Drakenstein
South Africa
South Africa
Zoning Scheme By-law, 2018
- Published in Western Cape Provincial Gazette 7983 on 28 September 2018
- Commenced on 28 September 2018
- [This is the version of this document from 28 September 2018 and includes any amendments published up to 1 November 2024.]
Chapter 1
Definitions
1. Definitions
"abattoir" means a place where animals are slaughtered and may include preparation and packaging for distribution to shops and markets;"adult services" is a shop where goods of a pornographic or erotic nature is sold, or a place of entertainment where services, events, shows or films of a sexually explicit nature take place or are shown, and includes, but is not limited to strip clubs, adult shops, massage parlours, or escort agencies;"agricultural building" means any building normally erected and used in direct connection with the farming operations on an agricultural enterprise and includes sheds, packing sheds, stores and cold stores for unprocessed produce, but excludes abattoirs, agricultural processing buildings, employee housing or any of the consent uses in the Agriculture Zone;"agricultural processing" means an industry for the processing of agricultural products that are primarily produced on the agricultural enterprise concerned, and includes the storage of the processed product and where the agricultural processing activity is subservient to the dominant agricultural use on the property and there is a rational relationship between the processing and the produce of the agriculural enterprise and units in the immediate vicinity of the property; and may include a winery, wine cellar with associated tasting facilities, distillery, cheese making industry, dairy, fruit ripening plant and food processing factory, but excludes the extraction of resources such as bottling of water and sand mining;"agricultural enterprise" means a farming enterprise which is conducted on one or more agricultural land units as a single business;"agriculture" means the cultivation of land for raising of crops or other plants, including plantations, and covered crop cultivation areas; and/or the keeping and breeding of animals, birds or bees, stud farming, game farming, riding schools and includes horticulture and uncultivated veld, but excludes intensive animal farming;"airport" means a complex comprising of one or more aircraft runways and associated buildings for the use by civilian aircraft and may include facilities for the handling and storage of airfreight and ancillary uses including a shop;"ancillary" means a land use, purpose, building structure or activity which is directly related to and subservient to the dominant lawful use of the property;"animal care facility" means any facility used for the keeping of animals for humane purposes or safe keeping, and includes animal shelters and commercial kennels and may also include ancillary veterinarian services;"apartment building" means a building containing three or more dwelling units together with such outbuildings, open space and roads and parking ordinarily associated with apartments;"aquaculture" means intensive animal farming for the breeding of water flora or fauna in artificially constructed dams or holding tanks, or suspended from floating supports in natural water bodies;"balcony" means a floor projecting outside a building at a level higher than that of the ground floor, which is intended as outdoor space for occupants of a building; it is enclosed only by low walls or railings or by main containing walls of rooms abutting such projecting floor and may include a roof, if any, over such floor and pillars supporting such roof;"basement" means any storey or division of a storey with a ceiling level that does not protrude more than 1m at any point above existing ground level;"base level" of a building or structure means the mean level between the highest and lowest point of the natural ground level of the site immediately adjacent to the building or structure; provided that where a basement has been constructed, the base level is the floor level of the slab covering the basement;"base zone" means the zone that determines the lawful land use and development rules for a land unit before the application of additional parameters or rules of an overlay zone;"big box retail" means a single retail business with a floor area of more than 2000m²;"boundary wall" means a wall or fence erected on a land unit which serves as a division between properties including public and private streets, whether it is erected on or next to the property boundary, and includes any gate, or pillar or any contrivance forming part of the said wall;"business" means any enterprise for commercial and/or professional services and/or retail uses such as, but not limited to shops, offices, financial institutions, big box retail, postal agencies, gambling venues, wellness centres, restaurants, supermarkets, shopping centres, medical consulting rooms which are not in a clinic or hospital, conference facilities, commercial gymnasiums, veterinary services, plant nursery, tavern, liquor outlet, funeral parlours and adult services, but in a particular zone excludes any business use that is a consent use or requires the technical approval or permission in terms of the Scheme or from neighbours, or that is prohibited in that zone; provided that all businesses which were lawfully conducted or approved (in accordance with Planning Law or on a building plan) at the commencement of the Scheme, shall remain lawful businesses in terms of the Scheme;"building" without in any way limiting its ordinary meaning, includes:(i)any structure, whether of a temporary or permanent nature irrespective of the materials used in the erection thereof;(ii)any roofed structure;(iii)any external stairs providing access between different floors, balcony, stoep, veranda, porch or similar feature of a building;(iv)any walls or railings enclosing any feature referred to in subsection iii);(v)any wall, swimming bath, swimming pool, fireplace, reservoir or bridge or any other structure connected therewith;(vi)any air conditioning unit, pump, fuel, water or other tank, or any structure used in connection therewith;"building line" means an imaginary line on a land unit, which defines a distance from a specified boundary, within which the erection of buildings above or below ground are prohibited; provided that where a road reserve is not defined by cadastral boundaries, the reserve width as specified by the competent authority or applicable legislation will become the boundary from which the distance of a building line is to be measured;"cemetery" means a place where the remains of the deceased are buried, stored or retained and commemorated and includes memorial parks and memorial structures and may include buildings that are necessary for the administrative and clerical uses associated therewith but does not include a crematorium;"club house" means a place of assembly usually associated with sports facilities used by a sports club or group for social, recreational or sporting facilities for members of the club or association, and includes changing rooms, pro-shop, restaurant or licensed provision of alcoholic beverages for consumption on the property, but may not also be a liquor outlet;"commercial" combined with a use, such as 'commercial gymnasium' or used in relation to the terms such as 'commercial gain' or 'commercial nature' means an enterprise where services, goods or entertainment is sold or rendered for compensation, is undertaken with the intent of making a profit, and where there is no or little social or charitable objectives;"commercial gymnasium" is a business where people pay to make use of specialised equipment to exercise and may include swimming pools, changing facilities, the sale of refreshments for users of the facility and areas for fitness training classes;"community care facility" means a community facility where a range of social and welfare services may be provided to members of a community and includes legal advice offices which exclusively offer pro-bono legal advice, counselling rooms, resource centres, soup kitchens and day clinics, but does not include overnight or accommodation facilities, or a place of instruction;"community residential" means long-term accommodation or overnight care facilities for people in need of special care, other than hospitalisation, and includes an orphanage, old-age home, medical recovery and care facility, hospice, halfway house, hostel and includes ancillary services for in-house residents such as medical or frail care, counselling and communal recreation facilities, but excludes a retirement village, hotels, and medical consulting rooms, facilities or services for non-residents;"conference facility" means a business where information is presented to, or ideas and information exchanged among groups of people, and includes the supply of meals to attendees;"conservation" means the protection and management of natural resources aimed at long-term sustainability and includes ancillary facilities related to the main use;"container depot" means a site or facility used for the storage of shipping or transport containers;"correctional facility" means a place where people are incarcerated, accommodated and/or given instruction and/or rehabilitation following a court order and includes a reformatory, place of detention and prison;"coverage" means the total area of a land unit that may be covered by buildings with a roof, slab or projection expressed in square meters or as a percentage of the area of the land unit;"crematorium" means a place for in the incineration of corpses in a furnace and includes buildings that are necessary for the administrative and clerical uses associated therewith;"crop cover" means any netting, plastic or glass material or other protective cover that is applied over a support structure constructed from wood, metal or any other similar material, on a permanent or semi-permanent basis to improve the yield and quality of agricultural or horticultural crops, plants or flowers and includes poly-tunnels;"development charges" means a once-off bulk infrastructure access fee levied by the Municipality on an applicant, developer or landowner in terms of its relevant statutory powers in respect of a development which will result in an intensification of land use and an increase in the use of or need for bulk municipal utility services infrastructure, and may include any required social infrastructure;"dwelling house" means a building consisting of one dwelling unit, together with outbuildings usually associated with a dwelling house including a garage, braai facilities and a garden shed, and second dwelling house has the same meaning except that it refers to the second such dwelling unit on the same land unit;"dwelling unit" means a group of interrelated rooms and ancillary facilities for the accommodation of a single household and can be a dwelling house, second dwelling house, third dwelling unit, employee housing or a dwelling unit in an apartment building or a group housing scheme;"eave" means a portion of a roof projecting beyond the face of a building, including any gutters;"energy generation" means a facility where electricity on a large scale for distribution into the national grid, is generated and includes the use of non-renewable and renewable energy sources and use waste material to generate such energy, as well as the ancillary infrastructure and buildings such as substations, step-down and storage facilities exceeding 25m², but excludes linear utility services;"employee housing" means a dwelling unit provided for employees by an employer which is ancillary and subservient to the primary activity on the property, includes accommodation for labourers, caretakers and supervisory staff, provided that the employee housing is for the accommodation of one household only, of which at least one household member is employed on the property, is located on the same land unit on which the employment activity takes place, and may not be sold separately;"event" see occasional use;"floor area" in relation to any building means the area of a floor which is covered by a roof, slab or projection and shall be measured from the outer face of the exterior walls or similar supports of such building, and where the building consists of more than one level, the total floor area shall be the sum of the floor area of all the levels, including that of basements. Any stairs, stairwells, lift wells and atriums that are covered by a roof shall only be counted once on its ground floor. The following shall be excluded:(i)any area, including a basement, which is reserved solely for circulation, parking or loading of vehicles which are ordinarily associated with and which serves the land use on the property or in the particular building, provided that a commercial parking garage or additional parking in excess of the parking for land use inside the building are not excluded;(ii)any area required for fire escapes regardless of the number of storeys, which are unroofed, open to the air and external to the main facade of the building and used solely for emergency purposes;(iii)any projection or balcony including a projection of eaves, a canopy and a projection which acts as a sunscreen or an architectural feature which protrudes outside the facade of the building and remain open to the elements;(iv)any unroofed internal courtyard, light well or other uncovered shaft;"freestanding mast" means a freestanding support structure on land or anchored to land and used for telecommunication infrastructure to transmit or receive electronic communication signals, and may include access roads to the structure;"freight transport facility" means a facility for vehicles used for transportation of goods and the associated administrative facilities and includes a truck depot, and truck stop, but does not include a container depot;"function venue" means a building or structure used for functions, weddings, receptions or exhibitions;"fuel retail" means a facility where fuel is sold to the public and may include ancillary uses such as public ablution facilities, a car wash, a shop and a restaurant, but excludes vehicle repairs, sales, and servicing;"funeral parlour" means a business enterprise which arranges burials and includes the sale of goods associated with burials but excludes a mortuary, the preparation of bodies for burials or cremation and a place of assembly;"gambling" means any business which entails the wagering of money or something of value on an event with an uncertain outcome with the primary intent of winning money and/or material goods and includes totalisators (totes) and gambling machines;"gate house" means a roofed structure located at the entrance to a property used for the controlling of access to the property;"green infrastructure" means man-made or natural green corridors, wetlands, biological corridors or stormwater management facilities which are required because of development, to protect biodiversity, ensure links between biodiversity sites, or any other such purpose which has the effect of improving climate resilience;"gross leasable area (GLA)" means the total floor area designed for or capable of occupancy by tenants for their exclusive use, including storage areas which are leased, but excludes internal parking and loading bays and vehicular circulation areas and communal spaces which are used by more than one tenant, such as communal passages, toilets, kitchens, entrance lobbies, lift shafts, stairwells, service ducts, service areas and vertical penetration of floors and also excludes all spaces which are used exclusively by employees who fulfil their work function in another space which is already included in the calculation of GLA, such as staff canteens, staff change rooms;"group housing" means a group of four or more separate and/or linked dwelling units, where the development is planned and designed as a harmonious architectural entity which may have a low, medium or high-density character and where dwelling units may be on one cadastral entity, cadastrally subdivided or sold separately through sectional title and may include buildings or land used for ancillary administrative or recreational purposes, and may also be group housing for retired persons in which case ancillary medical care services may be included;"health care facility" means a facility where human medical diagnosis, care, treatment, services and procedures are administered, such as a clinic, hospital, medical or substance abuse rehabilitation facility, and may include one or more of associated land uses such as medical consulting rooms, pathologists' rooms, operating theatres, pharmacy, pathologist laboratories, trauma and emergency units;"height" of a building or structure means the vertical dimension measured in meters from one specified level to another specified level;"helipad" means any portion of land, building or structure or part thereof which has been demarcated and approved by the Civil Aviation Authority for the purposes of landing or taking off of helicopters or associated vertical lift-off aircraft;"heliport" means a complex comprising of structures for the landing or taking off of civilian helicopters or associated vertical lift-off aircraft and associated buildings and ancillary uses including a shop;"hotel" means a commercial residential establishment, with its primary source of business being the supply of visitors' accommodation and meals for paying guests on a short-term basis and may include ancillary facilities ordinarily associated with a hotel such as restaurants, taverns, and wellness centre that may be used be guests accommodated in the hotel as well as the general public, but may not include a liquor outlet; and may consist of one or a group of buildings that are operated as one entity;"hostel" means residential establishment in a custom built or converted building other than a dwelling house or dwelling unit, where lodging accommodation is provided in rooms against payment, and where communal facilities are shared, with or without the provision of meals, such as student accommodation, school hostels, staff hostels and commercial boarding houses;"household" means one or more persons who occupy a dwelling unit on a permanent basis and who share the ancillary facilities in a dwelling unit under the control of a member of the household who accepts responsibility for the occupational affairs of the household without the objective of financial gain;"house shop" means the use of a portion of dwelling house or outbuildings for the sale of convenience goods to the public in a structure or portion of building on the premises that allow for the serving of goods to customers directly from the street;"incremental house base structure" means a structure that forms the basis of a dwelling unit intended to be completed over time and typically includes (but is not limited to) a floor, wall, and connections to utility services and building plans for the base structure and future to-be-completed dwelling unit must be approved by the Municipality;"indoor sport" means any form of physical exercise or sporting activity taking place in a roofed structure, and may include uses ancillary to such a use including a shop but excludes a commercial gymnasium;"industry" means a place, which in the Municipality's opinion, is used as a factory and in which produce, a product, article or part of such article is made, manufactured, produced, built, assembled, compiled, printed, decorated, processed, treated, adapted, repaired, renovated, rebuilt, altered, painted, spray-painted, polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed, containerised, cooked, prepared, chilled, frozen or stored in cold storage, and can also be a brewery, distillery or wine related industry, and includes any use which is ancillary and subservient to the aforementioned activities mentioned for example an office, employee housing, shop, but does not include a noxious industry;"informal trading" means the legal selling of products in outdoor areas which may be from temporary structures, in accordance with the Municipality's informal trading by-law;"intensive animal farming" means a concentrated, confined animal keeping or growing operation, for production of meat, milk, eggs, or other animal products, located in open air pens, structures or buildings wherein the animals are provided with externally sourced feed and where the concentration of animals in a confined area has the potential to cause a public nuisance or health hazard, and includes enterprises such as aqua-culture, battery chicken farming and piggeries;"kitchen" means a room or part of a room equipped for preparing and cooking meals and excludes a braai room, drinks preparation area (for example domestic bar facilities in a bona fide home entertainment area);"liquor outlet" means a shop where alcoholic beverages are sold for off-site consumption;"light industry" means a place where the same activities as described in 'industry' is undertaken but which in the opinion of the Municipality is of such a limited scale and nature that the impact can be considered of a light industrial nature due to it having no external impact on the amenity of the neighbourhood. The floor area of anyone light industrial building or unit may not exceed 2000m² and transportation of materials or products do not involve the use of articulated trucks. The machinery, processes or materials used do not cause any external noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;"lodging accommodation" means the provision of accommodation against payment, in rooms in a dwelling house, where communal facilities such as a kitchen and lounge is shared by residents, and where paying lodgers rent rooms on an individual basis on a medium (monthly) to long-term (annual) basis, typically for a period of longer than 30 days, with or without the provision of meals and lodger has a corresponding meaning;"medical care services" means specialised medical services or facilities provided in community residential buildings, community care facilities or other such accommodation establishments facilities, and includes frail care;"military facility" means a place or property used for the storage or development of military equipment, or the stationing and training of military personnel on a large scale, and provided that where the use of a property by the military is confined to a use defined elsewhere in this Scheme, such as offices or a health care facility, the parameters applicable to that use will apply;"mortuary" means a place where corpses are kept, stored, examined, laid out or prepared for identification, burial or cremation and may also include an ancillary place of assembly and/or funeral parlour;"museum" means a place used for displaying and/or conserving art, and artefacts of a social, engineering, scientific or historic nature, which are not offered for sale, and may include an ancillary restaurant and shop to serve patrons of the museum;"Municipal By-law" means the Drakenstein Municipal Land Use Planning By-Law;"Municipality" means the Drakenstein Municipality established by Establishment Notice No. 488 of 2000 issued in terms of the Local Government: Municipal Structures Act 1998 (Act 117 of 1998) and where the context so requires includes the Council; another political structure or political office bearer of the Municipality authorised or delegated to perform a function or exercise power in terms of this Scheme; the Tribunal, authorised or delegated to perform a function or exercise a power in terms of this Scheme; the Municipal Manager; or any employee of the Municipality acting in terms of delegated or sub-delegated authority of the Municipality;"monument" means a structure or object erected to preserve the memory of a person, event or cultural resource, and may with the Municipality's permission include the interment of human remains;"National Building Regulations" means the National Building Regulations and Standards Act, 1977 (Act of 103 of 1977);"natural level of the ground" means the level of the land surface on a land unit in its unmodified state prior to development, or in a state which has been graded, with the Municipality's permission, for the purposes of development, provided that where land has been excavated around the external facade of the building, the excavated level is regarded as the natural ground level and where it is not possible to determine the natural level of the ground due to irregularities or disturbances of the land, the level shall be determined by the Municipality; and 'natural ground level' has the same meaning;"non-motorised transport" means any public facilities which support non-motorised modes of transport, such as walking, bicycling, skating, or wheelchair travel, and may include dedicated lanes, parking and storage facilities, rental kiosks or other associated facilities, but excludes visitors' facilities such as mountain trails or recreational facilities;"noxious industry" means a place where an offensive, poisonous or potentially harmful trade, use or activity which, because of fumes, emissions, dust, smell, vibration, noise, waste products, nature of material used, processes employed, or other cause, is deemed by the Municipality to be a potential source of danger, nuisance or offence to the general public or persons in the surrounding area;"occasional use" is the use of land for an event which involves the gathering of people (indoors and/or outdoors) which are extraordinary to the normal permitted or approved uses in the zone or for another occasional activity or event which is not ordinarily permitted in the zone, on an intermittent basis, either at regular intervals or not, such as music festivals, filming, promotional events, intermittent outdoor markets or intermittent sporting events;"office" means property used for the conducting of an enterprise primarily concerned with administrative, clerical, financial, or professional duties and includes medical consulting rooms;"open space" means land which may be public or privately owned and which is set aside for open space, such as a park, garden, vegetable garden, square, river or stream and may include private roads as well as ancillary structures for management and maintenance of such open spaces;"outdoor sport" means active recreational or sporting activities or physical exercise (whether organised or on an individual basis) that takes place outdoors and include the ancillary facilities required for such activities such as sports fields, skate board parks, paths, outdoor equipment, courses, and change rooms, but does not include stadiums and club houses;"overlooking feature" means any structural or architectural feature on the first floor or higher, that will provide a view onto an abutting property and may include a window with a sill height lower than 1.7m, door or balcony;"passenger transport facility" means all infrastructure, buildings or structures required for providing a service for the mass transport of people by means of buses, trains, mini-buses or any other similar means of transport and includes staging areas, bus stations, train stations, bus stops, transport interchanges and all ancillary facilities such as maintenance areas, offices for the administration and management of the facility, shops, restaurants and ablution facilities which serve the people using these facilities as well as employee housing;"parapet" a low protective wall along the edge of a roof or balcony;"parking garage" means a structure or part of a building used for the parking of vehicles on a short-term commercial basis which exceeds the normal parking provision required for the activities on the property;"permanent resident" means the registered owner of a property who resides in that property on a full-time basis or a tenant who has entered into a lease contract with the registered owner and who permanently resides at the premises; provided that in the case of a tenant wanting to embark on visitors accommodation or lodging accommodation activities, the resident tenant who is the head of household shall have entered into a lease contract which is valid for at least one year from the date of commencement of the activity in question;"place of assembly" means the use of facilities for the gathering of groups of people for religious, social and community needs, and facilities may include buildings used for practicing religion, community hall, club house, sport stadium, function venue and indoor sports centre which offer facilities for spectating, and may include licensed provision of alcoholic beverages for consumption on the property;"place of entertainment" means a place used predominantly for commercial entertainment where patrons may participate in the activities or observe performances or gather for entertainment purposes, such as a night club, tavern, cinema, theatre, amusement arcade and may include licensed provision of alcoholic beverages for consumption on the property gambling activities and adult services;"place of instruction" means any form of daily care, tuition or instruction of people, and includes colleges, schools, day-care centres, creches, early childhood development centres, after-school care, instruction in physical exercise and training, skills training, arts and crafts classes, additional and further education tuition, libraries and computer resource centres, but excludes a commercial gymnasium;"Planning Law" means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), or the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014), or the Drakenstein Municipal Land Use Planning By-Law, whichever is applicable in the context, and may also include former planning law such as the Land Use Planning Ordinance, 1985 (No 15 of 1985) and Townships Ordinance, 1934 (No. 33 of 1934) if these were lawfully enacted at the time when a decision was made in terms of this legislation;"plant nursery" means a place where plants and associated gardening equipment and other ancillary goods for use in gardens are offered for sale either in buildings or under a roof, or in hot-houses or poly-tunnels, and includes the cultivation of said plants on the same premises;"poly-tunnel" see crop cover;"porte cochère" 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;"private road" means a gravel, paved or surfaced road which is used by vehicles and/or pedestrians, which may be on the same property as the land uses it serves, or may be a separate cadastral entity, or a right of way servitude, and which is privately owned and does not vest in the Municipality or other public road authority;"proclaimed road" is a road proclaimed by the competent authority in terms of the Roads Ordinance No 19 of 1976. Or any subsequent legislation as a provincial road;"public institution" means a facility that provides non-commercial services to the general public and includes museums, monuments, public galleries, courts, police station, government offices which provide services to the public;"public road" means a gravel, paved or surfaced road which may be a separate cadastral entity, a registered right of way servitude, or exist by means of other legislation, and which is set aside to provide for vehicular access and movement, and which vest in or is owned by the Municipality or another public road or transport authority, and may also include on-street parking;"public transport infrastructure" see passenger transport facility;"recycling facility" means a facility where used materials and goods of any nature are collected, dismantled, sorted, cleaned and processed for re-use and includes a vehicle scrapyard;"renewable energy generation" means the generation of energy by means of any wind turbine, solar energy generating apparatus, including solar photo-voltaic and concentrated solar thermal, hydro turbines or bio-mass facility or any grouping thereof, that captures and converts wind, solar radiation or bio-mass into energy for commercial gain; and includes any appurtenant structure necessary for, or directly associated with, generation of renewable energy, or any test facility or structure that may lead to the generation of energy on a commercial basis, but excludes the infrastructure to connect to the electrical grid;"restaurant" means a commercial establishment where meals and beverages are prepared and served to paying customers primarily for consumption on the property and may include licensed provision of alcoholic beverages for consumption on the property, and the option for customers to purchase food prepared on the premises for consumption off the property;"retail business" means a business involving the sale of goods to customers, and may include businesses which sell goods over the internet for delivery to customers;"road" means either a public or private road, regardless of ownership;"risk industry" means an undertaking where the material handled, or the process carried out, is liable to cause extremely rapid combustion, give rise to poisonous fumes, or cause an explosion and includes major hazardous installations and activities involving dangerous and hazardous substances that are controlled in terms of national legislation;"rooftop base station" means the base station infrastructure, any support structure and the antenna or mast attached to the roof, side or any part of a building and used to accommodate telecommunication infrastructure for the transmitting or receiving of electronic communication signals;"Scheme" means the zoning scheme of the Drakenstein Municipality as defined in section 1 of the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014), and includes the components referred to in section 24, and is the same as a 'land use scheme' as defined in section 1 of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013);"service depot" means premises for storage, maintenance, and rental of equipment, materials and vehicles used in the building and construction industry such as equipment rental, road maintenance depots, earth moving operations;"shelter" means an informal dwelling unit or outbuildings, constructed of any material whatsoever, even though such material or construction does not comply with the standards of durability intended by the National Building Regulations, and may include inter-leading or separate rooms for lodgers or transient guests as an additional use in accordance with the parameters of the zone, provided that sufficient communal ablution facilities are provided for such rooms;"shop" means a place for the operation of a retail business where customers visit the premises to purchase goods or where goods are displayed for customers to view before purchasing, including all associated storage of goods sold or displayed on the premises, and may include an area which does not exceed 50% of the total floor area of the premises for the manufacturing, packaging and repairing of articles which are sold in the same premises, provided that these activities do not cause any traffic nuisance, emissions, smells, dust or noise pollution;"spatial development framework" means the Municipality's spatial development framework approved in terms of Planning Law;"special use" a use which is not provided for in any of the definitions of land uses in this Scheme;"tavern" means a place of entertainment where the primary business is the sale of alcoholic beverages exclusively for on-site consumption and may include the serving of meals, provided that all taverns which were lawfully approved in accordance with Planning Law or on a building plan, at the commencement of the Scheme, shall remain lawful taverns in terms of the Scheme;"top of roof" in the case of a pitched roof is the highest point on the roof measured to the outer roof covering;"urban edge" means the demarcated line which in an approved spatial development framework or similar approved municipal policy document, defines the outer limits of urban areas and separates urban areas from rural areas;"urban horticulture" means the cultivation of crops in areas within the urban edge or in urban areas, for own consumption or sale, provided that for the purposes of this Scheme, the cultivation of a garden by the occupant of a land unit in an urban area shall not be regarded as urban horticulture;"utility plant" includes aboveground public or private infrastructure which is not a linear service which take up a land area exceeding 5mx5m which is required for generation, processing or storage of bulk and other municipal water, sewerage, electricity, gas, or solid waste and includes dams, water purification, electricity generation, sewerage plants, gas or energy storage facilities, large electrical substations, solid waste disposal sites or any other such similar infrastructure sites which serve the Municipal area or a part thereof;"utility services" means underground or aboveground public or private linear infrastructure, installed in the process of developing land, for the provision of municipal and other services such as water, sewerage, electricity, gas, roads, stormwater drainage systems and telecommunication and other similar electronic communication cables, including related aboveground substations and pump stations and other installations not exceeding a land area of 5mx5m, but excludes all uses listed under the definition of 'utility plant';"vehicle depot" means premises used for the non-public storing of vehicles, trucks or buses, and may include dispatching, maintenance, service and fuelling areas for the stored vehicles that are ancillary to the vehicle depot but excludes temporary storage area of construction vehicles whilst construction is in progress, and the permanent storage of agricultural vehicles on Agriculture zone for vehicles associated with that farm unit shall not be classified as a vehicle depot;"vehicle sales" means a business which involves the sale and/or storage of vehicles, whether new or pre-owned and may include a subservient service for the servicing of vehicles;"vehicle services" means a business which provides for the servicing, maintenance, repair, alteration of vehicle and the fitment of parts to vehicles;"visitors' accommodation" means the provision of overnight accommodation for paying guests on a short-term basis (where the same guests stay for periods typically less than 30 days) and includes examples such as self-catering dwelling units, bed and breakfast facilities, guest house, guest lodge, backpackers' accommodation, camping and includes ancillary facilities to serve such resident guests only, but excludes an hotel;"visitors' facility" means a facility or amenities for visitors such as a restaurant, shop, farm stall, outdoor market, restroom, recreational facilities, function venue, information centre, conference facility, 4x4-, mountain bike-, cycle- and hiking trails, abseiling and rock climbing routes, picnic facility, wellness centre, wine tasting and -sales or other visitor attractions related to the land unit, but excludes visitors' accommodation, hotels or any land use which requires permission, technical approval or is a consent use in that zone;"wall plate" means the highest point on a building where the roof trusses are affixed to the supporting walls of the external facade, and in the case of a roof structure which does not require a wall plate, or in the case of a flat or concrete roof, the line where the highest point of the outermost roof cover material intersects with the supporting walls of the facade;"warehouse" means a place used for the storage and distribution of goods, or a distribution business for goods that are exclusively sold over the internet, including ancillary uses such as offices, and is also a building in which storage units are rented out on an individual basis, but excludes the retailing of goods in a shop where goods are on display;"wellness centre" means a business enterprise where health and beauty treatments are offered, and may with the Municipality's permission include additional facilities such as live-in accommodation for patrons;Chapter 2
Jurisdiction and scheme application process
2. Area of jurisdiction
3. Composition of zoning scheme
4. Zoning map
5. Interpretation
6. Severance, other legislation, and by-laws
7. Transitional arrangements for existing schemes and approvals
8. Deemed zoning
9. Consolidation of land
10. Evasion of intent of the scheme
11. Methodology of measuring and rounding off
12. Land use tables in zones
13. Technical approval
14. Neighbours' permission
15. Consent uses
16. Prohibited uses and uses not mentioned in a zone
17. Permission in terms of this scheme or conditions of approval
18. Site development plan
19. Owners' associations and other laws
20. Lapsing of permission
21. Environmental construction management plans
22. Visual impact assessments
Chapter 3
General development parameters & parking
23. General parameters applicable to all zones
24. Access requirements
25. Ancillary uses
26. Boundary walls and fences
27. Building height
28. Building lines
29. Decommissioning of various installations and land uses
30. Development charges
31. Door and window openings, gutters and roof eaves
32. Dwelling house in all zones: use and leasing
33. Entrance porches and gate houses
34. Freestanding mast
35. Loading bays
36. Mobile homes and caravans
37. Motorcycle, bicycle and other non-motorised transport provision
38. Occasional use
39. Outdoor storage of vehicles and other goods
40. Panhandle properties
41. Parking: disabled and universal access
42. Parking: on-site provision requirements
43. Parking: visitors
44. Public transport embayments
45. Prospecting and mining
| Table A: Off-street parking requirements | |||||||||
| Land Use Category | Normal parking | Additional parking reserved for visitors | |||||||
| Residential | |||||||||
| Visitors' and lodging accommodation: | 1 bay/2 persons accommodated (or alternatively 1 bay/2 single beds and 1 bay /2 double bed) and 1 bay employee | ||||||||
| Community residential building: | |||||||||
| Normal provision | 0,3 bay/persons accommodated | ||||||||
| Associated with tertiary institution | 0,3 bay/ persons accommodated | ||||||||
| Associated with school | 4 bays & facilities for stop and drop | ||||||||
| Dwelling house: | 1 bay / dwelling unit | ||||||||
| Second and third dwelling unit >30m² : | 1 bay / dwelling unit | ||||||||
| Apartments | 1 bay / dwelling unit | 0,5 bay / dwelling unit | |||||||
| Group house: | 1 bay /dwelling unit | 0,5 bay / unit | |||||||
| Hotel: | 0,7 bays/ 2 persons accommodated (or alternatively 0,7 bays/2 single beds or 0,7 bay/double bed plus 0,5 bays/employee plus, additional parking for as required for additional facilities accessed by non-guests as required elsewhere in the Scheme (e.g. office, restaurant, conference, wellness centre etc.) | ||||||||
| Business and Office | |||||||||
| Business premises: | 4 bays / 100m² Gross Leasable Area | ||||||||
| Commercial gymnasium: | 6 bays / 100m² Gross Leasable Area | ||||||||
| Conference facility: | 0,25 bay / seat | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Vehicles sales: Light vehicles | 3 bays / 100m² Gross Leasable Area | ||||||||
| Vehicles sales: Medium and heavy vehicles | 1 bay / Gross Leasable Area with a min of 6 bays plus 1 bay / 800m² Gross Leasable Area for heavy vehicles: Minimum 1 bay | ||||||||
| Vehicle services Offices: | 4 bays per service bay plus 4 bays / 100m² Gross Leasable Area: Minimum 8 bays 4 bays / 100m² Gross Leasable Area | ||||||||
| Place of entertainment: | |||||||||
| General | 4 bays / 100m² Gross Leasable Area | ||||||||
| Cinemas and theatres- in shopping centre- standalone facility outside centre | 0,25 bay / persons seated or standing0,5 bay / persons seated or standing | ||||||||
| Plant nursery | 1 bay / 100m² Gross Leasable Area (total indoor and outdoor sales area) | ||||||||
| Restaurants | 8 bays / 100m² Gross Leasable Area (total indoor and outdoor seating area) | ||||||||
| Fuel retail | 1 bay / service bay plus 2 bays/100m² Gross Leasable Area | ||||||||
| Shops:up to and including 1500m² >1500m² | 4 bays / 100m² Gross Leasable Area6 bays / 100m² Gross Leasable Area | ||||||||
| Industrial | |||||||||
| Industry | 1,5 bays / 100m² Gross Leasable Area | ||||||||
| Warehouse, Abattoir | 1 bay / 100m² Gross Leasable Area | ||||||||
| Recycling facility | 1 bay / 100m² Gross Leasable Area | ||||||||
| Community facilities and medical | |||||||||
| Medical consulting rooms | 6 bays / 100m² Gross Leasable Area | ||||||||
| Clinics and hospitals | 1 bay /person admitted (or per single bed) plus 3 bays/consulting room | ||||||||
| Community care | 1 bay per employee (or alternatively 1 bay/classroom, office or other space capable of occupation by a staff member.) | ||||||||
| Place of instruction other than a schoolor tertiary institution | 1 bay /4 students; plus 1 bay per employee (or alternatively 1 bay/ classroom, office or other space capable of occupation by a staff member) | ||||||||
| Pre-primary (ECD), primary and secondary schools | 1 bay / classroom & stop and drop facilities | ||||||||
| Tertiary educational institution | 1 bay / lecture room | 0,5 bay /student | |||||||
| Place of assembly and indoor sport: | 0,25 bay / seated or standing or 20 bays / 100m² Gross Leasable Area | ||||||||
| Public institution (e.g. library, museum) | 2 bays / 100m² Gross Leasable Area | ||||||||
46. Resource conservation and efficiency
47. Retaining walls, earth banks or raising ground level
48. Rooftop base stations and antennae
49. Satellite dish antennae
50. Sectional title
51. Screening of visual impacts
52. Shipping containers, wooden houses, and tented structures
53. Solar and wind energy generation
54. Special use
55. Steep slopes and ridgelines outside urban edge
56. Structures or equipment on top of or attached to building
57. Traffic studies
58. Urban horticulture
59. Utility services
Chapter 4
Mixed-use zone
The purpose of this zone is to make provision for the following:• the greatest mix of business, residential, tourist and community uses in central business nodes, at strategic nodes, and along activity streets;• the greatest intensity of development;• the improvement of traditional central business areas and increasing its competitiveness; and• improved feasibility of public and non-motorised transport, by allowing a high intensity of land use.60. Zone name and designation
61. Land use in this zone
| Primary | Permitted | Technical approval | Neighbours' permission | Consent | Prohibited |
|---|---|---|---|---|---|
| • Apartment building• Business ≤ 2000m²• Community care facility• Community residential• Conference facility• Dwelling house• Function venue• Group housing• Healthcare facility• Hostel• Hotel• Indoor sport• Informal trading• Liquor outlet• Lodging accommodation• Mortuary• Outdoor sport• Place of assembly• Place of entertainment• Place of instruction• Public institution• Second dwelling house• Third dwelling unit• Vehicle sales• Vehicle services• Visitors' accommodation | • Business > 2000m² | None | • Big box retail• Fuel retail• Light Industry <2000m²• Parking garage• Passenger transport facility (whole site)• Special use Warehouse <2000m² | • Noxious industry• Risk industry Utility plant | |
| Additional | • Freestanding mast• House shop• Non-motorised transport• Occasional use (x1)• Open space• Rooftop base station• Utility services | • Passenger transport facilities (portion of site) | None | Occasional use (>1x) |
62. Business premises
63. Informal trading
64. Occasional use
65. Building development parameters in this zone
| Street building lines) | Common boundary building lines | Maximum coverage | Maximum height incl roof | |
|---|---|---|---|---|
| For properties abutting MU, IND and U zones | 0m | 0m | 100% | 20m |
| For properties abutting zones other than MU, IND and U zones | 0m | 4,5m | 100% | 20m |
66. General parameters and parking
67. Development charges in this zone
Chapter 5
Industrial zone
The purpose of this zone is to make provision for:• sufficient land to be retained for general manufacturing and large-scale industrial and warehousing purposes and for any activity exercised in connection therewith or addition thereto;• the location of industrial uses in areas where negative impacts of such uses can be limited to the industrial area and its environs;• certain large-scale retail activities which are not appropriate in the historical centre of towns;• shops and restaurants of a limited scale, which is aimed at serving the surrounding workforce and clients;• certain non-industrial uses, which are never the less compatible with the primary purpose of this zone.68. Zone name and designation
69. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Animal care facility• Freestanding mast• Freight transport facility• Fuel retail• Industry• Informal trading• Light industry• Mortuary• Passenger transport facility• Restaurant < 500m²• Service depot• Shop < 500m²• Vehicles sales• Vehicle services• Warehouse | None | None | • Abattoir• Adult services• Big-box retail• Container depot• Crematorium• Energy generation• Function venue• Freestanding masts (abutting CH or MUH)• Indoor sport• Intensive animal farming• Noxious industry• Parking garage• Place of assembly• Place of entertainment• Recycling facility• Renewable energy generation• Risk industry• Shop > 500m²• Special use• Utility plant• Vehicle depot | None |
| Additional | • Employee housing (1 unit)• Non-motorised transport• Occasional use (1x)• Open space• Rooftop base station• Utility plant• Utility services | • Further employee housing• Passenger transport facilities (portion of site) | None | • Occasional use (>1x) |
70. Shops, restaurants, and factory shops
71. Employee housing
72. Freestanding masts
73. Vehicle sales
74. Occasional use
75. Building development parameters in this zone
| Street building lines) | Common boundary building lines | Maximum coverage | Maximum height incl roof | |
|---|---|---|---|---|
| For properties abutting MU, IND and U zones | 0m | 0m | 75% | 21m |
| For properties abutting zones other than MU, IND and U zones | 0m | 4,5m | 75% | 11m |
76. General parameters and parking
77. Development charges in this zone
Chapter 6
Utility zone
The purpose of this zone is to make provision for the use of land for the provision and protection of any infrastructure services for the general public, whether in public or private ownership.78. Zone name and designation
79. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Existing land use• Green infrastructure• Utility services | None | None | • Abattoir• Animal care facility• Correctional facility• Energy generation• Freestanding mast• Military facility• Recycling facility• Renewable energy generation• Service depot• Special use• Utility plant | • Sectional title |
| Additional | • Employee housing• Non-motorised transport• Occasional use (x1)• Open space• Rooftop base station | • Further employee housing• Informal trading | None | • Occasional use (>1x) |
80. Existing lawful land uses is a primary permitted land use
81. Employee housing
82. Occasional use
83. Building development parameters in this zone
| Street building lines | Common boundary building lines | Maximum coverage | Maximum height incl roof |
|---|---|---|---|
| 5m | 5m | 60% | 8m |
84. Site development plan
85. General parameters and parking
86. Development charges in this zone
Chapter 7
Transport zone
The purpose of this zone is to make provision for:• roads, whether private or public, as indicated on a general plan or diagram, whether or not constructed, and roads which may not be cadastrally defined, but which are public roads by virtue of their use or other legislation;• Public areas for parking of motor vehicles that are operational. Such parking may be provided in buildings or in open parking areas in order to address the need for on - or off-street parking in an area, with or without the payment of a fee;• facilities for public transport services and commercial uses ancillary to such facilities;• opportunities for additional uses and occasional uses on land units zoned for transport purposes.87. Zone name and designation
88. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Non-motorised transport• Passenger transport facilities (infrastructure and structures)• Private road• Public road | • Railway lines• Surface parking | None | • Airport• Container depot• Freestanding mast• Freight transport facilities• Fuel retail• Helipad• Heliport• Parking garage• Special use• Vehicle depot | • Adult services• Gambling• Sectional title |
| Additional | • Employee housing• Occasional use (x1)• Open space• Rooftop base station• Utility services | • Further employee housing• Informal trading | None | • Occasional use (>1x) |
89. Employee housing
90. Sidewalks and business outdoor
91. Passenger transport facilities
92. Non-motorised transport facilities
93. Deeming of private roads
94. Occasional use
95. Building development parameters in this zone
| Street building lines | Common boundary building lines | Maximum coverage | Maximum height incl roof |
|---|---|---|---|
| 5m | 5m | 60% | 8m |
96. Site development plan
97. General parameters and parking
98. Development charges in this zone
Chapter 8
Neighbourhood business zone
The purpose of this zone is to make provision for:• lower order commercial and community uses to serve the surrounding community that will not impact negatively on the amenity of the surrounding residential area;• lower intensity business development outside central business nodes and activity streets;• occasional uses and informal trading serving the surrounding area;• residential opportunities in the form of apartments.99. Zone name and designation
100. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Apartment building• Business <2000m²• Community care facility• Community residential• Dwelling house• Indoor sport• Lodging accommodation• Place of assembly• Place of instruction• Public institution• Second dwelling house• Third dwelling unit• Vehicle sales• Visitors' accommodation | None | None | • Adult services• Business >2000m²• Conference facility• Freestanding mast• Fuel retail• Function venue• Gambling• Healthcare facility• Hostel• Hotel• Mortuary• Outdoor sport• Place of entertainment• Special use• Vehicle services• Warehouse | • Big box retail• Noxious industry• Risk industry• Utility plant |
| Additional | • House shop• Informal trading• Non-motorised transport• Occasional use (1x)• Open space• Utility services | • Passenger transport facilities• Roof top base station | None | • Occasional use (>1x) | None |
101. Business premises
102. Informal trading
103. Occasional use
104. Building development parameters in this zone
| Street building lines | Common boundary building lines | Maximum coverage | Maximum height incl roof | |
|---|---|---|---|---|
| For properties abutting NB, MU, IND and U zones | 0m | 0m | 80% | 11m |
| For properties abutting zones other than NB, MU, IND and U zones | 0m | 4,5m | 80% | 8m |
105. General parameters and parking
106. Development charges in this zone
Chapter 9
Multi-unit housing zone
The purpose of this zone is to make provision for:• development of medium and high-density multi-unit residential development of a range of housing types, such as dwelling houses, group-, semi-detached- or row houses;• high-density residential development, such as apartments;• group housing development of medium or high density with a uniform group character and shared private services and access, which can either be subdivided or on one cadastral erf;• other multi-unit residential land uses such as student and tourism accommodation and other forms of residential accommodation.107. Zone name and designation
108. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Apartment building• Community residential• Dwelling house• Group housing• Hostel• Lodging accommodation• Second dwelling house• Third dwelling unit• Visitors' accommodation | None | • Non-habitable structures outside common boundary building lines | • Hotel• Office• Place of assembly• Place of instruction• Special use | • Abattoir• Adult services• Gambling• Liquor outlet• Mortuary• Noxious industries• Risk industries• Tavern• Utility plant |
| Additional | • Occasional use (x1)• Open space• Private road• Restaurant (on ground on activity street)• Shop (on ground on activity street)• Utility services | • Ancillary medical care services• Non-motorised transport• Rooftop base station | None | • Additional uses in Group houses• House shop• Occasional use (>1x) |
109. Dwelling house, group housing, and apartment dwelling units
110. Shops and restaurants on the ground floor
111. Medical care services
112. Group housing
113. Occasional use
114. Building development parameters in this zone
| Street building lines | Common boundary building lines | Maximum coverage | Maximum height incl roof | |
|---|---|---|---|---|
| All buildings up to a point 10m above base level | 5m | 5m | 75% | 24m |
| Buildings or portions exceeding 10m above base level | 7m | 7m | ||
| Group housing | External: 3mInternal: 0m | External: 3mInternal: 0m | 75% | 12m |
115. Recreational and outdoor space and service yards
116. General parameters and parking
117. Development charges in this zone
Chapter 10
Conventional housing zone
The purpose of this zone is to make provision for:•the use of land for the purposes of predominantly lower density conventional housing;•the welfare and safety of the occupants of dwelling houses within a neighbourhood by limiting uses which are likely to give rise to a public nuisance or impact adversely on residents' health, safety, and welfare;•preserving a lower density character to certain residential areas whilst promoting moderate densification in line with the principles of the Spatial Development Framework;•controlled opportunities for home employment and income generation through activities which are compatible with and ancillary to residential uses;•moderate densification through additional dwellings of a similar built form and character.118. Zone name and designation
119. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Dwelling house• Second dwelling house• Third dwelling unit ≤ 30m² | • None | • Non-habitable structures outside common boundary building lines | • Community care facility• Community residential (no resident operator)• Group housing• Lodging accommodation (no resident operator)• Monument• Museum• Special use• Third dwelling >30m²• Visitors' accommodation (no resident operator) | • Abattoir• Adult services• Freestanding mast• Gambling• Liquor outlet• Mortuary• Noxious industry• Risk Industry• Tavern• Utility plant• Vehicle sales |
| Additional | • Occasional use (x1)• Open space• Utility services• Urban horticulture• From Operator occupied dwelling/second dwelling house:o Businesso Community residentialo Lodging accommodationo Place of instructiono Visitors' accommodation | • Crop cover | • Additional uses which generate noise, involve vehicle repairs or take place outdoors• Shelter | • House shop• Occasional use (>1x)• Additional use that exceeds the threshold stipulated in this chapter.• Rooftop base station |
120. Dwelling house, second dwelling house, third dwelling unit and shelter
121. Additional uses where operator must reside on premises
122. Instruction and business as additional use
123. Visitors', lodging and community residential accommodation as additional use
124. Visitors', lodging and community accommodation as a consent use
125. Group housing as a consent use
126. Occasional use
127. Building development parameters in this zone
| Area of land unit | Street building lines | Common boundary building lines | Maximum coverage | Maximum height incl roof |
| Up to 250m² | 1m | 1m on one & 0m on two boundaries | 70% | 8m |
| 251m² to 500m² | 2m | 1.5m | 60% | |
| >500m² | 4.5m | 1.5m | 50% | |
| Garages and carports | 0m | 0m | n/a | 4m |
128. General parameters and parking
129. Development charges in this zone
Chapter 11
Community use zone
The purpose of this zone is to make provision for:• a wide range of community and welfare purposes including places of instruction, and places of assembly which include religious gatherings; and• ancillary uses such as administrative offices, residential uses, libraries, school hostels, recreational and sports facilities and any other uses and buildings that are ordinarily associated with the particular facility.130. Zone name and designation
131. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Community care facility• Community residential• Healthcare facility• Hostel• Indoor sport• Lodging accommodation• Open space• Outdoor sport• Place of assembly• Place of instruction• Public institution | For any significant change in existing land use | None | • Cemetery• Correctional facility• Mortuary• Special use | • Abattoir• Adult services• Gambling• Liquor outlet• Noxious industries• Risk industries• Sectional title• Utility plant |
| Additional | • Club house• Employee housing• Green infrastructure• Non-motorised transport• Occasional use (x1)• Restaurant• Shop• Utility services• Urban horticulture | • Further employee housing• Informal trading• Rooftop base station | None | • Club house, assembly, restaurant, (with liquor license)• Freestanding mast• Helipad• House shop• Occasional use (>1x) |
132. Employee housing and hostels
133. Place of assembly, shops, restaurants or club houses
134. Occasional use
135. Building development parameters in this zone
| Size of land unit | Street building lines | Common boundary building lines | Maximum coverage | Maximum height incl roof |
|---|---|---|---|---|
| <2000m² | 5m | 5m | 50% | 8m |
| ≥2000m² | 5m | 5m | 1000m² plus 30% of area exceeding 2000m² | 8m |
136. Refuse areas
137. Site development plan
138. General parameters and parking
139. Development charges
Chapter 12
Open space zone
The purpose of this zone is to make provision for:• active or passive recreational spaces;• open and landscaped spaces which contribute to the sense of place or visual amenity of an area;• open space which accommodates riverine corridors, stormwater detention areas or fulfil other ecosystem services.140. Zone name and designation
141. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Conservation• Green infrastructure• Monument• Open space• Urban horticulture | • Outdoor sport | None | • Cemetery• Community care facility• Conference facility• Hotel• Indoor sports facilities• Public Institutions• Special use• Visitors' accommodation• Visitors' facilities | • Adult services• Container depot• Gambling• Group housing• Noxious industries• Parking garage• Risk industries• Sectional title• Utility plant |
| Additional | • Non-motorised transport• Occasional use (x1)• Utility Services | • Crop cover• Employee housing• Informal trading• Place of Assembly• Restaurant• Shop | None | • Freestanding mast• Further employee housing• Helipad• Occasional use (>1x)• Rooftop base station |
142. Site development plan
143. Employee housing
144. Occasional use
145. Building development parameters in this zone
| Building | Street building lines | Common boundary building lines | Maximum height | Maximum floor area |
|---|---|---|---|---|
| Employee housing | 10m | 10m | 5m | 120m² |
| All other buildings | 500m² |
146. Boundary walls and fences
147. General parameters and parking
148. Development charges in this zone
Chapter 13
Agriculture zone
The purpose of this zone is to make provision for:• use of land for purposes of bona fide agricultural production;• buildings and structures which may be erected for reasonable and normal agricultural purposes;• a range of ancillary and subservient uses which may take place on agricultural land units, either as additional rights or as consent uses and which provides for more intensive agricultural use, agricultural industry or agri-tourism with the objective of creating variety, ensuring sustainability and providing diversified income to landowners, without adversely impacting on the primary use of the land for agricultural production.149. Zone name and designation
150. Land use in this zone
| Permitted | Technical approval | Consent | Prohibited | |
|---|---|---|---|---|
| Primary | • Agricultural buildings• Agriculture• Conservation• Dwelling house• Employee housing (1 unit)• Second dwelling house | None | • Animal care facilities• Intensive animal farming• Special use | • Airport• Apartment building• Commercial gymnasium• Container depot• Freight transport facility• Fuel retail• Funeral parlour• Group housing• Healthcare facility• Heliport• Hotel• Hostel• Industry• Light industry• Liquor outlet• Military facility• Mortuary• Noxious industry• Parking garage• Place of instruction >250m²• Risk industry• Sectional title• Utility plant• Vehicle depot• Vehicle sales• Vehicle services |
| Additional | • Green infrastructure• Open space• Occasional use (x1)• From Operator occupied dwelling/second dwelling or employee housingo Businesso Visitors' accommodationo Lodging accommodationo Community residential | • Abattoir threshold• Agricultural building > 2000m²• Agricultural processing < 2000m²• Crop cover• Employee housing (>1 unit)• Monument• Museum• Non-motorised transport• Place of instruction <250m²• Plant nursery• Utility services• Visitors' accommodation <• Visitors' facilities• From operator occupied dwelling unit:o House shop | • Abattoir threshold• Agricultural processing > 2000m²• Additional use exceeding the parameters in this zone• Conference facility• Dwelling units (max 4 additional)• Freestanding mast• Function venue• Helipad• Occasional use (<1x)• Renewable energy generation• Rooftop base station• Service depot• Visitors' accommodation threshold• Visitors facilities > threshold• Wellness centre |
151. Site development plan for agricultural enterprise
152. Dwelling house, second dwelling house, additional dwellings, employee housing
153. Additional uses and consent uses
154. Agricultural buildings
155. Agricultural processing
156. Abattoirs
157. Visitors' facilities, plant nursery, and visitors' accommodation
158. Place of instruction
159. Crop covers
160. Occasional use
161. Building development parameters in this zone
| Street building lines | Common boundary building lines | Maximum height | Maximum floor area | |
|---|---|---|---|---|
| Agricultural building | 5m | 3m | 12m | 2000m² |
| Dwelling house & second dwelling | 5m | 3m | 8m | 500m² each |
| Employee housing | 5m | 5m | 8m | 120m² |
| All other structures | 5m | 3m | 8m | |
| Crop covers | 25m | 5m | ||
| Land and structures used for the keeping of animals | 5m | 30m | 5m | |
| Abutting another zone | 5m | 30m | As above |
162. Site development plan
163. Boundary walls and fences
164. General parameters and parking
165. Development charges in this zone
Chapter 14
Natural environment zone
The purpose of this zone is to make provision for:• the protection of the natural environment, whether the land has been proclaimed for conservation purposes in terms of the relevant legislation, or not;• the controlled utilisation ofsuch areas for recreation purposes.166. Zone name and designation
167. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | •Conservation• Open space | • Special use | • Abattoir• Adult services• Business• Container depot• Freight transport facility• Fuel retail• Hotel• Hostel• Industry• Light industry• Liquor outlet• Mortuary• Noxious industry• Risk industry• Sectional title• Tavern• Vehicle services• Vehicles sales• Warehouse | ||
| Additional | • Green infrastructure• Occasional use (x1) | • Monument• Museum | • Dwelling house• Employee housing• Freestanding mast• Helipad• Occasional use (>1x)• Place of assembly• Rooftop base station• Utility services• Visitors' accommodation• Visitors' facilities |
168. Employee housing in this zone
169. Visitors' facilities in this zone
170. Occasional use
171. Building development parameters in this zone
| Street building lines | Common boundary building lines | Maximum coverage and floor area | Maximum height |
|---|---|---|---|
| 5m | 5m | 500m² or as restricted in SDP | 5m |
172. Site development plan
173. Boundary walls and fences
174. General parameters and parking
175. Development charges in this zone
Chapter 15
Limited use zone
The purpose of this zone is to make provision for the following:• properties previously zoned 'undetermined' or other abolished zones in previous schemes which cannot be appropriately converted to a new use zone;• existing lawful land uses in such zones to continue, but no new land uses shall be permitted, and properties must be rezoned to the appropriate use zone in order to permit new land uses;• progressively phasing out the zone;• no new rezoning to Limited Use Zone shall be permitted.176. Zone name and designation
177. Land use in this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | • Limited to existing lawful uses at commencement date | None | None | None | • New development without rezoning• Sectional title |
178. Occasional use
179. Boundary walls and fences
180. Destruction of existing building
181. General parameters including parking
Chapter 16
Subdivisional area zone
The purpose of this zone is to make provision for the following:• the designation of land for future subdivision with development rights by providing development directives through specific conditions as approved in terms of the Planning Law.• confirmation of the principle of development and acceptance offuture subdivision of land; but not the detailed layout, which will be determined when an actual application for subdivision is approved.182. Zone name and designation
183. Land use in this zone
184. Development parameters
Chapter 17
Provisions in respect of overlay zones
185. Requirements for preparing an overlay zoning
186. Identification and numbering
187. Status of overlay zoning
188. Development rules in overlay zones
189. Process to designate a new overlay area for an existing overlay zone
190. Process to create a new overlay zone
Chapter 18
Local economic development overlay zone
The purpose of a Local Economic Development Overlay zone is to designate certain areas (as identified in the Spatial Development Framework) where additional businesses should be permitted from home in order to promote a greater economic flexibility and diversity of formal and informal business uses, to particularly address the needs of poor and vulnerable communities.191. Zone name and Designation
192. Areas designated as Local Economic Overlay zone areas
193. Land use in this overlay zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
|---|---|---|---|---|---|
| Primary | As in base zone | As in base zone | As in base zone | As in base zone, plus:•Apartment building• Business• Community residential building | As in base zone, removing Liquor outlet and tavern from prohibited list. |
| Additional | As in base zone | As in base zone | As in base zone, plus:• House shop | As in base zone, plus:• Liquor outlet• Tavern |
194. House shops
195. Taverns as a consent use
196. Designated Local Economic Development areas
| Column 1 | Column 2 |
| Area Name | Plan number |
| Paarl East (1) | LEDO-01 |
| Paarl East (2) | LEDO-02 |
| Wellington | LEDO-03 |
| Mbekweni | LEDO-04 |
| Van Wyksvlei | LEDO-05 |
| Hermon | LEDO-06 |
| Gouda | LEDO-07 |
| Saron | LEDO-08 |
197. General parameters including parking
Chapter 19
Incremental housing overlay zone
The purpose of this zone is to make provision for:• the use of land for informal housing until such time as the built structures are formalised;• settlement ofpeople in an informal manner for emergency purposes;• incremental upgrading ofinformal settlements;• where conditions so dictate, to accommodate persons residing in areas where financial constraints require less stringent land use management and building development management provisions;• increased economic and social opportunities;• the exemption by the competent authority from the National Building Regulations.198. Zone name and designation
199. Areas designated as incremental housing areas and rezoning
200. Land use within this zone
| Permitted | Technical approval | Neighbours' permission | Consent | Prohibited | |
| Primary | • Additional shelter• Dwelling house• Incremental house base structure• Informal trading• Private road• Public road• Shelter• Utility services | None | None | • Apartment buildings• Business• Community care facility• Community residential• Liquor outlet• Place of assembly• Place of instruction• Tavern | None |
|---|---|---|---|---|---|
| Additional | • In structure where operator resides:o Businesso Community residentialo House shopo Lodging accommodationo Place of assemblyo Place of instructiono Visitors' accommodation | None | None | None | None |