Zoning Scheme

Jurisdiction
South Africa · Hessequa
Date
15 November 2018
Language
English
Type
Legislation
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Hessequa
South Africa

Zoning Scheme By-law, 2018

To regulate and control municipal zoning.

Chapter 1
Interpretation

1. Definitions

In 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 orAgricultural industry 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 which contains a floor and roof or ceiling; and(b)does not contain floors that penetrate into the void;“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” see definition of pub;“base zone” means that zone which 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 of which the ceiling at any given point does not protrude more than one metre above natural ground level and may not be used for habitable space;“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, and other structures including entrance gates and doors, security devices, such as spikes, barbed wire, razor wire or electric fences, affixed to or on top of a boundary wall;“braai room” means a room which is part of the main dwelling or outbuildings and 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 structure;(c)a wall or railing enclosing any feature referred to in paragraph(b); and(d)any other portion of a building /structure;“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;“Cape Nature” 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 which has been equipped or converted for living and sleeping purposes and which can be readily moved;“carport” means a structure for the storage of one or more vehicles that is covered by a roof/shade cloth, 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 total area of a land unit that is covered by buildings, expressed as a percentage of the total erf area of the land unit, and includes—(a)walls and buildings;(b)solid roofs;(c)stairs, steps, landings, except entrance landings and steps, galleries, passages and similar features, whether internal or external ; and(d)canopies, verandahs, porches, balconies, terraces and similar features provided that the following portions of buildings must be disregarded in the calculation of coverage, namely—(i)stoeps less than 1,5m above natural ground level, entrance steps and landings;(ii)cornices, chimney breasts, pergolas, flower boxes, water pipes, drain pipes and minor decorative features not projecting more than 500 millimetres from the wall of the building;(iii)eaves not projecting more than 1,0 metres from the wall of the building; and(iv)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 usess, consent uses or other lawful uses permitted on the property;“dwelling unit” means a self-contained, inter-leading group of rooms with a uniform architectural style approved by the Municipality used for living accommodation and housing of one family, together with such outbuildings as are ordinarily used with such a dwelling unit —(a)with not more than one kitchen;(b)provided that a maximum of two rooms which are not inter-leading with the dwelling unit and do not include a kitchen, are permissible; and(c)does not include 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;“electronic or mechanical playing devices” means any electronic or mechanical or similar devices which are designed or used for the purpose of playing any game or for recreational or amusement purposes or where the operator or player may be entitled to a limited pay out as determined by law and the operation involves the payment of consideration by insertion of a coin, token coin, disc or another manner of payment but does not include gambling machines;“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;“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;“family” means—(a)one or more individuals occupying a dwelling who are related through marriage or common law, blood relationship, legal adoption, or legal guardianship and no more than 3 unrelated people; or(b)a group of not more than 5 unrelated persons, including domestic workers or boarders;“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 total floor space of a building or buildings permissible on a land unit; being the total floor space as a proportion of the total erf area;“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 area, including a basement, which is reserved solely for parking or loading of vehicles is excluded;(b)external entrance steps and landings, a canopy, a stoep and an area required for external fire escapes are excluded;(c)a projection, including a projection of eaves, and a projection which acts as a sunscreen or an architectural feature, which projection does not exceed metre beyond the exterior wall or similar support, is excluded;(d)any uncovered internal courtyard, light well or other uncovered shaft which has an area in excess of 10 m² is excluded;(e)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;(f)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;(g)subject to paragraph (h) any stairs, stairwells and atriums that are covered by a roof are included;(h)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 public toilets, internal walkways, lift shafts, service ducts, interior parking and loading bays;“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;“gross density” means a measure of the number of dwelling units in a specified area, and is calculated as follows;“group housing site” means one or more land units on which a group housing scheme or retirement resort may be erected;“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, satellite dishes, ventilation shafts, water tanks, air conditioning plant and equipment on top of a building are included when determining the height of a structure; and(c)the general provisions regarding these aspects in this By-law also apply;“inter-leading” means the interconnection of rooms; specifically (through a door), that leads into another and can be open on one side, as for instance on a stoep/verandah, applicable to one building.“kitchen” means a room or part of a room equipped for preparing and cooking meals and excludes a braai room and food and drink preparation area or bar facilities in an entertainment area;“kitchenette / utility kitchen” means a room or part of a room not larger than 7.5m², equipped for preparing and cooking meals, with a small refrigerator, prep bowl, microwave, hotplate and kettle and excludes a braai room and food and drink preparation area or bar facilities in an entertainment area;“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’ accommodation, bed accommodation that is made available on payment of a charge or fee, and includes the services ordinarily related to such accommodation;“loft” means any room in the roof space above ground level of which outer walls supporting the roof are not higher than 1.2 m, measured from floor level of the loft;“maximum floor space” means the 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 which 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; or(c)peat;“motor vehicle” means a wheeled vehicle designed or used for propulsion by means of an internal combustion or electrical engine, and includes a motor cycle, trailer or caravan, but excludes a vehicle moving exclusively on rails;“Municipality” means the Municipality of Hessequa established in terms of section 12 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 39;“non-conforming use” means an existing land use that was lawful in terms of previous zoning scheme regulations but that does not comply with this zoning scheme;“occupant” means any person who occupies 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, which is normally ancillary and subservient to the main building on a land unit, and includes a building which is 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 which takes place out of doors;“overlay zone” means a category of zoning applicable to a particular area or land unit 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;“package of plans” means the hierarchy of plans specified in terms of this zoning scheme;“parapet” means a low projection, wall or moulding which finishes the uppermost edge of a building with a flat or low pitched roof;“parking bay” means an area clearly identified and demarcated for the parking of one motor vehicle and may be provided in the form of a garage or carport, and 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, such that the area in the horizontal projection of its solid portions does not exceed 25% of the total area thereof;“Planning By-law” means the Land Use Planning By-law adopted by the Municipality on 01 July 2018;“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 the building, and includes any paved area underneath such a roof, and any low walls or railings enclosing that paved area, and any pillars supporting such a 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 to set down passengers;“precinct plan” means a plan, approved by the Municipality, as envisaged in this zoning scheme as a component of a package of plans;“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 uses” in relation to property means any land use specified in this zoning scheme as a primary uses, 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;“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 and does not include a night club;“public nuisance” means any act, omission or condition which, in Council’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 and 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;“refuse room” means a defined screened refuse receptacle from where refuse is collected from time to time, usually on a weekly basis;“registered land surveyor” means a professional land surveyor or professional surveyor, registered as such in terms of the Professional and Technical Surveyors’ Act, 1984 (Act 40 of 1984);“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 or may not be defined by cadastral boundaries;“satellite dish antenna” means apparatus fixed to a structure or mounted permanently on the ground, that is capable of receiving or transmitting communications from a satellite;“scenic drive” means a public street which is 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;“self-catering unit” means accommodation leased on a short term basis, where the tenant or visitor may prepares his own food;“service yard” means a defined screened area providing utility services for, amongst others, general residential developments which include facilities such as washing lines;“shade cloth” means material in the form of polyurethane or canvas that protects against the harmful uv radiation from the sun;“shipping or transport container” means a large, weatherproof container used for the transport of goods by sea, rail or road, 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 or object, structure or device which is in itself an advertisement or which is used to display an advertisement;“site development plan” means a dimensioned plan drawn to scale that indicates details of the proposed land development, including the site layout, positioning of buildings and structures, property access, building designs and landscaping;“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;“storey” means that portion of a building between the surface of any floor and the surface of the next floor above; or, if there is no floor above the ceiling, then up to the ceiling; provided that, unless the contrary appears clearly from the provisions of this By-law—(a)a basement does not constitute a storey;(b)a roof, or dome which forms part of a roof, does not constitute a separate storey unless the space within the roof or dome is designed for, or used for, human occupation or other living or entertainment purposes, in which case it is deemed to be a storey;(c)the utilisation of an open roof area does not constitute a separate storey; however, should any means of coverage or fixtures such as a Jacuzzi, swimming pool or built-in braai be added to the roof of a building in a single residential zone, such area is regarded as an additional storey;(d)any storey which is greater than 4 metres, measured from the finished floor level to the finished floor level of the storey above, or to the ceiling in the case of a top storey, but equal to or less than 6,5 metres in height is, for the purpose of the height measurement, regarded as two storeys, and every additional 4 metres in height or portion thereof, is regarded as an additional storey; and(e)in counting the number of storeys of a building, the ground floor is the first storey and the next floor above is the second storey;“storm water” means water resulting from natural processes, the precipitation or accumulation of such 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 bar;“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 a 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 which 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 such a 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;“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;“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.

Chapter 2
Zoning Scheme, Use Zones and Uses

2. Application, commencement and jurisdiction of zoning scheme

In terms of Section 33(4) of the Land Use Planning Act, all existing town planning and zoning schemes listed in Schedule 6 along with any related amendments shall lapse on the date of commencement of this zoning scheme. The zoning scheme applies to the entire municipal area.

3. Purpose of this zoning scheme

The purpose of the zoning scheme is to—
(1)give effect to the municipal spatial development framework;
(2)make provision for orderly development and the welfare of the community; and
(3)determine use rights and development parameters, with due consideration of the principles referred to in the Land Use Planning Act.

4. Components of zoning scheme

The zoning scheme consists of the following components:
(1)this By-law;
(2)the zoning scheme map; and
(3)the register.

5. Use zones

(1)The municipal area is divided in the use zones referred to in column 1 of the table set out in Schedule 1.
(2)The purpose of each use zone is set out in column 1 of the table set out in Schedule 1.
(3)The description of the primary and consent uses applicable to each use zone is set out in Schedule 2.
(4)The location, boundaries and extent of each use zone is depicted on the zoning scheme map.
(5)The primary and consent uses applicable to each use zone are subject to the development parameters specified for that land use as set out in Schedule 2.

6. Zoning scheme map

(1)The zoning scheme map depicts—
(a)the zoning of land in accordance with the use zone in which the land is located; and
(b)overlay zones, if applicable to the land.
(2)The official version of the zoning scheme map must be kept on file at the Municipality and is available for inspection during normal office hours.
(3)The official version of the zoning scheme map as approved together with this By-law must be certified by the Municipal Manager.
(4)The official version of the zoning scheme map is the final authority as to the status of the current zoning classification of land in the Municipality and may only be amended as provided for in this By-law and the Planning By-law.
(5)The official version of the zoning scheme map is incorporated in and made part of this By-law and publication of this By-law in the Provincial Gazette constitutes notice of the approval of the zoning scheme map.
(6)The Municipality must update the zoning scheme map within a reasonable time after use rights have been granted or have lapsed.
(7)The Municipality may keep the zoning scheme map in an electronic format.
(8)The Municipality may provide an extract of the zoning map to members of the public on payment of a fee determined by the Municipality in terms of the Municipality’s tariff policy.

7. Transition to new use zones and savings

(1)Upon the date of commencement of this By-law, land that is zoned in terms of the previous zoning schemes is translated or reclassified to one of the use zones referred to in section 5.
(2)The Zoning Transition Table, in Schedule 4 summarises the translation or reclassification of the use zones used in the previous zoning regulations to the use zones used in this By-law.
(3)Despite the translation or reclassification of the use zones used in the previous zoning scheme to the use zones used in this By-law—
(a)any condition of approval or validity period that is applicable to a land unit in terms of the previous zoning scheme immediately before the coming into effect of this By-law, remains applicable and insofar as it determines development parameters that are different from the development parameters applicable in terms of this By-law, it is not to be considered an offence but a lawful non-conforming use;
(b)the Municipality must record any condition of approval referred to in paragraph (a) in the register together with any applicable validity period applicable to the zoning in terms of the previous zoning regulations;
(c)a zoning approved in terms of the previous zoning scheme that has been exercised within its validity period, cannot lapse, and is translated or reclassified as determined in this By-law;
(d)a zoning approved in terms of the previous zoning scheme that has not been exercised, lapses after the expiry of the validity period applicable to that zoning in terms of the previous zoning scheme;
(e)in the event of the lapsing of a zoning as contemplated in paragraph (d), the land unit reverts back to the use zone applicable to it in terms of the previous zoning scheme, before it was rezoned and is translated or reclassified as determined in Shedule 4.
(f)A building plan application that was formally submitted and accepted –
(i)immediately before the coming into effect of this By-law and which is still being processed; or
(ii)on or after the date of coming into effect of this By-law with the purpose to act on an approval in terms of a previous planning law, must be assessed in accordance with that approval, provided that such building plan application is submitted within 30 months after commencement of this zoning scheme, or within the validity period of said application, whichever is the later date.

8. Rectification of errors on zoning scheme map

(1)If the zoning of a land unit is incorrectly indicated on the zoning map, the owner of an affected land unit may submit an application to the Municipality to correct the error.
(2)An owner contemplated in subsection (1) must apply to the Municipality in the form determined by the Municipality and must—
(a)submit written proof of the lawful land use rights; and
(b)indicate the suitable zoning which should be allocated.
(3)The onus of proving that the zoning is incorrectly indicated on the zoning scheme map is on the owner.
(4)The owner is exempted from paying application.
(5)If the zoning of a land unit is incorrectly indicated on the zoning map, the Municipality must amend the zoning map.
(6)If the correct zoning of a land unit cannot be ascertained from the information submitted to the Municipality or the records of the Municipality, a zoning determination in terms of the Bylaw on Municipal Land Use Planning should be processed and the outcome of such zoning determination must be recorded on the zoning scheme map.

9. Zoning scheme register

The Municipality—
(1)must record all departures, consent uses or other permissions granted and non-conforming uses in the register;
(2)may keep the register from the date of commencement of the zoning scheme in an electronic format; and
(3)must make the register available to members of the public for viewing.

10. Primary uses

Primary 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. Consent uses

Consent uses of land permitted in each use zone, with the Municipality’s prior consent in terms of its Planning By-law, is listed in the corresponding part of column 3 of the table set out in Schedule 1.

12. Temporary departures for specific occasions

(1)The Municipality must record the relevant information relating to a temporary departure for occasional uses applicable to a land unit in the register.
(2)Approval of a use right as a temporary departure for an occasional use in terms of the Planning By-law must at least be subject to the development parameters applicable to the use right as stipulated in this By-law.

13. Non-conforming uses

(1)A non-conforming use does not constitute an offence in terms of this By-law.
(2)A non-conforming use may continue as long as it remains otherwise lawful.
(3)No additions or extensions to a non-conforming use are permitted.

14. Deemed zoning of closed public places

The 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:
(1)if the land is transferred to an abutting land owner, that portion of the land falls in the same zone as that of the abutting land belonging to the abutting owner; or
(2)the Municipality must determine which zoning applies to the land if—
(a)the land is transferred to an abutting land owner and that owner owns abutting properties falling into more than one zone; or
(b)in any other case not provided for in this section.

Chapter 3
Overlay Zones

15. Purpose of overlay zones

(1)The Municipality may adopt, review or amend overlay zones for specific areas in the Municipality in accordance with section 16 to—
(a)give expression, in a planning context, to the local needs and values of the communities concerned; and
(b)promote particular types of development, urban form, landscape character, environmental features or heritage values.
(2)The Municipality must determine development parameters for each area of an overlay zone.

16. Procedures for establishing, reviewing or amending overlay zones

An 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.

Chapter 4
Distances, Levels and Boundaries

17. Measuring distances and levels

The following provisions apply with regard to the method of measuring distances and levels:
(1)when 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:
(a)the boundary or boundaries and all points of the building must be projected onto a horizontal plane, and all measures must be made in the plane; and
(b)the distance between a point on a building and a boundary must be measured at right angles to the erf boundary;
(2)when reference is made to a portion of a boundary opposite a building, that portion must be defined by drawing lines in a manner described in paragraph (a) from points on the building, at right angles to the boundary;
(3)when reference is made to natural ground level or of a roof wall plate, parapet or other features, the level must be calculated in accordance with recognised geometric principles; or
(4)when the levels involved are so irregular that calculation in accordance with the principles in paragraphs (1) to (3) is impractical or leads to a result which is not in accordance with the intent of the zoning scheme, the Municipality must determine the level.

18. Determining boundaries of use zones

If uncertainty exists as to the boundaries of use zones, the following parameters apply in the order listed:
(1)boundaries shown as following or approximately following any public street or road must be construed as following the street cadastral boundary;
(2)boundaries shown as following or approximately following any land unit boundary must be construed as following that boundary;
(3)boundaries shown as following or approximately following natural features must be construed as following those features; and
(4)in the event of further uncertainty as to the boundaries of a use zone, the Municipality must make a determination.

Chapter 5
Enforcement

19. Offences, penalties and enforcement of by-law

(1)Subject to this section, no person may erect any building or structure or any part thereof—
(a)except for a purpose permitted by this By-law and only in accordance with the applicable development parameters; or
(b)without first obtaining approval from the Municipality in terms of the Planning By-law.
(2)A use not reflected as a primary or consent use for a particular use zone is not permitted in the use zone concerned, unless approved in terms of the Planning By-law.
(3)A person who contravenes this section and sections 21 to 51 is guilty of an offence and liable upon conviction to a fine or imprisonment not exceeding a period of 20 years or to both a fine and such imprisonment.
(4)A Municipality must enforce the zoning scheme through the measures for enforcement provided for in the Planning By-law.

Chapter 6
Development of Land

20. Development parameters applicable to use rights

(1)The land use descriptions and development parameters applicable to each primary and consent use right depicted in the table in Schedule 1 are described in Schedule 2.
(2)Development parameters are applicable to use rights only and, notwithstanding the zoning of an erf, a specific use right will always have the same development parameters as listed in Schedule 2, provided that the Municipality may grant a departure from the development parameters in terms of the Planning By-law.
(3)Consent uses, as listed in Column 3 of Schedule 1, shall be subject to the following conditions:
(a)when a consent use is granted in a particular zone, the applicable land use must be supplementary to the primary uses right allowed under the particular zone; and
(b)when it is intended to utilise land exclusively for a consent use in a particular zone and the land use is a primary right in another zone, application must be made for rezoning to the zone where the applicable land use is a primary right;
(c)notwithstanding the provisions of subsections 3 (a) and (b) above, where there is no zoning where the proposed use can be operated as a primary uses right, such consent use shall be considered to be the primary right,
(4)No departure from the land use descriptions or definitions may be granted by the Municipality.
(5)Despite subsections (1) and (2), the Municipality may determine any additional condition of approval in respect of a use right for a specific property as may be required in terms of any other applicable legislation.

Chapter 7
General Provisions

21. Building lines and encroachment thereof

(1)Notwithstanding the building line requirements set out in Chapter 6, the following structures or portions of structures may be erected within the prescribed building lines, provided they do not extend beyond the boundaries of a land unit:
(a)boundary walls, screen walls, fences and gates; not exceeding 1.8 metres (1800 mm) in height above the natural ground level, excluding where any such wall will result in infilling higher than 0,5 metres above natural ground level;
(b)open and uncovered stoeps that are less than 0.5 metre (500 mm) in height from the natural level of the ground;
(c)entrance steps, landings and entrance porches, excluding not exceeding 0.5 metres in height;
(d)a covered entrance or gatehouse that has a roofed area not exceeding 5 m² and a roof height not exceeding 3 metres (3000 mm) from the floor to the highest point;
(e)eaves and awnings projecting no more than 1 metre from the wall of a building;
(f)cornices, chimney breasts, flower boxes, water pipes, drain pipes and minor decorative features not projecting more than 0.5 metre (500 mm) from the wall of a building;
(g)swimming pools not closer than 1 metre (1000 mm) from any boundary;
(h)a basement, provided that no part of such a basement projects above natural ground level;
(i)a refuse room required by the Municipality in terms of this By-law;
(j)and one water storage tank not exceeding 5000 Litres, provided there is a boundary wall of 1.8 metres in height screening the water storage tank;
(k)boma not exceeding 1m in height;
(l)bay windows not exceeding 0.5 metres (500 mm) over building lines.
(2)For the purposes of determining street boundaries a street centreline setback and site access requirements the boundary of a pedestrian way or service lane that cannot or will never be used by motor vehicles may be regarded as a common boundary.
(3)In addition to the above, the following parameters will be applicable to the following area:Riversdale:Additional provision is made for 0 metres building lines for existing buildings in thecentral area of Riversdale demarcated as follows:In the north the area begins at the junction of Church- and Lourens Streets on thenorth-eastern corner of Erf 2745. From there northwards along the western boundariesof Erven 2746 and 2724. At the most northern point of Erf 2724 the area turns in aneasterly direction along the northern boundaries of Erven 2724 and 2979, the northern,eastern, southern and again eastern boundary of Erf 2984, towards the northern end ofLang Street. From there the area is enclosed by Lang-, Orr-, Barry-, Solomon-,President C.R. Swart-, Heidelberg Street, Main Road Nr. 1, the south-westernboundaries of Erven 2480, 2479, 2481, 2482, 3480 and 4395 across Heidelberg Streetonto Roux Street. From there it follows Warden-, President C.R. Swart- and LouwrensStreets towards the beginning. Also included in this area are Erven 3083 and 3085, east of Lang Street.

22. Street centreline setback

(1)The portion of a land unit falling within a street centreline setback area is excluded for the purpose of determining coverage and total floor space, unless the owner transfers the portion concerned to the Municipality free of charge.
(2)In such case, the portion must be included for the purpose of determining coverage or maximum floor space on a land unit.

23. Site development plans

(1)In addition to the zones that specifically require a site development plan, the Municipality may require a site development plan in respect of the following development types:
(a)shopping centres and shopping complexes;
(b)business and office park developments;
(c)industrial park developments;
(d)developments in conservation areas;
(e)developments that will be sectionalised;
(f)incremental residential developments; and
(g)major developments where there are concerns relating to urban form, heritage, traffic, the environment or planning;
(h)agricultural zoned land.
(2)The Municipality may require some or all of the following information for a site development plan—
(a)existing bio-physical characteristics of the property;
(b)existing and proposed cadastral boundaries;
(c)the layout of the property, indicating the use of different portions of the property;
(d)the massing, position, use and extent of buildings;
(e)sketch plans and elevations of proposed structures, including information about their external appearance;
(f)cross-sections of the site and buildings on site;
(g)the alignment and general specification of vehicle access, roads, parking areas, loading areas, pedestrian flow and footpaths;
(h)any measures of access control to and reservation of parking spaces / areas;
(i)the position and extent of private, public and communal space;
(j)typical details of fencing or walls around the perimeter of the land unit and within the property;
(k)electricity supply and external lighting proposals;
(l)provisions for the supply of water, management of storm water, and disposal of sewage and refuse;
(m)external signage details;
(n)general landscaping proposals, including vegetation to be preserved, removed or to be planted, external paving, and measures for stabilising outdoor areas where applicable;
(o)the phasing of a development;
(p)the proposed development in relation to existing and finished ground levels, including excavation, cut and fill;
(q)statistical information about the extent of the proposed development, with reference to development parameters, such as, floor area allocations and parking supply;
(r)relationship of the proposed development to the quality, safety and amenity of the surrounding public environment;
(s)relationship of the proposed development to adjacent sites, especially with respect to access, overshadowing and scale;
(t)illustrations in a three-dimensional form depicting visual impacts of the proposed development on the site and/or street scape in relation to surrounding buildings; and
(u)any other details/information as may reasonably be required by the Municipality.
(3)The Municipality may require that the area covered by a site development plan must extend beyond the site under consideration if, in its opinion, the proposed development will have a wide impact.
(4)The Municipality may determine the extent of the area covered by a site development plan.
(5)An applicant must submit a site development plan to the Municipality if it is required in terms of this zoning scheme before any development on the relevant land unit may commence.
(6)The Municipality may require amendments of detail to the site development plan to address reasonable concerns relating to access, parking, architectural form, urban form, landscaping, environmental management, engineering services or similar concerns.
(7)The following provisions apply with regard to site development plans:
(a)the property must be developed generally in accordance with an approved site development plan;
(b)if the Municipality considers it necessary, a transport or traffic impact statement or assessment may be required in conjunction with a site development plan, the extent of which must be determined by the Municipality, depending on the size of the development;
(c)if the Municipality considers it necessary, a storm water impact assessment or storm water management plan or both may be required in conjunction with a site development plan, the extent of which must be determined by the Municipality, depending on the size of the development;
(d)if the Municipality considers it necessary, a visual and/or physical impact assessment, which may include a landscape character analysis, may be required in conjunction with a site development plan, the extent of which must be determined by the Municipality, depending on the size of the development; and
(e)an approved site development plan must be considered as setting additional development parameters applicable to the base zone, and any application for amendment must comply with the Municipality’s requirements for the amendments.

24. Hazardous substances

(1)Any use or ancillary activity that involves the storage or keeping of hazardous substances that may result in an installation being declared a major hazardous installation in terms of occupational health and safety law is not permitted, unless the owner has submitted a risk management and prevention plan and the Municipality has given its approval to the plan.
(2)The Municipality’s approval in terms of subsection (1) above does not exempt the owner from applying for permission in terms of other relevant legislation.

25. Screening

The Municipality may require screening in accordance with the following provisions:
(1)any part of a land unit which is used for the storage or loading of goods must be enclosed with a suitable wall or landscape screening or both; and
(2)any external utility service or equipment which 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 terms of materials, colour, shape and size;
(3)in order to protect the privacy of abutting properties.

26. Earth banks and retaining structures

Unless the prior approval of the Municipality has been obtained—
(1)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 1 metre 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;
(2)no earth bank or retaining structure used for holding back earth or loose rock, whether associated with a building or not, may be constructed to a height of more than 2 metres above natural ground level; and
(3)no series of earth banks or retaining structures may be constructed to a cumulative height of more than 2,5 metres above natural ground level, unless an approximately level area of at least 2 metres wide is incorporated between successive embankments or retaining structures for every 2 metres of cumulative height.

27. Boundary walls

In the absence of an approved site development plan, architectural guidelines or relevant policy the following development parameters apply to boundary walls:
(1)HeightThe maximum height in all cases is 1.8m above ground level, but can be higher, with the consent from the neighbour/s as identified and approved by the municipality
(2)Permeability
(a)conditions pertaining to permeability of street boundary walls must be contained in the approval of all new land development applications;
(b)60% of the street boundary wall on the perimeter of an estate housing, group housing and town housing development must be permeable, provided that those parts of the property that must be screened in terms of section 25 of this By-law are excluded; and
(c)60% of a street boundary wall of non-residential properties and properties bordering onto business and tourism corridors must be permeable, provided that those parts of the property that must be screened in terms of section 25 of this By-law are excluded.

28. Maintenance of property

Property must be properly maintained by the owner or occupier and may not—
(1)be left in a neglected or offensive state, as may be determined by the Municipality;
(2)contain an unsightly accumulation of papers, cartons, garden refuse, rubble or other waste material, as may be determined by the Municipality;
(3)contain an accumulation of motor wrecks or un-roadworthy vehicles or used motor parts, unless these are part of a primary or consent use in terms of this zoning scheme;
(4)contain outdoor storage of building material, appliances or similar items unless these—
(a)form part of a primary or consent use in terms of this zoning scheme;
(b)are temporarily being stored for the purpose of construction in accordance with a valid building plan approval; or
(c)are being stored in conjunction with the holding of a yard or garage sale with a duration of not more than two consecutive days; and
(5)excludes properties that is over-grown by vegetation.

29. Parking of vehicles in residential zones

A 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—
(1)there is adequate space on the property concerned;
(2)no more than two commercial vehicle per dwelling unit may be parked on the property; and
(3)the gross weight of any such commercial vehicle may not exceed 3 500 kg.

30. Mobile homes and caravans

(1)A recreation vehicle, including a mobile home, camp trailer or caravan, may not be used for permanent habitation without the approval of the Municipality, unless the zoning lawfully allows such activity.
(2)The following additional development parameters apply with regard to mobile homes approved to be placed on a land unit zoned for residential purposes:
(a)the mobile home or caravan must be sited on a foundation slab and properly anchored;
(b)solid perimeter skirting, of material and colour complementary to the mobile home or caravan, must be provided from the bottom of the mobile home to the ground surface;
(c)the roof and exterior siding of the mobile home or caravan must be of a non-reflective material; and
(d)any structural additions must be of materials which, in the opinion of the Municipality, are compatible with the mobile home or caravan.

31. Rooftop base telecommunication stations and satellite dish antenna systems

(1)A rooftop base telecommunication station may not extend more than 3 metres in height above the building that it is attached to without the prior approval of the Municipality.
(2)No rooftop base telecommunication station or transmission tower granted as a consent use in terms of this By-law may be modified or have its radio-frequency emissions altered without prior written approval from the Municipality.
(3)The following provisions apply with regard to decommissioned antennae or rooftop base telecommunication stations:
(a)the owner or operator must remove all decommissioned infrastructure;
(b)if the site has been disturbed, the owner or operator must rehabilitate the site to its original state or to a state acceptable to the Municipality; and
(c)if the owner or operator fails to comply with paragraphs (a) or (b), the Municipality may remove that infrastructure, and rehabilitate the site at the expense of the owner or operator.
(4)Any satellite dish antenna with a diameter in excess of 1,5 metres (1500 mm) must be placed in a position that minimises the visual impact on the surrounding area, to the satisfaction of the Municipality.
(5)Satellite dish antennas of 1,5 metres (1500 mm) in diameter and smaller, and used solely for the purposes of television reception or telecommunication, do not require the Municipality’s approval and are excluded from height restrictions.

32. Geysers and solar panels or similar infrastructure affixed to the roof of a building

Any 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 1,5 metres (1500 mm) above the roof surface, measured perpendicularly from that surface.

33. Equipment on top of building

No elevator motor rooms, satellite dishes, ventilation shafts, water tanks, air conditioning plants or other equipment on top of a flat roofed building may exceed a height of 2 metres (2000 mm) above the wall plate, subject to the definition of “height”.

34. Parapet walls

Parapet walls are restricted to 0.5 metre (500 mm) in height above the finished roof level immediately contiguous to the parapet.

35. Chimneys

Chimneys may not extend higher than 1 metre above the highest point of the roof of a dwelling unit.

36. Telecommunication and electrical transmission lines

Telecommunication and electrical transmission lines may be permitted by the Municipality or an organ of state to traverse a land unit, 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.

37. Electronic or mechanical playing devices

Electronic or mechanical playing devices are permitted in accordance with the applicable legislation and approved municipal policy.

38. Utilisation of outbuildings

No 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.

39. Determination of natural ground level

(1)The Municipality may request the submission of a registered land surveyor’s certificate to determine the natural ground level before any construction activities may commence.
(2)Where the level of the land has been altered with the approval of the municipality
(a)any grading for the purpose of development must connect evenly with the existing levels of abutting land units; and
(b)the municipality may approve the altered ground level to be the natural ground level;
(3)Where it is not possible to determine the natural ground level due to irregularities or disturbances of the land, the Municipality may
(a)determine the natural ground level from measurements supplied on a building plan; or
(b)deem a level to be the natural 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 natural ground level for the purpose of administering this zoning scheme bylaw;
(4)Where land is excavated and the excavated material is used to extend and/or elevate a building site, the natural ground level is not altered unless approved by the Municipality in which case the Municipality shall define a level for the purposes of administering the height restriction of the building.

40. Animals kept for commercial purposes

Animals may be kept for commercial purposes only on a land unit zoned Agricultural Zone I and Agricultural Zone II.

41. Hobbies in single and general residential zones

When exercising a hobby in all single and general residential zones, the dominant use of the dwelling unit or dwelling unit must be for the living accommodation of a single family, provided that—
(1)no portion of the dwelling, may be used for the purposes of a noxious trade, risk activity or sale of alcoholic beverages;
(2)in addition to paragraph (a), the following uses are not classified as hobbies:
(a)activities conforming to the definition of a shop;
(b)animal care centres;
(c)butcheries;
(d)coal and wood merchants;
(e)escort agencies or adult entertainment;
(f)fishmongers;
(g)hospitals or clinics;
(h)house shops;
(i)taverns;
(j)manufacturing of concrete products;
(k)motor vehicle repairs;
(l)panel beating or spray painting;
(m)parcel delivery services;
(n)places of entertainment;
(o)places of instruction
(p)shooting ranges or shooting instructions;
(q)taxi businesses;
(r)tow-in services;
(s)transport contractors;
(t)undertakers;
(u)vehicle rental agencies; or
(v)any other activity which, in the opinion of the Municipality, does not fit in the particular environment or is of such nature that it must be located on a suitably zoned premises;
(3)no goods may publicly be displayed and no external evidence of the hobby may be visible from the street;
(4)no advertising may be displayed;
(5)any public exhibition of hobby items or activities on the residential property must:
(a)be preceded by a written consent from the Municipality; and
(b)during such an event, temporary parking must be provided on the land unit in accordance with the parking requirements of this Bylaw and appropriate traffic regulating measures must be put in place;
(6)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;
(7)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
(8)any new structure, or alteration to the existing dwelling or outbuilding, must conform to the residential character of the area concerned.

Chapter 8
Parking and Loading

42. Off-street parking requirements

(1)If parking requirements are not stipulated for a particular use, or in terms of a specific condition imposed by the Municipality, parking must be provided at a minimum ratio in accordance with the table entitled “Minimum off-street parking requirements”;
(2)the Municipality must determine off-street parking requirements for land uses not stipulated in the table “Minimum off-street parking requirements”;
(3)the column in the table titled “Minimum off-street parking requirements” which is headed “Normal Areas” refers to standard requirements which apply to areas where public transport is not being specifically promoted.
(4)the column with heading “PT1 Areas” refers to areas where the use of public transport is to be promoted, but where the Council considers the provision of public transport to be inadequate.
(5)the column with heading “PT2 Areas” refers to areas where the use of public transport is to be promoted and the Council considers the provision of public transport sufficient enough to justify the reduced parking requirements;
(6)areas initially determined to be PT1 Areas may be changed to PT2 Areas once the Municipality is satisfied that the provision of public transport is adequate;
(7)if an area has not been specifically identified by Council as a PT1 or PT2 area, then the parking requirements for Normal areas shall apply;
(8)off-street parking space must be provided—
(a)on the property for which parking is required;
(b)subject to the Municipality’s approval, in public parking facilities available in the vicinity; or
(c)in accordance with the table below;
(9)areas designated as “PT1” or “PT2” areas shall be identified on the zoning scheme map.Minimum off-street parking requirements
Land Use Normal Areas PT1 Areas PT2 Areas
Dwelling unit / Double dwelling unit 2 bays per dwellingErven <350m²: 1 bay per dwellingErven < 100m²: Nil per dwelling 1 bay per dwelling 1 bay per dwelling
Group housing /Town Housing 2 bays per dwelling unit0.25 bays /unit for visitors 1 bay per dwelling unit0.25 bays/unit for visitors 1 bay per dwelling unit0.25 bays /unit for visitors
Retirement resort Dwelling unit 2 bays per dwelling0.25 bays/unit for visitors 1 bay per dwelling0.25 bays /unit for visitors 1 bay per dwelling0.25 bays /unit for visitors
Home for the aged 0,5 bays per bedroom 0,5 bays per bedroom 0,5 bays per bedroom
Frail Care 0,5 bays per bed 0,5 bays per bed 0,5 bays per bed
Orphanage 0,5 bays per bedroom 0,5 bays per bedroom 0,5 bays per bedroom
Flats 1.25 bays per dwelling0.25 bays /unit for visitors 1.25 bays per dwelling0.25 bays /unit for visitors 0.5 bays per dwelling0.25 bays/unit for visitors
Second dwelling 1 additional bay 1 additional bay Nil
Boarding accommodation / Guest House / Guest Lodge / Bed and Breakfast Establishment 1 bay per bedroom2 bays per owner’s home / manager’s flat1 bay for visitors / employees 1 bay per bedroom 1 bay per bedroom
Backpackers Lodge 1 bay / 3 beds2 bays / owner’s home / manager’s flat1 bay / visitors / employees 1 bay per 3 beds 1 bay per 3 beds
Hotel (excluding other facilities, specific ratios apply to each use) 1.25 bays / bedroom 1 bay per bedroom 0.75 bays per bedroom
Hospital (general and private) 1 bay per bed4 bays per consulting room 1 bay per bed4 bays per consulting room 1 bay per bed3 bays / consulting room
Frail care facility 1 bay per bed 1 bay per bed 1 bay per bed
Clinic / Medical consulting rooms 4 bays per consulting room 4 bays per consulting room 3 bays per consulting room
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) 1 bay / 2 beds or part thereof (e.g. 2 bays per 3 beds)
Funeral parlour 1 bay per 4 seats4 bays per 100 m² office GLA 1 bay per 4 seats2 bays / 100 m² office GLA 1 bay per 4 seats1 bay / 100 m² office GLA
Shops / Liquor store / Restaurant / Supermarket Neighbourhood shop 4 bays per 100 m² GLA 3 bays per 100 m² GLA 2 bay per 100 m² GLA
High intensity area e.g. CBD, corridors, supermarket, 6 bays per 100 m² GLA 4 bays per 100 m² GLA 3 bays per 100 m² GLA
Big box retail / Shopping centres 6/100m² as determined by Council As determined by Council As determined by Council
Offices 4 bays per 100 m² GLA 3 bays per 100 m² GLA 2 bay per 100 m² GLA
Home occupation 2 bays per 60 m² GLA 2 bays per 60 m² GLA 2 bays per 60 m² GLA
House shop / tavern / bar 1 bay per 25 m² GLA 1 bay per 25 m² GLA 1 bay per 25 m² GLA
Industry / Light industry / Warehouse / Scrap yard / Builder’s yard / Noxious trade / Risk activity 2 bays per 100 m² GLA 2 bays per 100 m² GLA 1.5 bays per 100 m² GLA
Industrial hive / Service trade 4 bays per 100 m² GLA 3 bays per 100 m² GLA 1.5 bays per 100 m² GLA
Storage facility 1 bay per 100m² GLA 1 bay per 100m² GLA 1 bay per 100m² GLA
Land Use Normal Areas PT1 Areas PT2 Areas
Service station / Motor repair garage / Motor vehicle sales or Vehicle hire premises 4 per repair bayMinimum of 8 baysPlus 4 bays per 100 m² GLA 4 per repair bayMinimum of 8 baysPlus 4 bays per 100 m² GLA 4 per repair bayMinimum of 8 baysPlus 4 bays per 100 m² GLA
Open air motor vehicle sales 4 bays per 100 m² GLA 3 bays per 100 m² GLA 2 bay per 100 m² GLA
Place of assembly / Place of worship / Place of Entertainment / Place of leisure / Gambling place 1 bay per 8 seats 1 bay per 8 seats 1 bay per 15 seats
Motor fitment centre 2 bays per service bay 2 bays per service bay 2 bays per service bay
Sport stadium 1 bay per 4 seats or persons 1 bay per 4 seats or persons 1 bay per 4 seats or persons
Gymnasium, health club (not part of a shopping centre) 10 bays per 100m² GLA 10 bays per 100m² GLA 10 bays per 100m² GLA
Schools 1.5 bay per classroom /office plus stop & drop facility 1.5 bays per classroom / office plus stop & drop facility 1.5 bays per classroom / office plus stop & drop facility
Creche (includes day care centre) 1 bay per 10 children plus 1 stop & drop facility 1 bay per 10 children plus 1 stop & drop facility 1 bay per 10 children plus 1 stop & drop facility
Library, Museum 2 bays per 100m² GLA 1,5 bays per 100m² GLA 1,5 bays per 100m² GLA
Place of instruction (other than schools / day care centre / crèche) 1.5 bay per classroom / officeplus 1 per 6 students 1.5 bay / classroom / office1 per 10 students 1.5 bay classroom / officeper 20 students
Conference facility 8 bays per 10 seats 6 bays per 10 seats 4 bays per 10 seats

43. Alternative parking supply

(1)As an alternative to compliance with the off-street parking requirements in terms of this zoning scheme, an owner may, with the approval of the Municipality—
(a)acquire an area of land sufficient for the permanent parking requirements elsewhere, in a location approved by the Municipality; or
(b)acquire permanent rights to a parking facility or portion of a parking facility elsewhere, in a location approved by the Municipality, and must register a notarial tie or servitude against that land or parking facility to link the properties concerned for the purpose of parking, and the owner must cause the parking concerned to be constructed and maintained in accordance with the Municipality’s requirements and approval.
(2)The cost of registration of the notarial tie or servitude referred to in paragraph (1)(b) must be borne by the owner.

44. Combined parking requirements

If 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—
(1)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
(2)bays intended for combined uses may not subsequently be reallocated to other uses without the approval of the Municipality.

45. Site access and exits

(1)The Municipality may require compliance with standard municipal or provincial access spacing guidelines.
(2)No access may be closer than 10 metres from an intersection as defined by the prolongation of street boundaries, except for industrial-zoned properties, where the distance must be 15 metres.
(3)The Municipality may restrict or prohibit access if a pedestrian or traffic hazard is created or is likely to be created.
(4)Vehicle entrances and exit ways to and from a property must conform to the following requirements:
(a)motor vehicle carriageway crossings must be limited to one per site per public street or road abutting the site;
(b)despite paragraph (a), where the total length of any street boundary of a site exceeds 30 metres in length, one additional carriageway crossing may be permitted, provided that no two carriageway crossings are closer than 12 metres to each other; and
(c)the minimum and maximum widths of motor vehicle carriageway crossings must be in accordance with the table, titled “Width of motor vehicle carriageway crossings”.
(d)the minimum width of a panhandle access may not be less than 4 metres wide.
Width of motor vehicle carriageway crossings
Type or carriageway Minimum width Maximim width
Single entract or exit way 2.7 metres 4.0 metres
Entrance and exit 5.0 metres 8.0 metres

46. Parking layout requirements

(1)The following parking layout requirements apply unless otherwise stated in this zoning scheme:
(a)parking layout configurations, minimum dimensions and ramps to a parking area must be in accordance with this zoning scheme or an approved site development plan;
(b)the layout of any parking area, except for parking in Single Residential Zone I, Single Residential Zone III and General Residential Zone I, must ensure that vehicles can readily leave the site without reversing across the sidewalk, unless otherwise approved by the Municipality;
(c)a tandem bay accommodating two motor vehicles is regarded as one bay for the purposes of this zoning scheme, except for single residential zones, where a tandem bay is regarded as two bays;
(d)visitor parking bays must be clearly demarcated, readily visible and accessible to visitors, and preferably grouped together;
(e)parking areas must be used for the parking of vehicles which are lawfully allowed on them, and any activity which causes an obstruction for vehicular traffic or pedestrian use of the sidewalk is prohibited;
(f)parking areas must be constructed and maintained in a state suitable for the parking and movement of vehicles;
(g)control of access to and reservation of parking bays and / or areas is not permitted unless written approval has been obtained from the Municipality; either through an approved site development plan or other written approval; and
(h)despite paragraphs (a) to (g), the Municipality may lay down more restrictive requirements related to parking, site access or motor vehicle carriageway crossing, if it considers this to be necessary from a pedestrian or traffic safety point of view;
(i)Parking areas may not be used for commercial or any other purposes unless permitted by the Municipality.
(2)The Municipality may require an applicant to submit a parking layout plan indicating—
(a)the way in which it is proposed that motor vehicles park;
(b)the means of entrance and exit from parking areas;
(c)landscaping proposals; and
(d)construction details.

47. Parking for the physically disabled

(1)The Municipality may require parking suitable for use by persons with physical disabilities to be provided on any land unit in order to ensure easy and convenient access for such persons to services and facilities generally open to the public and to residential uses.
(2)In parking lots reserved for employees, at least one parking space shall be accessible for persons with disabilities.
(3)In any parking facility serving the public, parking for persons with physical disabilities must be provided in accordance with the table entitled “Physically disabled accessible parking”.
Total no of parking bays Required number of bays accessible to the physically disabled
1-50 1
51-100 2
101-150 3
151-200 4
For every additional 100 bays 1 additional parking bay
(4)Parking for the physically disabled must comply with the following requirements:
(a)parking bays must be a minimum of 3,7 metres in width and 6 metres in length or according to such other measures as may be approved by the South African Bureau of Standards;
(b)parking and access aisles shall be situated on and accessed from a surface that is not steeper than 1:50;
(c)parking bays must be located within 50 metres of an accessible building or site entrances, and must be located to provide convenient access to kerb ramps;
(d)each parking bay reserved for physically disabled persons must be identified by a vertical sign incorporating the international symbol for access by persons with disabilities in accordance with the standards of the South African Bureau of Standards and marked on the parking surface with the international symbol for disabled accessibility and shall be at least 1000mm x 1000mm in size;
(e)additional signage indicating the parking bay as reserved for exclusive use by persons with physical disabilities may be required by the Municipality;
(f)if five or fewer parking bays are provided, at least one bay must be 4 metres wide and marked to provide a parking bay of 2,5 metres with an access aisle of 1,5 metres, but the bay need not be reserved exclusively for persons with physical disabilities; and
(g)entry and routing to any parking space designated for persons with disabilities shall be provided with a clear height of at least 2,4 metres and shall allow for the entry of vehicles suitable for use by wheelchair users, particularly those that have a hoist to carry the wheelchair on top of the car.
(5)Parking for persons with physical disabilities must count towards fulfilling off-street parking requirements.

48. Motorcycle and bicycle parking spaces

(1)The Municipality may require that parking be provided for motorcycles and bicycles.
(2)For every 4 motorcycle and 6 bicycle parking spaces provided, a credit of 1 parking bay may be given towards applicable parking requirements, provided that—
(a)the total credit may not exceed 2,5% of the parking bays required;
(b)the minimum dimension for a motorcycle space is 2,2 metres in length and 1 metre in width; and
(c)the minimum dimension for a bicycle space is 2 metres in length and 0,6 metres in width.
(3)Signage, bollards and racks or other devices for storing bicycles and enabling motorcyclists to make use of such bays must be installed.

49. Loading requirements

(1)Unless the Municipality grants approval to waive this requirement, loading bays must be provided in accordance with the table entitled “Minimum off-street loading bay requirements”.
(2)The Municipality may determine off-street loading requirements for uses not stipulated in the table.
(3)The following minimum requirements apply to loading bays:
(a)a loading bay must measure not less than 4,5 metres x 10 metres for perpendicular loading, and 2,5 metres x 12 metres for parallel loading;
(b)no carriageway crossing to be accessed by loading vehicles may be less than 3 metres in width, and no combined entrance and exit way may be less than metres in width; and
(c)covered loading areas must have a minimum headroom of 3,7 metres.
Land use Floor area (m²) Number of loading bays
Offices 0-5 0005 001-15 00015 001-30 000Every additional 30 000 or part therof 01211 additional bay
Business premises other than offices, supermarket, industry 0-1 0001 001-2 5002 501-5 0005 001-10 000Every additional 10 000 or part thereof 01231 additional bay
Supermarket 0-500501-1 0001 001 and greater1 001 and greater 123 x requirements for business premises other than offices, supermarket, industry

Chapter 9
Refuse Rooms and Servide Yards

50. Refuse rooms

The Municipality may, for the purposes of collecting refuse, require the owner to install a refuse receptacle on a property and require that the refuse receptacle—
(1)is of sufficient size to accommodate the refuse generated from the property for one week;
(2)be located adjacent to a public street, or in a position which will provide acceptable access to a refuse collection vehicle;
(3)be designed in a manner that is architecturally compatible with the other structures on the property and will screen refuse bins from public view; and
(4)comply with any other conditions or standard requirements that the Municipality may impose relating to access, health, pollution control, recycling safety or aesthetics.

51. Service yards

(1)The Municipality may require the owner to install a screened area providing utility services, including washing lines, for residential developments.
(2)The utility services must—
(a)be designed in a manner that is architecturally compatible with the other structures on the property and in the case of refuse bins must be screened from public view; and
(b)comply with any other conditions or standard requirements that the Municipality may impose relating to access, health, pollution control, safety or aesthetics.

Schedule 1

Use Zones Table
1 2 3
Zoning Primary uses Consent use
AGRICULTURAL ZONES
Agricultural Zone I (AZI)
The objective of this zone is to promote and protect agriculture on farms as an important economic, environmental and cultural resource. Limited provision is made for non-agricultural uses to provide rural communities in more remote areas with the opportunity to increase the economic potential of their properties, provided these uses do not present a significant negative impact on the primary agricultural resource. Primary uses.Agriculture Consent use.Abattoir.Additional dwelling units.Airfield.Agricultural Industry larger than 2000m².Animal care centre.Aqua-culture.Camping site more than 6 stands.Cemetery (Estate).Farm shop.Farmers Market.Freestanding base telecommunication station.Function venue.Guest house.Helicopter landing pad.Off-road trail.Plant nursery.Quarry.Radio control flying airfield.Renewable energy structure.Shooting range.Tourist accommodation.Tourist facilities
1 2 3
Zoning Primary uses Consent use
AGRICULTURAL ZONES
Agricultural Zone I (AZII)
The objective of this zone is toaccommodate larger residentialproperties, which may be usedfor limited agriculture, butprimarily serve as places ofresidence for people who seek arural lifestyle. Such propertiesare often found close to townsand villages, and newsmallholding areas should onlybe permitted within anacknowledged, demarcatedurban area. Primary uses. Smallholding Consent use. Abattoir. Additional dwelling units. Airfield. Agricultural Industry largerthan 1000m². Animal care centre. Aqua-culture. Camping site more than 6stands. Cemetery (Estate). Farm shop. Farmers Market. Freestanding basetelecommunication station. Function venue. Guest house. Helicopter landing pad. Off-road trail. Plant nursery. Quarry. Radio operated airfield. Renewable energy structure. Shooting range. Tourist accommodation. Tourist facilities. Utility service
Agricultural Zone I (AZIII)
The purpose of this zone is tosupport the government’s ruralland development programmeand provide for the establishmentof worker accommodationoutside conventional towns. Primary uses. Agri-village Consent use. Cemetery (Estate). Farm shop. Farmers market. Freestanding basetelecommunication station. Shop not larger than 200m². Renewable energy structure. Rooftop basetelecommunication station. Tourist accommodation. Tourist facilities. Utility services
1 2 3
Zoning Primary uses Consent use
SINGLE RESIDENTIAL ZONES
Single Residential Zone I (SRZI)
The objective of this zone is toprovide for residentialdevelopment where thepredominant type ofaccommodation is a dwelling unitfor a single family, where eachdwelling has its own land unit,and adequate outdoor space.Limited employment andadditional accommodationopportunities are possible asprimary or Consent uses,provided that the dominant use ofthe property remains residential,and impacts of such uses do notadversely affect the quality andcharacter of the surroundingresidential environment. Primary uses. Dwelling unit Consent uses. Crèche. Guest house. Halfway house. Home care facility. House shop. Place of instruction. Second dwelling unit
Single Residential Zone II (SRZII)
The objective of this zone is toprovide a high degree of flexibilityfor low- to medium-densityresidential projects which haveintegrated site and designfeatures, and which requireindividual design solutions andindividually tailored developmentcontrol provisions. This zoneshould not accommodate aresort, but is particularly suitablefor residential estates that aregoverned by a property owners'association, with access controland coordinated designrequirements (such as golfestates, equestrian estates andresidential marinas). Primary uses. Estate housing Consent uses. Child care facility. Home Care Facility. Home occupation. Rooftop base telecommunication station. Sport and Recreation Facility. Wellness Centre
Single Residential Zone III (SRZIII)
The objective of this zone is toprovide for upgrading andincremental housing frominformal settlements to formalsettlements and also to allowformal as well as informalhousing types on a single erf. Inrecognition of the realities of poorand marginalised communities,development managementlocal employment generation isencouraged within this zone. Primary uses. Dwelling unit. Shelters. Crèche. Halfway house. Home care facility. Home occupation. House shop. Second dwelling unit  
General Residential Zone I (GRZI)
The objective of this zone isto facilitate low intensitydensification in designated areas,which will not have an adverseeffect on the character of theexisting built area and maycontribute to the optimalutilisation of land andinfrastructure. The residentialdevelopment consists of twodwelling units in a singlestructure, each of which mayaccommodate a single family.Individual ownership of the unitswill be allowed through asectional title scheme.Architecturally, the dwelling unitswill be uniform and will bedeveloped to the same scale andextent. Primary uses. Double dwelling unit Consent uses. Guest House. Home care facility. Home occupation
General Residential Zone II (GRZII)
The objective of this zone is toencourage residentialdevelopment of a mediumdensity, with a coordinateddesign, and to accommodategroup housing where specialattention is given to aesthetics,architectural form and the inter-relationship betweencomponents of the group housingscheme. Group housing may belocated in single residential areasin places where an increaseddensity is desirable, includingalong main roads, near localshopping centres and otheractivity nodes, and alsopreferably near to public openspaces. Primary uses. Group housing Consent uses. Flats. Home care facility. Home occupation. Retirement resort. Sport and recreation facility. Wellness centre
General Residential Zone III (GRZIII)
The objective of this zone isto encourage residentialdevelopment of a greater densitythan for General ResidentialZone II, while retaining theemphasis on design coordinationand a modest scale in terms ofheight. This zone has particularlocation requirements, such asproximity to transport andamenities, and should not berandomly located without dueconsideration of the availability ofopen space and communityfacilities. Town housing may belocated in and around centralbusiness areas, near highdensity nodes and along activityaxis such as railway lines andmain traffic routes, where flatsare often found. Primary uses. Town housing Consent uses. Flats. Home care facility. Home occupation. Retirement resort. Sport and recreation facility. Wellness centre
General Residential Zone IV (GRZIV)
The objective of this zone is topromote higher densityresidential development. Thedominant use within this zonemust be residential, but limitedmixed-use development ispossible with the Municipality’sconsent. This zone has particularlocation requirements, such asproximity to transport andamenities, and should not berandomly located without dueconsideration of the availability ofopen space and communityfacilities. Primary uses. Flats Consent uses. Accommodation. Boarding accommodation. Convenience shop. Home occupation. Renewable energy structure. Retirement resort. Rooftop base telecommunication station. Wellness centre
General Residential Zone V (GRZV)
The objective of this zone is toprovide a temporary residencefor transient guests in anappropriately scaledestablishment where lodging andmeals are provided and whichmay include a small conference/training facility that also caters forbusiness meetings. Primary uses. Guest lodge Consent uses. Backpackers’ accommodation. Camping site. Convenience shop. Restaurant. Tourist facility. Wellness centre
General Residential Zone VI (GRZVI)
The objective of this zone is toprovide a temporary residencefor transient guests, wherelodging and meals are provided,and may include a restaurant andconference facilities. Outsidetowns it should only beconsidered in identified tourismareas or within resorts. Primary uses. Hotel Consent uses. Backpackers’ accommodation. Gambling place. Renewable energy structure. Rooftop base telecommunication station. Shop. Sport and recreation facility
BUSINESS ZONES
Business Zone I (BZI)
The objective of this zone is toprovide for intensive businessand mixed-use development withrelatively few restrictions in orderto promote urban vitality andeconomic growth. Primary uses. Business premises Consent uses. Adult entertainment. Adult services. Adult shop. Dwelling unit. Flats on ground floor. Freestanding basetelecommunication station. Gambling Place. Helicopter landing pad. Informal trading. Liquor store. Motor repair garage. Open air motor vehicle display. Place of entertainment. Place of instruction. Place of worship. Renewable energy structure. Warehouse
Business Zone II (BZII)
The objective of this zone is toprovide for the retail sale ofgoods and services to the public. Primary uses. Shop Consent uses. Adult shop. Conference facility. Dwelling unit. Flats on ground floor. Freestanding base telecommunication station. Liquor store. Open air motor vehicle display. Place of assembly. Place of entertainment. Place of instruction. Place of leisure. Place of worship. Renewable energy structure. Restaurant. Rooftop base telecommunication station. Service station. Supermarket
Business Zone III (BZIII)
The objective of this zone is toprovide for low intensitycommercial and mixed-usedevelopment, which serves localneighbourhood needs forconvenience goods and personalservices. Such developmentshould be limited in scale andnature and capable of integrationinto the adjacent residentialneighbourhood, withoutadversely affecting the amenityof the residential neighbourhood.While mixed use development isencouraged, care must be takennot to compromise businessoperations. Primary uses. Neighbourhood shop Consent uses. Dwelling unit. Flats on ground floor. Liquor store. Offices. Rooftop base telecommunication station. Service trade. Sport and recreation centre. Supermarket. Wellness centre
Business Zone IV (BZIV)
The objective of this zone is toprovide an intermediate zone,which can, if required, act as abuffer or interface between high-and medium-intensity businesszones, and residential zones.Retail activities are limited tothose which are ancillary to thedominant permitted uses, namelyoffices. In order to protect theamenity of adjacent residentialareas, appropriate levels oflandscaping and environmentalmanagement are required. Primary uses. Offices Consent uses. Dwelling unit. Flats. Institution. Place of assembly. Place of entertainment. Place of instruction. Place of leisure. Renewable energy structure. Restaurant. Rooftop basetelecommunication station. Sport and recreation centre. Shop. Supermarket. Wellness centre
Business Zone V (BZV)
The objective of this zone is toprovide for large-scale regionalretail facilities that exceed thefloor area of shops andsupermarkets aimed at the localmarket in general. Thesefacilities may offer a diverserange of products under one roofand supply products toindividuals as well as wholesaletrade. Such facilities may bedeveloped as a power centre.Specific consideration should begiven to the locality andplacement of these facilities withconsideration of their regionalsignificance and accessibility aswell as possible impact onexisting nodal areas. Primary uses. Big box retail Consent uses. Liquor store. Place of entertainment. Place of leisure. Place of worship. Renewable energy structure. Rooftop base telecommunication station. Shop. Warehouse
Business Zone VI (BZVI)
The objective of this zone is toprovide opportunities in urbanareas for service stations, motorrepair garages and associatedfacilities which have specificvehicle access requirements andpotential negative impacts onadjoining areas. Primary uses. Service station Consent uses. Boarding accommodation. Helicopter landing pad. Motor repair garage. Open air motor vehicle display. Recreational facility. Shop. Tourist facility. Truck stop
INDUSTRIAL ZONES
Industrial Zone I (IZI)
The objective of this zone is toaccommodate industry uses andservice trades that may becarried out without nuisance toother properties or the generalpublic. Such uses may belocated next to business usesand in close proximity toresidential areas, and do notpresent a potential negativeimpact on the character oramenity of such areas. Primary uses. Light industry Consent uses. Adult entertainment. Adult services. Adult shop. Aqua-culture. Caretaker’s quarters. Convenience shop. Gambling place. Liquor store. Office. Place of entertainment. Place of worship. Shop. Truck stop
Industrial Zone II (IZII)
The objective of this zone is toaccommodate all forms ofindustry, except noxious tradeand risk activity, in order topromote the manufacturingsector of the economy. Someallowance is made for non-industrial activities, but theseshould not compromise thegeneral use of the area zoned forindustry. It is accepted that theintensive nature of the industrialactivity or the scale of theoperation could generate somenegative impact on adjacentproperties. Primary uses. Industry Consent uses. Abattoir. Adult entertainment. Adult services. Aqua-culture. Container site. Convenience shop. Crematorium. Gambling place. Helicopter landing pad. Liquor store. Office. Place of entertainment. Place of worship. Restaurant. Scrap yard. Truck stop
Industrial Zone III (IZIII)
The objective of this zone is toprovide for those industries whichare noxious in terms of smell,product, waste or otherobjectionable consequence oftheir operation, or which carry ahigh risk in the event of fire oraccident. While other uses arepermitted with consent, theMunicipality must ensure there issufficient capacity for noxioustrade in the limited areas suitablefor this zone. A noxious tradeshould not be located close toresidential areas. Primary uses. Noxious trade Consent uses. Container site. Convenience shop. Helicopter landing pad. Industry. Liquor store. Motor repair garage. Scrap yard. Service station. Transport use
Industrial Zone IV (IZIV)
The objective of this zone is toprovide for the use of land for the extraction of minerals and rawmaterials and, to a limited extent,associated business operations.This zone is intended foroperations of a more permanentnature as opposed to temporary,short-term mining or prospectingactivities. Primary uses. Mine Consent uses. Industry
COMMUNITY ZONES
Community Zone I (CZI)
The objective of this zone is toprovide for educational facilitiesof all kinds, but controlledprovision is made for othercompatible community uses. Primary uses. Place of instruction Consent uses. Conference facility. Dwelling unit. Flat. Freestanding base telecommunication station. Institution. Place of assembly. Renewable energy structure. Rooftop base telecommunication station
Zone II (CZII)
The objective of this zone is toprovide for places wherecommunities can congregate andworship according to the customof their specific faith or religion. Primary uses. Place of worship Consent uses. Cemetery. Institution. Place of instruction. Rooftop base telecommunication station. Self-catering units/Flats. Wall of remembrance
Community Zone III (CZIII)
The objective of this zone is to provide for a wide range of health care facilities. Primary uses. Institution Consent uses. Correctional facility. Crèche. Freestanding base telecommunication station. Place of assembly. Renewable energy structure. Rooftop base telecommunication station
RESORT ZONES
Resort Zone (RZ)
The objective of this zone is topromote tourist and holidayfacilities in areas with specialenvironmental or recreationalattributes, and to encouragegeneral public access to thesefacilities. At the same time, careshould be exercised to minimisepotential negative impacts ofdevelopment on fragileenvironments. The guidingprinciple should be that a resortmust not detract from theamenity that attracted the holidayfacilities in the first place, norshould it cause a public nuisancefor other people living andworking in the vicinity. This zoneshould only be used inexceptional cases and isnormally applicable to touristdevelopments outsideestablished, built-up areas. Primary uses.Tourist accommodation Consent uses. Freestanding base telecommunication station. Function venue. Gambling place. Hotel. Off-road trail. Place of leisure. Renewable energy structure. Restaurant. Sport and recreation centre. Tourist facilities. Wellness centre
OPEN SPACE ZONES
OPEN SPACE ZONE I (OSZI)
The objective of this zone is toprovide for active and passiverecreational areas on public land,in order to promote recreation,and enhance the aestheticappearance of an area. Primary uses. Public open space Consent uses. Air and underground rights. Environmental facilities. Sport and recreation centre. Tourist facilities. Urban agriculture. Utility service
OPEN SPACE ZONE II (OSZII)
The objective of this zone is toprovide for private active andpassive recreational areas, inorder to promote recreation andenhance the aestheticappearance of an area. Primary uses. Private open space Consent uses. Cemetery. Convenience shop. Environmental facilities. Informal trading. Plant nursery. Renewable energy structure. Restaurant. Sports and recreation centre. Tourist facilities. Urban agriculture. Utility service
OPEN SPACE ZONE III (OSZIII)
The objective of this zone is toprovide for the conservation ofnatural resources in areas thathave not been proclaimed asnature areas (non-statutoryconservation), in order to sustainflora and fauna and protect areasof undeveloped landscapeincluding woodlands, ridges,wetlands and the coastline. Arange of consent uses isprovided to supplement andsupport the main objective of thiszone. Primary uses. Nature conservation area Consent uses.Camping site.Environmental facilities.Farm shop.Freestanding base telecommunication station.Harvesting of natural resources.Renewable energy structure.Rooftop base telecommunication station.Tourist facilities.Utility service
OPEN SPACE ZONE IV (OSZIV)
The objective of this zone is toprovide for the conservation ofnatural resources in areas thathave been proclaimed as natureareas (statutory conservation), inorder to sustain flora and faunaand protect areas ofundeveloped landscape includingwoodlands, ridges, wetlands andthe coastline. A range of consentuses is provided to supplementand support the main objective ofthis zone. Primary uses. Nature reserve Consent uses. Conference facility. Freestanding base telecommunication station. Function venue. Harvesting of natural resources. Helicopter landing pad. Renewable energy structure. Rooftop base telecommunication station. Tourist accommodation. Tourist facilities. Utility service
TRANSPORT AND UTILITY ZONES
TRANSPORT ZONE I (TZI)
The objective of this zone is toreserve land for transportationsystems, excluding publicstreets, but including all othertransport undertakings. Primary uses. Transport use Consent uses. Air and underground rights. Airport. Airfield. Business premises. Conference facility. Container site. Freestanding base telecommunication station. Helicopter landing pad. Hotel. Industry. Informal trading. Motor repair garage. Outdoor trading and dining. Renewable energy structure. Service station. Warehouse
TRANSPORT ZONE II (TZII)
The objective of this zone is toprovide for public streets,whether constructed or still to beconstructed, as well asinfrastructure associated withsuch streets. Provision is alsomade for the temporary use ofthe land unit for other purposesas may be approved by theMunicipality. Primary uses. Public street Consent uses. Air and underground rights. Multiple parking garage. Outdoor trading and dining
TRANSPORT ZONE III (TZIII)
The objective of this zone is toprovide roads that is privatelyowned and does not vest in theMunicipality or any other organ ofstate for the passage or parkingof motor vehicles. Primary uses. Private road Consent uses. Outdoor trading and dining
UTILITY ZONE (UZ)
The objective of this zone is toreserve land for uses normallyundertaken by central, provincialand municipal governmentagencies as well as land for utilityservices such as electricalsubstations, and which do not fallinto another zoning category.Some flexibility for the use ofland and developmentparameters is provided. Primary uses. Utility service Consent uses. Airfield. Authority use. Helicopter landing pad
UNDETERMINED ZONE
UNDETERMINED USE ZONE (USZI)
The objective of this zone is toenable the Municipality to defer adecision regarding a specific landuse and developmentmanagement provisions until thecircumstances affecting the landunit have been properlyinvestigated; or until the owner ofthe land makes an application forrezoning; or a zoningdetermination is made by theMunicipality. The objective of thiszone is furthermore to create azone to which land could revertback to when rights under currentzonings, other than SingleResidential Zone I, were notexercised, especially in caseswhere changes in the planningcontext occurred since thecurrent zoning was granted. Primary uses. None Consent uses. None
RECORD OF AMENDMENTS
PAGE DESCRIPTION OR NUMBER DATE OF LATEST ISSUE  
  Draft : 11 January 2018 (EMC)Final Draft: 27 June 2018 (EMC)Promulgated: 27 June 2018 (Council)

Schedule 2

LAND USE DESCRIPTIONS AND DEVELOPMENT PARAMETERS

"abattoir"Land use description: "abattoir" is a place where animals are slaughtered and for distribution to butchery shops and food markets.Development parameters:The development parameters applicable to “industry“ apply, as well as those applicable to "agricultural industry" when an abbatoir is located on a farm."additional dwelling unit"Land use description: “additional dwelling unit” is a dwelling unit that may be erected on an agricultural land unit with the consent of the Municipality, in addition to a primary dwelling unit or agricultural worker accommodation for bona fide agricultural workers, or both, provided that—
(a)one additional unit can be allowed in all cases as a consent use, irrespective of the size of the agricultural land unit;
(b)further additional dwelling units can be allowed at a ratio of one additional dwelling unit per 10 ha, calculated on the basis of all additional dwelling units on the agricultural land unit, up to a maximum of five (5) additional dwelling units per agricultural land unit;
(c)a site development plan must be submitted to the municipality for its approval, and
(d)no alienation of additional dwelling units will be permitted whether by cadastral subdivision or sectional title.
Development parameters:The development parameters applicable to “agriculture” apply, together with the additional development parameters for “additional dwelling units”. Additional dwelling units may be erected with the consent of Municipality provided that—
(a)a dwelling for a person engaged in bona fide agricultural activities on the land unit and which is permanently occupied by that person is not regarded as an additional dwelling unit;
(b)the total floor space of an additional dwelling unit including the floor spacein all ancillary buildings to the additional dwelling unit, may not exceed 200m²;
(c)an additional dwelling unit must be constructed in a style that is similar to the architecture of the main dwelling unit, unless otherwise permitted by the Municipality;
(d)an additional dwelling unit that is a separate structure to a dwelling unit may not exceed a height of 6,5 metres to the top of the roof;
(e)an additional dwelling unit that is contained within the same building as a dwelling unit must be designed so that the building appears to be a single dwelling unit; provided that both units may have a ground floor, or one unit may be on the ground floor and the other unit above;
(f)the existence of an additional dwelling unit may not in itself be sufficient reason for the Municipality to grant an application in terms of the Planning By-law to subdivide the land unit containing the dwelling units; and
(g)the Municipality must certify that services are available for the construction of an additional dwelling unit.
“adult entertainment”Land use description:“adult entertainment”—
(a)means the use of property for adult film theatres or strip clubs where sexually explicit, live or recorded shows are displayed; and
(b)does not include adult services or an adult shop.
Development parameters:The development parameters applicable to “business premises” apply.“adult services”Land use description:“adult services”—
(a)means the use of property for massage parlours or escort agencies where sexually orientated personal services are provided, unless the services form part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; and
(b)does not include adult entertainment or an adult shop.
Development parameters:The development parameters applicable to “business premises” apply.“adult shop”Land use description:“adult shop”—
(a)means the use of property for the retail sale of pornographic, sexually explicit or erotic material, whether or not such material is displayed for sale, unless such material forms part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; and
(b)does not include adult entertainment or adult services.
Development parameters:The development parameters applicable to “business premises” apply.“agricultural industry”Land use description:“agricultural industry”—
(a)means an enterprise for the processing of agricultural products of which the majority of the products is sourced from that land unit and if not produced on that land unit, then from the land units farmed by the owners of the enterprise with a minority of the products sourced from the surrounding or nearby farms;
(b)includes a winery, dairy, distillery, the bottling of mineral or spring water, a saw mill and any agriculture related uses the municipality may approve from time to time; and
(c)does not include an abattoir.
Development parameters:Development parameters applicable to “agriculture” apply.“agricultural worker accommodation”Land use description:“agricultural worker accommodation” means accommodation provided for bona fide agricultural workers, including accommodation for labourers and farm managers, as determined by the Municipality based on the extent of the bona fide agricultural activities on the land unit.Development parameters:The development parameters applicable to “agriculture” apply with the following additional development parameters:
(a)the number of units must be reasonably connected to the agricultural activities on the land unit; and
(b)A site development plan must be submitted to the municipality for its approval.
"agriculture"Land use description:"agriculture" means the cultivation of land for raising crops and other plants, including plantations, the keeping and breeding of animals, birds or bees, stud farming, game farming, intensive horticulture; intensive animal farming; a riding school or natural veld, and—
(a)includes—
(i)the harvesting, packing, cooling, storing, sorting, and packaging of agricultural produce grown on that land unit and surrounding or nearby farms;
(ii)harvesting of natural resources, which are limited to living organisms, for delivery to the market;
(iii)agricultural buildings or infrastructure that are reasonably connected with the main farming activities, including a dwelling unit, agricultural worker accommodation and rooftop base telecommunication stations;
(iv)a camping site limited to a combined maximum of 6 tent or caravan stands subject to the development parameters applicable to “tourist accommodation”;
(v)telecommunication and electricity transmission lines;
(vi)rooftop base telecommunication station;
(vii)renewable energy structures for household and farming purposes; and
(viii)agricultural industry.
Development Parameters:The following development parameters apply:
(a)Building lines
The road or street and common boundary building lines are 30 metres.
(b)Height
(i)The height of a dwelling unit may not exceed 8,5 metres in all cases.
(ii)Agricultural buildings other than dwelling units may not exceed a height of 15 metres to the top of the roof.
(iii)Earth banks and retaining structures which in the opinion of Municipality are associated with agricultural activities are exempt from the general provisions in this regard in this By-law.
(c)Site development plan
For any development in this zone, including any part of the land not zoned Agriculture, a site development plan must besubmitted to the Mnicipality for its approval, taking specific cognisance of visual impact given the size and scale of the agricultural buildings and facilities and their location in a rural landscape and in their proximity to tourist routes.
(d)Farm shop, camping site
Where a farm shop and a camping site are operated from the same property the combined floor area of the farm shop and resort shop may not exceed 120m².
(e)Agricultural industry
In addition to the above parameters the following shall apply:
(i)the agricultural industry does not exceed a total floor area of 2 000m²; and
(ii)the parking requirements for “industry” apply.
“agri-village”Land use description: “agri-village” means a private settlement of restricted size established and managed by a legal institution that is situated within an agricultural area and where residence is restricted to bona fide agri-workers and their dependents of the farms involved in the development. Security of tenure does not include right of ownership but can include a Trust, Communal Property Association or Sectional Title. The development of agri-villages represents a partnership between farmer, agri-worker and state.Development parameters:
(a)The Municipality must require a site development plan for an agri-village.
(b)The site development plan as approved by the Municipality constitutes the development parameters.
(c)The provisions for a site development plan in this By-law apply.
“air and underground rights”Land use description: “air and underground rights” means any use right that may be approved by the Municipality for the development of a defined space above or below a public street, open space, railway line or a public street, open space, railway line or any other land utilised for transport purposes.Development parameters:
(a)The Municipality must require a site development plan for air and underground rights.
(b)The site development plan as approved by the Municipality constitutes the development parameters.
(c)The provisions for a site development plan in this By-law apply.
(d)The Municipality may approve a consent use for air or underground rights if—
(i)the consent use does not compromise the intended primary uses of the land;
(ii)an agreement defining the extent of rights, time period, compensation, ownership and maintenance obligations relating to the property is concluded between the parties concerned and is approved by the Municipality;
(iii)a servitude in respect of the air or underground rights is registered over the land concerned; and
(iv)the Municipality is satisfied that structural components, clearance and operational characteristics are sufficient toensure safe and efficient operation of the street, road or parking.
“airfield”Land use description:“airfield” means runways and associated buildings for the take-off and landing of light aircraft.Development parameters:
(a)The Municipality must require a site development plan for an airfield.
(b)The site development plan as approved by the Municipality constitutes the development parameters.
(c)The provisions for a site development plan in this By-law apply.
“airport”Land use description: “airport” means a complex comprising aircraft runways and associated buildings for the take-off and landing of civilian aircraft and facilities for the handling and storage of air freight and includes land uses ancillary to airports, and includes—
(a)a restaurant;
(b)car rental facility;
(c)shop; and
(d)hotel.
Development parameters:The development parameters applicable to “transport use” and “business premises” apply,provided that a site development plan must be submitted to the Municipality for its approval.“animal care centre”Land use description: “animal care centre” means a place for the temporary care of pets and animals, operated on either a commercial or a welfare basis, and includes—
(a)boarding kennels; and
(b)pet training centres.
Development parameters:The development parameters applicable to “agriculture” apply.“aqua-culture”Land use description: aqua-culture” means the breeding, for commercial purposes, of water flora or fauna in artificially constructed dams or holding tanks, or suspended from floating supports in natural water bodies.Development parameters:The development parameters applicable to “agriculture” apply.“authority use”Land use description: “authority use” means a use which is practised by or on behalf of an organ of state and that cannot be classified or defined under other uses in this zoning scheme, and includes a use practised by—
(a)the national government, including a military centre or installation, police station or correctional facility;
(b)the provincial government, including a road station or road camp;
(c)the Municipality, including a fire service or a municipal depot with related uses, including limited accommodation for staff who are required to be on standby for emergencies; or
(d)a foreign government including an embassy or consulate, but does not include a dwelling unit when the dominant use is for living accommodation of foreign diplomatic personnel.
Development parameters:The development parameters and additional provisions as approved by the Municipality according to the site development plan apply to every site, use and type of building.“backpackers’ accommodation”Land use description: “backpackers’ accommodation” means a building where lodging for backpackers is provided per bed and not per bedroom, and includes a youth hostel.Development parameters:The development parameters applicable to “guest lodge” apply.“bed and breakfast establishment”Land use description: “bed and breakfast establishment” means a dwelling unit, second dwelling, double dwelling unit or additional dwelling unit—
(a)in which the owner of the dwelling supplies lodging and meals for compensation to transient guests who have permanent residence elsewhere; and
(b)provided that the dominant use, structure and design of the dwelling unit concerned remains for the living accommodation of a single family.
Development parameters:The development parameters applicable to “dwelling unit”, “second dwelling” and “additional dwelling unit” apply.The following further parameters apply:
(a)No more than two rooms per land unit may be used for bedroom accommodation for paying guest, and no more than four paying guest per land unit may be supplied with lodging or meals at any time;
(b)The requirement in paragraph (a) is also applicable where a land unit contains both a bed and breakfast establishment and rooms which are available for letting to lodgers;
(c)The owner of a bed and breakfast establishment must live on the property and inform the Municipality in writing before the establishment opens for business and must submit a site development plan for perusal by the municipality;
(d)A register of guests must be kept, and completed when rooms are let;
(e)Any new structure or alteration to the property related to its use as a “bed and breakfast establishment” must be compatible with the residential character of the area, particularly with regard to the streetscape or rural character on a farm, and must be capable of reverting to use as part of the dwelling unit, second dwelling, additional dwelling unit or outbuilding concerned;
(f)No more than three employees may be employed in activities related to the bed and breakfast establishment;
(g)No alcoholic beverages may be served except to resident guests for consumption on the premises, in accordance with an approved liquor licence;
(h)Guest rooms may not be converted to, or used as, separate self-catering dwelling units;
(i)Meals may only be supplied to guests who have lodging on the property, employees, and the family residing in the dwelling;
(j)In the absence of a Municipal policy or By-law on outdoor advertising and signage, no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area;
(k)No weddings, receptions, conferences, training or similar activities are permitted in a bed and breakfast establishment;
(l)No activities may be carried out which constitute, or are likely to constitute, a source of public nuisance and the municipality reserve the right to cease the rights of the bed and breakfast establishment with sufficient reasons;
(m)On-site parking must be provided in accordance with the provisions of this By-law; provided that the Municipality may at any stage require additional on-site parking if, in the opinion of the Municipality, the bed and breakfast establishment does not have enough parking.
“big box retail”Land use description: “big box retail” means large buildings with footprints larger than 200. m² per enterprise, where the nature of the retail business is typified by attracting customers with low prices or large selections or both low prices and large selections, with large floor space and high volume sales, which may include a restaurant which is ancillary to the main use.Development parameters:
(a)Coverage
Coverage must be in accordance with the site development plan that has been approved by the Municipality.
(b)Floor factor
The maximum floor factor is 2.
(c)Height
(i)The highest point of a building may not exceed 10 metres to the top of the roof;
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Building lines
(i)The street building line is at least 10 metres;
(ii)Side and rear building lines are 0 metres or at least 10 metres if the site abuts any single residential zone or general residential zone;
(iii)The general building line encroachments in this By-law apply.
(e)Parking, access and loading
Parking and access must be provided on the land unit in accordance with this By-law.
(f)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.“boarding hostel”Land use description: "hostel" means a place which provides accommodation in rooms or dormitories for students attending a place of education or tertiary educational institution, and is managed by or on behalf of the particular educational institution with which it is associated and includes communal facilities directly associated with the main use.Development parameters:Development parameters applicable to “place of instruction” apply."boarding accomomdation"Land use description:" "boarding accomodation" means a building where lodging is provided, and includes ancillary communal cooking, dining and other communal facilities for the use of lodgers, together with such outbiuildings as are normally used in connection with a boarding accomodation; and-
(a)includes a building in which rooms are rented for residential purposes, a guest house or guest lodge, a home for the aged, home care facility, a residential facility for handicapped persons or orphans; and
(b)does not include a hotel, dwelling unit, second dwelling, backpackers' accomodation or groiup house."Develpment parameters:
(a)Coverage"The maximum coverage is 60%
(b)Floor factor
The floor factor may not exceed 1.
(c)Height
(i)The highest point of a building may not exceed 15 metres to the top of the roof.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Building lines
(i)The street building line is at least 5 metres.
(ii)Side and rear building lines are at least 4,5 metres.
(iii)The general building line encroachments in this By-law apply.
(e)Parking and accessParking and access must be provided in accordance with this By-law.
(f)ScreeningThe Municipality may require screening in accordance with this By-law.
(g)Site development planThe Municipality may require a site development plan to be submitted for its approval.
(h)Open space
(i)Every boarding accommodation must have access to an outdoor living area on the land unit, which may include private, or communal open space, but excludes roads, service yards and parking areas.
(ii)An outdoor living area of at least 10% of the net erf area must be provided.
(iii)Such outdoor living area(s) must be of reasonable proportions and location, to the satisfaction of the Municipality, to allow for leisure or recreational use by residents, and may include open courtyards within the complex.
(i)Service yardA service yard must be provided on the land unit in accordance with this By-law.
(j)Refuse roomA refuse room must be provided on the land unit in accordance with this By-law.
“builder’s yard”Land use description: “builder’s yard” means a property used for the storage of material and equipment which—
(a)is required for or is normally used for construction work;
(b)was obtained from demolitions of structures or excavations of ground; or
(c)is necessary for, or is normally used for land development, such as storage of material used for building roads, installing essential services, or for any other construction work, whether for public or private purposes.
Development parameters:The development parameters applicable to “industry” apply.“business premises”Land use description: “business premises” means a property from which business is conducted and—
(a)includes a shop, big box retail, supermarket, restaurant, two electronic or mechanical playing devices, plant nursery, office, funeral parlour, financial institution and building for similar uses, place of assembly, place of leisure institution, hotel, hospital, conferece facility, rooftop base telecommunication station, and multiple parking garage;
(b)includes also the following land uses above ground floor only—
(i)flats,
(ii)caretaker’s quarters,
(iii)backpackers lodge,
(iv)youth hostel, as well as
(v)boarding accommodation; and
(c)does not include a place of entertainment, gambling place, motor repair garage, industry, noxious trade, risk activity, adult entertainment, adult services, or adult shop.
Development parameters:The following development parameters apply:
(a)CoverageThe maximum coverage for all buildings on a land unit is 100%.
(b)Street centre line setbackThe Municipality may require a street centre line setback, in which case all buildings or structures on a land unit must be set back at least 8 metres from the centre line of the abutting public street or streets.
(c)Floor factorThe maximum floor factor on the land unit is 3, which may be departed from if subsection (i) is complied with.
(d)Height
(i)The highest point of a building may not exceed 15 metres to the top of the roof.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(e)Building line
(i)The street building line is 0 metres.
(ii)Side and rear building lines are 0 metres, provided that the Municipality may lay down common building lines in the interest of public health and safety or in order to enforce any other law or right.
(iii)Minor architectural and sunscreen features may project beyond the street boundary building line, provided that such features do not project more than 250 millimetres beyond the street boundary.
(f)Hotel floor space concession Where it is proposed to erect a hotel of at least 30 bedrooms in terms of this use right, the development parameters applicable to “hotel” apply.
(g)Canopy or balcony projection
The Municipality may require, and may approve, a canopy or balcony projection over the street boundary in accordance with the following conditions:
(i)the canopy or balcony may not project closer than 500 millimetres to a vertical plane through the kerb line or proposed kerb line;
(ii)no portion of a canopy or balcony projection may be less than 2,8 metres above the pavement;
(iii)the Municipality may lay down more restrictive requirements relating to the dimensions, design and materials of the canopy or balcony; and
(iv)the owner must enter into an encroachment agreement with the Municipality;
(v)the same parameters for air and underground rights are applicable.
(h)Public footway along street boundary
If the owner provides a public pedestrian footway of at least 3 metres wide on the land unit, next to a building situated alongside the street boundary, with a canopy and pavement that ties in with the street pavement, and which is accessible to the public at all times, then, in recognition of the urban design contribution to the street environment, the maximum floor factor of the building may be increased by twice the area of the public pedestrian footway.
(i)Street corners
The Municipality may require that the owner of a building which is to be situated at a public street corner, and which the Municipality coconsiders to be significant, must incorporate in the building architectural features which focus visual interest on the corner, and which emphasise the importance of pedestrian movement around the corner. Such features may include building cut-offs, walkthrough covered arcades, plazas or other elements.
(j)Parking and access
(i)Parking and access must be provided on a land unit in accordance with this By-law, except in a case where the Municipality has approved alternative parking supply under subsection 43(1).
(ii)Except with the approval of the Municipality, no parking bays at ground floor level on a land unit, either outside or within a building, may be located closer than 10 metres to a street boundary in order to enhance amenity at street level.
(k)Loading
Loading bays must be provided on the land unit in accordance with this By-law.
(l)Screening
The Municipality may require screening in accordance with this By-law.
(m)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.“camping site”Land use description: “camping site” means land set aside for camping where tents or caravans are used for short term accommodation of transient guests and which may include facilities for use by such visitors and features amenities such as facilities for outdoor food preparation, a small resort shop, road access for vehicles, picnic facilities, raised platforms on which to set up tents or caravans, ablution facilities, communal scullery and laundry facilities and waste disposal facilities, provided that canvas structures with an independent roof structure is not considered to be a tent.Development parameters:The development parameters applicable to “tourist accommodation” apply, provided that a site development plan must be submitted to the Municipality for its approval.“caretaker’s quarters”Land use description: “caretaker’s quarters” means an outbuilding of not more than 60 m² in total floor area, including sanitary and cooking facilities, which is used for the accommodation of a caretaker employed at an industrial site or business premises where the operation requires that somebody is on the land unit at all hours.Development parameters:As determined by the Municipality.“cemetery”Land use description: “cemetery” means a place for the burial of human or domestic animal remains, and—
(a)includes—
(i)ancillary buildings such as an office and chapel;
(ii)a “garden of remembrance” or a “wall of remembrance”; and
(b)does not include a crematorium.
Development parameters:The development parameters applicable to “public open space” apply in the case of publicly owned land, and the parameters applicable to “private open space” apply in the case of land in private ownership.“clinic”Land use description: “clinic” means a place for the diagnosis and treatment of human illness or the improvement of human health, which has limited facilities and an emphasis on outpatients, provided that—
(a)a clinic may contain live-in facilities for no more than 20 persons, including patients and staff; and
(b)a clinic may include medical consulting rooms, operating theatres, an outpatients centre, and a wellness centre with ancillary uses.
Development parameters:The development parameters applicable to “place of instruction” apply.“conference facility”Land use description: “conference facility” means a place where information is presented and ideas or information exchanged among groups of people or delegates, and includes the supply of meals to delegates.Development parameters:The development parameters applicable to “business premises” apply.“container site”Land use description: “container site” means property used for the storage of shipping or transport containers.Development parameters:The development parameters applicable to “industry” apply.“convenience shop”Land use description: “convenience shop” means a small retail concern that is open long hours and that typically stocks a range of everyday items such as groceries, snack foods,candy, toiletries, soft drinks, tobacco products, newspapers and magazines.Development parameters:
(a)Total area not larger than 60 m²; or
(b)10% of the total floor area of the primary uses on the property, whichever is the most restrictive, excluding a “service station”.
“correctional facility”Land use description: “correctional facility” means a place where persons are housed and trained on instruction of a court of law and includes a reformatory, place of detention; industrial school and prison.Development parameters:Development parameters applicable to “authority use” apply.“crèche”Land use description: “crèche” means the use of a portion of a dwelling unit or outbuildings by the occupant to provide day care, pre-school, play group or after-school care services for children.Development parameters:
(a)The services provided must primarily be day care and educational, and not medical services.
(b)The services may not operate outside the hours 6:00 to 18:00.
(c)The dominant use of the dwelling unit must remain for the living accommodation of a single family.
(d)Not more than 20 children may be registered at a time, or on the property at any time.
(e)Parking and access must be provided in accordance with this By-law.
“crematorium”Land use description: “crematorium” means a place for incinerating corpses in a furnace, and includes—
(a)ancillary facilities such as a chapel and offices; and
(b)a “garden of remembrance” or a “wall of remembrance”.
Development parameters:Development parameters applicable to “industry” apply.“double dwelling unit”Land use description: “double dwelling unit” means—
(a)a building designed as a single architectural entity that appears as a single dwelling unit, containing two dwelling units on one land unit, not smaller than 800m²; and
(b)does not include a second dwelling.
Development parameters:
(a)Coverage
The coverage may not exceed 50%.
(b)Floor space
There may not be more than 10% difference in the floor space of the two dwelling units and the total floor space of each of the two units may not exceed 250 m² per unit.
(c)Height
(i)The height of a double dwelling unit may not exceed 8,5 metres in all cases.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Building lines:
(i)The street building line is at least 4 metres.
(ii)The side building line is at least 3 metres.
(iii)The rear building line is at least 2 metres.
(iv)The general building line encroachments in this By-law apply.
(e)Window and door placement
Any portion of a building which contains an external window or door facing onto a common boundary must—
(i)be set back at least 1,5 metres from such boundary; and
(ii)the portion of building to be set back from the boundary must include the door or window, together with the additional length of wall as is required to make up a total minimum length of 3 metres.
(f)Garages, carports and outbuildings
(i)A garage, carport and outbuildings are permitted within the common boundary building line provided that the garage and carport do not—
(aa)exceed a height of 4 metres;
(bb)contain more than a double garage façade; and
(cc)exceed a length if 12 metres and width of 6,5 metres.
(ii)For land units of 650 m² and less, -
(aa)a garage or carport erected parallel to the street boundary is permitted up to 1,5 metres from the street boundary;
(bb)a garage or carport erected perpendicular to the street boundary is permitted up to 5,5metres from the street kerb;
provided the garage or carport—
(iii)For land units exceeding 650 m², a garage or carport may not be closer than 5 metres from the street boundary, notwithstanding the street building line.
(aa)does not exceed a height of 4 metres;
(bb)does not contain more than a double garage façade; and
(cc)does not exceed a length and width of 6,5 metres.
(iv)Notwithstanding subparagraphs (ii) and (iii), a garage or carport may be erected within the street boundary building line if, in the opinion of the Municipality, compliance with the street boundary building line is not practical due to steep slopes of the ground between the road and the property concerned. The Municipality must determine the street boundary building line in such a case.
(g)Parking and access
Parking and access must be provided in accordance with the requirements of this By-law. Both dwelling units must obtain vehicle access from and to a street and each dwelling unit is limited to a maximum of two garages per dwelling unit.
(h)Refuse room and/or service yard
The Municipality may require a refuse room and/or service yard to be provided on the land unit(s) concerned, in accordance with this By-law.
(i)Connection
The two units must be connected by means of a communal wall of the dwelling, and connected garages, outside lapas and braai areas may not be used to satisfy this requirement.“dwelling unit”Land use description: “dwelling unit” means a building containing only one dwelling unit, together with such outbuildings as are ordinarily used with a dwelling unit, including:
(a)a storeroom and garaging;
(b)a second dwelling unit or additional dwelling, with a floor area which does not exceed 60 m², provided that application for consent use must be submitted if the second dwelling or additional dwelling unit is larger than 60m²;
(c)a braai room;
(d)renewable energy structures for household purposes;
(e)letting to lodgers;
(f)a bed and breakfast establishment; and
(g)home child care.
Development parameters:
(a)Height
(i)The height of a dwelling unit may not exceed 8,5 metres in all cases.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(b)Coverage and building lines
(i)Building lines are at least the distance indicated in the table entitled “Coverage and building lines” from the relevant erf boundary:
Coverage and building lines
Erf size Coverage Building lines
Street Side Rear
Less than or equal to 250 m² 80 % 2 metre 0 metre on one side1 metre on all othersides 1 metres
Greater than 250 m², butnot exceeding 500 m² 200m² or 65%whichever is greater 3 metres 0 metre on one side1.5 metres on all othersides 1,5 metres
Greater than 500 m², butnot exceeding 1 000 m² 325m² or 50%whichever is greater 4 metres 2 metres 2 metres
Greater than 1 000 m² 500 m² or 40%,whichever is greater 5 metres 3 metres 3 metres
(ii)The general building line encroachments in this By-law apply.
(iii)The Municipality may permit a relaxation of the lateral and/or rear building lines in the case of a dwelling unit in Single Residential Zone I, provided that an adequate means of access, at least 1 metre wide, is provided from a street to every un-built open portion of the property.
(c)Single Residential Zone III
In the case of a “dwelling unit” in Single Residential Zone III, the development parameters pertaining to coverage, height and building lines of “shelter” apply.
(d)Window and door placement
Any portion of a building which contains an external window or door facing onto a common boundary must—Single Residential Zone III(ii) the portion of building to be set back from the boundary must include the door or window, together with the additional length of wall that is required to make up a total minimum length of 3 metres.
(e)Garages, carports and outbuildings
(i)A garage, carport and outbuildings are permitted within the common boundary building line provided that the garage and carport do not—
(aa)exceed a height of 4 metres;
(bb)contain more than a double garage façade; and
(cc)exceed a length of 12 metres and width of 6,5 metres.
(ii)For land units of 650 m² and less, -
(aa)a garage or carport erected parallel to the street boundary is permitted up to 1,5 metres from the street boundary;
(bb)a garage or carport erected perpendicular to the street boundary is permitted up to 5,5 metres from the street kerb;
provided the garage or carport—
(aa)does not exceed a height of 4 metres;
(bb)does not contain more than a double garage façade; and
(cc)does not exceed a length and width of 6,5 metres.
(iii)For land units exceeding 650 m², a garage or carport may not be closer than 5 metres from the street boundary, notwithstanding the street building line.
(iv)Notwithstanding subparagraphs (ii) and (iii), a garage or carport may be erected within the street boundary building line if, in the opinion of the Municipality, compliance with the street boundary building line is not practical due to steep slopes of the ground between the road and the property concerned. The Municipality must determine the street boundary building line in such a case and approve it in accordance with a SDP and conditions of approval;
(v)Garages attached to the second dwelling unit will be regarded as coverage/size of the second dwelling unit;
(vi)No more than two outbuildings will be allowed per cadastral unit.
(f)Parking and access
(i)Parking and access must be provided on the land unit in accordance with this By-law.
(ii)Where a dwelling unit is occupied by unrelated persons as defined in (b) the definition of “family”, provision must be made for parking in accordance with the parking requirements for a boarding accommodation.
(g)GaragingGaraging for up to four vehicles is permitted.
(h)General
The minimum size of a dwelling shall be 80m² for Erven above 500m² (garage/outbuilding excluded).In addition to the above, the following parameters will be applicable to the following area:Stilbaai:Additional provisions is made, from erf 26 in the north to erf 4467 in the south on the eastern side of Waterkant Street, Stilbaai West:Land use description:
(a)a storeroom and garaging;
(b)a braai room;
(c)renewable energy structures for household purposes; (aesthetically blended in with the buildings)
(d)a bed and breakfast establishment.
Development parameters:
(a)Height
(i)One storey, with the exception of the basement, all buildings may contain a loft;
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(b)Coverage and building lines
(i)The existing coverage of buildings before 1 January 1992, is seen as the maximum permitted coverage, provided that where it is less than 50%, the maximum coverage shall be 50%. In cases where any building are demolished, the coverage for new buildings (dwelling units, additional dwelling units and outbuilding) shall be 50%
(ii)Building lines:Street building lines: 4.5 metresSide building lines 1.5 metresRear building lines: 1.5 metres (except where the rear boundary is situated next to the river or sea, the rear building line can be 0 metres)
(iii)The general building line encroachments in this By-law apply.
(iii)The Municipality may permit a relaxation of the lateral and/or rear building lines in the case of a building, provided that an adequate means of access, at least 1 metre wide, is provided from a street to every un-built open portion of the property.
(c)Window and door placement
Any portion of a building which contains an external window or door facing onto a common boundary must—
(i)be set back at least 1,5 metres from such boundary; and
(ii)the portion of building to be set back from the boundary must include the door or window, together with the additional length of wall that is required to make up a total minimum length of 3 metres.
(e)Site Development Plan
(i)A Site Development Plan is compulsory with all new developments in this zone.
(f)Parking and access
(i)Parking and access must be provided on the land unit in accordance with this By-law.
(ii)At least 2 private parking bays for every independent dwelling unit must be provided, garage included.
(g)Garaging
Garaging for up to four vehicles are permitted.
(h)General
(i)Subdivisions in this zone shall only be considered where houses have already been constructed on such Erven;
(ii)No more than one outbuilding will be allowed per cadastral property in this zone;
“environmental facilities”Land use description: “environmental facilities” means facilities for the management, study, interpretation, education, and public appreciation of a predominantly natural area or heritage site and may include nature trails, but does not include tourist facilities or tourist accommodation.Development parameters:The Municipality must determine the land use restrictions and the development parameters for the property based on the objectives of this zoning and the specific circumstances including adherence with an approved environmental management plan, where applicable.“estate housing”Land use description: “estate housing” means residential housing in a residential estate with access control which have integrated site and design features which are governed by a owners’ association such as golf estates, equestrian estates, eco estates and residential marinas, and includes—
(a)a dwelling unit;
(b)group houses;
(c)town houses;
(d)flats;
(e)a retirement resort;
(f)a hotel;
(g)a restaurant;
(h)a resort shop;
(i)private open space;
(j)private roads; and
(k)parking.
Development parameters:
(a)The Municipality may stipulate conditions with regard to the use of buildings and land, density, height, coverage, layout, building design, open space, landscaping, parking, access and environmental management.
(b)Where no parameters have been stipulated as contemplated in (a), above, the parameters specified in the architectural guidelines, approved by Council, shall apply.
(c)The applicant must submit the following documents and obtain the Municipality’s approval for:
(i)a site development plan;
(ii)a constitution for a owners’ association or governing body;
(iii)architectural guidelines and a proposed system of architectural control; and
(iv)an environmental management plan.
(d)The land must be developed
(i)in accordance with the site development plan, architectural guidelines and environmental management plan as approved by the Municipality; and
(ii)to the satisfaction of the Municipality.
“factory”Land use description: “factory” means property containing an industrial assembly plant used for the manufacture of goods.Development parameters:The development parameters applicable to “industry” apply.“factory shop”Land use description: “factory shop” means property used for the retail sale of goods that are completely or predominantly manufactured in a factory on the property concerned and may include a shop.Development parameters:The development parameters applicable to “industry” apply.The occupant of an industry may operate a factory shop provided that—
(a)the total floor space devoted to the sale of goods may not exceed 10% of the total floor space of all the buildings on the land unit; and
(b)any goods that are offered for sale but have not been manufactured on the property, must be directly connected with the goods that are manufactured on the property.
“farm shop”Land use description: “farm shop” means a building or structure located on a farm, which does not exceed 100 m² in floor space, including storage facilities, where the farmer sells produce grown on the farm and other goods to the general public.Development parameters:The development parameters applicable to “agriculture” apply.“farmers market”Land use description:
(a)“farmers' market” means a predominantly fresh food market where farmers and food producers can sell directly to consumers, farm-origin and associated value-added specialty foods and plant products including—
(i)primary food products;
(ii)seafood, game and foraged foods;
(iii)value-added foods;
(iv)speciality food products;
(v)garden inputs; and
(vi)small livestock;
(b)A farmer’s market—
(i)operates regularly within a community;
(ii)is located at a focal public location that provides a suitable environment for farmers to conduct trade;
(iii)typically consists of booths, tables or stands, outdoors or indoors, where farmers sell farm produce, meats, and sometimes prepared foods and beverages; and
(iv)and may include:
(aa)a subservient component of stalls for the sale of locally produced handmade crafts and arts; and
(bb)live family entertainment, outdoor recreation activities and children’s play area.
Development parameters:The development parameters applicable to “agriculture”, apply together with the following additional parameters:
(a)The Municipality may stipulate conditions with regard to the layout, building design, open space, landscaping, parking, access and environmental management;
(b)The development may only occur in accordance with an approved site development plan.
“flats”Land use description: “flats” means a building containing three or more dwelling units of which at least one does not have a ground floor, together with such outbuildings, open space and private roads as are ordinarily associated with flats.Development parameters:
(a)Coverage
The maximum coverage is 60%.
(b)Floor factor
The floor factor may not exceed 1.
(c)Height
(i)The highest point of a building may not exceed 15 metres to the top of the roof.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Building lines
(i)The street building line is at least 5 metres.
(ii)Side and rear building lines are at least 4,5 metres.
(iii)The general building line encroachments in this By-law apply.
(e)Parking and access
Parking and access must be provided in accordance with this By-law.
(f)Screening
The Municipality may require screening in accordance with this By-law.
(g)Site development plan
The Municipality may require a site development plan to be submitted for its approval.
(h)Institution, place of instruction and place of assembly
The development parameters that apply to “institution”, “place of instruction” and“place of assembly” apply to this use; provided that where the institution, place of instruction or place of assembly is situated within a building which is also used for flats or a boarding accommodation, then the coverage, height and building line requirements for the flats or boarding accommodation apply.
(i)Open space
(i)Every block of flats must have access to an outdoor living area on the land unit, which may include private or communal open space, but excludes roads, service yards and parking area.
(ii)An outdoor living area of at least 10% of the total erf area must be provided; such outdoor living area(s) must be of reasonable proportions and location to allow for leisure or recreational use by residents, and may include open courtyards within the complex.
(j)Service yard
A service yard must be provided on the land unit in accordance with this By-law.
(k)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.
(l)Flats as a consent use in a group housing scheme
The following conditions apply to flats as a consent use right in this zone:
(i)the flats must form an integrated part of a group housing site and must comply with the development parameters for “group housing”;
(ii)the total floor space of flats may not exceed 40% of the total floor space of all buildings on the group housing site; and
(iii)the open space requirement for dwelling units in a group housing site applies;
(m)The minimum erf size for flats are 1500m².
“freestanding base telecommunication station”Land use description: “freestanding base telecommunication station” 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 any access roads to such facility.Development parameters:
(a)Height
(i)The highest point of the structure may not exceed 15 metres in urban areas.
(ii)The height of the structure will be determined as per Site Development Plan in rural areas.
(b)General
(i)Other development parameters applicable to “utility service” apply.
(ii)Only slim line monopoles may be erected in urban areas.
“function venue”Land use description: “function venue” means a building or structure used for functions weddings and expos on what is mainly a rural property.Development parameters:
(a)Development parameters applicable to “agriculture” apply on a rural property, together with the limitation that any function venue in a rural area may not exceed a total floor space of 500 m², which includes all components of the venue;
(b)Development parameters applicable to a “place of assembly” apply in urban areas.
“funeral parlour”Land use description: “funeral parlour” means property where the dead are prepared for burial or cremation and—
(a)includes facilities for ancillary administrative and religious functions; and
(b)does not include a crematorium.
Development parameters:The development parameters applicable to “shop” and “industry” apply.“gambling place”Land use description: “gambling place” means a place where betting and gambling may be undertaken in accordance with a license issued under the relevant Act, and includes premises for totalisators, electronic payout devices and limited payout gambling machines.Development parameters:The following development parameters apply:
(a)The development parameters applicable to “business premises” apply.
(b)The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.
“garden of remembrance”Land use description: “garden of remembrance” is a section of a cemetery or crematorium set aside for the erection of memorial plaques or structures, placing or scattering of ashes.Development parameters:The development parameters applicable to “cemetery” and “crematorium” apply.“group housing”Land use description: “group housing” and “group housing scheme” means a group of separate or linked dwelling units where every dwelling unit has a ground floor, which units may be cadastrally subdivided but are planned, designed and built as a harmonious architectural entity in an ordered way and integrated with communal private open spaces,private roads and parking.Development parameters:
(a)Design principles
All buildings and structures must be planned, designed and built as a harmonious architectural entity and special attention must be given to aesthetics, architectural coordination, urban design and landscaping.
(b)Density
(i)The maximum gross density on a group housing site is 35 dwelling units per hectare.
(ii)The minimum erf size of a group housing site shall be 3000m²
(c)Coverage
The maximum coverage on any individual cadastral group housing site will be 60%.
(d)Height
(i)The height of dwelling units may not exceed 8,5 metres in all cases.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(e)Open space
Within a group housing site, outdoor space of at least 50 m² per dwelling unit must be provided, which may include private or communal open space or any functional outdoor space which is inaccessible to motor vehicles, but excludes roads, service yards and parking areas.
(f)Building lines along the perimeter of a group housing site
The following building lines apply along the perimeter of a group housing site:
(i)a street boundary building line of 5 metres applies where the group housing site abuts an external public street;
(ii)side and rear boundary building lines are 3 metres along the perimeter of the group housing site; and
(iii)the general building line encroachments in this By-law apply.
(g)Building lines within a group housing site
The following building lines apply within a group housing site:
(i)street boundary building lines on internal roads are 0 metres; provided that any garage door facing the road must be set back at least 5 metres from the kerb of such internal road; and
(ii)side and rear boundary building lines within the group housing site are 0 metres, unless the Municipality requires a building line for fire-fighting purposes, in which case the common boundary building lines must be determined by the Municipality.
(h)Parking and access
(i)Parking and access must be provided in accordance with the requirements of this By-law.
(ii)Parking may be provided in the form of communal parking.
(i)Site development plan
A site development plan of the proposed group housing scheme must be submitted to the Municipality for its approval, and, if approved, the development of the group housing site must be substantially in accordance with the approved site development plan. Any deviation from the approved SDP requires an application for amendment of the SDP.
(j)Service yard
Service yard(s) must be provided on the land unit in accordance with this By-law.
(k)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.
(l)General:
(a)No Bed and Breakfast or Guesthouse is allowed in this zoning.
(b)No second dwelling units allowed in this zoning.
(c)The establishment of a Home Owners Association in terms of Section 29 of the Hessequa Municipality: By-law on Municipal Land Use Planning, 2015 is compulsory.
(d)No alienation of individual group housing sites will be allowed under sectional Title.
“guest house”Land use description: “guest house” means a dwelling unit, second dwelling, double dwelling unit or additional dwelling unit which is used for the purpose of supplying lodging and meals to transient guests for compensation, in an establishment which exceeds the restrictions of a bed and breakfast establishment (more than 2 guest rooms or 4 guests), and—
(a)includes business meetings or training sessions by and for guests on the property for up to 12 persons; and
(b)does not include agricultural workers’ accommodation.
Development parameters:The development parameters applicable to “dwelling unit”, “second dwelling” and“additional dwelling unit” apply.The following further parameters apply:
(a)The Municipality may require a site development plan to be submitted for a proposed guest house and the guest house may not open for business until such plan is approved.
(b)The owner of a proposed guest house must live on the property and must get consent use approval from the Municipality before the guest house establishment may open for business.
(c)A register of guests and lodgers must be kept, and completed when rooms are let.
(d)Any new structure or alteration to the property related to its use as a guest house must be compatible with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the dwelling unit, second dwelling, additional dwelling unit or outbuilding concerned.
(e)No more than 6 rooms per land unit may be used for bedroom accommodation for paying guests or lodgers, and no more than 12 paying guests or lodgers may be supplied with lodging or meals at any time.
(f)The requirement in paragraph (e) is also applicable where a land unit contains both a guest house and rooms which are available for letting to lodgers.
(g)No alcoholic beverages may be served except to resident guests for consumption on the premises.
(h)Guest rooms may not be converted to, or used as, separate self-catering dwelling units.
(i)Meals may only be supplied to guests or lodgers who have lodging on the property, employees, and the family residing in the dwelling.
(j)In the absence of a Municipal policy or By-law on outdoor advertising and signage no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area.
(k)No weddings, receptions, conferences, training or any similar activities are permitted in a guest house.
(l)No activities may be carried out which constitute, or are likely to constitute, a source of public nuisance.
(m)On-site parking must be provided in accordance with the provisions of this By-law, provided that the Municipality may at any stage require additional on-site parking if, in the opinion of the Municipality, the guest house does not have enough parking.
“guest lodge”Land use description: “guest lodge” means an appropriately scaled establishment which provides temporary residence and meals for transient guests, lodging and meals are provided and—
(a)includes a small conference/ training facility and also caters for business meetings, and
(b)does not include a restaurant or backpackers’ accommodation.
Development parameters:
(a)Coverage
The maximum coverage is 60%.
(b)Floor factor
The floor factor may not exceed 1.
(c)Height
(i)The highest point of a building may not exceed 8,5 metres from natural ground level to the top of the roof.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Building lines
(i)The street building line is at least 5 metres.
(ii)Side and rear building lines are at least 4,5 metres.
(iii)The general building line encroachments in this By-law apply.
(e)Parking and access
Parking and access must be provided in accordance with this By-law.
(f)Screening
The Municipality may require screening in accordance with this By-law.
(g)Site development plan
The Municipality may require a site development plan to be submitted for its approval.
(h)Open space
(i)Every guest lodge must have access to an outdoor living area on the land unit, which may include private or communal open space, but excludes roads, service yards and parking areas.
(ii)An outdoor living area of at least 10% of the total erf area must be provided;
such outdoor living area(s) must be of reasonable proportions and location to allow for leisure or recreational use by guests and lodgers, and may include open courtyards within the complex.
(i)Service yard
A service yard must be provided on the land unit in accordance with this By-law.
(j)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.
(k)General
(aa)The manager of the guest lodge must live on the property.
(bb)A register of guests and lodgers must be kept, and completed when rooms are let.
(cc)No more than 12 rooms per land unit may be used for bedroom accommodation for paying guests or lodgers, and no more than 24 paying guests or lodgers may be supplied with lodging or meals at any time.
(dd)No alcoholic beverages may be served except to resident guests for consumption on the premises.
(ee)Guest rooms may not be converted to, or used as, separate self-catering dwelling units.
(ff)Meals may only be supplied to guests or lodgers who have lodging on the property, employees, and the family residing in the guest lodge.
(gg)in the absence of a Municipal policy or By-law on outdoor advertising and signage, no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area.
“halfway house”Land use description: “halfway house” means a facility that provides temporary accommodation for persons who have completed a formal treatment programme for substance abuse, but does not include inpatient treatment or similar facilities.Development parameters:The development parameters applicable to “dwelling unit” apply.“harvesting of natural resources”Land use description: “harvesting of natural resources” means the gathering of flora or fauna (living organisms) within a conservation-worthy area for sale or use by a person or agency other than a recognised environmental agency, provided that the harvesting—
(a)is sustainable;
(b)does not deplete the resources below acceptable levels;
(c)is not detrimental to the ecosystem; and
(d)is in accordance with any applicable law.
Development parameters:The development parameters applicable to “agriculture” apply.“helicopter landing pad”Land use description: “helicopter landing pad” means any portion of land, building, structure or part thereof which is demarcated for the purposes of landing or take-off of helicopters or vertical lift-off aircraft.Development parameters:As determined by the Municipality.“home care facility”Land use description: “home care facility” means the use of a dwelling unit, second dwelling, double dwelling unit or a portion thereof to provide permanent or temporary accommodation and care for the retired, or elderly persons in need of frail care, or people in need of health care to recuperate from a medical condition or procedure, provided that —
(a)the scale of the dwelling unit or second dwelling shall not exceed that of a normal dwelling unit which would ordinarily accommodate one family;
(b)the primary uses of the property shall remain a residence for the operator;
(c)no more than 6 persons and three bedrooms be used for such facility; and
(d)the operator of the enterprise shall permanently reside on the property.
Development parameters:
(a)The development parameters applicable to the primary uses apply.
(b)The Municipality must require a site development plan for a home care facility.
“home child care”Land use description: “home child care” means the use of a portion of a dwelling unit or its outbuildings by the occupant to provide day care, after school care or instruction for a limited number of infants or children.Development parameters:
(a)The dominant use of the property must be for accommodation of a single family.
(b)The owner of the home child care activity must live on the property.
(c)Any new structure or alteration to the property to accommodate an additional use right must be compatible with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the dwelling unit, second dwelling, outbuilding, or shelter concerned.
(d)No more than 3 employees may be engaged by the owner for the home child care activity.
(e)No more than 6 children may be enrolled at the home child care facility at a time.
(f)The home child care services must primarily be day care or educational, not medical.
(g)The home child care services may not operate outside the hours 7:00 to 18:00 from Monday to Friday, and from 8:00 to 13:00 on Saturday. No home child care services are permitted on public holidays or Sundays.
(h)Areas for indoor play space and outdoor play space must be provided in accordance with any health requirement or a policy plan as might be approved by the Municipality from time to time, and outdoor play space must be fenced off from any public street or neighbouring property by a 1,8 metre-high fence or wall.
(i)In the absence of a Municipal policy or By-law on outdoor advertising and signage, no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area.
(j)At least one off-street parking bay must be provided, plus one additional parking bay which is suitable for drop off and collection of children. The Municipality may at any stage require additional on-site parking where, in the opinion of the Municipality, the home child care service does not have enough parking for its operations.
“home for the aged”Land use description: “home for the aged” means a building where permanent lodging is provided, with or without meals, to persons who are 50 years of age or older and—
(a)includes—
(i)such outbuildings as are normally used therewith;
(ii)frail care facility;
(b)does not include—
(i)dwelling unit;
(ii)hotel;
(iii)bed and breakfast establishment; or
(iv)flats.
Development parameters:The development parameters applicable to “boarding accommodation”, apply.“home occupation”Land use description: “home occupation” means the practising of an occupation or the conducting of an enterprise by one or more occupants who reside on the property, provided that the dominant use of the property concerned must remain for the living accommodation of the occupants and home occupation does not include a house shop.Development parameters:
(a)The dominant use of the property must be for accommodation of a single family.
(b)The proprietor of the home occupation concerned must live on the property.
(c)Any new structure or alteration to the property to accommodate a home occupation must be compatible with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the dwelling unit, second dwelling or outbuilding concerned.
(d)Not more than three employees may be engaged by the occupant in the home occupation concerned.
(e)No home occupation may include a noxious trade, risk activity, adult entertainment, adult services, adult shop, sale of alcoholic beverages, motor repair garage, funeral parlour or activities that are likely to generate a public nuisance, including but not limited to panel beating and spray painting, auto electrician, builder’s yard, welding works or joinery.
(f)No goods for sale may be publicly displayed and no external evidence of the home occupation may be visible from a public street, except for an advertising sign in accordance with paragraph (g).
(g)In the absence of a Municipal policy or By-law on outdoor advertising and signage no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 0,2 m² in area.
(h)A “place of instruction” may be operated as a home occupation, provided that no more than 6 students may be accommodated at any given time.
(i)No activities may be carried out which constitute or are likely to constitute a source of public nuisance, or generate waste material which may be harmful to the area or which requires special waste removal processes.
(j)Off-street parking must be provided at a ratio of 1 parking bay per 25 m² area used for home occupation. The Municipality may at any stage require additional on-site parking where, in the opinion of the Municipality, there is not enough parking for the home occupation concerned.
(k)The total area used for all home occupation activity on a land unit, including storage, ay not consist of more than 25% of the total floor area of the dwelling units on the land unit or 60 m², whichever is smaller.
(l)The storage of all goods and equipment connected with the home occupation concerned must be inside a building or screened from neighbours and the public street.
(m)Not more than two vehicles may be used in connection with a home occupation, and no one vehicle may exceed 3 500 kg in gross weight.
(n)The hours of operation of a home occupation may not extend beyond 8:00 to 18:00 from Monday to Friday, and 8:00 to 13:00 on Saturday. No home occupation operations are permitted on public holidays or Sundays.
(o)The Municipality may, at any stage, call for a cessation of the home occupation activity or impose conditions in order to minimise any potential nuisance to surrounding neighbours or the general public.
(p)When “home occupation” is approved as a consent use right in any zone, the development parameters of “home occupation” apply over and above the development parameters of the relevant land use allowed as a primary right in the zone.
(q)In order to exercise the consent use right under paragraph (o), the owner must obtain the written consent, where applicable, of the relevant owners’ association or Body Corporate, or all the owners within a housing scheme if the owners’ association or Body Corporate is not functioning.
“hospital”Land use description: “hospital” means a place for the diagnosis and treatment of human illness, with integrated facilities such as operating theatres and live-in accommodation for patients and may include—
(a)a clinic;
(b)medical consulting rooms;
(c)a pharmacy;
(d)a subservient restaurant; and
(e)a shop.
Development parameters:The development parameters applicable to “place of instruction” apply.“hotel”Land use description: “hotel” means a property used as a temporary residence for transient guests, where lodging and meals are provided, and—
(a)includes—
(i)a restaurant or restaurants;
(ii)conference, entertainment facilities and a chapel that are subservient and ancillary to the dominant use of the property as a hotel;
(iii)premises which are licensed to sell alcoholic beverages for consumption on the property;
(iv)flats;
(v)a wellness centre;
(vi)a boarding accommodation, and
(b)does not include—
(i)a liquor store;
(ii)a backpackers’ accommodation;
(iii)a dwelling unit.
Development parameters:The development parameters applicable to “business premises” apply with the following concession:
(a)Where it is proposed to erect a hotel of at least 13 bedrooms within this zone, the following portions of such hotel must be disregarded when calculating the total floor space of the building:
(i)rooms which are used by residents and visitors as dining rooms, banqueting rooms, bars, restaurants, ballrooms, rooms for games and sports, lounges, sitting rooms, reading rooms, writing rooms and conference rooms;
(ii)public foyers and areas comprising public or communal stoeps, verandahs, balconies, terraces or sun decks used by hotel residents or visitors;
(iii)barber shops, hairdressing salons, florists and similar enterprises within the hotel for the exclusive use of hotel residents;
(iv)offices forming part of the hotel premises, used solely for the administration and management of the hotel;
(v)kitchens, sculleries, laundries and similar service facilities forming part of the hotel premises;
(vi)storerooms appurtenant to the hotel; and
(vii)staff quarters appurtenant to the hotel, including corridors, stairs and other means of access within such staff quarters, including all kitchens, dining rooms, recreation rooms, laundries and other such rooms for the exclusive use of staff.
(b)If, in the opinion of the Municipality, a room is primarily for the use of persons other than hotel residents, staff or visitors, the room must be included in the floor space calculation of the building notwithstanding that it may be referred to in paragraph (a(i) to (vii), and any rooms which are not specifically referred to in paragraph (a)(i) to (vii) must also be included in the floor space calculation of the building.
“house shop”Land use description: “house shop” means the conducting of a retail trade from a dwelling unit, second dwelling, shelter or outbuilding by one or more occupants who must reside on the property; provided that the dominant use of the property must remain for the living accommodation of the occupants.Development parameters:
(a)Development parameters applicable to “dwelling unit”, “second dwelling” and “shelter” apply.
(b)Any new structure or alteration to the property to accommodate the “house shop” must be reconcilable with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the
“dwelling unit”, “second dwelling” or “shelter”.“industrial hive”Land use description: “industrial hive” means a complex of uniformly designed buildings, containing a mix of retail and manufacturing activities, and arranged in an orderly manner around common spaces, which may include—
(a)common parking and access;
(b)light industry;
(c)service trade;
(d)storage facilities;
(e)service station;
(f)restaurant; and
(g)open air motor vehicle display.
Development parameters:The development parameters applicable to “light industry” apply.“industry”Land use description: “industry” means a property used as a factory and in which an article or part of such article is made, manufactured, produced, built, assembled, compiled, printed, ornamented, processed, treated, adapted, repaired, renovated, rebuilt, altered, painted (including spray painting), polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed, chilled, frozen or stored in cold storage; including offices, caretaker’s quarters, factory shop or other uses which are subservient and ancillary to the use of the property as a factory; and—
(a)includes—
(i)an industrial hive;
(ii)builder’s yard
(iii)funeral parlour;
(iv)service station;
(v)transport usage;
(vi)renewable energy structures;
(vii)rooftop base telecommunication station;
(viii)freestanding base telecommunication station;
(ix)warehouse and agricultural industry; and
(b)does not include a noxious trade, scrap yard or risk activity.
Development parameters:
(a)Floor factor and coverage
(i)The floor factor may not exceed 1,5.
(ii)The maximum coverage is 75%.
(b)Height
(i)The highest point of a building may not exceed 18 metres to the top of the roof.
(ii)The highest point of a stack of shipping or transport containers stored outside a building may not exceed 15 metres above average ground level.
(iii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(c)Street boundary building line
The street boundary building line is 0 metres, with a street centreline setback of at least 8 metres.
(d)Side and rear boundary building lines
Side and rear boundary building lines are 0 metres, provided that the Municipality may lay down side and rear building lines of up to 3 metres in the interest of public health and/or safety.
(e)Boundary walls
Where a land unit has a common boundary with another land unit that is not zoned Industrial Zone II or Industrial Zone III, the Municipality may require a 1,8 metre-high wall to be erected, to the satisfaction of the Municipality, along the common boundary.
(f)Parking and access
Parking and access must be provided on the land unit in accordance with this By-law.
(g)Loading
Loading bays must be provided on the land unit in accordance with this By-law.
(h)Screening
The Municipality may require screening in accordance with this By-law.
(i)Hazardous substances
Notwithstanding the fact that an activity constitutes a primary uses right in terms of this zone, no activity or use which includes the on-site storage of hazardous substances may be permitted unless a risk management and prevention plan has been submitted to the Municipality for its approval. Such a risk management and prevention plan must include guidelines approved by the Municipality to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences of any dangerous event involving such hazardous substances.
(j)Industrial hive
The same development management provisions which apply to an industrial hive under “light industry” apply to an industrial hive in this zone.
(k)Site development plan
The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.
(l)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.“informal trading”Land use description: “informal trading” means the legal selling of products in areas demarcated by the Municipality specifically for these purposes, including markets and other areas demarcated in accordance with the Municipality’s informal trading policy or By-law.Development parameters:As determined by the Municipality.“institution”Land use description: “institution” means a property used as a facility that renders services to the community—
(a)including—
(i)hospital;
(ii)clinic;
(iii)home for the aged, retired, indigent or handicapped, frail care facility;
(iv)a social facility such as a counselling centre, orphanage and rehabilitation centre; and includes:
(v)ancillary accommodation, administrative, convenience shop, health care, training and support services and facilities;
(b)does not include a correctional facility.
Development parameters:Development parameters applicable to “place of instruction” apply.“intensive animal farming”Land use description: “intensive animal farming” means—
(a)the breeding, feeding and keeping, on an intensive basis, of animals or poultry confined to buildings, or structures; and
(b)does not include the breeding, feeding and keeping of wildlife.
Development parameters:Development parameters applicable to “agriculture” apply.“intensive horticulture”Land use description: “intensive horticulture” means the culture of plants on an intensive scale, including:
(a)the culture of plants under a roof or in greenhouses; and
(b)the sale of self-produced plants on a property.
Development parameters:Development parameters applicable to “agriculture” apply.“light industry”Land use description: “light industry” means—
(a)an industry, not being a hazardous or offensive industry or involving use of hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise;
(b)involves manufacturing that is less capital-intensive and requires less machinery than other types of manufacturing; and
(c)includes—
(i)the manufacturing of consumer products, including electronics and clothing;
(ii)warehousing;
(iii)industrial hive;
(iv)renewable energy structure;
(v)service trade;
(vi)service station;
(vii)caretaker’s quarters;
(viii)restaurant;
(ix)open air motor vehicle display
(x)rooftop base telecommunication station;
(xi)freestanding base telecommunication station
(xii)agriculture industry.
Development parameters:
(a)Floor factor
The maximum floor factor on the land unit is 1,5.
(b)Coverage
The maximum coverage for all buildings on a land unit is 75%.
(c)Height
(i)No building may exceed a height of two storeys.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Street building line
The street building line is at least 5 metres.
(e)Side building line
The side building line is at least 3 metres.
(f)Rear building line
The rear building line is at least 3 metres.
(g)Boundary walls
Where a land unit has a common boundary with another land unit which is not zoned for industrial purposes, the Municipality may require a 1.8 metre-high wall to be erected to the satisfaction of the Municipality, along the common boundary.
(h)Parking and access
Parking and access must be provided in accordance with this By-law.
(i)Loading bays
Loading bays must be provided in accordance with this By-law.
(j)Screening
The Municipality may require screening in accordance with this By-law.
(k)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.
(l)Hazardous substances
No activity which includes storage of on-site hazardous substances may be permitted unless a risk management and prevention plan has been submitted to the Municipality for its approval. Such a risk management and prevention plan must include guidelines approved by the Municipality to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences of any dangerous event involving such hazardous substances.
(m)Site development plan
A site development plan must be submitted to the Municipality for its approval.
(n)Industrial hive
The following additional development parameters apply for an industrial hive, namely:
(i)the design principles which are reflected in the definition of “industrial hive” must be closely followed and implemented;
(ii)special attention must be given to aesthetics, architectural coordination, urban design and landscaping; and
(iii)the Municipality may impose conditions specifying limits on the mix of retail and manufacturing activities, and the industrial hive may not allocate more than 50% of the total floor space to retail activities, shops or associated uses.
“liquor store”Land use description: “liquor store” means an establishment where the dominant use is the retail sale of alcoholic beverages, for consumption off the property.Development parameters:The development parameters applicable to “shop” apply.“medical consulting rooms”Land use description: “medical consulting rooms” means an office or offices and ancillary rooms used by a registered medical professional for human medical or medical-related consultation, where such office is not attached to a hospital or clinic.Development parameters:The development parameters applicable to “office” apply.“mine”Land use description: “mine” means mine as defined in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) and includes extracting gas for market production purposes.Development parameters:The following development management provisions apply:
(a)The owner must comply with national and provincial statutory requirements applicable to mining.
(b)Any application to rezone land to Industrial Zone IV must contain an explanation of the measures that will be implemented to address safety and environmental concerns which may be imposed as conditions of approval by the Municipality, including but not limited to:
(i)control of drainage, sedimentation and erosion;
(ii)preservation of surface and substance water;
(iii)preservation of topsoil;
(iv)provision for restoration and the re-use of the site;
(v)provision for noise and visual buffering;
(vi)accommodation of heavy traffic and vehicles on roadways; and
(vii)a phased programme for rehabilitation.
(c)A site development plan must be submitted to the Municipality for its approval.
“mobile home”Land use description: “mobile home” means a transportable structure which is designed so that it can be used as a permanent dwelling and which has the necessary service connections for a permanent dwelling.Development parameters:As determined by the Municipality.“motor repair garage”Land use description: “motor repair garage” means a commercial enterprise where motor vehicles are provided with fuel or major services including engine overhauling, spray-painting, panel beating, blacksmithery, exhaust fitment, shock absorber fitment or body work, and includes a service station.Development parameters:The development parameters applicable to “shop” apply. The following additional development parameters apply:
(a)A site development plan must be submitted to the Municipality for its approval.
(b)Any part of the property of a motor repair garage which is used for the repair of motor vehicles, the storage of inoperable motor vehicles or parts of motor vehicles, empty containers such as oil drums and packing cases, or any other scrap, must be enclosed with a solid screen wall at least 2 metres high, or contained in a building.
(c)Any motor repair garage that supplies fuel must comply with the following access requirements:
(i)the width of motor vehicle carriageway crossings over the street boundary, whether one-way or two-way, may not exceed 8 metres;
(ii)a wall, at least 100 millimetres thick and 350 millimetres high, must be erected on the street boundary between different motor vehicle carriageway crossings, and such a wall must continue along such boundary unless the property is otherwise enclosed;
(iii)the motor vehicle carriageway crossings must be limited to two per site unless the total length of a street boundary exceeds 30 metres, in which case one additional motor vehicle carriageway crossing may be permitted;
(iv)at the point where it crosses the street boundary, a motor vehicle carriageway crossing may not be closer than:
(aa)30 metres to the intersection of a provincial road and with any other road of a similar status;
(bb)30 metres to the nearest point of an intersection where traffic is controlled, or is proposed to be controlled, by a traffic signal or traffic island;
(cc)10 metres the corner of an intersection not described in items (aa) and (bb), if such intersection is not splayed, or 5 metres from the point where the splay meets the road boundary if such intersection is splayed; and
(dd)1,5 metres from a side boundary; and
(v)no fuel pump shall be erected so that the base or island on which the pump stands is less than 3,5 metres from the nearest street boundary.
“multiple parking garage”Land use description: “multiple parking garage” means a place, excluding a road, street and on-site parking associated with a primary or consent use, that is used for parking of motor vehicles by the public, with or without a fee, and may include parking within a building.Development parameters:Development parameters applicable to “business premises” apply.“nature conservation area”Land use description: “nature conservation area” means the use and management of land with the objective of preserving the natural biophysical characteristics of that land, such as the fauna and flora and includes:
(a)a dwelling unit on a property zoned solely Open Space Zone III;
but does not include tourist facilities, tourist accommodation or agriculture.Development parameters:
(a)The Municipality may require an environmental conservation plan to be submitted for its approval.
(b)The Municipality must determine the land use restrictions and the development parameters for the property based on the objectives of this zoning, the particular circumstances of the property and, where applicable, in accordance with an approved environmental management plan.
(c)One dwelling unit is allowed if no dwelling unit exists on another portion of the land unit zoned for agriculture purposes or if the full extent of the land unit is zoned Open SpaceIII.
(d)When a consent use to provide tourist facilities in a “nature conservation area” is approved, it is subject to conditions laid down by the Municipality with regard to layout, landscaping and building design.
(e)A site development plan must be submitted to the Municipality for its approval, clearly indicating the position of all structures, services and internal roads.
“nature reserve”Land use description: “nature reserve” means a national park or some other nature area that is owned by an organ of state or remains in private ownership and has been declared as a nature reserve or has a similar status in terms of legislation; it consists of an area which is utilised as a game park or reserve for fauna and flora in their natural habitat that
(a)includes environmental facilities and worker accommodation; and
(b)does not include accommodation facilities for tourists or holiday makers.
Development parameters:
(a)An environmental management plan must be submitted to the Municipality, SANParks and/ or CapeNature for their approval.
(b)SANParks and / or Cape Nature must, in consultation with the Municipality, determine the land use restrictions and the development parameters for the property based on the objectives of this zoning, the particular circumstances of the property, and in accordance with an approved environmental management plan.
(c)When consent use(s) to provide tourist facilities or tourist accommodation in a “nature reserve” are approved, conditions must be laid down with regard to density, layout, landscaping, and building design.
(d)A site development plan must be submitted to the Municipality for its approval, clearly indicating the position of all structures, stands, services and internal roads.
“neighbourhood shop”Land use description: “neighbourhood shop” means a property used for the retail sale, principally, of convenience goods to the public and providing service almost exclusively to the inhabitants of a specific neighbourhood and its surrounding area, and
(a)Includes laundrette, hair salon, medical practitioner, clinic, restaurant, flats above ground floor and rooftop base telecommunication station; and
(b)does not include a liquor store; shop, supermarket; service trade or office.
Development parameters:The development parameters applicable to “shop” apply.Despite the zero side and rear building lines, a 3-metre side or rear building line applies where a land unit zoned Business Zone III (neighbourhood shop) abuts on a residential zone.“noxious trade”Land use description: “noxious trade” means an industry which is offensive, poisonous or potentially harmful use or activity which, because of fumes, emissions, smell, vibration, noise, waste products, nature of material used, processes employed, or other cause, is considered by the Municipality to be a potential source of danger, nuisance or offence to the general public or persons in the surrounding area and includes
(a)an abattoir;
(b)a crematorium;
(c)renewable energy structure;
(d)rooftop base telecommunication station; and
(e)freestanding base telecommunication station.
Development parameters:The following development parameters apply:
(a)Floor factor
The maximum floor factor on the land unit is 2.
(b)Coverage
The maximum coverage for all buildings on the land unit is 75%.
(c)Height
(i)No height restriction applies to buildings used for a noxious trade, risk activity or manufacturing in this zone.
(ii)Buildings not used for noxious trade, risk activity or manufacturing purposes may not exceed a height of 18 metres to the top of the roof.
(iii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(iv)The highest point of shipping or transport containers, when stored or stacked outside a building connected with a noxious trade, may not exceed 15 metres above average ground level.
(d)Building lines
(i)The street boundary building line is at least 5 metres.
(ii)The side and rear boundary building lines are at least 5 metres.
(e)Parking and access
Parking and access must be provided on the land unit in accordance with this By-law.
(f)Loading
Loading bays must be provided on the land unit in accordance with this By-law.
(g)Screening
The Municipality may require screening on the land unit in accordance with this By-law.
(h)Boundary walls
Where a land unit has a common boundary with another land unit that is not zoned Industrial Zone II or Industrial Zone III, the Municipality may require a 1,8 metre-high wall to be erected along the common boundary, of which the quality and finishing must be to the satisfaction of the Municipality.
(i)Hazardous substances
Notwithstanding the fact that an activity constitutes a primary uses right in terms of this zone, no activity or use which includes the on-site storage of hazardous substances is permitted unless a risk management and prevention plan has been submitted to the Municipality for its approval. Such a risk management and prevention plan must include guidelines approved by the Municipality to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences of any dangerous event involving such hazardous substances.
(j)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.
(k)Site development plan
The Municipality may require a site development plan to be submitted for its approval.“occasional use”Land use description: “occasional use” means a temporary departure granted by the Municipality for a specific occasion or event that may include
(a)craft markets;
(b)circuses;
(c)religious gatherings;
(d)film shoots;
(e)builder’s yards;
(f)seasonal camping sites; and
(g)other outdoor events.
Development parameters:The following development parameters apply:
(a)The applicant must provide parking and toilet facilities to the satisfaction of the Municipality.
(b)The temporary activities may not extend for a continuous period of more than 30 days.
(c)Notwithstanding paragraph (b) the Municipality may determine a longer period for a builder’s yard.
(d)The approval may be withdrawn by written notice to the applicant if any condition of approval is not be complied with or if, in the opinion of the Municipality, the occasional use concerned creates a public nuisance.
“office”Land use description: “office” means property used for the conducting of an enterprise primarily concerned with administrative, clerical, financial or professional duties, and includes
(a)medical consulting rooms;
(b)clinic;
(c)convenience shop.
Development parameters:The following development parameters apply:
(a)Floor factor
The floor factor may not exceed 1.
(b)Coverage
Coverage may not exceed 60%
(c)Street centre line setback
The municipality may require that all buildings or structures on the land unit are set back at least 6,5 metres from the centre line of the abutting street or streets.
(d)Height
(i)The highest point of a building may not exceed 11 metres from average ground level to the top of the roof.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(e)Building lines
(i)The street building line is at least 5 metres.
(ii)The side and rear building lines are at least 3 metres.
(iii)Notwithstanding subparagraph (ii), the side building lines for properties smaller than 650 m² must be 0 metres for the first 12 metres measured perpendicular from street boundary; 0 metres for 60% of total remaining linear distance along all side and rear boundaries around the land unit; and 3 metres for the remainder.
(iv)The general building line encroachments in this By-law apply.
(f)Garages and carports
(i)A garage or carport is permitted within the common boundary building line provided the garage or carport
(aa)does not exceed 4 metres to the top of the roof; and
(bb)does not contain more than a double garage façade with a maximum length of 12 metres and width of 6,5 metres.
(ii)For land units exceeding 650 m², a garage or carport may not be closer than 5 metres from the street boundary, notwithstanding the street building line.
(g)Parking and access
Parking and access must be provided on the land unit in accordance with this By-law, except in a case where the Municipality has approved alternative parking supply under subsection 43(1).
(h)Loading
Loading bays must be provided on the land unit in accordance with this By-law.
(i)Screening
The Municipality may require screening in accordance with this By-law.
(j)Canopy or balcony projection
Canopy and balcony projections for “business premises” apply.
(k)Refuse room
The Municipality may require a refuse room to be provided on the land unit in accordance with this By-law.“off-road trail”Land use description: “off-road trail” means a series of roads, tracks and routes designed for recreational use
(a)and includes buildings and facilities normally required for the administration and maintenance of the trail; and
(b)does not include tourist accommodation; or tourist facilities.
Development parameters:The development parameters applicable to “agriculture” apply.“open air motor vehicle display”Land use description: “open air motor vehicle display” means the display of motor vehicles for the purpose of trading under open air where such area does not form part of a covered showroom and where shade cloth shall not be construed as a permanent method of covering.Development parameters:The development parameters of “shop”, apply“outdoor trading and dining”Land use description: “outdoor trading and dining” means the regular and daily use of land in an outdoor setting for the selling of goods and food, and includes outdoor dining and seating, and where such activities typically takes place in the open air, and/or from temporary structures such as stalls, tents or caravans, and may also take place in permanent open structures which provide protection from the elements whilst in an open-air setting.Development parameters:
(a)The Municipality must require a site development plan for outdoor trading and dining.
(b)The site development plan as approved by the Municipality constitutes the development parameters.
(c)The provisions for a site development plan in this By-law apply.
“place of assembly”Land use description: “place of assembly” means
(a)a place which has a civic function to serve the social and community needs of an area, which may attract people in relatively large numbers and which is not predominantly a commercial enterprise
(b)including a civic hall, concert hall, indoor sports centre, gymnasium, sport stadium, and club house; and
(c)does not include a place of entertainment, or conference facility.
Development parameters:Development parameters applicable to “place of instruction” apply.“place of entertainment”Land use description: “place of entertainment” means a place used predominantly for commercial entertainment and may include a bar, stage or live music, one or more dance floor areas, a DJ booth and which may attract relatively large numbers of people, operate outside normal business hours or generate noise from music or revelry on a regular basis; and includes—
(a)club;
(b)dance club;
(c)disco;
(d)electronic or mechanical playing devices,
(e)nightclub; and
(f)place of leisure.
Development parameters:The following development parameters apply:
(a)As determined by the Municipality.
(b)The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.
“place of instruction”Land use description: “place of instruction” means
(a)a place for education or training at pre-school, school or post-school levels, including
(i)crèche;
(ii)nursery school;
(iii)primary school;
(iv)secondary school;
(v)college;
(vi)university; or
(vii)research institute; and
(b)includes the following ancillary uses
(i)a boarding hostel;
(ii)sports and recreation centre;
(iii)a civic facility for the promotion of knowledge to the community, including-
(aa)a public library;
(bb)place of worship;
(cc)public art gallery;
(dd)museum;
(ee)place of instruction in sport where the main objective is instruction rather than participation of the public as competitors or spectators; and
(c)does not include a reformatory or a conference facility.
Development parameters:
(a)Floor factor
The maximum floor factor is 1,2.
(b)Coverage
The maximum coverage is 60%.
(c)Height
(i)The highest point of a building to the top of the roof may not exceed 12 metres, provided that there is no height limit for a bell tower, steeple, minaret or similar architectural feature designed to accentuate the significance of a building.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Building lines
(i)The street building line is at least 5 metres.
(ii)Side and rear building lines are at least 5 metres.
(iii)The general building line encroachments in this By-law apply.
(e)Parking and access
Parking and access must be provided on the land unit in accordance with this By-law.
(f)Loading baysLoading bays must be provided on the land unit in accordance with this By-law.
(g)ScreeningThe Municipality may require screening in accordance with this By-law.
(h)Noise mitigationThe Municipality may require the owner to install noise mitigation measures if excessive noise is created or likely to be created.
(i)Refuse room
A refuse room must be provided on the land unit in accordance with this By-law.“place of leisure”Land use description: “place of leisure” means a place used predominantly for commercial leisure activities that may attract relatively large numbers of people, operate outside normal business hours or generate noise from such activities on a regular basis, including
(a)a cinema;
(b)theatre;
(c)amusement park / centre;
(d)dance hall;
(e)ball room hall;
(f)gymnasium;
(g)sport centre;
(h)skating rink;
(i)pool room;
(j)pub;
(k)indoor sport and recreation centre; and
(l)outdoor sport and recreation centre.
Development parameters:The following development parameters apply:
(a)As determined by the Municipality.
(b)The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.
“place of worship”Land use description: “place of worship” means a church, synagogue, mosque, temple, chapel or other place for practising a faith or religion, and
(a)Includes ancillary uses such as a religious leader’s dwelling, crèche, office, function hall, or place for religious instruction; and
(b)does not include a funeral parlour, cemetery or crematorium.
Development parameters:Development parameters applicable to “place of instruction” apply.“plant nursery”Land use description: “plant nursery” means a property used for one or more of the following uses as a commercial enterprise:
(a)cultivation of plants;
(b)sale of plants; and
(c)sale of gardening products and gardening equipment
Development parameters:Development parameters applicable to “agriculture” apply.“private open space”Land use description: “private open space” means land not designated as public open space which is used primarily as a private site for sport, play, rest or recreation, or as a park or nature conservation area and
(a)includes ancillary buildings, infrastructure, and public land which is or will be leased on a long term basis; and
(b)does not include shops, restaurants and gymnasiums.
Development parameters:The following development parameters apply:
(a)The Municipality must require a site development plan to be submitted for its approval.
(b)The site development plan as approved by the Municipality constitutes the development parameters for a primary uses, if applicable, and a consent use.
“private parking”Land use description: “private parking” means property which is reserved exclusively for parking purposes, where the parking is not normally accessible to the general public.Development parameters:A site development plan must be submitted to the Municipality for its approval. The site development plan as approved constitutes the development parameters for such private parking.“private road”Land use description: “private road” means privately owned land which provides vehicle access to a separate cadastral property or properties; and
(a)includes utility services and ancillary access control infrastructure, including a gatehouse, guardhouse, refuse room and utility room; and
(b)does not include a driveway on a property, or a servitude right of way over a property as these do not constitute private roads for the purpose of this zoning scheme.
Development parameters:As determined by the Municipality.“prospecting”Land use description: “prospecting” means the first stage of physical search for minerals, fossils, precious metals or mineral specimens and may be granted as a temporary departure from this By-law by the Municipality since it does not constitute a primary, consent or occasional use right in terms of this By-law.Development parameters:As determined by the Municipality.“public open space”Land use description: “public open space”
(a)means land, with or without access control
(i)owned by the Municipality or other organ of state;
(ii)not leased out by the Municipality or that other authority on a long-term basis,
(ii)set aside for the public as an open space for recreation or outdoor sport and designated as public open space; and
(b)includes nature area, park, playground, public or urban square, picnic area; public garden, ancillary buildings and infrastructure.
Development parameters:The following development parameters apply:
(a)The Municipality must require a site development plan to be submitted for its approval.
(b)The site development plan as approved by the Municipality constitutes the development parameters for a primary uses and a consent use, if the latter is applicable,
“public parking”Land use description: “public parking” means property that is accessible to the general public for parking purposes with or without a fee and/or access control.Development parameters:A site development plan must be submitted to the Municipality for its approval. The site development plan as approved constitutes the development parameters for such public parking.“public street”Land use description: “public street” means any land, owned by or vesting in the Municipality, indicated on an approved plan, diagram or map as having been set aside as a public thorough way for vehicles and pedestrians,; and includes—
(a)open public parking areas;
(b)sidewalks;
(c)those parts of a public place that are travelled parts;
(d)informal trading ; and
(e)appropriate and necessary street furniture and infrastructure, including reticulation networks, which does not present any threat to the safety or obstruct or inhibit free movement of pedestrians.
Development parameters:A site development plan must be submitted to the Municipality for its approval. The site development plan as approved constitutes the development parameters for such public street.“quarry”Land use description: “quarry” means a place from which dimension stone, rock, construction aggregate, riprap, sand, gravel or slate is excavated from the ground. A quarry is a type of open-pit mine that produces building materials and dimension stone.Development parameters:
(a)Development parameters applicable to “agriculture” together with additional parameters determined by the Municipality apply.
(b)If a quarry is approved as a consent use in Agricultural Zone I, the consent may only be granted for the number of years equal to the expected lifetime of the quarry concerned.
(c)The owner must comply with national and provincial statutory requirements applicable to mining.
(d)Any application to rezone land to Industrial Zone IV must contain an explanation of the measures that will be implemented to address safety and environmental concerns which may be imposed as conditions of approval by the Municipality, including but not limited to:
(i)control of drainage, sedimentation and erosion;
(ii)preservation of surface and substance water;
(iii)preservation of topsoil;
(iv)provision for restoration and the re-use of the site;
(v)provision for noise and visual buffering;
(vi)accommodation of heavy traffic and vehicles on roadways; and
(vii)a phased programme for rehabilitation.
(e)A site development plan must be submitted to the Municipality for its approval.
“rehabilitation centre”Land use description: “rehabilitation centre” means a facility providing treatment for substance abuse.Development parameters:Development parameters applicable to “place of instruction” apply.“renewable energy structure”Land use description: “renewable energy structure”
(a)means 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
(b)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, excluding electrical grid connections.
Development parameters:
(a)Height
(i)The maximum height of a renewable energy structure is technology dependent.
(ii)The height of buildings may not exceed 8,5 metres from natural ground level to the top of the roof.
(b)SetbackIn the case of a wind turbine the setback is
(i)A distance equal to 1,5 times the overall blade tip height of the turbine, measured from the nearest residential, commercial or critical agricultural structures such as animal housing, outbuilding, store rooms, excluding structures such as water troughs, feed dispensers, and windmills;
(ii)a distance of 100m from the cadastral boundary of the land unit, unless the renewable energy structure straddles two or more cadastral boundaries, in which case no setback applies;
(iii)a distance of 100m from any public road or private or public right of way, unless it provides access to the turbine;
(iv)a distance of 100m from any electrical infrastructure; and
(v)a distance of 1000m from towns, settlements or urban areas.
(c)Site development plan
(i)A site development plan must be submitted to the Municipality for its approval.
(ii)The site must be surveyed and the exact delineation of the construction footprint must be shown in the site development plan.
(iii)To the extent necessary, any relevant measures contained in these regulations must be incorporated into the site development plan submitted to the Municipality for approval.
(d)Land clearing, soil erosion and habitat impact
(i)The clearing of natural vegetation is limited to that which is necessary for the construction, operation and maintenance of the renewable energy structure as regulated by applicable environmental legislation.
(ii)Wind turbines, solar structures, access roads and other infrastructure must be located to minimise damage to natural vegetation, water courses and wetlands.
(iii)All land cleared which does not form part of the footprint of a renewable energy structure must be rehabilitated according to a rehabilitation plan for the land concerned, approved by the Municipality.
(iv)Constructing or operating the renewable energy structure may not cause soil erosion, and any high-risk erosion areas must be rehabilitated by the operator, to the satisfaction of the Municipality.
(v)The applicant must prove, to the satisfaction of the Municipality, that planning for the renewable energy structure concerned has taken into account and mitigated the risk of all impacts in respect of, and necessary distances which should be maintained from, wetlands, water bodies, threatened ecosystems, mountains, ridges, hills, coastal buffers, settlements, telecommunication towers, transmission towers and power lines.
(vi)The applicant must provide exact coordinates relevant to land clearing, soil erosion and habitat impact to assist the Municipality to evaluate the risk of possible negative environmental impacts of the renewable energy structure concerned.
(e)Noise, air quality and nuisanceThe renewable energy structure will not exceed a noise limit of 45 dB(A) during the night and 55 dB(A) during the day, at the nearest dwelling.
(f)Finishing, colour and design
(i)A wind turbine structure must be treated with a neutral, non-reflective exterior colour and designed to blend in with the surrounding natural environment, to the satisfaction of the Municipality.
(ii)A solar structure must minimise any adverse effects related to its reflective surfaces and must be designed and built in a way that mitigates this impact, as required by the Municipality.
(g)Appurtenant structures
(i)All appurtenant structures to a renewable energy structure prescribed by the Municipality concerning bulk, height, yard sizes, building lines, open space, parking and building coverage requirements are subject to applicable By-laws.
(ii)Appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and sub-stations must be architecturally compatible with the receiving environment as required by the Municipality, and contained within a renewable energy structure site development plan submitted for approval by the Municipality.
(iii)Appurtenant structures may only be used for the storage of equipment or other uses directly related to the operation of the particular facility with which they are associated.
(iv)Appurtenant structures must be screened from view by indigenous vegetation or be joined and clustered to minimise adverse visual impacts.
(h)Lighting
(i)A renewable energy structure or any part of such a structure may only be lit for safety and operational purposes and the lighting must be appropriately screened from abutting land units.
(ii)A renewable energy structure must comply with the lighting air safety requirements of the South African Civil Aviation Authority in terms of the Civil Aviation Act, 2009 (Act 13 of 2009).
(i)Signage and advertisingSigns on renewable energy structures must comply with national and local signage regulations and be limited to signage necessary to—
(i)identify the operator;
(ii)provide 24-hour emergency contact numbers; and
(iii)provide warning of any dangers associated with the structure;
No commercial advertising, including advertising for the provider or operator, may be displayed on any renewable energy structure.
(j)Maintenance
The owner is responsible for maintaining a renewable energy structure in good condition, including any access road, unless deemed a public way, and for paying the cost of repairing any damage resulting from construction or operation.Maintenance includes—
(i)painting;
(ii)structural repairs;
(iii)rehabilitation measures; and
(iv)the upkeep of security and safety measures.
(k)Modification
Any modification to a renewable energy structure, excluding inconsequential in situ technical improvements, made after approval and which is not in accordance with the approval and its conditions, requires authorisation from the Municipality within the parameters of these regulations by means of—
(i)the amendment of approved conditions;
(ii)a new consent use approval;
(iii)amendment of the approved site development plan; or
(iv)amendment of the approved building plan.
(l)Decommissioning
(i)Any renewable energy structure and associated infrastructure which has reached the end of its productive life or has been abandoned, including buildings, cables and roads, must be removed by the owner.
(ii)A renewable energy structure is considered abandoned when the structure fails to continuously operate for more than two years.
(iii)When a renewable energy structure is scheduled to be decommissioned or operations have been discontinued or it has been abandoned, the land owner must, by registered mail, notify the Municipality within 30 days after the operation ceased, and of plans for removal of the structure and infrastructure referred to in subparagraph (i).
(iv)The owner is responsible for the removal of the structure in all its parts, within 150 days after the date of discontinued operation, or as agreed upon by the Municipality after submission of a plan for decommissioning. The Municipality may, for reasons which are justifiable in its opinion, grant an extension of the deadline for removing the structure and its parts. The land must then be rehabilitated by the owner, to the satisfaction of the Municipality, to the condition prescribed in the approved environmental management plan and the approved decommissioning plan.
(v)Decommissioning must include, inter alia—
(aa)the removal of all renewable energy structures and appurtenant structures, including equipment, bases, foundations, security barriers and transmission lines directly related to the renewable energy;
(bb)disposal of all solid and hazardous waste in accordance with provincial and local waste disposal regulations; and
(cc)the stabilisation and re-vegetation of the site with indigenous vegetation to minimise erosion.
(vi)The Municipality may, in order to minimise erosion and disruption to natural vegetation and habitats, grant permission to the owner to depart from the decommissioning plan in respect of removing landscaping, underground foundations or other underground components, provided these do not cause any pollution.
(vii)Prior to the construction of the renewable energy structure commences, the owner must make financial provision or an alternative reasonable arrangement, to the satisfaction of the Municipality, for protection against failure at any time after site construction has started for the rehabilitation or management of negative environmental impact of decommissioning or of abandonment in the event of the owner being unable to fulfil necessary financial obligations.
(viii)If the owner fails to remove the structure or its parts in accordance with the requirements of these regulations within 150 days of abandonment or the date of decommissioning or an approved extension date, the Municipality may enter the property and remove the structure and its parts, and to recover all removal costs incurred from the owner.
(ix)If the owner fails to meet the requirements of subparagraph (i), the Municipality may, after written notice to the owner, use all or part of the financial provision or other provision referred to in subparagraph (vii) to rehabilitate or manage the negative environmental impact concerned, or to remove the facility.
“resort shop”Land use description: “resort shop” means a shop that provides for the daily needs of transient guests of a holiday resort or camping site.Development parameters:The floor space of a resort shop may not exceed 120 m².“restaurant”Land use description: “restaurant” means a commercial establishment where meals and liquid refreshments are prepared or served or 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 for consumption off the property.Development parameters:Development parameters as applicable to “business premises” apply.“retirement resort”Land use description: “retirement resort” means estate housing, flats, group housing or town housing that conforms to the following additional conditions:
(a)each dwelling unit must be occupied by a retiree or pensioner or by a family of which at least one member is a retiree or pensioner; and
(b)a full spectrum of frail care and other facilities reasonably associated with a retirement resort may be provided at such a retirement resort.
Development parameters:Development parameters applicable to the primary land use apply.“riding school”Land use description: “riding school” means a place or undertaking for the leasing of horses and riding instructions against payment, and includes the care and stabling of the horses.Development parameters:Development parameters as applicable to “agriculture” apply.“risk activity”Land use description: “risk activity” 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 explosion, and includes major hazardous installations and activities involving dangerous and hazardous substances that are controlled in terms of national legislation.Development parameters:Development parameters applicable to “agriculture” apply.“rooftop base telecommunication station”Land use description: “rooftop base telecommunication station” means a support structure 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.Development parameters:The general provisions of section 31 of this By-law apply.“scrap yard”Land use description: “scrap yard” means a property which is utilised for one or more of the following purposes:
(a)storing, depositing or collecting of junk or scrap material or articles the value of which depend mainly or entirely on the material used during their manufacture;
(b)the dismantling of second-hand vehicles or machines to recover components or material; and
(c)the storage or sale of second-hand parts, poles, steel, wire, lumber yards, tyres, bricks, containers or other articles which are suited to being left in the open.
Development parameters:Development parameters applicable to “industry” apply.“second dwelling”Land use description: “second dwelling” means another dwelling unit which may, in terms of this By-law, be erected on a land unit where a dwelling unit is also permitted; and such second dwelling may be a separate structure or attached to an outbuilding or may be contained in the same structure as the dwelling unit; provided that –
(a)a second dwelling may only be erected in a use zone where provision has been made in column 2 of the table set out in Schedule 1 for a second dwelling unit as a consent use; and
(b)the second dwelling must remain on the same land unit as the dwelling unit and not be alienated separately, and
(c)a site development plan must be submitted to the municipality for its approval.
Development parameters:The development parameters applicable to “dwelling unit” apply, together with the following additional parameters:
(a)The total floor space of a second dwelling unit may not exceed 150 m², which includes the floor space of all ancillary buildings.
(b)A second dwelling must be constructed in a style that is similar to the architecture of the main dwelling unit.
(c)A second dwelling that is a separate structure to a dwelling unit may not exceed a height of 6,5 metres to the top of the roof.
(d)A second dwelling that is contained within the same building as a dwelling unit must be designed so that the building appears to be a single dwelling unit; both units may have a ground floor, or one unit may be on the ground floor and the other unit above.
(e)The existence of a second dwelling may not in itself be sufficient reason for the Municipality to grant an application in terms of planning law to subdivide the land unit containing the dwelling units.
(f)The construction of a second dwelling may be subject to the Municipality’s municipal services department certifying that adequate services network capacity is available to serve the needs of the second dwelling.
“service station”Land use description: “service station” means property for the retail supply of fuel, and
(a)may include uses such as washing of vehicles, a convenience shop and a restaurant; and
(b)does not include spray-painting, panel beating, motor repair garage, open air motor vehicle display or truck stop.
Development parameters:The development parameters applicable to “shop” apply. The following additional development parameters apply:
(a)A site development plan must be submitted to the Municipality for its approval. The site development plan must at least address matters pertaining to vehicle access, risk management of fuel pumps and fuel storage areas, screening and minimising any visual intrusion or operational disturbance with adjoining properties.
(b)Any part of the property of a service station which is used for the repair of motor vehicles, the storage of inoperable motor vehicles or parts of motor vehicles, empty containers including oil drums and packing cases, or any other scrap, must be enclosed by a solid screen wall at least 2 metres high, or contained within a building.
(c)Any service station must comply with the following access requirements:
(i)the width of motor vehicle carriageway crossings over the street boundary, whether one-way or two-way, may not exceed 8 metres;
(ii)a wall, at least 100 millimetres thick and 350 millimetres high, must be erected on the street boundary between different motor vehicle carriageway crossings, and the wall must continue along the boundary unless the property is otherwise enclosed;
(iii)the motor vehicle carriageway crossings must be limited to two per site unless the total length of a street boundary exceeds 30 metres, in which case one additional motor vehicle carriageway crossing may be permitted;
(iv)at the point where it crosses the street boundary, a motor vehicle carriageway crossing may not be closer than
(aa)30 metres to the intersection of a provincial road and with any other road of a similar status;
(bb)30 metres to the nearest point of an intersection where traffic is controlled, or is proposed to be controlled, by a traffic signal or traffic island;
(cc)10 metres from the corner of an intersection not referred to in items (aa) or (bb) if such intersection is not splayed, or 5 metres from the point where the splay meets the road boundary if such intersection is splayed; and
(dd)1,5 metres from a side boundary.
(d)No fuel pump may be erected so that the base or island on which the pump stands is less than 3,5 metres from the nearest street boundary.
“service trade”**Land use description:V “service trade” means an enterprise which is—
(a)primarily involved in the rendering of a service for the local community including the repair of household appliances or the supply of household services;
(b)not likely to be a source of disturbance to surrounding properties;
(c)employs at most 10 people;
(d)not likely, in the event of fire, to cause extremely rapid combustion, give rise to poisonous fumes or cause explosions;
(e)includes laundry, bakery, dairy depot, and similar types of uses; and
(f)does not include an abattoir, brick-making site, builder’s yard, sewage works, service station, open air motor vehicle display or motor repair garage.
Development parameters:The development parameters applicable to “shop” apply.“shelter”Land use description: “shelter” means a unit of accommodation, intended for human occupation with such outbuildings as are ordinarily used with a dwelling unit, constructed of any material whatsoever, even though the material may not comply with the standards of durability intended by the National Building Regulations; and includes—
(a)renewable energy structures for household purposes;
(b)a bed and breakfast establishment; and
(c)home child care.
Development parameters:
(a)It is the sole responsibility of the occupant or owner of the shelter to ensure the structural, habitability, fire resistance or other standards of a shelter.
(b)The Municipality may instruct any occupant or owner of a shelter to take action to remedy a public safety, health or fire risk.
(c)The dominant use of the unit must remain residential.
(d)No noxious trade, risk activity, adult entertainment, adult services or adult shop is permitted in a shelter.
(e)No activities may be carried out in a shelter which constitute or are likely to constitute a source of nuisance, including the use of equipment that generates excessive noise, or any activity which results in the generation of dust, fumes, smoke, or waste material which could be detrimental to health, or which requires special waste removal processes.
(f)The Municipality may, at any stage, call for a cessation of the land use or activity, or impose conditions in order to minimise any potential nuisance to surrounding neighbours or the general public.
(g)Coverage
There is no restriction on coverage.
(h)Height
A shelter structure may not exceed two storeys and its height is restricted to 8,5 metres to the top of the shelter.
(i)Building lines
(i)Side building lines are at least 1 metre on one side or 1,5 metres in the case where the shelter has windows or doors.
(ii)If a midblock sewage system is present, a rear building line of up to 2 metres may be required by the Municipality.
(iii)The street building line is 1 metre, if required by the Municipality.
“shooting range”Land use description: “shooting range” means an enclosed indoor facility or demarcated outdoor area designed, built or constructed and utilised by a person as a firing range with targets for the usual, regular, and primary activity of controlled firearm practice, shooting competitions, or firearm training on a commercial basis, and
(a)may be restricted to certain types of arms, handguns or rifles, or can specialize in certain shooting sports;
(b)must be constructed or designed in such a way, or where the improvements, size, geography, and vegetation of the area are such that any misdirected shot, that can reasonably be expected to be fired towards the targets, would not reasonably be expected to leave the range or otherwise pose a threat to life or property; and
(c)may include ancillary activities, buildings and structures.
Development parameters:
(a)The Municipality must require a site development plan for a shooting range.
(b)The site development plan as approved by the Municipality constitutes the development parameters.
(c)The provisions for a site development plan in this By-law apply.
“shop”Land use description: “shop” means property used for the retail sale of goods and services to the public, and
(a)includes a retail concern where goods which are sold in such a concern are manufactured or repaired, a funeral parlour, flats above ground floor, service trade, ancillary sale of alcoholic beverages, clinic and the sale of motor vehicles; and
(b)does not include a hotel, industry, supermarket, motor repair garage, open air motor vehicle display, service station, restaurant, adult entertainment, adult services, adult shop or a liquor store.
Development parameters:The following development parameters apply:
(a)Floor factor
The maximum floor factor on the land unit is 1.
(b)Coverage
The maximum coverage of all buildings on a land unit is 75%.
(c)Height
(i)The maximum height of a building is 12 metres to the top of the roof.
(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.
(d)Street centreline setback
The Municipality may require a street centreline setback, in which case all buildings or structures on the land unit must be set back 8 metres from the centre line of the abutting public street or streets.
(e)Street boundary building line
The street boundary building line is 0 metres, subject to the following conditions:
(i)the street centreline setback restriction in subparagraph (d);
(ii)minor architectural and sunscreen features may project beyond the street boundary building line provided that such features do not project more than 250 millimetres beyond the street boundary; and
(iii)for service stations, the street boundary building line is 5 metres subject to the general building line encroachments in this By-law.
(f)Side and rear boundary building lines
The side and rear boundary building lines are 0 metres.
(g)Canopy projection
The Municipality may approve a canopy projection over the street boundary in accordance with the following conditions:
(i)The canopy may not project nearer than 500 millimetres to a vertical plane through the kerb line or proposed kerb line.
(ii)No portion of a canopy projection may be less than 2,8 metres above the pavement.
(iii)The Municipality may lay down more restrictive requirements relating to the dimensions, design and materials of the canopy.
(iv)The owner must enter into an encroachment agreement with the Municipality in the case of a canopy projection.
(h)Street corners
The Municipality may require that the owner of a building which is to be situated at a public street corner, and which the Municipality considers to be significant, must incorporate in the building architectural features which focus visual interest on the corner, and which emphasise the importance of pedestrian movement around the corner; and such features may include building cut-offs, walk-through covered arcades, plazas or other elements.
(i)Parking and access
Parking and access must be provided on the land unit in accordance with this By-law, except in a case where the Municipality has approved alternative parking supply under subsection 43(1).
(j)Loading
Loading bays must be provided on the land unit in accordance with this By-law.
(k)Screening
The Municipality may require screening in accordance with this By-law.
(l)Repair or manufacturing concern in a shop
The floor space relating to any manufacturing or repair concern in a shop may not comprise more than 40% of the floor space of the shop.
(m)Refuse room
The Municipality may require a refuse room to be provided on the land unit in accordance with this By-law.
(n)When a shop is approved as a consent use in Business Zone V, the total floor space of the shop or shops may not exceed 5% of the floor space of the building.
“smallholding”Land use description: “smallholding” means an extensive landholding, including a dwelling unit that is primarily a place of residence on which small scale agricultural activities may take place.Development parameters:Development parameters applicable to “agriculture” apply, except for the following:building lines: 5 metres from any boundary;Area: 4 hectares and smaller, but not smaller than 4000m².General: A site development plan must be submitted to the municipality for its approval."sports and recreation centre"Land use description: "sports and recreation centre" means an outdoor or indoor sports and recreation facility which may be public or privately owned and which may include sports grounds and fields, golf courses, a sports stadium, as well as ancillary and subservient facilities and amenities like a clubhouse with a restaurant and shop, gymnasium, ablution facilities, stores, and related administrative buildings.Development parameters:
(a)The Municipality must require a site development plan for a sports and recreation centre.
(b)The site development plan as approved by the Municipality constitutes the development parameters.
(c)The provisions for a site development plan in this By-law apply.
“supermarket”Land use description: “supermarket” means a shop having a total floor space in excess of m², in which a range of goods, including foodstuff and household goods, is offered for sale on a predominantly self-service basis.Development parameters:Development parameters applicable to “shop” apply.“telecommunication infrastructure”Land use description: “telecommunication infrastructure” means any part of the infrastructure of a telecommunication network for radio or wireless communication and—
(a)includes voice, data and video telecommunications, which may include antennae; and any support structure, equipment room, radio equipment or optical communications equipment (laser or infra-red);
(b)includes any ancillary structures needed for the operation of telecommunication infrastructure; and
(c)does not include fibre optic installations and point-to-point copper (cable) installation and rooftop base telecommunication stations.
Development parameters:As determined by the Municipality.“tourist accommodation”Land use description: “tourist accommodation” means a harmoniously designed and built holiday development, used for holiday or recreational purposes, whether in private or public ownership, that—
(a)consists of a single enterprise that provides overnight accommodation by means of short-term rental or time sharing only;
(b)may include the provision of a camping site, caravan park, chalets or mobile home park, resort shop, rooftop base telecommunication station, private or public roads; and
(c)does not include a hotel or wellness centre.
Development parameters:
(a)The parameters of the existing lawful development apply as land use restrictions with regard to land which is deemed to be zoned as a resort zone with effect from the date of commencement of the Land Use Planning Act.
(b)When land is rezoned to Resort Zone, the Municipality must lay down conditions with regard to density, layout, landscaping, and building design.
(c)A site development plan must be submitted to the Municipality for its approval, clearly indicating the position of all structures, stands, services and internal roads.
(d)Provided that if a hotel or wellness centre is approved as a consent use within Resort Zone, the following additional conditions apply:
(i)Rooms may not be alienated by means of sectional title.
(ii)The hotel may not accommodate more than 50% of the number of accommodation units.
(iii)The architectural design of the hotel or wellness centre must conform to that of the rest of the resort.
(iv)The maximum height for the hotel or wellness centre is 6,5 metres to the wall plate in all cases and 8,5 metres to the top of the roof in the case of a pitched roof.
“tourist facilities”Land use description: “tourist facilities” means amenities for tourists or visitors and—
(a)includes lecture rooms, restaurants, gift shops, restrooms, farmers market and recreational facilities; and
(b)does not include an off-road trail, a hotel, wellness centre; or tourist accommodation.
Development parameters:Development parameters applicable to “agriculture” apply.“town housing”Land use description: “town housing” means a row or group of linked or attached dwelling units, planned, designed and built as a harmonious architectural entity of which every dwelling unit has a ground floor and which dwelling units may be cadastrally subdivided.Development parameters:The development parameters of “group housing” apply, provided that:
(a)Density
The maximum gross density on a town housing site is 60 dwelling units/hectare.
(b)Open space
The open space requirements for group housing do not apply to town housing.
(c)Coverage
The maximum coverage for all buildings on a land unit is 60%.“transport use”Land use description: “transport use” means the use of land, a building or structure for the operation of a service for the transportation of goods (including liquids and gases) or passengers by means of rail, road, sea or pipeline and—
(c)Includes the use of that land, building or structure for the purpose of a harbour, railway station, bus depot or taxi interchange, and a transport undertaking; and
(d)Includes a public-private undertaking including a railway station, bus depot, multiple parking garage, taxi rank, public transport interchange, rooftop base telecom-munication station, harbour and ancillary purposes; and
(c)does not include an airport, airfield; or helicopter landing pad.
Development parameters:Development parameters applicable to “business premises” apply.“truck stop”Land use description: “truck stop” means a facility with direct access from a freeway, inner city road or major transport route which provides a range of rest, service and fuelling facilities for heavy duty, long haul vehicles and trucks, andDevelopment parameters:Development parameters are determined by the Municipality by means of conditions of approval for a truck stop as a consent use, provided that—
(a)the Municipality must require a site development plan to be submitted for its approval; and
(b)the site development plan must at least address matters pertaining to accommodation, vehicle access, placement of overnight parking and ablution facilities/rest rooms, screening and minimising any visual intrusion or operational disturbance to adjoining properties.
“urban agriculture”Land use description: “urban agriculture” means the cultivation of crops, on relatively small areas within the urban area or edge, for own consumption or sale in neighbouring markets; provided that cultivation of a garden by an occupant is not regarded as urban agriculture for the purpose of this zoning scheme.Development parameters:As determined by the Municipality.“utility service”Land use description: “utility service” means a use or infrastructure that is required to provide engineering and associated services for the proper functioning of urban development and—
(a)includes “authority use”;
(b)a water reservoir and purification works, electricity substation, storm water retention facilities, and a waste-water pump station and treatment works, rooftop base telecommunication station and freestanding base telecommunication station; and
(b)renewable energy structures or transport use; and
(c)provided that a road is not regarded as a utility service.
Development parameters:As determined by the Municipality.“wall of remembrance”Land use description: “wall of remembrance” is a wall in a cemetery or crematorium provided for the placement of inscribed tablets commemorating deceased persons.Development parameters:Development parameters applicable to “cemetery” and “crematorium” apply.“warehouse”Land use description: “warehouse” means a building used primarily for the storage of goods, except those that are offensive or dangerous and
(a)includes property used for business of a predominantly wholesale nature, and
(b)does not include property used for business of a predominantly retail nature.
Development parameters:Development parameters applicable to “industry” apply.“wellness centre”Land use description: “wellness centre” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments such as massages, rehabilitation, exercise programmes, diet, instruction on wellness, life coaching, and facials which includes
(a)facilities like saunas, pools, steam rooms, gymnasiums, treatment rooms, relaxation areas and whirlpools; and
(b)the provision of meals to guests.
Development parameters:Development parameters applicable to “tourist accommodation” apply.“winery”Land use description: “winery” means a place where wine is made, and may include a selling point to the general public and wine-tasting area.Development parameters:Development parameters applicable to “agriculture” apply.

Schedule 3

HEADING HEADING OVERLAY ZONES APPROVED IN TERMS OF SECTION 16

1. Subdivisional area overlay zone

1.1General purpose of Subdivisional Area Overlay ZoneThe subdivisional area overlay (SAO) zoning designates land for future subdivision with development rights by providing development directives through specific conditions as approved in terms of this By-law. The SAO zoning confirms the principle of development and acceptance of future subdivision of land; but not the detailed layout, which will be determined when an actual application for subdivision is approved.
1.2Use of the propertyLand zoned as a subdivisional area may be subdivided as contemplated in the Municipal Planning By-law.
1.3Development parametersWhen the municipality approves a subdivisional area overlay zone, it must impose conditions making provision for at least—
(a)density requirements;
(b)main land uses and the extent of such uses; and
(c)a detailed phasing plan or a framework including—
(i)main transport routes;
(ii)main land uses;
(iii)bulk infrastructure;
(iv)requirements of organs of state;
(v)public open space requirements; and
(vi)physical development constraints.

2. Special planning area overlay zone

2.1General purpose of special planning area overlay zoneThe general purpose of a package of plans is to provide for a mechanism to plan and manage the development of large or strategic urban development areas which also provides for a greater degree of flexibility. The package of plans mechanism is a phased process of negotiation, planning and approvals, where appropriate levels of planning detail are approved together with conditions for those approvals.A special planning area overlay zone is generally created in respect of an application which involves a mixed use development proposal or where the development does not generally comply with the development parameters of the applicable land uses of this zoning scheme.
2.2Use of the property
2.2.1Primary uses are as stipulated in the conditions of approval imposed in terms of the Municipal Planning By-law.
2.2.2Consent uses are as stipulated in the conditions of approval imposed in terms of the Municipal Planning By-law.
2.3Development parameters
2.3.1The Municipality must require a package of plans as set out in section 2.3.4 of Schedule 3 to be submitted for areas zoned as special planning area overlay zones.
2.3.2The applicant must, during pre-application discussions with the Municipality, ascertain whether a package of plans procedure has to be followed.
2.3.3The development parameters of the lowest order package of plans as contemplated in section 2.3.2 of Schedule 3 and as approved by the Municipality are the development parameters of the special planning overlay zone applicable to the property concerned
2.3.4The package of plans consists of the following components that are listed in a hierarchy from higher-order to lower-order plans, and the lower-order plans must be in compliance with the higher-order plan:
(a)Contextual framework
(i)The contextual framework lays down broad land use policy for the development and the surrounding area.
(ii)It may include principles or heads of agreement summarising the general obligations of the Municipality and the developer in relation to the development.
(iii)The contextual framework may be prepared by the Municipality, or by a land owner or development agency under supervision of the Municipality, and may not be in conflict with a spatial development framework or structure plan approved by the Municipality.
(b)Development framework
(i)The development framework must identify overall policy, broad goals, and principles for development within the development.
(ii)The development framework must identify the range of uses, general spatial distribution of uses, major transport and pedestrian linkages, infrastructure and any limits to development within the development, including but not limited to density and floor space.
(c)Precinct plans
(i)Precinct plans apply to specific areas within the development framework that have common features, functional relationships or phasing requirements.
(ii)There may be several precinct plans that make up a development area.
(iii)A precinct plan must describe in more detail the development objectives and intentions for a specific area in the development, as well as principles for urban form, land use, pedestrian links, traffic movement, floor space and environmental management.
(d)Subdivision plans
(i)Subdivision plans, if required, must be processed in terms of planning law to establish new cadastral boundaries and to facilitate the transfer of land units.
(ii)Subdivision plans may be approved at any stage after the development framework has been approved, and the provisions of section 15(2) apply to such plans.
(e)Site development plans
(i)Site development plans depict more detailed design and development provisions for one or more land units within a development.
(ii)These provisions may include (but are not limited to) details relating to land use, floor space, building lines, height, parking requirements, municipal services and landscaping, as well as details relating to the position and appearance of buildings, open space, pedestrian links and traffic movement.
(iii)A site development plan may be required before or after a subdivision plan, and must provide for the information as required for a site development plan in terms of this By-law.
(f)Building plans
(i)Building plans contain detailed specifications as required by the National Building Regulations.
(ii)Building work may only commence once building plans have been approved by the Municipality.
2.3.5The Municipality may require all or only some of the components of the package of plans to be applied in respect of a particular development.
2.3.6The Municipality may require that the area covered by a contextual framework must extend beyond the land under consideration if, in its opinion, the proposed development will have a wider impact, and the Municipality may determine the extent of that area.
2.3.7In approving a package of plans, the Municipality must determine the total floor space or density permitted within the development which must be imposed as a condition of approval.
2.3.8The allocation of floor space must take into account the carrying capacity of internal and external infrastructure including roads and utility services, and any urban design principles approved by the Municipality as part of a rezoning or contextual framework.
2.3.9The approved floor space may remain as “floating floor space” assigned to the overall development for later allocation, or may be assigned to particular precincts when a precinct plan is approved; and in either case must be allocated to individual subdivisions or site development plans.
2.3.10When a special planning area overlay zone and a package of plans is required in terms of this zoning scheme, the relevant components must be submitted to the Municipality for its approval before any development on a land unit can commence, provided that—
(a)the development may not be refused if it is consistent with the development parameters of a base zone, overlay zone, or condition of approval; and
(b)the Municipality may require amendments of detail to the site development plan to address reasonable concerns relating to access, parking, architectural form, urban form, landscaping, environmental management, engineering services or similar concerns.
2.3.11The general provisions contained in this zoning scheme apply with regard to site development plans.

Schedule 4

Zoning Transition Table

Zoning Scheme Regulation RIVERSDAL ZONING SCHEME, 1977 HESSEQUA DRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
RIVERSDAL AGRICULTURAL ZONES
AgriculturalZone I •Agriculture AgriculturalZone I •Agriculture
AgriculturalZone II • Agricultureindustry AgriculturalZone I •Agriculture Industry (consent use)
RESIDENTIAL ZONES
InformalResidentialZone •Shelter SingleResidentialZone III •Shelter
ResidentialZone I •Dwelling unit SingleResidentialZone I •Dwelling unit
• Placeof instruction CommunityZone I • Places of instruction
• Place of public worship(Consent Use) CommunityZone II • Place of public worship
ResidentialZone II • GroupHousing GeneralResidentialZone II • GroupHousing
ResidentialZone III • TownHousing GeneralResidentialZone III • TownHousing
ResidentialZone IV • Flats GeneralResidentialZone IV • Flats
ResidentialZone V • Residential Building Variouszonings • Subject to land use/s
BUSINESS ZONES
BusinessZone I •Business building BusinessZone I •Business premises
BusinessZone II • Shop BusinessZone II • Shop
BusinessZone III •Offices BusinessZone IV •Offices
BusinessZone IV •Warehouse IndustrialZone I • Light Industry (Warehouse)
BusinessZone V • ServiceStation BusinessZone VI •Service Station
INDUSTRIAL ZONES
IndustrialZone I •Industrial IndustrialZone I • LightIndustrial
IndustrialZone II •Noxious Trade IndustrialZone III •Noxious Trade
IndustrialZone III • Mine IndustrialZone IV • Mine
COMMUNITY ZONES
InstitutionalZone I • Placeof instruction CommunityZone I •Placeof instruction
InstitutionalZone II • Placeof public worship UtilityZone • Authority Use (Consent Use)
InstitutionalZone III •Institution UtilityZone • Authority Use (Consent Use)
Zoning Scheme Regulation ZONING SCHEME, 1977 HESSEQUADRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
RIVERSDAL RESORT ZONES
Resort Zone I •Holiday accommodation Resort Zone •Tourist accommodation
Resort Zone II •Holiday housing
OPEN SPACE ZONES
OpensSpace Zone I • Publicopen space OpenSpace Zone I • Publicopen space
OpensSpace Zone II •Private open space OpenSpace Zone II •Private open space
OpenSpace Zone III • Naturereserve OpenSpace Zone IV • Naturereserve
TRANSPORT ZONES
TransportZone I •Transport use TransportZone I •Transport use
TransportZone II • Publicstreet TransportZone II • Publicstreet
TransportZone III • Publicparking TransportZone II • Openpublic parking areas
UTILITY ZONE
AuthorityZone •Authority Use UtilityZone •Authority Zone
SPECIAL ZONE
SpecialZone • None Noprovision made  
UNDETERMINED ZONE
UndeterminedUseZone •Existing uses only UndeterminedUseZone • None
Footnote:> Zonings based on original zoning maps dated 1968 with updates to 1978;> Site investigations undertaken to verify business zonings in CBD and surrounds;> Investigations of decisions available on electronic records;> Verification using file records and available zoning certificates;> Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
STILBAAI STILBAAI ZONING SCHEME, 1989 HESSEQUADRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
AGRICULTURE ZONE
AgricultureZone •Agriculture AgricultureZone I •Agriculture
GENERAL RESIDENTIAL ZONES
ResidentialZone I •Residential unit SingleResidentialZone I •Dwelling unit
ResidentialZone II • DuetResidential unit GeneralResidential Zone I • Double dwelling unit
ResidentialZone III • GroupHouses GeneralResidential Zone II • Grouphousing
ResidentialZone IV • Flats GeneralResidential Zone IV • Flats
ResidentialZone V • Accommodationbuilding Noprovision made
ResidentialZone VI •Historical Housing SingleResidentialZone I • Additional provisions
ResidentialZone VII • Residential Unit, Shelter Single Residential Zone III •Dwelling unit, Shelter
BUSINESS ZONES
BusinessZone I •Business Building BusinessZone I •Business premises
BusinessZone II •Offices BusinessZone IV •Offices
BusinessZone III •Service station BusinessZone VI •Service station
BusinessZone IV •Service Trade BusinessZone VI (Consent Use) •Service Trade
INSTITUTIONAL ZONES
InstitutionalZone I • Placeof instruction CommunityZone I •Placeof instruction
InstitutionalZone II • Houseof worship CommunityZone II • Placeof worship
InstitutionalZone III •Institution CommunityZone III •Institution
RESORT ZONES
ResortZone I •Holiday accommodation ResortZone • Tourist accommodation
ResortZone II •Holiday housing
OPEN SPACE ZONES
OpenSpace Zone I • Publicopen space OpenSpace Zone I • Publicopen space
OpenSpace Zone II •Private open space OpenSpace Zone II •Private open space
OpenSpace Zone III • Naturereserve OpenSpace Zone IV • Naturereserve
TRANSPORT ZONES
TransportZone I •Transport undertaking TransportZone I •Transport use
TransportZone II • Publicparking TransportZone II • Publicparking
TransportZone III • Publicroad TransportZone II • Publicstreet
Zoning Scheme Regulation STILBAAI ZONING SCHEME, 1989 HESSEQUADRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
STILBAAI STREET
Street • Street TransportZone II • Publicstreet
Parking •Private open space OpenSpace Zone II •Private open space
SPECIAL
Special Specialpurposes Noprovision made
UNDETERMINED ZONE
UndeterminedUseZone • None UndeterminedUseZone • None
Foot note:Zonings based on original zoning maps;Site investigations undertaken to verify zonings;Investigations of decisions available on electronic records;Verification using file records and available zoning certificates;Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
Zoning Scheme Regulations SECTION 8 ZONING SCHEME, 1988 HESSEQUA DRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
SECTION 8 AGRICULTURAL ZONES
AgriculturalZone I •Agriculture Agricultural Zone I •Agriculture
AgriculturalZone II •Agriculture industry Agricultural Zone I •Agriculture Industry (consent use)
RESIDENTIAL ZONES
InformalResidential Zone •Shelter•Dwelling unit SingleResidential Zone III •Shelter
ResidentialZone I •Dwelling unit SingleResidentialZone I •Dwelling unit
ResidentialZone II • Grouphouse GeneralResidential Zone II • Grouphousing
ResidentialZone III • Townhouse GeneralResidential Zone III • Townhousing
ResidentialZone IV • Flats GeneralResidential Zone IV • Flats
ResidentialZone V • Residential building Variouszonings • Subject to land use/s
BUSINESS ZONES
BusinessZone I •Business premises BusinessZone I •Business premises
BusinessZone II • Shop BusinessZone II • Shop
BusinessZone III • Neighbourhood Shop
BusinessZone III •Offices BusinessZone IV •Offices
BusinessZone IV •Warehouse IndustrialZone I • Lightindustry
BusinessZone V •Service Station BusinessZone VI •Service station
INDUSTRIAL ZONES
IndustrialZone I •Industry IndustrialZone II •Industry
IndustrialZone II •Noxious trade IndustrialZone III •Noxious trade
IndustrialZone III • Mining IndustrialZone IV • Mine
INSTITUTIONAL ZONES
InstitutionalZone I • Placeof instruction CommunityZone I •Placeof instruction
InstitutionalZone II • Houseof worship CommunityZone II • Placeof worship
InstitutionalZone III •Institution CommunityZone III •Institution
RESORT ZONES
ResortZone I •Holiday accommodation ResortZone •Tourist accommodation
ResortZone II •Holiday housing Non-conforming
OPEN SPACE ZONES
Open Space ZoneI • Publicopen space OpenSpace Zone I • Publicopen space
OpenSpace ZoneII •Private open space OpenSpace Zone II •Private open space
OpenSpace ZoneIII • Naturereserve OpenSpace Zone IV • Naturereserve
Zoning Scheme Regulations ZONING SCHEME, 1988 DRAFT ZONING SCHEME, 2016
Zoning Primary uses Zoning Primary uses
SECTION 8 TRANSPORT AND UTILITY ZONES
TransportZone I •Transport usage TransportZone I •Transport use
TransportZone II • Publicroad TransportZone II • Publicstreet
TransportZone III • Publicparking TransportZone I •Transport use
AUTHORITY ZONE
AuthorityZone •Authority usage UtilityZone •Utility Service Authority Use (consent use)
SPECIAL ZONE
SpecialZone •Special usage Noprovision made
UNDETERMINED ZONE
UndeterminedZone • None UndeterminedUseZone • None
Foot note:No zoning register or maps maintained in Section 8 Zoning Scheme areas;Site investigations undertaken to verify zonings;Investigations of decisions available on electronic records;Verification using file records and available zoning certificates;Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
Zoning Scheme Regulation HEIDELBERG ZONING SCHEME, 1984 HESSEQUA DRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
  AGRICULTURAL ZONES
  AgriculturalZone • Agricultural buildings AgriculturalZone I •Agriculture
  SINGLE RESIDENTIAL ZONES
  Single Residential Zone •Dwelling unit SingleResidentialZone I •Dwelling unit
  InformalResidential Zone •Shelter•Dwelling unit SingleResidential Zone III •Shelter
  GENERAL RESIDENTIAL ZONES
  GeneralResidential Zone •Dwelling units GeneralResidential Zone I • Double dwelling unit
    • Residential buildings GeneralResidential Zone IV • Backpackersaccommodation, Boarding accommodation, Retirement resort (Consent Use)
    • Flats GeneralResidential Zone IV • Flats
    • Guesthouses GeneralResidential Zone V • Guestlodge
HEIDELBERG   • Hotel GeneralResidential Zone VI • Hotel
  SPECIAL RESIDENTIAL ZONE
  SpecialResidential Zone •Special dwellings•Public housing GeneralResidential Zone III • Townhousing
  GROUP HOUSING ZONE
  GroupHousingZone • Group housing GeneralResidential Zone II • Grouphousing
  BUSINESS ZONES
  BusinessZone •Business buildings BusinessZone I • Business premises
    • Hotel BusinessZone I •Business premises
    • Flats above ground floor BusinessZone I •Business premises
    • Residential buildings aboveground floor BusinessZone I •Business premises
  LOCAL BUSINESS ZONES
  LocalBusinessZone • Shops BusinessZone II • Shop
    • Flats above ground floor BusinessZone II • Flats(consent use)
  LIGHT INDUSTRIAL ZONE
  LightIndustrialZone •Light industrial buildings•Warehouses IndustrialZone I • Lightindustry
Zoning Scheme Regulation HEIDELBERG ZONING SCHEME, 1984 HESSEQUA DRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
HEIDELBERG INDUSTRIAL ZONE
IndustrialZone •Industrial buildings IndustrialZone II • Industry
IndustrialZone •Warehouses IndustrialZone I • Light industry
IndustrialZone III • Publicgarages IndustrialZone III • Noxious trade
NOXIOUS INDUSTRY
NoxiousIndustryZone •Offensive trade buildings•Public garages IndustrialZone III •Noxious trade
MOTOR GARAGE
MotorGarageZone •Service station BusinessZone VI •Service Station
WORSHIP ZONE
WorshipZone • Placesof Public worship CommunityZone I • Placeof Public worship
CONSERVATION ZONE
ConservationZone • As described in clause 3.14 OpenSpace III • Nature conservation area
UNDETERMINED ZONE
UndeterminedZone •Existing uses only UndeterminedUseZone • None
Footnote:> Zonings based on original zoning maps from Heidelberg Local Municipality;> Site investigations undertaken to verify zonings;> Investigations of decisions available on electronic records;> Verification using file records and available zoning certificates;> Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
Zoning Scheme Regulation SLANGRIVIER ZONING SCHEME, 1984 HESSEQUA DRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
SLANGRIVIER AGRICULTURAL ZONES
AgriculturalZone • Agricultural buildings AgriculturalZone I •Agriculture
SINGLE RESIDENTIAL ZONES
Single Residential Zone •Dwelling unit SingleResidentialZone I •Dwelling unit
InformalResidential Zone •Shelter•Dwelling unit SingleResidential Zone III •Shelter
GENERAL RESIDENTIAL ZONES
GeneralResidential Zone •Dwelling units GeneralResidential Zone I • Doubledwelling unit
• Residential buildings GeneralResidential Zone IV •Backpackers lodge, Boarding accommodation, Retirement resort (Consent Use)
• Flats GeneralResidential Zone IV • Flats
• Guesthouses GeneralResidential Zone V • Guestlodge
• Hotel GeneralResidential Zone VI • Hotel
SPECIAL RESIDENTIAL ZONE
Special ResidentialZone •Special dwellings•Public housing GeneralResidential Zone III • Townhousing
GROUP HOUSING ZONE
GroupHousingZone • Grouphousing GeneralResidential Zone II • Grouphousing
BUSINESS ZONES
BusinessZone •Business buildings BusinessZone I •Business premises
• Hotel BusinessZone I •Business premises
• Flats above ground floor BusinessZone I •Business premises
• Residential buildings aboveground floor BusinessZone I •Business premises
LOCAL BUSINESS ZONES
LocalBusinessZone • Shops BusinessZone II • Shop
• Flats above ground floor BusinessZone II • Flats(consent use)
LIGHT INDUSTRIAL ZONE
LightIndustrialZone •Light industrial buildings•Warehouses IndustrialZone I • Lightindustry
INDUSTRIAL ZONE
IndustrialZone I •Industrial buildings IndustrialZone II •Industry
IndustrialZone II •Warehouses IndustrialZone I • Lightindustry
IndustrialZone III • Publicgarages IndustrialZone III •Noxious trade
Zoning Scheme Regulation SLANGRIVIER ZONING SCHEME, 1984 HESSEQUADRAFT ZONING SCHEME, 2018
Zoning Primary uses Zoning Primary uses
SLANGRIVIER NOXIOUS INDUSTRY
NoxiousIndustryZone •Offensive trade buildings•Public garages IndustrialZone III •Noxious trade
MOTOR GARAGE
MotorGarageZone •Service station BusinessZone VI •Service Station
WORSHIP ZONE
WorshipZone • Placesof Public worship CommunityZone I • Placeof Public worship
CONSERVATION ZONE
ConservationZone • Asdescribed in clause 3.14 OpenSpace III • Natureconservation area
SPECIAL ZONE
SpecialZone Asdescribed in clause 5.0 Noprovision made
UNDETERMINED ZONE
UndeterminedZone •Existing uses only UndeterminedUseZone • None
Footnote:> Zonings based on original zoning maps from Slangrivier Local Municipality;> Site investigations undertaken to verify zonings;> Investigations of decisions available on electronic records;> Verification using file records and available zoning certificates;> Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.

Schedule 5

ZONING SCHEME FORMULATION AND FINALISATION PROCESS

Inception and initial public participationThe process of drafting an integrated zoning scheme for the Hessequa Municipal area was initiated in 2006. The first draft document, which was based on a Model produced by the Western Cape Provincial Government, was produced in 2007.After intensive scrutiny and inputs by all members of the local planning fraternity the initial Draft Integrated Zoning Scheme Regulations was advertised in the local press and a public open day session was held in June 2009 to obtain comments and inputs from members of the public.Comments were processed and consequent amendments were made to the document after which a final round of public participation was held in August 2011.Approval - processIn 2012 the final draft Integrated Zoning Scheme Regulations were adopted by the Council of Hessequa Municipality to be submitted to the MEC for approval in terms of Section 9 of the Land Use Planning Ordinance, 1985.A planning law reform process had begun in 2012 and the zoning scheme had to be revisited in order to comply with new legislation. As a result of the law reform process, zoning scheme regulation can no longer be adopted by the MEC but it will become municipal By-laws. Council resolved to rescind the former decision to adopt the final draft Integrated Zoning Scheme Regulations and to work in conjunction with the Western Cape Provincial Government in the process of drafting a revised standard zoning scheme.Model - Standard Zoning Scheme By-lawHessequa Municipality worked in close collaboration with the Western Cape Provincial Government throughout the process of drafting a new Standard Zoning Scheme By-law (SZSB) which was to a large extent informed by the former draft Integrated Zoning Scheme Regulations. The WCPG made the final draft SZSB available in March 2016 and the final document was released in June 2016.Public - participationThe first draft HIZSB was advertised in the Provincial Gazette, Nr. 7868 on 31 January 2018. After comments were incorporated in the first draft HIZSB the second draft was advertised in June 2018. The comments received were also addressed and final changes applied to the document.Minor changes were made to the SZSB to ensure consistency between the Hessequa Integrated Zoning Scheme By-law and municipal policies and development frameworks. The public participation in respect of the draft Hessequa Integrated Zoning Scheme By-law (HIZSB) commenced in November 2017 and entailed the following:• A newsletter distributed with municipal accounts to create awareness of the public participation process;• Notices published in the South Cape Forum on 1 February 2018 and 31 March 2018;• Copies of the draft Hessequa Integrated Zoning Scheme By-law and A4 posters and A2 Zoning Maps were posted at all municipal offices;• A notice posted on the municipal website as well as a copy of the draft document and a link to the zoning maps was uploaded to the website;• Notices were broadcasted on Facebook;• Public open day sessions were held on:o 19 March 2018, Civic Hall, Civic Centre, Riversdale;o 20 March 2018, Civic Hall, Civic Centre, Still Bay;o 22 March 2018, Civic Hall, Civic Centre Heidelberg;o 23 March 2018, Community Hall, Gouritsmond;o 26 March 2018, Community Hall, Witsand;o 11 April 2018, Civic Hall, Civic Centre, Albertinia.• Flyers were distributed via the South African Post Office to all registered post boxes and copies of flyers were left at various public offices.Final - adoptionThe final draft Hessequa Zoning Scheme By-law was adopted by the Council of Hessequa Municipality in terms of Section 12 of the Municipal Systems Act, Act 32 of 2000, at a meeting held on 27 June 2018. Final promulgation of the Hessequa Zoning Scheme By-law was published in the Provincial Gazette of ………………..2018.

Schedule 6

TOWN PLANNING AND ZONING SCHEMES REPEALED BY SECTION 33 OF THE LAND USE PLANNING ACT
Title Year
Riversdale Town Planning Regulations September 1985
Still Bay Town Planning Scheme Regulations May 2001
Heidelberg Town Planning Scheme Regulations December 1983
Zoning Scheme Regulations in terms of Section 8 of the Land Use Planning Ordinance, 1985 December 1988
Slangrivier Town Establishment Conditions June 1980
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