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Zoning Scheme By-law, 2020
- Published in Western Cape Provincial Gazette no. 8268 on 10 July 2020
- Commenced on 10 July 2020
- [Up to date as at 18 September 2020]
1. DefinitionsIn this By-law, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014) has the meaning assigned to it in that Act and—"ancillary" means a land use, purpose, building, structure or activity which is directly related to, and subservient to, the lawful dominant use of the property;"antenna" means any system of wires, poles, rods, reflective surfaces or similar devices, used to transmit or receive electronic communication signals or electro-magnetic waves;"applicant" means a person who makes application in terms of the Planning By-law;"atrium" means a covered courtyard that—(a)comprises a void within a building that extends for one or more floors in height that contains a floor and roof or ceiling; and(b)does not contain floors that penetrate into the void;"average ground level" means the average of the highest and lowest existing ground levels immediately abutting the external elevational plane or wall cutting into the ground of a building or vertical division of a building, and the Municipality may:(a)determine the average ground level from measurements supplied on a building plan; or(b)deem a level to be the average ground level based on measurements interpolated from a contour plan, local height benchmark or other information held by the Municipality; or(c)require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, in order to provide the Municipality with sufficient information so that it can determine the average ground level for the purpose of administering this By-law;"balcony" means a floor projecting outside a building at a level higher than that of the ground floor, enclosed only by low walls or railings or by containing walls of rooms abutting the projecting floor, and may include a roof over the projecting floor and pillars supporting the roof;"bar" refer to definition of pub;"base level" of a building means an imaginary plane drawn horizontally at the average ground level of the building, or vertical division of the building, is directly above or on top of the ceiling of any basement;"base zone" means the zone that determines the lawful land use and development parameters for a land unit in terms of this zoning scheme, before the application of any overlay zone;"basement" means that portion of a building with a ceiling level which does not protrude more than one metre at any point above natural ground level excluding excavations required for access purposes;"boundary" in relation to a land unit means one or more of the cadastral lines separating the land unit from another land unit or from a road reserve;"boundary wall" means any wall, fence or enclosing structure erected on or directly next to a cadastral property boundary, including entrance gates and doors;"braai room" means a room that is part of the main dwelling or outbuildings and that is used primarily for entertainment purposes and where food and drinks may be prepared, but excludes a kitchen;"building" without in any way limiting its ordinary meaning, includes—(a)a roofed structure;(b)an external stair, step or landing of a building and any gallery, canopy, balcony, stoep, verandah, terrace, porch or similar feature of a building;(c)a wall or railing enclosing any feature referred to in paragraph (b); and(d)any other portion of a building;"building line" means an imaginary line on a land unit, which defines a distance from a specified boundary, within which the erection of buildings or structures are completely or partially prohibited;"cadastral line" means a line representing the official boundary of a land unit as recorded on a diagram or general plan approved by the Surveyor-General and registered in the Deeds Office;"canopy" means a cantilevered or suspended roof, slab or covering projecting from the wall of a building, excluding the floor of a balcony;"CapeNature" means the Western Cape Nature Conservation Board established in terms of the Western Cape Nature Conservation Board Act, 1998 (Act 15 of 1998);"caravan" means a vehicle that has been equipped or converted for living and sleeping purposes and that can readily be moved;"carport" means a structure for the storage of one or more vehicles that is covered by a roof, provided that not more than two sides may be permanently enclosed;"carriageway crossing", in relation to a motor vehicle carriageway crossing, means an entrance or exit way, or a combined entrance and exit way, from a land unit to a road;"commercial", in relation to a use right, means a use right for the express purpose of making a profit with no or limited social or charitable objectives;"common boundary", in relation to a property, means a boundary common with the adjoining property other than a street boundary;"Council" means the municipal council of the Municipality;"coverage" means the area of a land unit that is covered by buildings, expressed as a percentage of the total area of such land unit, and shall include all roofed areas; provided that the following portions of buildings shall be disregarded in the calculation of coverage:(a)open stoeps, entrance steps and landings, open balconies, and retractable awnings;(b)cornices, chimney breasts, pergolas, flower boxes, water pipes, drainpipes and minor decorative features not projecting more than 500 millimetres from the wall of the building;(c)eaves not projecting more than 1,0 metres from the wall of the building; and(d)a basement, provided that the basement ceiling does not project above the ground level;"deemed zoning" means the zoning of a land unit which the Municipality deems it to have in circumstances where no formal zoning determination or rezoning was previously done;"dominant use" means the predominant or major lawful use of a property, and may consist of primary uses, consent uses or other lawful uses permitted on the property;"dwelling unit" means a self-contained, inter-leading group of rooms —(a)with not more than one kitchen, used for the living accommodation and housing of one family, together with such outbuildings as are ordinarily used with a dwelling unit; and(b)does not include domestic staff quarters, tourist accommodation or accommodation used as part of a hotel;"eave" means a portion of a roof projecting beyond the face of a building, including any gutters;"earth bank" means land that is shaped to hold back earth or loose rock;"ecosystem" means a self-sustaining and self-regulating community of organisms and the interaction between the organisms with one another and with their environment;"encroachment agreement" means an agreement between an owner and the Municipality relating to the projection of portions of a building or structure from the owner’s property onto or over the Municipality’s property;"entrance steps and landings" means steps and landings to a building, including any low walls and railings, if the steps and landings are not within the main containing walls of the building;"environmental management plan" means a plan that documents the management of site preparation, construction or operations affecting an environmental resource or an environmentally significant place, its environmental values or management requirements, or both as per the requirements of the relevant environmental legislation;"erection" in relation to a building or structure includes—(a)the construction of a new building or structure;(b)the alteration or conversion of, or addition to, a building or structure; and(c)the re-construction of a building or structure which has completely or partially been demolished;"erf" has the same meaning as 'land unit';"existing ground level" means the various levels of the land surface on a land unit:(a)in its unmodified state, before any building had been erected or alterations in levels had been made thereon; or(b)as established from a plan indicating the contours of the land lodged with and accepted by an official agency such as the municipality or a government department, which depicts the existing level of the ground at or before the commencement date; or(c)in a state which has been graded, with the Municipality’s approval, for the purpose of development; or(d)as determined by the Municipality, if in its opinion it is not possible to ascertain the existing level of the ground due to irregularities or disturbances of the land; and the Municipality may require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, which shall be tied to the National Control Network, or where this is not possible, to provide at least two fixed reference marks suitably located, in order to provide the Municipality with sufficient information so that it can determine the most appropriate existing ground level for the purpose of administrating this By-law;"family" means—(a)one person maintaining an independent household; or(b)two or more persons related by blood, marriage or civil union maintaining a common household; or(c)not more than five unrelated persons without dependents maintaining a common household;but does not exclude up to six foster children, or dependents under legal guardianship as part of a household;"flood-prone area" means any land area susceptible to being inundated by water from any source;"floor" means the inner, lower surface of a room, garage or basement, and includes a terrace or atrium to which the occupants of a building have access;"floor factor" means the factor, expressed as a proportion of 1, which is prescribed for the calculation of the maximum floor space of a building or buildings permissible on a land unit; If the floor factor is known, the maximum permissible floor space can be calculated by multiplying the floor factor by the area of the land unit;Maximum floor space = (Floor factor) × (Area of the land unit)"floor space", in relation to any building, means the area of a floor which is covered by a slab, roof or projection; provided that—(a)any basement or part of a basement not intended as habitable space shall be excluded;(b)any area which is reserved solely for parking or loading of vehicles is excluded;(c)external entrance steps and landings, a canopy, a stoep and an area required for external fire escapes are excluded;(d)a projection, including a projection of eaves, and a projection which acts as a sunscreen or an architectural feature, which projection does not exceed 1 metre beyond the exterior wall or similar support, is excluded;(e)any uncovered internal courtyard, light well or other uncovered shaft which has an area in excess of 10 m² is excluded;(f)any covered paved area outside and immediately adjoining a building at or below the ground floor level, where such paved area is part of a forecourt, yard, external courtyard, pedestrian walkway, parking area or vehicular access, and which is permanently open to the elements on at least the front or long side, is excluded;(g)any covered balcony, verandah or terrace which, apart from protective railings, is permanently open to the elements on at least the front or long side, and which does not exceed 2,5 metres in width, is excluded;(h)subject to paragraph (i), any stairs, stairwells and atriums that are covered by a roof are included;(i)in the case of multi-level buildings, any stairwells, lift wells, light wells or other wells, and any atrium, are only counted once; and provided further that—(i)floor space is measured from the outer face of the exterior walls or similar supports of the multi-level building; and(ii)the total floor space is the sum of the floor space of all the levels of the multi-level building, including that of any basement;"garage" means a building for the storage of one or more motor vehicles, but does not include a motor repair garage or service station;"GLA" means gross leasable area being the total floor space designed for, or capable of, occupancy or control by tenants, measured from the centre line of the joint partitions to the inside finished surface of the outside walls, but excludes the following:(a)public toilets, internal walkways, lift shafts, service ducts, interior parking and loading bays; and(b)areas reasonably used in connection with the cleaning, maintenance and care of the building, excluding dwelling units for caretakers, supervisors, cleaners or maintenance staff;"greenhouse" means a structure with the sides primarily made of a transparent material such as glass, perspex or plastic for the purpose of growing of plants or hastening growth of plants under controlled environmental conditions;"ground floor" means the lowest floor of a building that is not a basement and is positioned on the base level of a building or vertical division;"ground level" means the same as "natural ground level";"gross density" means a measure of the number of dwelling units in a specified area, and is calculated as follows:Gross dwelling density (units per hectare) = Total number of dwelling units in a specified area / Extent of specified area in hectares;"group housing site" means one or more land units on which a group housing scheme or retirement resort may be erected;"habitable space" means space used, designed, adapted or intended to be used by persons for sleeping in, living in, preparation or consumption of food or drink, transaction of business, rendering of any services, manufacturing, processing or sale of goods, performance of work, gathering together of persons or for recreational purposes;"hazardous substance" has the same meaning as "grouped hazardous substance" as defined in section 1 of the Hazardous Substances Act, 1973 (Act 15 of 1973);"height" of a structure means a vertical dimension of the structure from the natural ground level to the wall plate or, in the case of a pitched roof, the ridge of the roof or the highest point of a building, measured in metres, provided that—(a)the height of a structure does not include chimneys, flues, masts or antennae;(b)elevator motor rooms, ventilation shafts, water tanks, air conditioning plant and equipment on top of a building are included when determining the height of a structure;(c)satellite dishes not exceeding 1.5 metres in diameter and external geysers with associated equipment not protruding more than 1.5 metres above the top of the roof shall not be included for the purpose of height control; and(d)the general provisions regarding these aspects in this By-law also apply;"kitchen" means a room or part of a room equipped for preparing and cooking meals and excludes a braai room, food and drink preparation area or bar facilities in an entertainment area;"land unit" means a portion of land registered or capable of being registered in a deeds registry and includes a servitude right or lease;"Land Use Planning Act" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014);"landscaping" means the placement of plants, contoured features, water features, paving, street furniture and other soft and hard elements for the purposes of enhancing the aesthetic appeal, environmental management, amenity and value of a property;"loading bay" means an area which is clearly demarcated for the loading and off-loading of goods from commercial vehicles, and which has vehicular access to a public street to the satisfaction of the Municipality;"lodger" means a person who utilises lodging services;"lodging" means the provision of bedroom accommodation or, in the case of a backpackers’ lodge, bed accommodation that is made available on payment of a charge or fee, and includes the services ordinarily related to such accommodation;"maximum floor space" means the greatest total floor space that is allowed for a building or buildings on a land unit, and is calculated by multiplying the floor factor by the area of the land unit or that portion of the land unit that is situated within a particular zone; provided that, where the land unit is situated within two or more zones to which different floor factors apply, the maximum floor space for the whole land unit is the total of the maximum floor space for each zoned portion of the land unit;"mineral" means a substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth or under water and which was formed by or subjected to a geological process, and includes sand, stone, rock, gravel, clay, soil and any material occurring in residue stockpiles or in residue deposits, but excludes—(a)water, other than water taken from land or sea for the extraction of any mineral from such water;(b)petroleum; and(c)peat;"mobile home" means a transportable structure with the necessary service connections, which is designed so that it can be used as a permanent dwelling;"motor vehicle" means a wheeled vehicle designed or used for propulsion by means of an internal combustion or electrical engine, and includes a motorcycle, trailer or caravan, but excludes a vehicle moving exclusively on rails;"Municipality" means the Cederberg Municipality established by Establishment Notice No. (P.N. 482/2000) of (22 September 2000) issued in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and where the context so requires, includes—(a)the Council;(b)another political structure or a political office bearer of the Municipality, authorised or delegated to perform a function or exercise a power in terms of this By-law;(c)the Municipal Planning Tribunal, authorised or delegated to perform a function or exercise a power in terms of this By-law;(d)the Municipal Manager; and(e)any employee of the Municipality acting in terms of delegated or sub-delegated authority of the Municipality;"National Building Regulations" means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);"natural ground level" means—(a)the level of the land in its unmodified state; or(b)when altered with the municipality’s approval for the purpose of development, the municipality may approve such altered ground level as the natural ground level, subject to Section 40;"noise level" means a reading on an integrated impulse sound level meter taken in accordance with accepted scientific principles as described in applicable legislation;"non-conforming use" means an existing land use that was lawful in terms of previous zoning scheme but that does not comply with this zoning scheme;"occupant" means any person who physically inhabits a building, a structure, or a land unit;"occupational health and safety law" means the Occupational Health and Safety Act, 1993 (Act 85 of 1993), or municipal by-laws governing occupational health and safety, whichever is applicable;"outbuilding" means a structure, whether attached or separate from the main building that is normally ancillary and subservient to the main building on a land unit, and includes a building designed to be used for the garaging of motor vehicles, and any other normal activities in so far as these are usually and reasonably required in the connection with the main building, but does not include a second dwelling;"outdoor advertising" means the act or process of notifying, warning, informing, making known or any other act of transferring information in a visible manner and that takes place out of doors;"overlay zone" means a category of zoning that applies to a particular area, land or land units in addition to the base zoning and that—(a)stipulates development parameters or use rights that may be more or less restrictive; and(b)may include provisions and development parameters relating to—(i)primary or consent uses;(ii)subdivision and subdivisional areas;(iii)development incentives;(iv)density limitations;(v)urban form or urban renewal;(vi)heritage and environmental protection;(vii)management of urban growth;(viii)scenic drives; coastline setbacks;(ix)any other purpose as set out in this zoning scheme;"owner" means the person registered in a deeds registry as the owner of land or who is the beneficial owner in law;"package of plans" means the hierarchy of plans specified in terms of this By-law;"parapet" means a low projection, wall or moulding that finishes the uppermost edge of a building with a flat or low-pitched roof;"parking bay" means an area clearly outlined and demarcated for the parking of one motor vehicle and may be provided in the form of a garage or carport which is accessible for easy and safe vehicle movement;"pergola" means any unroofed horizontal or approximately horizontal grille or framework and associated vertical support structure and of which the area in the horizontal projection of its solid portions does not exceed 25% of the total area thereof;"Planning By-law" means the Planning By-law adopted by the Municipality;"planning law" means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), Land Use Planning Act, Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985), the Planning By-law or succeeding legislation governing land use planning in the Western Cape, whichever is applicable;"plaza" means an urban open space or square, primarily designed for outdoor use by pedestrians;"policy plan" means a policy adopted by the Municipality, structure plan, spatial development framework or other policy plan approved in terms of planning law;"porch" means a roof (not being the floor of a balcony) projecting from the outside of a building above a doorway, and forming a covered entrance to such building, and includes any paved area thereunder, and any low walls or railings enclosing such paved area, and any pillars supporting such roof;"porte cochères" means a covered entrance large enough for vehicles to pass through, typically opening into a courtyard or a porch where vehicles stop for passengers to get out of the vehicle;"precinct plan" means a plan, approved by the Municipality, as envisaged in this By-law as a component of a package of plans;"premises" means any shop or restaurant within a building that is not linked in any manner or way with another shop or restaurant in the same building;"previous zoning scheme" means a zoning scheme or town planning scheme referred to in section 33(1) or (2) of the Land Use Planning Act;"primary use" in relation to property means any land use specified in this By-law as a primary use, being a use that is permitted within a zoning without the need to obtain the Municipality’s approval;"property" means land together with any improvements or buildings on the land;"provincial road" means a road that is under the jurisdiction of the provincial roads authority;"protected area" means a protected area as defined in section 1 of the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003);"pub" means an establishment for the sale of predominantly alcoholic beverages, and sometimes also food, to be consumed on the premises and is also known as a tavern or bar; but excludes— a night club;"public authority" means an organ of state;"public nuisance" means any act, omission or condition which, in the Municipality’s opinion is offensive, injurious or dangerous to health, materially interferes with the ordinary comfort, convenience, peace or quiet of the public, or which adversely affects the safety of the public, having regard to the reasonableness of the activities in question in the area concerned, and the impacts which result from these activities;"public place" means any open or enclosed place, park, street, road or thoroughfare or other similar area of land shown on a general plan or diagram that is for use by the general public, is owned by (or vests in the ownership of) a municipality, and includes a public open space and a servitude for any similar purpose in favour of the general public;"public road" means any highway, thoroughfare, lane, footpath, sidewalk, alley, passage, bridge or any other place of a similar nature or any portion thereof serving as a public right of way, whether for vehicles or pedestrians, established or proclaimed in terms of the former Municipal Ordinance, 1974 (Ordinance 20 of 1974) or any equivalent current municipal by-law and/or national legislation and includes a public street;"public street" means any land indicated on an approved plan, diagram or map as having been set aside as a public thorough way for vehicles and pedestrians, of which ownership as such vests in the Municipality in terms of the relevant Planning Law, or in terms of any other law;"refuse room" means a defined screened refuse receptacle from where refuse is collected, usually on a weekly basis;"registered land surveyor" means a professional land surveyor, registered in terms of the Geomatics Profession Act, 2013 (Act 19 of 2013);"retaining structure" means a wall or structure constructed to hold back earth or loose rock;"road" includes a public street or a private road;"road reserve" means the designated area of land that contains a public street or private road (including the road and associated verge), which land may be defined by cadastral boundaries;"satellite dish antenna" means apparatus fixed to a structure or mounted permanently on the ground and that is capable of receiving or transmitting communications from a satellite;"scenic drive" means a public street designated as a scenic drive by the Municipality in recognition of the high visual amenity alongside that public street, including background vistas of a mountain, open country, a coastline or a town;"service yard" means a defined screened area providing utility services for, amongst others, general residential developments which include facilities such as washing lines;"shipping or transport container" means a large, weatherproof container used for the transport of goods by sea, rail or road and that is usually stored in the open when not in use;"sign" means any sign, sign-writing, mural, graphic design, signboard, screen, blind, boarding or other device by means of which an advertisement or notice is physically displayed, and includes any advertisement, object, structure or device that is in itself an advertisement or which is used to display an advertisement;"site development plan" means a scaled and dimensioned plan which shows development details such as (but not limited to) site layout, positioning of buildings and structures, property access, building designs and landscaping of the proposed development;"spatial development framework" refers to a provincial spatial development framework, a provincial regional spatial development framework, or a municipal spatial development framework or municipal local spatial development framework;"stoep" means an uncovered paved area or projecting floor outside and immediately adjoining a building, at or below the level of the ground floor of the building, and includes any low walls or railings enclosing the paved areas or floors;"storm water" means water resulting from natural processes, the precipitation or accumulation of the water, and includes groundwater and spring water ordinarily conveyed by the storm water system, as well as sea water within estuaries, but excludes water in a drinking-water or waste-water reticulation system;"storm water system" means constructed and natural facilities, including pipes, culverts and water courses, used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use or disposal of storm water;"street boundary" means the boundary between a land unit and a public street or private road;"street centreline setback" means the line delimiting the area measured from the centre line of a particular public street, within which no building or other structure, including a boundary fence, may be erected;"structure" without in any way limiting its ordinary meaning, includes any building, shelter, wall, fence, pillar, tower, pergola, steps, landing, terrace, sign, ornamental architectural feature, swimming pool, fuel pump or underground tank, any building ancillary to service infrastructure provision, and any portion of a structure;"tavern" refer to definition of pub;"terrace" means an area to which occupants of a building have access, created on a flat roof over a portion of the building, resulting from the setting back of part of the building above that portion;"top of the roof", for the purpose of height control, means the top of the roof ridge in the case of a pitched roof, or the top of the parapet where the parapet extends above the roof;"total floor space" of a building means the sum of the floor space of all the levels of a particular building, including basements;"used" in addition to its ordinary meaning, includes "designated or intended to be used";"verandah" means a covered area (not being an area that is part of a yard or parking area) or projecting floor outside and immediately adjoining a building at or below the level of the ground floor of the building, and includes both the covered area or floor and the roof or other feature covering it, as well as any low walls or railings enclosing the covered area or floor;"vertical division" of a building means a portion of the building bounded by external and/or internal walls, with or without openings, which portion is by design clearly identifiable as a logical vertical component from other portions of the building. The Municipality may deem that a building is divided into vertical divisions, where every such division shall have a separate base level for the purpose of administrating this zoning scheme;"wall plate" means the lowest point of a longitudinal member, bar, rafter, beam, truss, bracket, pillar, post, structure or any other similar device, as determined by the Municipality, which supports a roof;"watercourse" means –(a)a river, spring, stream, channel or canal in which water flows regularly or intermittently;(b)a vlei, wetland, dam, or lake into which or from which water flows; and(c)includes the bed and banks of a watercourse;"youth hostel" means a place providing affordable accommodation, aimed mainly at young tourists;"zoning" includes base zoning and overlay zoning;"zoning scheme" means a land use scheme as defined in section 1 of the Spatial Planning and Land Use Management Act and includes the components referred to in section 4 of this By-law.
Zoning scheme, use zones and uses
2. Application of zoning schemeThe zoning scheme applies to the entire municipal area.
3. Purpose of zoning schemeThe purpose of the zoning scheme is to—(a)enable implementation of the municipal spatial development framework;(b)make provision for orderly development and the welfare of the community; and(c)determine use rights and development parameters, with due consideration of the principles referred to in the Land Use Planning Act.
4. Components of zoning schemeThe zoning scheme consists of the following components:(a)this By-law;(b)the zoning scheme map; and(c)the register.
5. Use zones
6. Zoning scheme map
7. Transition to new use zones and savings
8. Rectification of errors on zoning scheme map
9. Zoning scheme registerThe Municipality—(a)must record all departures, consent uses or other permissions granted and non-conforming uses in the register;(b)may keep the register from the date of commencement of the zoning scheme in an electronic format; and(c)must make the register available to members of the public for viewing.
10. Primary usesPrimary uses of land permitted in each use zone, without the Municipality’s consent, are listed in the corresponding part of column 2 of the table set out in Schedule 1.
11. Additional use rightsAn activity or use described as an additional use right in a particular zoning is permitted in that zoning without the approval of the Municipality, provided that any condition or further provisions specified for such activity or use are adhered to. The additional use rights are listed in the corresponding part of column 2 of the table set out in Schedule 1.
12. Ancillary usesAn ancillary use is permitted where a primary use, approved consent use or other lawful use is exercised.
13. Consent usesConsent uses of land permitted in each use zone, with the Municipality’s prior consent in terms of the Planning By-law, is listed in the corresponding part of column 3 of the table set out in Schedule 1.
14. Occasional uses
15. Non-conforming uses
16. Deemed zoning of closed public placesThe zoning of land that was previously a public street or public open space, vested in or owned by the Municipality and that is closed, is determined as follows:(a)if the land is transferred to an abutting owner, that portion of the land falls in the same zone as that of the abutting land belonging to the abutting owner; or(b)the Municipality must determine which zoning applies to the land if—(i)the land is transferred to an abutting owner and that owner owns abutting properties falling into more than one zone; or(ii)in any other case not provided for in this section.
17. Purpose of overlay zones
18. Procedures for establishing, reviewing or amending overlay zonesAn overlay zone is adopted, reviewed or amended by the Municipality as an amendment of this By-law in accordance with sections 12 and 13 of the Municipal Systems Act, 2000 (Act 32 of 2000) and section 25 of the Land Use Planning Act.
Distances, heights, levels and boundaries
19. Measuring distances, heights and levelsThe following provisions apply regarding to the measuring of distances, levels or height:(a)If required by the Municipality, the owner or applicant shall appoint a registered land surveyor to supply or verify information necessary for the Municipality to make a decision about compliance with distances or levels required in terms of this by-law.(b)Where reference is made or implied to the distance between boundaries or between a building and a boundary, this distance must be measured in the following manner:(i)the boundary or boundaries and all points of the building shall be projected onto a horizontal plane, and all measurements shall be made in the plane; and(ii)the distance between a point on a building and a boundary shall be measured at the shortest distance between the point and the boundary.(c)Where reference is made to a portion of a boundary opposite a building, that portion shall be defined by drawing lines in a manner described in paragraph (b) from points on such building, at right angles to such boundary.(d)Any post-construction deviation from a height restriction that does not exceed 300 mm will not be considered a contravention of the provisions of this zoning scheme, provided that this deviation provision does not apply for the purposes of making an application.(e)If there is doubt about the height of a building or structure, the Municipality may require the owner to appoint a registered surveyor to:(i)certify the actual height of the building or structure in accordance with the provisions of this zoning scheme;(ii)certify if a building or structure is in contravention of the provisions of this zoning scheme; and(iii)certify that all structures on the property comply with the height restrictions applicable to the property.(f)Where reference is made to a distance, ground level, height of a point on a building or other measurement, then such distance, level or height shall be calculated in accordance with recognised geometric principles, and for the purposes of determining contours, from any data set held by the Municipality at or before the commencement date or any data set so determined by the Municipality. In any case where the distance, level or height involved is so irregular that calculation in accordance with these principles is impractical or leads to a result which is clearly not in accordance with the intent of the By-law, the Municipality shall determine the distance, level or height concerned for the purpose of administering this By-law.
20. Determining boundaries of use zonesIf uncertainty exists as to the boundaries of use zones, the following parameters apply in the order listed:(a)boundaries shown as following or approximately following any public street or road must be construed as following the street cadastral boundary;(b)boundaries shown as following or approximately following any land unit boundary must be construed as following that boundary;(c)boundaries shown as following or approximately following natural features must be construed as following those features; and(d)in the event of further uncertainty as to the boundaries of a use zone, the Municipality must make a determination.
21. Offences, penalties and enforcement of By-law
Development of land
22. Development parameters applicable to use rights
This part contains general provisions and parameters that apply to all zones or to specific zones as may be provided for. It includes matters such as encroachments that may occur within building lines and requirements for site development plans. It refers to hazardous substances, owners’ associations, screening, retaining structures, outdoor storage, antennae systems and other municipal By-laws. This part also contains requirements for parking, loading, access and infrastructure. There are also provisions relating to the subdivision of land.
23. Encroachment of building lines
24. Street centreline setback
25. Site development plans
26. Hazardous substances
27. ScreeningThe Municipality may require screening in accordance with the following provisions:(a)any part of a land unit that is used for the storage or loading of goods must be enclosed with a suitable wall or landscape screening or both; and(b)any external utility service or equipment that is required for a building must be appropriately screened from view from a public street, and the screening must be integrated with the building in respect of materials, colour, shape and size.
28. Earth banks and retaining structuresUnless the prior approval of the Municipality has been obtained—(a)no earth bank, retaining structure, column, suspended floor, other device or series of such devices may be constructed that enables the ground floor of a building to be raised more than 0,5 metres above natural ground level, provided that where the raising takes place, the height must still be measured from natural ground level, excluding infill for a driveway; and(b)earth banks and/or retaining structures will be dependent on complying with engineering specifications and building plan approval by the Municipality.
29. Boundary wallsIn the absence of an approved site development plan, architectural guidelines or relevant policy, the following development parameters apply to boundary walls:(a) HeightThe maximum height in all cases is 2,1 metres.(b) Permeability(i)40% of a residential street boundary wall must be permeable; and(ii)60% of a street boundary wall in other areas must be permeable.
30. Maintenance of propertyProperty must be properly maintained by the owner or occupier and may not—(a)be left in a neglected or offensive state, as may be determined by the Municipality;(b)contain an unsightly accumulation of papers, cartons, garden refuse, rubble or other waste material, as may be determined by the Municipality;(c)contain an accumulation of motor wrecks or unroadworthy vehicles or used motor parts, unless these are permitted in terms of the primary or consent use applicable in terms of this zoning scheme; and(d)contain outdoor storage of building material, appliances or similar items unless these—(i)are permitted in terms of the primary or consent use in terms of this zoning scheme;(ii)are temporarily being stored for the purpose of construction in accordance with a valid building plan approval; or(iii)are being stored in conjunction with the holding of a yard or garage sale with a duration of not more than two consecutive days.
31. Parking of vehicles in residential zonesA motor vehicle of an occupant of a dwelling unit and used for commercial activities conducted away from the dwelling unit may be parked on the property where the occupant resides, provided that—(a)there is adequate space on the property concerned;(b)no more than one commercial vehicle per dwelling unit may be parked on the property; and(c)the gross weight of any such commercial vehicle may not exceed 3 500 kg.
32. Mobile homes and caravans
33. Rooftop base telecommunication stations and satellite dish antenna systems
34. Geysers and solar panels or similar infrastructure affixed to roofs of buildingsAny external geysers and associated equipment or solar panels or similar infrastructure affixed to the roof of a building may not at any point be more than 2 metres above the roof surface, measured perpendicularly from that surface.
35. Equipment on top of buildingNo elevator motor rooms, satellite dishes, ventilation shafts, water tanks, air conditioning plants or other equipment on top of a flat roofed building may, subject to the definition of "height", exceed a height of 2 metres above the wall plate.
36. Parapet wallsParapet walls are restricted to 500 millimetres in height above the finished roof level immediately contiguous to the parapet
37. ChimneysChimneys may not extend higher than 1 metre above the highest point of the roof of a dwelling house or dwelling unit.
38. Linear infrastructureAny land unit, irrespective of its zoning, as a primary right, may allow telecommunication and electrical transmission lines and pipelines or canals for the transportation of liquids and gasses to traverse it, as may be reasonably required by the Municipality or an organ of state in accordance with and subject to expropriation laws, other applicable laws and the registration of the necessary servitudes.
39. Utilisation of outbuildingsNo outbuilding may be utilised for any purpose other than the purpose submitted in the building plans and approved by the Municipality, and an outbuilding may not be utilised until the main buildings are completed or occupied, unless approved by the Municipality.
40. Determination of natural ground level
41. Animals kept for commercial purposes
42. Hobbies in single and general residential zonesWhen exercising a hobby in all single and general residential zones, the dominant use of the dwelling house or dwelling unit must be for the living accommodation of a single family, provided that—(a)no portion of the dwelling, may be used for the purposes of a noxious trade, risk activity or sale of alcoholic beverages;(b)in addition to paragraph (a), the following uses are not classified as hobbies:(i)activities conforming to the definition of a shop;(ii)animal care centres;(iii)butcheries;(iv)coal and wood merchants;(v)escort agencies or adult entertainment;(vi)fishmongers;(vii)hospitals or clinics;(viii)house shops;(ix)taverns or house taverns;(x)manufacturing of concrete products;(xi)motor vehicle repairs;(xii)panel beating or spray painting;(xiii)parcel delivery services;(xiv)places of entertainment;(xv)places of instruction(xvi)shooting ranges or shooting instructions;(xvii)taxi businesses;(xviii)tow-in services;(xix)transport contractors;(xx)undertakers;(xxi)vehicle rental agencies; and(xxii)any other activity that in the opinion of the Municipality does not fit in the particular environment or is of a nature that it must be located on a suitably zoned premises;(c)no goods may publicly be displayed, and no external evidence of the hobby may be visible from the street;(d)no advertising may be displayed;(e)any public exhibition of hobby items or activities on the residential property must:(i)be preceded by a written consent from the Municipality; and(ii)during the public exhibition, temporary parking must be provided on the land unit in accordance with the parking requirements of this By-law and appropriate traffic regulating measures must be put in place;(f)an activity associated with a hobby may not occupy more than 25% of the total floor area of the dwelling on the property or 60 m², whichever is more restrictive, including storage;(g)the Municipality may restrict the operating hours relating to the hobby, if the activity proves to be a nuisance to residents in the area; and(h)any new structure, or alteration to the existing dwelling or outbuilding, must conform to the residential character of the area concerned.
Parking and loading
43. Off-street parking requirements
|Minimum off-street parking requirements|
|Land use||Normal areas||PT areas|
|Dwelling house||Erven >350m²: 2 bays per dwelling unit
Erven >250 m² but ≤ 350m²: 1 bay per dwelling unit
Erven ≤ 250m²: Nil per dwelling unit
|Erven >250m²: 1 bay per dwelling unit
Erven ≤ 250m²: Nil per dwelling unit
|Group housing/Town housing||1, 75 bay per dwelling unit
0, 25 bays/unit for visitors
|1 bay per dwelling unit
0, 25 bays/unit for visitors
|Retirement resort||Dwelling unit||2 bays per dwelling
0, 25 bays/unit for visitors
|1 bay per dwelling
0, 25 bays/unit for visitors
|Home for the aged||0, 5 bays per bedroom||0,5 bays per bedroom|
|Frail care||0, 5 bays per bed||0, 5 bays per bedroom|
|Orphanage||0, 5 bays per bedroom||0, 5 bays per bedroom|
|Flats||1, 75 bays per dwelling
0, 25 bays/unit for visitors
|1, 25 bays per dwelling
0, 25 bays/unit for visitors
|Second dwelling||Erven >250m²: 1 additional bay
≤ 250m²: Nil additional bay
|Boarding house/ Guest house/ Guest lodge/ Bed and breakfast establishment||1 bay per bedroom/ guest room
2 bays per owner’s home / manager’s flat
|1 bay per bedroom|
|Home care facility||1 bay / 2 beds or part thereof
(e.g. 2 bays per 3 beds)
|1 bay / 2 beds or part thereof (e.g. 2 bays per 3 beds)|
|Backpackers lodge||1 bay /6 beds
2 bays / owner’s home / manager’s flat
|1 bay per 12 beds|
|Hotel (excluding other facilities, specific ratios apply to each use)||0, 75 bays per bedroom, plus 20 bays if licensed||0, 75 bays per bedroom, plus 20 bays if licensed|
|Hospital (general and private)||1 bay per bed
2 bays per consulting room
|1 bay per bed
2 bays per consulting room
|Frail care facility||1 bay per bed||1 bay per bed|
|Clinic/Medical consulting rooms||2 bays per consulting room||2 bays per consulting room|
|Funeral parlour||1 bay per 8 seats or persons, calculated at 1,4 m² floor area = 1 person||1 bay per 8 seats or persons, calculated at 1,4 m² floor area = 1 person|
|Shops / Liquor store /Neighbourhood
shop /Restaurant / Supermarket /
|3 bays per 100 m² GLA||2 bays per 100 m² GLA|
|Big box retail||As determined by the Municipality||As determined the Municipality|
|Offices||3 bays per 100 m² GLA||2 bays per 100 m² GLA|
|Home occupation||1 bays per 60 m² GLA||1 bays per 60 m² GLA|
|House shop / tavern / bar||As determined by the Municipality l||As determined by the Municipality|
|Industry / Light industry /Warehouse / Scrap yard/
Builder’s yard / Noxious trade /
Risk activity / Industrial hive
|1 bays per 200 m² GLA||1 bays per 200 m² GLA|
|Service trade||3 bays per 100 m² GLA||2 bays per 100 m² GLA|
|Storage facility||1 bay per 200 m² GLA||1 bay per 200 m² GLA|
|Service station/ Motor repair garage/||4 per service bay
Minimum of 8 bays
|4 per repair bay
Minimum of 8 bays
|Motor vehicle sales or Vehicle hire premises /
Open air motor vehicle sales
|2 bays per 100 m² GLA||2 bays per 100 m² GLA|
|Place of assembly/Place of worship/ Place of entertainment/
Place of leisure/Gambling place
|1 bay per 8 seats or persons, calculated at 1, 4 m² floor area = 1 person||1 bay per 8 seats or persons, calculated at 1, 4 m² floor area = 1 person|
|Motor fitment centre||2 bays per service bay||2 bays per service bay|
|Sport stadium||1 bay per 8 seats or persons||1 bay per 8 seats or persons|
|Gymnasium, health club (not part of a shopping centre)||3 bays per 100m² GLA||3 bays per 100m² GLA|
|Schools||1 bay per classroom/office plus stop & drop facility||1 bays per classroom/ office plus stop & drop facility|
|Crèche||1 bay per 10 children plus stop & drop facility||1 bay per 10 children plus stop & drop facility|
|Library, Museum||2 bays per 100m² GLA||1,5 bays per 100m² GLA|
|Place of instruction (other than schools/
day care centre/ crèche)
|1 bay per classroom/office
plus 1 bay per 6 students
|1 bay / classroom/office plus
1 bay per 10 students
|Conference facility||1 bays per 8 seats||1 bays per 6 seats|
44. Alternative parking supply
45. Combined parking requirementsIf two or more uses combine to share a common parking area, the Municipality may approve parking requirements that provide less than the quantum of the parking required for individual uses provided that—(a)the Municipality is satisfied that the utilisation of the same parking area by the different use types or activities in the zones will not result in a concurrent use of the parking area; and(b)bays intended for combined uses may not subsequently be reallocated to other uses without the approval of the Municipality.
46. Site access and exits
|Width of motor vehicle carriageway crossings|
|Type of carriageway crossing||Minimum width||Maximum width|
|Single entrance or exit way||2,7 metres||6,0 metres|
|Combined entrance and exit way||5,0 metres||10,0 metres|
47. Parking layout requirements
48. Parking for physically disabled
|Physically disabled accessible parking|
|Total no of parking bays||Required number of bays accessible to the physically disabled|
|For every additional 100 bays||1 additional parking bay|
49. Motorcycle and bicycle parking spaces
50. Loading requirements
|Minimum off-street loading bay requirements|
|Land use||Floor area (m²)||Number of loading bays|
|Offices||0– 5 000
5 001– 15 000
15 001– 30 000
Every additional 30 000 or part thereof
1 additional bay
|Business premises other than offices,
|0– 1 000
1 001– 2 500
2 501– 5 000
5 001– 10 000
Every additional 10 000 or part thereof
1 additional bay
501– 1 000
1 001 and greater
3 × requirements for business premises other than offices,
Refuse rooms and service yards
51. Refuse roomsThe Municipality may, for the purposes of collecting refuse, require the owner to install a refuse receptacle on a property which—(a)is of sufficient size to accommodate the refuse generated from the property for one week;(b)is located adjacent to a public street, or in a position which will provide acceptable access to a refuse collection vehicle;(c)is designed in a manner that is architecturally compatible with the other structures on the property and will screen refuse bins from public view; and(d)complies with any other conditions or standard requirements that the Municipality may impose relating to access, health, pollution control, recycling, safety or aesthetics.
52. Service yards
- Entire By-law
- Chapter 1 – Interpretation
Chapter 2 – Zoning scheme, use zones and uses
- 2. Application of zoning scheme
- 3. Purpose of zoning scheme
- 4. Components of zoning scheme
- 5. Use zones
- 6. Zoning scheme map
- 7. Transition to new use zones and savings
- 8. Rectification of errors on zoning scheme map
- 9. Zoning scheme register
- 10. Primary uses
- 11. Additional use rights
- 12. Ancillary uses
- 13. Consent uses
- 14. Occasional uses
- 15. Non-conforming uses
- 16. Deemed zoning of closed public places
- Chapter 3 – Overlay zones
- Chapter 4 – Distances, heights, levels and boundaries
- Chapter 5 – Enforcement
- Chapter 6 – Development of land
Chapter 7 – General provisions
- 23. Encroachment of building lines
- 24. Street centreline setback
- 25. Site development plans
- 26. Hazardous substances
- 27. Screening
- 28. Earth banks and retaining structures
- 29. Boundary walls
- 30. Maintenance of property
- 31. Parking of vehicles in residential zones
- 32. Mobile homes and caravans
- 33. Rooftop base telecommunication stations and satellite dish antenna systems
- 34. Geysers and solar panels or similar infrastructure affixed to roofs of buildings
- 35. Equipment on top of building
- 36. Parapet walls
- 37. Chimneys
- 38. Linear infrastructure
- 39. Utilisation of outbuildings
- 40. Determination of natural ground level
- 41. Animals kept for commercial purposes
- 42. Hobbies in single and general residential zones
- Chapter 8 – Parking and loading
- Chapter 9 – Refuse rooms and service yards
History of this By-law
10 July 2020 this versionPublished in Western Cape Provincial Gazette no. 8268By-law commences.