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KNYSNA

MUNICIPALITY
INTEGRATED ZONING
SCHEME REGULATIONS

- CONCEPT DOCUMENT -
FOR DISCUSSION PURPOSES ONLY –

SEPTEMBER 2008
KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

NOTE

(a) The copyright of this document is reserved by Marike Vreken Town Planners. No part of this
document may be reproduced, stored in a retrieval system, or transmitted, in any form or by
any means, electronic, mechanical, photocopying, recording, or otherwise without the
written permission of Marike Vreken.

(b) This is a draft document which is subject to amendment and approved as a zoning scheme
in terms of the relevant legislation.

WARNING

At the time of the drafting of this document, the commencement of the Western Cape Planning and
Development Act, 1999 (Act 7 of 1999) (PDA) seemed imminent. However, the PDA has not yet
commenced and, as a result, the Land Use Planning Ordinance, 1985 (15 of 1985) (LUPO) will
remain applicable until the PDA commences.

Pending the commencement of the PDA, references in this document to the provisions of the PDA
should therefore be interpreted as references to the corresponding provisions of LUPO. If no such
corresponding provisions exist, such references should be disregarded but only to the extent to
which they are inconsistent with the provisions of LUPO.

DISCLAIMER OF LIABILITY

Although every care has been taken to ensure that the zoning map correctly reflects the applicable
zonings, mistakes might have occurred. Zonings incorrectly indicated on the zoning map shall not
create liability on the part of Council or any of its employees and consultants for any damage that
may be suffered, resulting from reliance on the information on the zoning map.

Only a zoning certificate issued by an authorised municipal employee shall be regarded as prima
facie proof of the zoning of the land to which it relates.

INTERPRETATION

Chapters 1 to 3 aim to set out the need for, the scope and purpose of and the general regulatory
function of the zoning scheme; it is not meant to specify or prescribe rights, obligations or
procedures.

DATE OF COMMENCEMENT

This Zoning Scheme becomes operative on the date of its promulgation in the Provincial Gazette,
which is ……………

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TABLE OF CONTENTS

Chapter 1 INTRODUCING ZONING ..................................................................... 1


1.1 Introduction................................................................................................. 1
Chapter 2 GENERAL PURPOSE AND OBJECTIVES OF ZONING ............................ 2
2.1 General purpose of zoning............................................................................ 2
2.2 General objective of zoning .......................................................................... 2
2.3 General implementation principles of zoning.................................................. 2
Chapter 3: RESPONSIBILITIES ARISING FROM A ZONING SCHEME ................... 4
3.1 COMPONENTS OF THE SCHEME ................................................................... 4
3.2 Owners’ responsibilities ................................................................................ 4
3.3 Council’s responsibilities ............................................................................... 6
3.4 Public’s responsibility.................................................................................... 7
3.5 Practical suggestions .................................................................................... 7
Chapter 4: DEFINITIONS AND ABBREVIATIONS ................................................. 8
4.1 Definitions ................................................................................................... 8
4.2 Acronyms and Abbreviations........................................................................38
Chapter 5: ZONINGS ......................................................................................... 39
5.1 Area of jurisdiction ......................................................................................39
5.2 Explanation of standard provisions ...............................................................46
5.3 Agriculture zone..........................................................................................47
5.4 Agricultural industry zone ............................................................................53
5.5 Rural residential zone ..................................................................................56
5.6 Single residential zone.................................................................................60
5.7 Group housing zone ....................................................................................64
5.8 Guest house zone .......................................................................................68
5.9 General Residential zone .............................................................................70
5.10 Residential estate zone................................................................................75
5.11 Resort zone ................................................................................................79
5.12 Local business zone ....................................................................................82
5.13 General business zone.................................................................................87
5.14 Filling Station zone ......................................................................................94
5.15 Service industrial zone.................................................................................98
5.16 Industrial zone .......................................................................................... 103
5.17 Educational zone....................................................................................... 108
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5.18 Worship zone............................................................................................ 111


5.19 Institutional zone ...................................................................................... 114
5.20 Public open space ..................................................................................... 117
5.21 Private open space .................................................................................... 119
5.22 Conservation zone .................................................................................... 121
5.23 Utility zone ............................................................................................... 124
5.24 Transport zone ......................................................................................... 126
5.25 Street zone ............................................................................................... 129
5.26 Parking zone ............................................................................................. 131
5.27 Special zone ............................................................................................. 133
5.28 Subdivisional area zone ............................................................................. 136
5.29 Undetermined zone ................................................................................... 137
5.30 Overlay area ............................................................................................. 138
Chapter 6: LAND USE POLICIES ...................................................................... 147
6.1 Goals ........................................................................................................ 147
6.2 Objectives ................................................................................................ 147
6.3 Adoption................................................................................................... 147
6.4 Additional dwelling unit ............................................................................. 148
6.5 Adult entertainment business .................................................................... 149
6.6 Aesthetics and landscaping........................................................................ 149
6.7 Advertising (A-boards) on municipal property ............................................. 149
6.8 Agricultural holdings.................................................................................. 149
6.9 Agri-village ............................................................................................... 150
6.10 Animal sanctuary, commercial kennels, commercial stabling, horse riding,
intensive horticulture and nurseries ........................................................... 151
6.11 Aquaculture .............................................................................................. 151
6.12 Architectural design manual....................................................................... 151
6.13 Bed and breakfast establishment ............................................................... 152
6.14 Day care facility ........................................................................................ 154
6.15 Development entity ................................................................................... 154
6.16 Development on cliff-top along the coastline .............................................. 155
6.17 External appearance of buildings ............................................................... 155
6.18 Farm labourers’ accommodation ................................................................ 156
6.19 Farm stall/farm shop ................................................................................. 156
6.20 Garden sheds and wendy houses on residential erven ................................ 156
6.21 Guest Accommodation............................................................................... 156
6.22 Guest house/guest lodge ........................................................................... 157
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6.23 Home occupation ...................................................................................... 158


6.24 Home owners’ association ......................................................................... 159
6.25 House shop .............................................................................................. 159
6.26 Low income and ‘gap’ housing ................................................................... 161
6.27 Industrial premises ................................................................................... 161
6.28 Medical consulting rooms .......................................................................... 161
6.29 Mobile homes ........................................................................................... 162
6.30 Non-residential uses in less formal township areas ..................................... 162
6.31 Outbuildings ............................................................................................. 162
6.32 Place of entertainment .............................................................................. 162
6.33 Professional practice ................................................................................. 163
6.34 Scrap yard ................................................................................................ 164
6.35 Second dwelling unit ................................................................................. 164
6.36 Sustainable services provision.................................................................... 165
6.37 Tavern...................................................................................................... 165
6.38 Transmission tower ................................................................................... 166
Chapter 7: DEVELOPMENT PARAMETERS ........................................................ 167
7.1 Air rights and underground rights .............................................................. 167
7.2 Boundary wall heights ............................................................................... 167
7.3 Building lines ............................................................................................ 169
7.4 Coverage .................................................................................................. 171
7.5 Density ..................................................................................................... 171
7.6 Development Impact Assessment .............................................................. 172
7.7 Dumping, excavations and boreholes ......................................................... 175
7.8 Environmental Management Plan/contract.................................................. 175
7.9 Floor area ................................................................................................. 177
7.10 Height ...................................................................................................... 178
7.11 Informal trading........................................................................................ 178
7.12 Lodging .................................................................................................... 179
7.13 Maintenance ............................................................................................. 179
7.14 Open space .............................................................................................. 180
7.15 Panhandles ............................................................................................... 180
7.16 Parking requirements ................................................................................ 180
7.17 Geotechnical considerations....................................................................... 186
7.18 Public Nuisance......................................................................................... 188
7.19 Scenic Drives ............................................................................................ 188
7.20 Storm water Management Areas ................................................................ 189
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7.21 Storm water run-off .................................................................................. 189


7.22 Storage and refuse.................................................................................... 190
7.23 Temporary structures ................................................................................ 191
7.24 Urban Design Areas .................................................................................. 191
Chapter 8: PROCEDURES................................................................................. 192
8.1 Institutional framework ............................................................................. 192
8.2 Planning and development approach.......................................................... 193
8.3 Integrated Development plan .................................................................... 197
8.4 Applications .............................................................................................. 197
8.5 Basis for consideration and evaluation ....................................................... 199
8.6 Resolutions ............................................................................................... 200
8.7 Enforcement ............................................................................................. 201
8.8 Advertisement .......................................................................................... 202
Chapter 9: ZONING ADMINISTRATION ........................................................... 203
9.1 UtiliSation of zoned land ............................................................................ 203
9.2 Imposed conditions ................................................................................... 203
9.3 Compliance with regulations ...................................................................... 203
9.4 Continuation of existing conditional approvals ............................................ 203
9.5 Departures ............................................................................................... 203
9.6 Lapsing of approvals ................................................................................. 204
9.7 General – Subdivision and consolidation ..................................................... 204
9.8 Removal of Title Deed conditions ............................................................... 205
9.9 Zoning of closed streets and public spaces ................................................. 206
9.10 Zoning of State land.................................................................................. 206
9.11 Use of property for temporary purpose ..................................................... 206
9.12 Combined use zonings............................................................................... 206
9.13 Zoning of vacant land................................................................................ 207
9.14 Servitudes ................................................................................................ 207
9.15 Non-conforming use.................................................................................. 207
9.16 Authorised non-conforming use ................................................................. 208
9.17 Secondary uses......................................................................................... 208
9.18 Consent uses ............................................................................................ 209
9.19 Procedure for the determination of Use Rights (Act 113 of 1991) ................ 210
9.20 Procedure for scheme amendment authorised by Council............................ 210
Chapter 10: PACKAGE OF PLANS ....................................................................... 212
10.1 Explanation............................................................................................... 212
10.2 Application................................................................................................ 212
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10.3 Categories of plans ................................................................................... 212


10.4 Adoption................................................................................................... 212
Chapter 11: SITE DEVELOPMENT PLANS ........................................................... 214
11.1 Requirements ........................................................................................... 214
11.2 Conditions ................................................................................................ 214

Annexures
Annexure A Illustrative drawings and technical guidelines ............................................. 216
Annexure B Requirements for plans ............................................................................. 226
Annexure C General planning and development principles contained in the Western Cape
Planning and Development Act (No. 7 OF 1999) ......................................... 229
Annexure D Table of comparable zonings ..................................................................... 233

MAPS
Map A Map of Administrative Jurisdiction

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CHAPTER 1 INTRODUCING ZONING

PURPOSE

The purpose of this chapter is to explain why Council should have a zoning scheme.

1.1 INTRODUCTION

(a) Zoning determines the use rights attached to particular land units (e.g. residential, business,
industrial, etc). Zoning also outlines the parameters within which land may be developed
(e.g. height of buildings, the building distance to be observed from street boundaries, etc).

(b) Zoning shapes the built and natural environment. Through this zoning scheme, Council
controls the size of buildings, location of buildings, density and the manner in which land is
used generally. The zoning scheme provides a key tool for carrying out planning policy.

(c) This zoning scheme provides a legal framework through which the dynamics of the urban
and natural environment can be shaped and therefore has to be adaptive to reflect the
dynamics or change. Zoning Schemes aim to maintain, protect and upgrade the general
welfare, public health and safety of the inhabitants of the municipal area.

(d) Zoning is an internationally accepted method of land use control and land development
management.

(i) The control function of zoning is a method of restricting use rights with a view to
achieving a desired land use or development.

(ii) As a management tool zoning is used to guide growth and development in a manner
which reflects the values and beliefs of society (often referred to as the normative
approach). This can be achieved by determining use rights in a manner to reflect the
requirements of an integrated development plan or sectoral plan.

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CHAPTER 2 GENERAL PURPOSE AND OBJECTIVES OF ZONING

PURPOSE

The purpose of this chapter is to explain what the objectives of zoning are and in which area this
zoning scheme applies.

2.1 GENERAL PURPOSE OF ZONING

This zoning scheme shall have as its general purpose the coordinated and harmonious development
of the geographical area to which it pertains, in such a way as will most effectively achieve
sustainable development and promote health, safety, order, amenity, convenience and general
welfare of the inhabitants of the area to which it applies.

2.2 GENERAL OBJECTIVE OF ZONING

The general objective of this zoning scheme is to ensure -

(a) effective administration and compliance with the constitutional principles of “fair
administrative procedure” in the municipal sphere of government in relation to land use and
planning law; and

(b) the promotion of economic and social development and compliance with the constitutional
principle for a “development – orientated” public administration.

2.3 GENERAL IMPLEMENTATION PRINCIPLES OF ZONING

To achieve its general purpose and objectives, this zoning scheme is to promote and implement:

(a) a normative approach relating to the democratic values and principles -

(i) enshrined in the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996),
including the following:

− to ensure the provision of services in a sustainable manner;


− to promote social and economic development;
− to promote a safe and healthy environment; and
− to encourage the involvement of communities and community organisations in the
matters of local government;
(ii) contained in the Planning Development Act, including the principles contained in
Schedule IV thereto;

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(iii) adopted by Council from time to time in matters relating to planning and development,
including the principles contained in the draft Knysna Spatial Development Framework
(KSDF).

(b) a management approach by facilitating development and in doing so -

(i) to depart from a control orientated approach by generally increasing the range of
zoning categories in order to cater for newly emerging uses, and increasing the
permitted uses in each zoning category, but also to exclude unnecessary zoning
categories in order to promote flexibility in use options;

(ii) to implement a range of zoning techniques to determine use rights for the purpose of
unique applications; and

(iii) to consider the interests of adjoining owners and the broader community.

(c) the provisions of existing planning policy documents to ensure consistency with -

(i) provincial integrated development plans;

(ii) municipal integrated development plans;

(iii) spatial plans;

(iv) sectoral plans;

(v) special areas; and

(vi) declared policy.

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CHAPTER 3: RESPONSIBILITIES ARISING FROM A ZONING SCHEME

PURPOSE:

The purpose of this chapter is to explain general administrative aspects related to this zoning
scheme.

3.1 COMPONENTS OF THE SCHEME

A zoning scheme consists of:

(a) zoning scheme regulations/by-laws;

(b) a zoning register, which sets out approvals of all departures, consent uses, non-conforming
use, rights and conditions of approval of each property; and

(c) zoning maps, showing zones and properties in the administrative area and indicating the
zoning of each property.

(copies of above for examination are available at the Knysna Municipal Town Planning offices during
normal office hours as stipulated from time to time, and on the municipality’s web-site
www.knysna.gov.za.)

3.2 OWNERS’ RESPONSIBILITIES

3.2.1 Applications

An owner of a property within the Knysna Municipal Area (KMA) and the duly authorised
representative of such owner may apply for any approval required in terms of this Scheme.

The fact that land may be used for a specific purpose according to its zoning, does not exempt
anyone from obtaining the necessary permit, license, authorisation or approval required in terms of
any other legislation.

3.2.2 Types of applications

The various types of applications which may be made to Council in terms of this zoning scheme are:

(a) Rezoning

Rezoning of land involves the changing of the zoning of the land and thereby the purpose for
which land may be used or the development parameters applying to a land unit.

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(b) Subdivision

In order to create two or more properties, capable of being registered in the deeds registry.

(c) Departure

To alter the development rules applicable to a particular zone in terms of the zoning scheme
regulations or zoning scheme by-laws or to utilise land on a temporary basis, for a period as
determined by Council, not exceeding 5 years for a purpose for which no provisions has been
made in the zoning scheme regulations or zoning scheme by-laws in respect of that particular
zone.

(d) Secondary Use

In order to utilise the land in a manner for which the zone makes provision, where approval is
delegated to the Department Head. A use is listed under this category to signify that it is
likely to be supported and approved relatively quickly provided it conforms to an approved
planning policy that has undergone an acceptable public process, or conditions indicated in
the Zoning Scheme.

(e) Consent

In order to utilise land in a manner for which the zone makes provision, but only with the
consent of Council which may be granted, refused, or granted with conditions.

(f) Removal of title deed restrictions

If such conditions are contained in the title deed, application must first be made to remove or
suspend such conditions before rezoning, subdivision or relaxation of development parameters
may be granted.

(g) Package of plans

Council may require that, for a specific development, a hierarchy of plans be prepared to
address the approval of planning at different levels of detail. The number of plans, level of
detail and approval authority in respect of specific plans will be determined by Council.

(h) Special plans

Council may require that in order to give effect to the proposals of an integrated development
plan, or sectoral plan, a plan should be prepared for the purposes of an overlay area or special
zone to establish the land use provisions unique to that area.

(i) Conditions

Council is empowered to impose conditions when granting any of the applications listed in this
section. These conditions may be amended by Council on application by the owner concerned
in the prescribed manner. When Council determines conditions of approval that are more
restrictive than the conditions of this Scheme, the more restrictive provisions shall apply.

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(j) Authorisation

Council may grant/give authorisation for a land use if such use is listed in terms of an
approved structure plan/integrated development plan or overlay zone. An authorisation may
be granted in such circumstances by a specific official (e.g. Department Head), with due
regard to Council's public participation policy provided.

3.2.3 Requirements for applications

The requirements for applications are prescribed in this zoning scheme read with the provisions of
the Land Use Planning Ordinance, 1985, or succeeding legislation.

3.3 COUNCIL’S RESPONSIBILITIES

3.3.1 Public Document

This zoning scheme, including the zoning maps and the zoning register, are to be available for
inspection by any member of the public in the municipal office during normal municipal office hours
as stipulated from time to time.

Extracts from this zoning scheme are obtainable at the Knysna Municipal offices against payment of
the prescribed tariffs. The main components of this zoning scheme are also available in electronic
format, and may be found on the Knysna Municipality’s web-site www.knysna.gov.za.

3.3.2 Keeping of register

The Municipality is responsible for keeping and maintaining a record of all departures and consent
uses approved in terms of this Scheme. Additional records relating to the use of land in terms of
this zoning scheme as required by Council may also be included in the register. This record is
computerised and should be updated from time to time by the Municipality.

3.3.3 Updating and amendments

The Municipality is responsible for updating the electronic zoning map, the electronic database, the
register and this zoning scheme regularly, based on approvals granted by Council from time to time.

All amendments to this zoning scheme are indicated in the section titled “Amendments”.
Amendments to the zoning map shall be shown on the official zoning map, which must be updated
at least every 6 months.

3.3.4 Discretion

This zoning scheme confers discretionary powers on Council with regard to the matters under its
jurisdiction in terms of the provisions of the Land Use Planning Ordinance, 1985, or succeeding
legislation, with reference in particular to applications submitted for approval. Council must under
all circumstances act fairly and reasonably and in accordance with the provisions of the Promotion of
Administrative Justice Act, Act 3 of 2000.

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3.3.5 Delegation

In order to reduce administrative procedures and to reduce the processing period of applications,
suitable persons in the service of the Municipality having the necessary delegated authority to
approve or refuse applications may receive and decide on applications submitted in terms of this
zoning scheme read with the provisions of the Land Use Planning Ordinance, 1985, or succeeding
legislation.

3.4 PUBLIC’S RESPONSIBILITY

Effective planning depends to a large extent on public participation. Members of the general public
are to be encouraged to make inputs when the opportunity presents itself to ensure that planning
reflects the wishes of the people most directly affected thereby.

Members of the general public, when intending to acquire fixed property, must familiarise
themselves with the zoning scheme parameters applicable to that property, and its compliance
thereto, before entering into an agreement to purchase.

3.5 PRACTICAL SUGGESTIONS

To assist the reader/user of this zoning scheme, the following are suggested:

(a) Should there be uncertainty of the meaning of any word or abbreviation used in this
document, refer to Chapter 4 which contains definitions.

(b) To ascertain the zoning of a property, submit a written request for a zoning certificate from
the Town Planning and Environment Department of the Municipality and/or request the
officials to furnish an extract from the erf register.

(c) To ascertain the primary rights or secondary uses attaching to a particular property, find the
zoning description (as used in the zoning certificate) in the document framework and turn to
the page indicated.

(d) Should rights be affected by the parameters applicable in terms of the zoning of a property,
representation must be made in writing to the Municipal Manager.

(e) If dissatisfied with a decision taken by Council, a Committee or an official, refer to Chapter 8
and note that, in order to be valid, an appeal must be lodged within the prescribed period.

(f) Participate in policy making by submitting comments when planning is undertaken and
especially when special zones are prepared.

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CHAPTER 4: DEFINITIONS AND ABBREVIATIONS

PURPOSE:

The purpose of this Chapter is to define words and expressions used in this zoning scheme.

4.1 DEFINITIONS

(1) In these regulations, unless the context otherwise indicates -

[A]

“abattoir” means a place where livestock or poultry is slaughtered and the products prepared for
the distribution thereof;

“ablution facilities” means toilet facilities for the use by the general public;

“acceptable” “adequate”; “satisfactory” or “suitable” means acceptable, adequate,


satisfactory or suitable in terms of any requirement of the Council or, in the opinion of the Council;

“active recreation” relating to an area of land or building means an area that is used for
organised sport events, games or any other form of active recreation;

“activity street” means a road classified as such by Council on the basis of the concentration of
the road-based transport services using such road and "activity spine" shall have a corresponding
meaning;

“additional dwelling unit” means a dwelling unit on agricultural zoned land, in addition to a
second dwelling unit, which is a bona fide farm manager’s dwelling unit that may be erected on the
same cadastral unit, with the consent of the Council, provided that -

(i) one additional dwelling unit per 10ha will be allowed, limited to a maximum of 5 units; and

(ii) the total floor area of the first additional dwelling unit shall be limited to 250m², and

(iii) the total floor area of following additional dwelling units (including outbuildings) shall be
limited to 120m²;

“adult entertainment business” means a business where materials or services are sold or
exchanged for purposes of entertainment, where entrance is limited to persons over 18 years of age
only;

“advertisement” means:

(a) in relation to making a matter referred to in the Land Use Planning Ordinance, 1985,
(Ordinance 15 of 1985), the Municipal Systems Act, 2000 (Act 32 of 2000) as amended or
any succeeding legislation known, means any one or more of the following methods of
making known which, according to Council policy, or in the absence thereof, in the opinion
of the Municipal Manager or his delegate, is the most suitable method to reach as many

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people as possible who may have a lawful interest in, or may materially be affected by, the
matter:

(i) serving a notice on interested and affected parties by registered mail;

(ii) holding public meetings, whether before or after the submission of an application;

(iii) displaying a notice on a property;

(iv) holding consultative forums before a decision is taken by Council, and

(v) publishing a notice in the press;

(vi) broadcasting a notice on a local radio or television network;

and advertising has a similar meaning in the same context.

(b) when used in the context of outdoor advertising, means any visible sign or symbol, or light
which is not intended solely for illumination or warning against danger;

“advertising sign” means any sign or name plate visible to the public, and is an advertisement,
but excludes the identification of the name and street address of a property;

“aesthetics” means form, colour, style, scale and texture in relation to any structure;

“aesthetic committee” means a committee appointed by Council to advise the Council on


aesthetics in the conservation area or in any other area the Council may require;

“agriculture” means the cultivation of land for crops or plants or the keeping and breeding of
animals, or the operation of a game farm on natural veld or land, and includes only such activities
and buildings as are reasonably connected with the main farming activities on the farm, and
includes bona-fide labourers cottages;

“agricultural holdings” means land portions on which commercial, project-based or community


farming ventures are undertaken as referred to in the provincial policy for the establishment of
agricultural holdings in the urban fringe (P.N. No.415/2000), for the purposes of land reform;

“agricultural industry” means an enterprise for the processing of agricultural products (i.e. the
primary product or resource must be an agricultural product) on or close to the land unit where
these agricultural products are produced, except where the scale of the enterprise is minor in the
opinion of Council;

“agri-estate” means a harmoniously designed and built housing development as part of an


agricultural development;

“agri-village” means a private settlement for purposes as referred to in the Provincial Policy for the
settlement of farm workers (PN No. 414/2000) 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 farm workers and their dependants of the farms involved in the development. Security of tenure
does not include rights of ownership, but includes a trust, communal property association or
sectional title. The development of agri-villages represents a partnership between farmer, farm-
worker and state;

“air rights” means the rights to build in or otherwise use space above an existing structure;

“ancillary use” means a use, purpose, building or activity which is in addition to and subservient to
the lawful dominant use of the property;

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“animal sanctuary” means a land portion where a variety of animals and birds are kept and bred
as a tourist facility and for educational purposes or for animal welfare purposes, but excludes
kennels: Provided that such a facility shall be registered with the relevant authority;

“aquaculture” means the propagation, improvement, trade or rearing of aquatic organisms (plant
and animal) in controlled or selected aquatic environments (fresh, sea or brackish waters) for any
commercial, subsistence, recreational or other public or private purpose;

“architectural design manual” means a document, drawn up by a competent person to indicate


the overall theme and architectural expression of the buildings and structures and including details
relating to amongst others colour, materials and layouts to achieve an architecturally harmonious
built environment;

“atrium” means a covered courtyard comprising a void within a building that extends for one or
more storeys in height i.e. a floor and a roof or a ceiling;

“attic" (or "loft" or "dormer)” means rooms within a roof space where the wall plate and floor
are level with each other, unless elsewhere specified, and dormer windows do not form a part of the
outside or other wall of the building, and do not predominate the section of a roof in which they are
placed (not more than 40% of roof length broken into max 10% components - in which case it will
be considered an additional storey);

“authority use” means a use which is exercised by or on behalf of a public authority, and the
characteristics of which are such that it cannot be classified or defined under other uses in these
regulations, and includes a use exercised by:

(i) the state, such as military training centres, installations, police stations and jails;
(ii) Provincial Government such as road stations and road camps;
(iii) a local authority such as fire services, sewerage purification works, solid waste sites,
reservoirs, composting installations, water purification works and associated buildings; and
(iv) semi-state /public utilities such as telecommunication facilities and electrical substations,
whether operated by public or private bodies;

[B]

“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 main containing walls of rooms abutting such
projecting floor, and includes a roof, if any, over such floor and any pillars supporting such roof;

“basement” means that relevant portion of a building, considered as a basement, the finished floor
level of which is at least 2m below a level halfway between the highest and lowest natural ground
levels immediately contiguous to that portion of the building and the ceiling of which does not
exceed 1m above natural ground level at that point, and which shall solely be used for the parking
of vehicles or for storage space and not for human habitation, otherwise it shall be regarded as an
additional storey;

“bed and breakfast establishment” means a dwelling unit or second dwelling unit in which the
occupant of the dwelling supplies lodging and meals for compensation to transient guests who have
permanent residence elsewhere, provided that the dominant use of the dwelling unit shall remain
for the living accommodation of a single family and provided further that the property complies with
the provisions pertaining to a bed and breakfast establishment;

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“boarding house” means a building where lodging other than incidental overnight accommodation
is provided, with or without meals, together with such outbuildings as are normally used therewith,
and includes an old age home, building in which rooms are rented for residential purposes, a
backpackers and residential club; but does not include a dwelling unit, group house, institution,
place of instruction, hotel, bed and breakfast establishment or flats;

“boundary” in relation to a land unit means one of the cadastral lines separating such land unit
from another land unit or from a public street or road;

“boundary wall” means a wall erected on the boundary of a land unit;

“building” without in any way limiting its ordinary meaning, includes -

(i) any structure, whether of a permanent or temporary nature erected or used for the housing or
accommodation of human beings or animals, the storage, manufacture or sale of goods or
materials or the destruction or treatment of refuse or other waste material;

(ii) a dwelling unit;

(iii) a wall, swimming pool, swimming bath, reservoir, storage tank, septic tank, conservancy tank,
water tower, bridge, advertising structure, summer house or hothouse and any structure
appurtenant thereto; and

(iv) petrol and other fuel pumps and tanks used in connection therewith.

but may exclude minor building work as defined in the National Building regulations made in terms
of the National Building Act;

“building line” means an imaginary line on a land unit, which defines a distance from a specified
property or servitude boundary, within which the erection of buildings or structures is completely or
partially prohibited;

“built environment” means any built-up area identifiable by a specific character or otherwise;

“bulk” has the same meaning as “Floor factor”;

“bus depot” means a property or building utilised for the storage and servicing of busses;

“business” means the use of a property for purposes of a retail, commercial or professional
operation, which may, inter alia, include restaurants, shops, offices, financial institutions, motor
vehicle dealership or any other use which, in the opinion of the Council, is reasonably connected to
a business, but excludes a liquor store, place of entertainment, institution, service station, filling
station, an industry, a service trade, an adult entertainment business and place of assembly;

“builder’s yard” means a property which is used for the storage of material and equipment which-

(i) is required for or is normally used for construction work;

(ii) was obtained from demolitions of structures or excavations of ground; or

(iii) is necessary for or is normally used for land improvements, such as storage of material used
for building roads, for installing essential services for landscaping, or for any other
construction work (e.g. of sand or bricks), whether for public or private purposes;

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[C]

“camp site” means a harmoniously designed tourism accommodation establishment, which -

(i) includes a caravan park and tents, whether publicly or privately owned;

(ii) comprises one enterprise, and does not allow the alienation of any portion thereof by means
of time-sharing, sectional title, share blocks or the subdivision of the property;

(iii) does not include a hotel or mobile homes; and

(iv) may include ancillary facilities to resident guests only which are reasonably and ordinary
related to camping, such as ablution facilities, sport facilities and tourist facilities;

“canopy” means a cantilevered or suspended roof, slab or covering (not being the floor or balcony)
projecting from the wall of a building;

“caravan” means any vehicle permanently fitted out for use by people for living or sleeping
purposes, whether or not such vehicle is a trailer or self-propelled vehicle but does not include
mobile homes;

“caretaker’s quarters” means a building which is secondary to a building or usage in the service
trade zone or industrial zone, and in such zones as the Council may from time to time decide and
which may only be erected after or with the establishment of the primary activity for the
accommodation of a caretaker, and does not exceed a floor area of 75m2 unless otherwise specified;

“carport” means a building or structure with at least two open sides primarily used for the storage
of motor vehicles;

“car wash” means a building or structure equipped with mechanical equipment for the purpose of
washing motor vehicles;

“cellular telecommunication infrastructure” means, but is not limited to, any one or more of
the following -

(i) antenna support structure including any solid or lattice structure, mast pole, monopole, guyed
tower, lattice tower, freestanding tower or other structure designed and primarily used to
support antenna;

(ii) antenna structure including any system of wires, poles, rods or similar devices, used for the
transmission or reception of electromagnetic waves, attached to a building or a mast, and
includes cabling between the equipment room and the antenna;

(iii) base station site including the land, antenna support structure, and all associated
transportation such as antenna, microwave dish, equipment room and access road;

(iv) equipment room including a structure to house cellular telecommunication equipment


associated with an antenna support structure or antenna, which may be a separate building
used exclusively for the equipment or it may be a container or a room or rooms within a
building with another predominant use; and

(v) microwave dish including any device incorporating a reflective surface that is solid, open
mesh, or bar configured that is the shape of a shallow dish, cone, horn or other, and is used
to transmit or receive electromagnetic waves;

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“cemetery” means a property which is ear-marked exclusively for the burial of the dead and may
include buildings that are necessary for administrative and clerical uses associated therewith, as well
as a chapel, memorial wall for keeping of human ashes, whether for public or private utilisation, but
does not include a crematorium as a primary use;

“central business district" (CBD) means a high-intensity urban built-up area, high-use buildings
and of mixed land use character as determined by Council as such;

“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 clinic
may contain live-in facilities for no more that twenty persons, including patients and staff, and may
include medical consulting rooms, outpatients centre and a wellness centre with associated uses;

“commencement date” means the date on which this zoning scheme regulations came into
operation;

“commercial kennel” means the provision of kennel services for dogs, cats and similar animals for
reward, and includes commercial breeding, boarding kennels, pet motels and dog training centres;

“commercial stabling” means the provision of stabling and care services for horses for reward
and includes commercial breeding facilities and may include horse riding;

“common area” means land earmarked for the communal use by the owners of group erven in a
group housing scheme or residential estate or resort zone, including private roads used for entrance
to all or some of the group erven. Common areas must be transferred to the relevant Homeowner’s
Association by the developer prior to transfer of the last erf in a development

“common boundary” in relation to a property means a boundary common with the adjoining
property other than a street boundary, unless specified differently;

“conference facility” means a place of assembly without overnight accommodation, which also
supplies meals, which normally is an additional activity to a primary function such as a hotel, guest
house or restaurant and where the building restrictions will be those of the primary function, except
that additional parking may be required;

“consent” means special permission granted by Council, after due consideration of all relevant
facts and lawful, reasonable and procedurally fair administrative action, in terms of which a specific
type of land use or activity is permitted, in addition to the primary use rights applicable to the
property concerned;

“consent use” means the additional use right or a variation on a development rule permitted in
terms of the provisions in a particular zone with the consent of the Council;

“conservancy tanks” means a covered tank for the receipt and temporary retention of incoming
raw sewerage and which requires emptying at intervals;

“conservation area” means the area demarcated as such on the zoning map within which the
land use parameters set out under Section 5.20 in these regulations shall apply notwithstanding the
requirements stipulated in any particular land use zone;

“conservation usage” means the use or maintenance of land in a substantially natural state with
the object of preserving the biophysical and heritage characteristics of that land (as well as flora and
fauna living on the land); and includes associated infrastructure required for such use;

“contravention” means infringement or violation of any provision of this zoning scheme;

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“council” means the Knysna local municipal council and includes any person or committee who has
delegated authority to decide a matter on behalf of the Council;

“coverage” means the total area of a land unit that may be covered by buildings, expressed as a
percentage of the net erf area of such land unit, and shall include -

(i) walls and buildings;

(ii) solid roofs;

(iii) stairs, steps, landings (except entrance landings and steps), galleries, passages and similar
features, whether internal or external; and

(iv) verandas, porches, balconies, terraces, pergolas and similar features :

Provided that the following portions of buildings shall be excluded from the calculation of coverage:

(a) uncovered stoeps, entrance steps and landings, not higher than 1m above natural
ground level;

(b) cornices, chimney breasts, flower boxes, water pipes, drain pipes and minor decorative
features not projecting more than 500mm from the wall of the building;

(c) eaves not projecting more than 1,0 m from the wall of the building;

(d) a basement provided that the basement ceiling does not project above the finished
ground level or natural ground level, whichever the lower;

“crematorium” means a place for cremating corpses in a furnace

[D]

“day care facility” means a building or portion of a building used by the owner or occupant to
provide day care of young children in the absence of their parents and includes pre-school, play
group or after school services, provided that -

(i) no more than 20 children shall be registered at a time, or be on the property at any time;

(ii) the services are primarily day care or educational and not medical;

(iii) the services do not operate outside the hours of 06h00 to 18h00;

(iv) the dominant use of the dwelling unit shall remain for the living accommodation of a single
family; and

(v) a child care service for 5 or less children may be regarded as an occupational practice, and
child care service for more than 20 children shall be regarded as a crèche or place of
instruction;

“dBA” means the physical unit used to describe noise level, which shall be measured in accordance
with accepted scientific principles, as described in the Noise Control Regulations promulgated in
terms of the Environmental Conservation Act, 1989 (Act 73 of 1989);

“density” means the number of dwelling units as prescribed in relation to a specified area,
determined as follows -

(i) number of dwelling units ÷ area in hectares (ha) = density

(ii) permitted number of dwelling units x area in hectares (ha) = density


SEPTEMBER 2008 CHAPTER 4: DEFINITIONS AND ABBREVIATIONS 14
KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“department head” means the head of the department, or the person, that is charged with the
administration of this zoning scheme;

“departure” means -

(i) an altered development rule or development management provision that is imposed in terms
of the Land Use Planning Ordinance, 1985 (15 of 1985) or succeeding legislation, which could
be permanent (i.e. relaxation of building lines, coverage etc.); or

(ii) a use right granted on a temporary basis in terms of the Land Use Planning Ordinance, 1985
(15 of 1985) or succeeding legislation, which shall lapse after a time period specified in the
approval;

“develop land” means to prepare and develop land for occupation or utilisation, inter alia by filling
up, draining or levelling of areas; the removal of vegetation; the installation of engineering services;
the subdivision of land or the erection, alteration or extension of buildings and structures on land,
and “development of land”, “developing land” and "development" used as a noun shall have a
corresponding meaning;

“development parameters” means provisions or restrictions in terms of a zoning, which sets out
the permissible extent of the use or improvement of land (i.e. building lines, coverage, etc);

“disturbance areas” means the predetermined area on the site that may be used for any activity
(e.g. house, outbuildings, additional dwelling units, swimming pools, tennis courts etc.) and
gardening on a larger erf, the remainder of which must be rehabilitated and retained in a natural
state;

"disturbing noise” means a noise level which exceeds the zone sound level or, if no zone sound
level has been designated, a noise level which exceeds the ambient sound level at the same
measuring point by 7 dBA or more. The determination of ambient sound level shall be made in
accordance with accepted scientific principles as described in the Noise Control Regulations
promulgated in terms of the Environmental Conservation Act, 1989 (Act 73 of 1989);

“dominant use” means the predominant or major use of the property, and may consist of primary
or consent uses permitted on the property;

“dormitory establishment” means a business establishment for the provision of tourist-


accommodation from a purpose built structure of a residential nature which -

(i) provides meals and service to resident guests only;

(ii) includes activities that are normally associated with such establishments, ie. sports facilities;

(iii) includes a youth hostel and backpacker establishment;

(iv) excludes a building for boarding purposes such as old age homes, children's homes, hostel,
boarding house, residential rooms or hotel;

“dwelling unit” means a self-contained functionally inter-leading group of rooms (by means of
enclosed passageways), with not more than one kitchen, used only for residential purposes and
housing of a single family, together with such outbuildings as are ordinarily used therewith, and
"dwelling" and “dwelling house” shall have a corresponding meaning;

“dwelling units per hectare” means the number of dwelling units in relation to a specific area
which reflects the density;

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[E]

“eaves” means a portion of a roof projecting up to 1 m beyond the face of a building, including any
gutters;

“eco-estate” means a harmoniously designed and built residential estate in an ecologically


sensitive area where the main use of the common area is environmental conservation;

“eco-system” means a self-sustaining and self-regulating community of organisms and the


interaction between such organisms with one another and with their environment;

“electronic zoning map” means the official zoning map held in electronic format;

“electricity sub-station” means an area or building where electricity is transformed for


distribution purposes;

“encroachment agreement” means an agreement between an owner and the Council relating to
the projection of portions of a building or structure from the owner’s property onto or over the
Council’s property;

“engineering services” means services installed in the process of developing land for the
provision of water, electricity and sewerage and the building of streets, roads and storm water
drainage systems, including all related services and equipment;

“entrance steps and landings” means steps and landings to a building, including any low walls
and railings, if such steps and landings are not within the main containing walls of the building;

“environment” means the external circumstances, conditions and objects that affect, positively or
negatively, the existence and development of an individual, organisation or group, including
biophysical, social, economic, historical, cultural and political aspects;

“Environmental Control Officer” means an appropriately qualified person appointed in terms of


an Environmental Management Plan to ensure that the provisions of an Environmental Management
Plan are implemented;

“environmental facilities” means facilities for the management, study, interpretation, education,
and public appreciation of a predominantly natural area or heritage site; and includes
accommodation for staff, support services and associated infrastructure but does not include tourist
facilities or tourist accommodation;

“environmental impact assessment" (EIA) means a written evaluation of the impact on the
environment of an activity identified in terms of any provincial or national legislation and which
contains the prescribed elements of such an assessment;

“Environmental Management Plan (EMP)” means an operational plan which organises and co-
ordinates mitigation, rehabilitation and monitoring measures in order to guide the implementation of
land development and its on-going maintenance after implementation, and shall include -

(i) a description of any construction works to be implemented;

(ii) explanation of the responsibilities and obligations of role players;

(iii) mitigation measures of potential impacts;

(iv) rehabilitation of the property after any construction work;

(v) provisions for financing of any environmental work; and

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

(vi) provisions for dispute resolution and penalties;

“erection” in relation to a building or structure includes -

(i) the erection of a new building or structure;

(ii) the alteration or conversion of, or addition to, a building or structure; and

(iii) the re-erection of a building or structure which has completely or partially been demolished
and “erect” has a corresponding meaning;

“erf” has the same meaning as land unit;

“existing use” means the use and uses which, in the opinion of Council, is or are actually and
lawfully exercised on or in a property or part thereof;

“extractive industry” means the process of extracting, mining, winning or quarrying of raw
materials from the ground including gravel, sand and stone and includes buildings connected with
such operations, and crushing plants;

[F]

“family” means -

(i) a single person maintaining an independent household; or

(ii) two (2) or more persons directly related by blood or marriage maintaining a common
household; or

(iii) no more than five (5) unrelated persons maintaining a common household;

“farm industry” means the manufacturing or preparation of delicacies/edibles and other small
articles on a farm for selling to the general public;

“farm stall" and "farm shop” means a building, located on a farm, which does not exceed 100m²
in floor space, including storage facilities, where a farmer sells products produced and processed on
the farm to the general public;

“feed lot” means an area or building in which livestock are kept while being fattened on feed
(other than normal grazing or browsing) for slaughter;

“filling station” means a property for the retail supply of fuel and includes a shop which does not
exceed 30% of the total floor space and is integrated with the other facilities in terms of design, and
excludes trading in motor vehicles, oil, tyres or motor spares, washing of vehicles; spray-painting,
panel beating; fitment centres or body work and general repairs to motor vehicles;

“fitment centre” means an enterprise for the supply, fitment and repair of motor vehicle parts
such as tyres, shock absorbers, exhausts, brakes, CV joints and wheel bearings, wheel balancing
and suspension repairs, and such like specialised services; but does not include general vehicle
repairs;

“flats” means a building of more than one storey containing three or more dwellings, together with
such outbuildings as are ordinarily used therewith; but excluding group houses; and “block of
flats” shall have a corresponding meaning;

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“flood line” means the flood line mentioned in Section 144 of the National Water Act, 1998 (Act 36
of 1998) and any amendments or any succeeding legislation, as well as any other flood line
determined by a suitably qualified person with regard to water levels expected to be reached during
flooding events within set periods;

“floor” means the inner, lower surface of a room, garage or basement and includes a terrace to
which occupants of a building have access;

“floor area” means the sum total of the floor surface areas of a building subject to the inclusions
and exclusions of areas as provided for in this zoning scheme;

“floor factor” means the factor (expressed as a proportion of 1) which is prescribed for the
calculation of maximum floor space of a building or buildings permissible on a land unit. If the floor
factor is known, the maximum permissible floor space can be calculated by multiplying the net erf
area by the floor factor;

“floor space” in relation to any building means the area of a floor which is covered by a slab, roof
or projection; provided that -

(i) any area, including a basement, which is reserved solely for parking or loading of vehicles,
shall be excluded;

(ii) external entrance steps and landings, any canopy, any stoep and any area required for
external fire escapes shall be excluded;

(iii) a projection including a projection of eaves, and a projection which acts as a sunscreen or an
architectural feature, which projection does not exceed 1,0 m beyond the exterior wall or
similar support, shall be excluded;

(iv) any uncovered internal courtyard, light well or other uncovered shaft which has an area in
excess of 10 m² shall be excluded;

(v) any common pedestrian thoroughfare which provides access through the building concerned
from parking, public street or open space, to some other parking, public street or open space,
and which is accessible to the general public during normal business hours, shall be excluded;

(vi) 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, even if it is permanently open to the elements on
at least the front or long side, shall be included;

(vii) any covered balcony, veranda or terrace (including areas covered by a pergola), even if it, is
permanently open to the elements one or more side/s, shall be included;

(viii) subject to subparagraph (ix), any stairs, stairwells and atriums that are covered by a roof shall
be included; and

(ix) in the case of multi-storey buildings, any stairwells, lift wells, light wells or other wells, and
any atrium, shall only be counted once:

Provided further that floor space shall be measured from the outer face of the exterior walls or
similar supports of such building, and where the building consists of more than one storey, the
total floor space shall be the sum of the floor space of all the storeys, including that of
basements.

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“functional open space” means open space, which, in Council’s opinion, is suitable for active or
passive recreation purposes;

“funeral parlour” means a place where human cadavers are prepared for burial or cremation and
includes facilities for associated administrative and religious functions, but does not include a
crematorium;

“furnace” means an enclosure in which heat is produced by burning fuel, for example to warm a
building or melt metal;

[G]

“games room” means a room specially equipped with and used for non-payable recreation
purposes only by a single family and which forms an integral part of a dwelling unit under the same
roof;

“garage” means a building for the storage of motor vehicles, but does not include panel beating,
filling station or service station;

“golf estate” means a harmoniously designed and built housing development on a golf course;

“green house” means a structure with the sides primarily made of a transparent material such as
glass, Perspex or plastic for the purpose of growing delicate 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 (hectares)
and is calculated, for the purposes of these regulations as follows -

Gross density = Total number of dwelling units in a specified area


Extent of the specified area in hectares;

= x units per hectare

“gross lettable area" (GLA) means the total floor space designed for, or capable of, occupancy
and control by tenants, measured from the centre line of joint partitions to the inside finished
surface of outside walls, but shall exclude toilets, lift shafts, service ducts, vertical penetrations of
floors, individual parking and loading bays;

“ground floor” means the lowest floor of a building, provided that -

(i) subject to subparagraph (ii) below, the floor level of the ground floor shall at no point, extend
more than 1,5 m above the lowest natural level of the ground immediately contiguous to the
building; and

(ii) any ground floor which has a floor level higher than the distance specified in (i) above, shall
be deemed to be part of two storeys incorporating both the ground floor and the next storey
above, being the second storey, unless the lower storey complies with the definition of a
basement.

“group house” means a dwelling unit which forms part of a group housing scheme;

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“group housing” means a group of dwelling units that may be separate or attached -

(i) that were planned, designed and built as a harmonious architectural entity with a number of
unit types;

(ii) which are arranged in a varied and orderly fashion within or around a communal open space
and with public or private access roads;

(iii) with a medium-density character;

(iv) with structures which may vary between single- and double storeys;

(v) of which every residential unit has a ground floor; and

(vi) which may be cadastrally subdivided.

“group housing site” means one or more land units on which a group housing scheme or
retirement village may be erected;

“guest accomodation” means a dwelling unit in which the occupant of the dwelling supplies
lodging and meals for compensation to transient guests who have permanent residence elsewhere,
provided that the dominant use of the dwelling unit shall remain for the living accommodation of a
single family.

“guest house" or "guest lodge” means a dwelling unit or second dwelling unit or additional
dwellings which are used for the purpose of supplying lodging and meals to transient guests at
compensation, in an establishment which exceeds the restrictions of a bed and breakfast
establishment, and may include separate facilities for guests and owner/manager as well as catering
for business meetings or training sessions on the property; and may include self-catering units;
provided that the guest house is retained in a form that can easily be re-used by a family as a single
dwelling unit or second dwelling; where the guest facilities (e.g. lounge, dining area, swimming
pool) are separate from those of the owner/manager;

“guideline” means non-regulatory information aimed at promoting a better understanding of the


matter at hand and with the aim to promote the type of land use that would in all probability be
allowed by Council;

[H]

“habitable room” means a bedroom, living room, lounge, dining room, study and any other room
which is or is likely to be used for human habitation, but does not include a kitchen or bathroom or
a room which is designed and used as a communal facility and to which access is available to all
occupants of the building;

“health care facility” means a building which is used for the care of people as a medical or a
social or welfare facility, or for the administration thereof, and includes a hospital, clinic, home for
the aged, indigent or physically disabled, or a frail care facility in a retirement village, but does not
include a correctional institution or a jail;

“height” of a building means a vertical dimension from natural ground level at any point below the
building to the highest point of the building measured in metres or in the number of storeys;
provided that chimneys, flues, masts and antennae shall not be taken into account for the purpose
of height control;

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“height of natural ground level” means, in relation to a property, the natural ground height as
depicted on an approved contour map, i.e. prior to any earthworks or landscaping, or, where this is
not available, the natural ground level as certified by a professional registered land surveyor;

“heliport” means an area used for landing and take-off of helicopters and includes some or all of
the various facilities useful to helicopter operations, such as parking, waiting room, fuelling and
maintenance equipment;

“helistop” means a heliport for the landing and take-off of helicopters, but without the auxiliary
facilities, but within the minimum prescribed safety requirements;

“high water mark” means the high water mark as defined in the Sea Shore Act, 1935 (Act 21 of
1935);

“home industry” means the manufacturing or preparation of delicacies/edibles and other small
articles in small quantities in a private dwelling unit second dwelling unit or outbuilding by one or
more occupants who shall reside on the property for selling to the general public, such that
deliveries do not require any vehicle larger than a private pick-up vehicle (‘bakkie’), provided that
the dominant use of the property concerned shall remain for living accommodation of the
occupants;

“home occupation” means the practicing of an occupation or the conducting of an enterprise from
a dwelling unit, second dwelling unit or outbuilding by one or more occupants who shall reside on
the property; provided that the dominant use of the property concerned shall remain for living
accommodation of the occupants, and the property complies with the requirements contained in this
zoning scheme for a home occupation, but does not include a house shop;

“Home Owners’ Association” means a company incorporated in terms of the Companies Act, No.
61 of 1973 or common law association of persons established in terms of a written constitution,
membership of which shall be compulsory for all owners of erven in the development for which it
was established;

“horse riding” means the teaching and/or practice of horse riding for commercial gain, and may
include commercial stabling;

“hospice” means a nursing home for the dying that comprises of a small residential institution for
terminally ill patients where treatment focuses on the patient’s well-being rather than a cure and
includes drugs for pain management, sometimes periods at home, and often spiritual counselling;

“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 includes a clinic and medical
consulting rooms;

“hotel” means a building which is used as a temporary residence for transient guests which
exceeds the restrictions of a guest house/guest lodge, where personal services, lodging and meals
could be provided, and may include activities reasonably and ordinarily associated with a hotel,
including -

(i) conference facilities; lecture rooms, restaurants, tourist facilities, sport and recreation
facilities, banquet hall, spa/hydro and wellness centre that are subservient and ancillary to the
dominant use of the property; and

(ii) premises which are licensed to sell alcoholic beverages for consumption on the property; but
excludes a liquor store;

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“house shop” means an enterprise for the selling of goods for retail trade purposes from a
dwelling unit provided that the dominant use of the dwelling unit concerned shall remain for the
living accommodation of a single family; the floor area of a house shop shall not exceed 25m²;

[I]

“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 common parking and access;

“industrial laundry” means a commercial establishment where clothes and linen can be washed
and ironed in bulk and such an establishment is not available as an “over the counter” service to the
general public;

“industry” means a property, which in the Council’s opinion, is used as a factory and in which -

(i) 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; or

(ii) livestock (including poultry) are slaughtered; or

(iii) electricity is generated for the use in processes referred to in (i) and (ii) above, including an
office, caretaker’s quarters or other uses which are subservient and ancillary to the use of the
property as a factory, but does not include a noxious trade or risk activity, and “factory” shall
have the same meaning;

“informal trading” means the legal selling of products at areas demarcated by Council specifically
for these purposes such as markets, and demarcated areas in the business precinct;

“infrastructure usage” means a use or infrastructure that is required to provide engineering and
associated services for the proper functioning of urban development and includes water reservoirs
and purification works, electricity substations and transmission lines, waste water pump stations and
treatment works, but does not include roads, transport usage or parking;

“institution” means a property used as a social, health or welfare facility, or for the administration
thereof, and includes a hospital, a psychiatric hospital, clinic, home for the aged, hospice, indigent
or handicapped, or a social facility such as a counselling centre or reformatory and includes
associated administrative infrastructure, whether of a commercial or charitable nature, but does not
include a prison;

“integrated development plan” means a development framework which deals with the
integration of different strategies and sectoral plans relating to development, such as economic,
spatial, social, infrastructural, housing, institutional, fiscal, land reform, transport, environmental or
water plans, to attain the optimal allocation of scarce resources in a particular geographic area, and
may include an integrated development plan as defined in the Local Government: Municipal Systems
Act , 2000 (Act 32 of 2000);

"interested and affected parties" in relation to any land use or matter incidental thereto, means
a person who may have an interest in or whose rights may be materially be affected by any such
land use, including any change thereto or matter incidental thereto;

SEPTEMBER 2008 CHAPTER 4: DEFINITIONS AND ABBREVIATIONS 22


KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“intensive horticulture” means the culture of plants on an intensive scale, including the culture of
plants under a roof, or in greenhouses as well as the sale of self-produced plants on the land;

[K]

“kitchen” means an area or a room within a dwelling unit intended or used for the preparation of
food and the washing of cutlery and crockery and may contain stoves with isolator switches,
preparation bowls and dishwashing basins;

[L]

“lagoon boundary” means a lagoon, river or sea boundary at mean high water mark, or as
determined as a straight line boundary by the Surveyor-General for that boundary adjacent to the
high water mark as during normal spring tide;

“land” means land with or without improvements, including land covered with water;

“landing area” means demarcated areas for the landing of helicopters (pads) or aeroplanes (strip);

“landscaping” means the planting or placement of plants for the purpose of protecting, preserving
and promoting the aesthetic appeal, scenic beauty, character and value of properties as well as to
promote public health and safety through the reduction of noise pollution, storm water runoff, air
pollution, visual pollution and light pollution;

“landscaping plan” means a document compiled by a qualified landscape architect or otherwise


appropriately qualified person, to indicate the preferred plant specification and use of materials or
devices in a development;

“land unit” means a portion of land registered or capable of being registered in a deeds registry
and "erf" shall have a corresponding meaning;

“Land Use Planning Ordinance” means the Land Use Planning Ordinance, 1985 (Ordinance No.
15 of 1985 and succeeding legislation (e.g. Western Cape Planning and Development Act, 1999 –
Act 7 of 1999)), and "Ordinance" shall have a corresponding meaning;

“land use parameters” means any development parameters applicable in terms of this zoning
scheme; e.g. requirements relating to height, bulk, coverage, building lines, density and parking;

“land use right” means the right to utilise or improve land in accordance with the zoning thereof
or any departure/consent or condition of approval and where applicable, in accordance with a site
development plan;

“laundry” means a commercial establishment where clothes and linen can be washed and ironed
as an “over the counter” service, and may include a self-service ‘laundromat’;

“lease” means a contract by which the possession of a property is made available to a person for a
specified or undetermined period, against payment of rental;

“light industry” means a building in which one or more of the activities referred to in section (i) of
the definition of “industry” are conducted, and in which all the machines are powered by electricity
only and it may include retail from such buildings of products manufactured on the premises,
provided that the retail coverage of the floor area of the building does not exceed more than 25%;

“light well” means an enclosed space in a building for the transformation of natural light;

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“limited business use” means the sale of goods or articles, also to the general public, from the
same premises as where they are manufactured or stored: Provided that the area of the building
devoted to the sale of such goods or articles shall not exceed 20% of the total floor space of the
building;

“liquor store” means an establishment where the dominant use is the retail sale of alcoholic
beverages for consumption off the property, and includes an off-sales facility that is under the same
management as a licensed hotel and "bottle store" shall have a corresponding meaning;

“loading bay” means an area which is clearly demarcated for on- and off-loading of goods from
commercial vehicles, and which has vehicular access to a public street to the satisfaction of the
Council;

“lodger” means a person who pays rent in return for bedroom accommodation within another
person’s dwelling unit;

“lodging” means accommodation which is made available for payment and the services ordinarily
related to such accommodation;

“loft” has the same meaning as “attic”;

[M]

“main road” means a public street that is defined as a main road in terms of Section 4 of the
Roads Ordinance (Ordinance 19 of 1976);
“management plan” means a plan that organises and co-ordinates mitigation, rehabilitation and
monitoring measures in order to guide the implementation of a development or related activity;
“map” means the map on which the different zones which are in force and provided for in these
regulations, are visually plotted and “zoning map” has a corresponding meaning;
“maximum floor space” means the greatest total floor space which is allowed for a building or
buildings on a land unit, and is calculated by multiplying the floor factor by the net erf 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 shall be the sum of the maximum floor space for each
portion of the land unit, and Council reserves the right to require that the floor space be constructed
proportionally in each zoned area;
“medical consulting rooms” means rooms that are used for human medical or medical related
consultation, examination or treatment;
“mezzanine” means an intermediate floor in a building, especially one between the ground floor
and the first floor, the total area of which does not exceed 25% of the floor area immediately below
or above it;
“mining” means an enterprise which practices the extraction, winning or quarrying of raw materials
from the earth, whether by means of surface or underground methods, and includes, but is not
limited to the removal of stone, sand, clay, kaolin, ores, minerals or precious stones, as well as any
buildings directly connected with such operations;
“mobile home” or “park home” means a factory assembled moveable structure, with the
necessary service connections, that is designed in such a manner that it can be used as a
permanent dwelling, but exclude any extensions by means of normal building materials;

SEPTEMBER 2008 CHAPTER 4: DEFINITIONS AND ABBREVIATIONS 24


KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“motor trade” means a building designed for the exhibition and trading of motor vehicles and may
include outdoor exhibition to the satisfaction of Council, but excludes selling of fuel and service and
repair of motor vehicles;
“motor vehicle” means a vehicle designed or used for propulsion by means of an internal
combustion or electrical engine, and includes a motor cycle, a trailer or caravan, but does not
include a vehicle moving exclusively on rails;
“Municipality” means, when referred thereto as –
(i) an entity, Knysna Municipality as a municipality described in Section 2 of the Local
Government : Municipal Systems Act, 2000 (Act 32 of 2000), including a duly authorised
official of Knysna Municipality; and
(ii) a geographical area, the area of jurisdiction of Knysna Municipality as determined in terms of
the Local Government : Municipal Demarcation Act, 1998 (Act 27 of 1998);
“municipal manager” means the chief executive officer of the Knysna Municipality, or his/her
nominee/delegate;
“municipal store” means municipal property used as a storage facility by Council;

[N]

“natural ground level” means the natural ground height as depicted on a contour map, compiled
by a registered professional land surveyor, i.e. prior to any earthworks or landscaping, or, where this
is not available, the natural ground level as certified by a professional registered land surveyor;

“National Building Act” means the National Building Regulations and Building Standards Act,
1977 (Act 103 of 1977);

“nature reserve” means a nature park, whether publicly or privately owned, or which has been
declared as a national or other nature park under control of a public or private authority (e.g.
national parks, mountain catchment areas, lake areas, protected natural environments, forest); it
includes an area that is used as a game park or reserved for fauna or flora in their natural habitat
and includes buildings that are reasonably connected with the management of a nature reserve,
inclusive of facilities for day visitors and may include accommodation and tourist facilities with the
consent of Council;

“noise level” means a reading on an integrated impulse sound level meter taken in accordance
with accepted scientific principles, as described in the Noise Control Regulations promulgated in
terms of the Environmental Conservation Act, 1989 (Act 73 of 1989);

“non-conforming use” means any lawful existing use of property as at the implementation date
of this zoning scheme that does not conform to the current development parameters applicable to
such property, or the provisions of this zoning scheme;

“noxious trade” means an offensive, poisonous or potentially harmful trade, use, manufacturing or
other activity which, because of fumes, emissions, smell, vibration, noise, waste products, nature of
material used, processes employed, or other cause, is deemed by Council to be a potential source of
danger, nuisance or offence to the general public or persons in the surrounding area;

“nursery” means a place where young plants and trees are raised for sale, and includes the sale of
allied products or items directly related to gardening and refreshments to the public;

SEPTEMBER 2008 CHAPTER 4: DEFINITIONS AND ABBREVIATIONS 25


KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

[O]

“occupant” means any person who physically inhabits a building, a structure or land, or any person
having the charge or management thereof and includes the agent of any person absent from the
area or whose whereabouts is unknown;
“occupational practice” means the same as “home occupation”;
“offices” means property used for the performance of an administrative function or the conducting
of an enterprise primarily concerned with administrative, clerical, financial or professional services,
and includes a post office or magistrate’s office;
“open space” means an area used for recreation or the conservation of natural resources including
public and private open space as social and recreational areas, marinas, sports facilities, private
roads and cemeteries, whether in public or private ownership;
“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 storage of equipment in so far as
these are usually and reasonably required in the connection with the main building, but does not
include a second dwelling unit;

“outdoor advertising” means the act or process of notifying, informing, making known or any
other act of disseminating information in a visible manner and which takes place and is visible from
a public street or public place;
“overlay area” means a particular area or land unit, which -
(i) stipulates additional development management provisions for a land unit or area, in addition
to the underlying zoning or base zone requirements;
(ii) may include parameters relating to consent use limitations, subdivision, urban renewal,
environmental protection or any other purpose, as set out in this zoning scheme; and
(iii) may add further development management provisions in a particular area or zone which may
be more or less restrictive than for the land units which are not covered by the overlay area;
“owner” in relation to land, means the person(s) or legal entity in whose name that land is
registered in a deeds registry, which may include the holder of a registered servitude right or lease
and any successor- in-title of such a person, and includes any person authorised to act in the
registered owner's stead, any person who in law has been entrusted with the control of such assets
or a person to whom land has been made available in terms of a land availability agreement;
“owners’ association” means an association which was established in terms of the Land Use
Planning Ordinance or succeeding legislation with its role and functions in accordance with this
zoning scheme read with the provisions of the Ordinance, and "Home Owners’ Association" and
“Property Owners’ Association” shall have a corresponding meaning;

[P]

“package of plans” means the hierarchy of plans specified in terms of the regulations in Chapter
10;

“panel beating” means a business or concern where motor vehicles are repaired or overhauled
and includes, spray-painting, panel beating, blacksmithery, exhaust fitment or body work, and a
service station;

SEPTEMBER 2008 CHAPTER 4: DEFINITIONS AND ABBREVIATIONS 26


KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“panhandle” means an erf where vehicular access is achieved by means of a narrow access strip,
which is part of the erf or a servitude of right of way over an adjoining erf;

“parking bay” means an area measuring not less than 5m by 2,5m which is clearly outlined and
demarcated for the parking of one vehicle and which is accessible to the satisfaction of Council. The
measurements for a parking bay will be determined by the standard engineering design guidelines
implemented by Council;

“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, but excludes parking on the ground floor;
“parsonage” means a residence for a spiritual leader, including his or her family, who is in service
of an organisation practicing religion;

“patio” means a paved roofless area adjoining and belonging to a building or an inner court open
to the sky;

“pergola” means any unroofed or uncovered horizontal or approximately horizontal grille or


framework, such that the area in horizontal projection of the solid portions thereof does not exceed
25% of the total area thereof; a pergola will be included in the floor area and coverage calculations
of a building, measured over 90% of the external extent of the area covered by the horizontal
elements of the pergola;

"person" includes legal persons, partnership, trusts, associations of persons, joint ventures and
suchlike entities;

“petrol filling station” means the same as “filling station”;

“place of assembly” means a public hall, a hall for social functions, a music hall, a recreational
hall, a concert hall, an exhibition hall, public art gallery or a town or civic centre, which is not
directly related to a commercial undertaking, but excluding a school hall and a place of
entertainment;

“place of cultural significance” means a place of aesthetic, architectural, historical, scientific,


social, spiritual, linguistic or technological value or significance which qualifies for protection in terms
of the provisions of the Heritage Resources Act, 1999 (Act 25 of 1999);

“place of entertainment” means a facility for the purpose of sport, recreation, entertainment and
the licensed provision of alcohol beverages for the purpose of a restaurant or tavern; a place of
entertainment may include uses such as a dance hall, billiard room, theatre, sport stadium,
gymnasium, private club, a place of assembly or a similar place, but excludes adult entertainment;

“place of instruction” means a crèche, pre-primary school, school, college, technical institute,
university, research institution, convent, public library, public art gallery, museum or other centre of
education and includes an associated hostel, but excludes a building or erf which is intended in its
entirety or predominantly as a certified school, correctional facility or reformatory or industrial school
or reformatory;

“place of worship” means a church, synagogue, mosque, temple, chapel or other place for
practicing religion and includes any building or structure incidental thereto, or parsonage or
residential unit ancillary thereto, but does not include a funeral parlour, cemetery or crematorium
with related chapel;

“plant nursery” means the same as “nursery”;

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“policy” means a non-regulatory directive adopted by Council with the purpose of achieving a
desired land development objective without having to amend this zoning scheme;

“porch” means a roof (not being the floor of a balcony) projecting from the outside of a building
above a doorway, and forming a covered entrance to such building, and includes any paved area
there-under and any low walls or railings enclosing such paved area and any pillars supporting such
roof;

“pre-application consultation” means the discussions between the applicant and the responsible
official prior to the submission of an application as required in this zoning scheme;

“precinct plan” means a plan at a level below and for a smaller area and for a particular phase or
segment than an integrated development plan or any sectoral plan;

“premier” means the Premier of the Province of the Western Cape;

“prescribed” means prescribed in terms of legislation or this zoning scheme or by resolution of


Council;

“primary use” in relation to property, means any use specified in this zoning scheme as a primary
use, being the use that is permissible without the need to first obtain Council’s special consent;

“principles” means a set of values and beliefs that should guide and inform ongoing planning and
development;

“prison” means a place of confinement for convicted criminals or persons awaiting trail;

“private open space” means any land which is or will be in private ownership, or municipal land
on a long term lease with or without access control used primarily as a private site for play, rest or
recreation or as a land use, and includes associated buildings, infrastructure and uses;

“private parking” means parking on private land or a building or part thereof which is reserved
exclusively for parking purposes, if such parking is not normally accessible to the general public;

“private street” means privately owned land which provides vehicle access to a separate cadastral
property or properties and which is designated as private road; which includes associated access
control infrastructure such as a gatehouse, guardhouse, refuse room and utility room, but a
driveway on a property and a servitude right of way over a property do not constitute private roads;

“professional practice” in relation to a dwelling unit means the carrying on of a profession, such
as that of an architect, town planner or accountant, where the emphasis is on the rendering of
professional services as opposed to the selling of goods or other carrying on of other business :
Provided that the dominant use of the property concerned shall remain for living accommodation of
the occupants and one or more of the persons actually reside on the property;

“property” means land that is registered as a separate unit at the deeds registry and includes all
buildings and structures on the land;

“provision” includes a provision prescribed in terms of the Planning Development Act or this zoning
scheme, which regulates zoning and authorises Council to make amendments to this zoning
scheme;

“public nuisance” means any act, omission or condition which is offensive, which is injurious or
dangerous to health, that materially interferes with the ordinary comfort, convenience, peace or
quiet of the public or that adversely affects the safety of the public with regard to -

SEPTEMBER 2008 CHAPTER 4: DEFINITIONS AND ABBREVIATIONS 28


KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

(i) the reasonableness of the activities in question in the area concerned, and the impacts which
result from these activities; and

(ii) any noise levels stipulated in overlay zones applying to the land unit concerned;

“public open space” means land which is under or will be under the ownership of Council, or
other public authority, which is not leased on a long term basis, and which is set aside for the public
as an open area, park, garden, picnic area, playground, or square;

“public parking” means land or a building or part thereof, in public or private ownership, that is
accessible to the general public for parking purposes, with or without a fee;

“public street” means any land indicated on an approved plan, diagram or map as having been set
aside as a public throughway for vehicles, of which the ownership as such vests in the municipality
in terms of any law or agreement;

“Publish in the press” means to publish a notice in accordance with the provisions of this zoning
scheme or any law that may prescribe the publishing of a notice, as the case may be;

"[R]

“railway” means a permanent rail track for the transport of passengers and goods in trains and
includes stations as boarding and alighting points for passengers and the loading and unloading of
goods;

“rear boundary” in relation to a land unit means every boundary thereof (other than a street or
side boundary) which is parallel to, or is within 45˚ of being parallel to every street boundary of
such land unit and which does not intersect a street boundary, provided that in the case of a
panhandle property the Council shall determine which boundary, if any, is the rear boundary;

“reformatory” means an institution for the reform of youthful offenders.

“recreation” means the process or means of refreshing, relaxation or entertaining oneself and
includes sport, fun and games and leisure activities;

“refuse rooms” means a communal storage facility for the short term storage of household waste
within a group housing or general residential development;

“register” means a collection of documents kept and maintained by Council in connection with all
departures, consent uses and non-conforming uses applicable to a property as prescribed or
required under this zoning scheme;

“regulation” means a regulation promulgated in terms of the Land Use Planning Ordinance or
succeeding legislation;

“restaurant” means a business establishment where meals and liquid refreshments are prepared
or served to paying customers for consumption on the property, and may include licensed provision
of alcoholic beverages for consumption on the property;

“residential estate” means a harmoniously designed and built housing development within the
defined boundaries of a particular area in which the dominant use is conservation or recreational
usage and, where the living environment is of a unique character primarily as a result of the
aesthetic and biophysical qualities of the area, which housing development may consist of single
residential dwelling units or, group housing units or flats, arranged in and around the biophysical
features of that development whether for an eco-estate or golf estate or any other such area and
includes communal facilities, e.g. open space, roads, recreational facilities, club house and entrance
SEPTEMBER 2008 CHAPTER 4: DEFINITIONS AND ABBREVIATIONS 29
KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

gates, which is reasonably and ordinary related to the dominant use of the particular development
to Council’s satisfaction, and also includes an agri-estate;

“resort housing” means a harmoniously designed and built tourist accommodation development,
consisting of multiple free standing, linked or single structures, that -

(i) allows for the short term letting of resort housing or the alienation thereof by means of time
sharing, sectional title, share blocks or the subdivision of the property, provided that all units
be included in a rental pool for at least six months of the year, and that this requirement is
included in the constitution of the Home Owners’ Association or body corporate as determined
by Council;

(ii) does not include a hotel, camp site or caravan park;

(iii) may include mobile homes; and

(iv) may include ancillary facilities to resident guests only which are reasonably and ordinarily
related to resort housing such as ablution facilities, tourist facilities, recreation facilities, sport
facilities, lecture rooms, restaurants, conference facilities, spa/hydro and wellness centre;

“resort shop” means a shop within a resort development which does not exceed 120 m² in floor
space, including storage space

“restriction” means a servitude or condition registered against the title deed of immovable
property and restricting its utilisation, and any other statutory restriction on the planning,
development or utilisation of immovable property;

“retail” means the use of a building for the purpose of reasonable and customary sale of goods to
members of the public;

“retaining structure” means a wall or structure constructed so as to hold back earth or loose
rock;

“retirement village” means group housing that conforms to the following additional conditions -

(i) each dwelling unit shall be owned by a person who is 50 years of age or older, and occupied
by at least one person who is 50 years of age or older;

(ii) a range of health care and other facilities shall be provided to the satisfaction of the Council;
and

(iii) such other development management provisions as may in respect of a retirement village be
determined by the Council;

“rezoning” means the amendment of a zoning scheme in terms of the Land Use Planning
Ordinance and succeeding legislation in order to change the zoning of a particular land unit;

“riding school” means a place or undertaking for the hiring of horses and presentation of riding
lessons against payment and includes the care and stabling of such horses, where more than three
horses are kept;

“risk activity” means an undertaking where the material handled or the process carried out may
cause combustion with extreme rapidity and give rise to poisonous fumes or cause explosion and
includes activities involving dangerous and hazardous substances that are controlled in terms of
national legislation;

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“rural residential” means land located outside the demarcated urban area (commonly referred to
as the urban edge) and where the use of land is not for agricultural activities (as prescribed) and
includes a dwelling unit;

[S]

“scenic route” means a public road or street which is declared as a scenic drive by Council in
recognition of the high quality visual amenities alongside that public street including background
vistas of mountains, open country, coastline or town and that, in the opinion of the Council, requires
control in terms of a scenic drive overlay zone;

“scheme area” means the area of jurisdiction of the Municipality, as amended from time to time;

“scrap yard” means a building or land which is utilised for one or more of the following purposes :

(i) storing, depositing or collecting of scrap material or articles the value of which depends mainly
or entirely on the material of which it consists;

(ii) the dismantling of second hand vehicles or machines to recover components or material; and

(iii) the storing or sale of second hand parts, poles, steel, wire, tyres, bricks, containers or other
articles which are suitable to be left in the open without any material damage being incurred;

“secondary use” means a consent use designated by Council as a secondary use, where approval
is delegated to the Department Head, provided it conforms to an approved planning policy that has
undergone an acceptable public process;

“second dwelling unit” means a secondary dwelling unit which is constructed on the same land
unit where a dwelling already exists in a single residential zone or agricultural zone, by means of the
addition of a second kitchen with or without a stove, isolator switch or a dish-washing basin, but
does not include a mobile home and a second dwelling unit shall have a lesser floor area than the
main dwelling unit, up to a maximum floor area of 120m². In the case of a bona fide farm
manager’s dwelling unit on an active agricultural enterprise, a second dwelling unit of up to 240 m²
may be erected as a secondary use, and “granny flat” shall have a corresponding meaning;

“sectoral plan” means any written strategy or plan which deals mainly with one of the sectors or
elements or particular subjects that form part of an integrated development framework and which
may be a spatial, economic, land reform, environmental, housing, water or transport plan;

“service agreement” means a written agreement which is concluded between a developer of


immovable property and the Council, in terms of which the respective responsibilities of the two
parties for the planning, design, provision, installation, financing and maintenance of internal and
external engineering services and the standard of such services are determined;

“service standards” means the minimum standard as prescribed by the guidelines for the
Provision of Engineering Services and Amenities in Residential Developments (generally referred to
as 'The Red Book');

“service station” means a property for the retail supply of fuel, and includes trading in motor
vehicles, oil, tyres or motor spares, general repairs to motor vehicles, washing of vehicles, and a
shop which does not exceed 30% of the total floor space and is integrated with the other facilities in
terms of design; but excludes a fitment centre; spray-painting; panel beating and metal work;

“service trade” means an enterprise which is -

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

(i) primarily involved in the rendering of a service for the local community such as the repair of
household appliances or the supply of household services; and

(ii) not likely to be a source of disturbance to surrounding properties; and

(iii) employs at most 10 people; and

(iv) unlikely, in the event of fire, to cause excessive combustion, give rise to poisonous fumes or
cause explosions; and

(v) includes a builder’s yard and allied trades, laundry, bakery, dairy depot and similar types of
uses; but

(vi) does not include an abattoir, brick-making site, sewage works, service station or panel
beating;

“servitude” means a right that allows a third party the use of property for specified purposes;

“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;

“shop” means property used for the retail sale of goods and services as individual items or in
relatively small quantities to the public; it includes a retail concern where goods which are sold in
such a concern are manufactured or repaired, provided that the floor space relating to such
manufacture or repair shall not comprise more than one-third of the floor space of the shop, but a
“shop” does not include an industry, service trade, panel beating, service station, restaurant, adult
entertainment business, bottle store or industrial hive, and if such uses occur on a land unit, they
shall be subject to the development management provisions applicable to such uses;

“showroom” means a building or portion of a building of which the floor area is used for purposes
of exhibiting and trading of goods, e.g. a motor showroom, building supplies showroom, furniture
showroom and any other such showrooms;

“side boundary” means a boundary of a land unit other than the street boundary or the rear
boundary;

“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;

“single residential” means one dwelling unit and associated outbuildings on a property, whether
such a dwelling is located within a private development or not;

“site development plan” means a plan which shows details of proposed development, including -

(i) existing bio-physical characteristics of the property;

(ii) the layout of the property indicating the use of different portions of the property;

(iii) the position, use and extent of buildings;

(iv) the alignment and general specification of vehicle access, roads, parking areas and pedestrian
footpaths;

(v) the position and extent of private, public and communal space;

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

(vi) general landscaping proposals including vegetation to be preserved, vegetation to be


removed, vegetation to be planted, external paving, and measures for stabilising outdoor
areas where applicable; and

(vii) any other details as may reasonably be required by Council;

“slope” means the degree of deviation of a surface from the horizontal level, usually expressed as a
ratio and for the purpose of this zoning scheme calculated as follows :

Horizontal distance (in metre)


Slope =
Vertical rise (in metre)

“spa", "hydro" and "wellness centre” means a purpose built building for human relaxation and
body regeneration by making use of facilities such as pools, baths, sauna’s and treatment centres
that are applied by professional practitioners;

“spatial plan” means a plan that may form part of an integrated development plan, indicating the
spatial implications thereof and laying down strategies, proposals and guidelines for the future
spatial development of the area to which it relates (including, without being limited to, development
objectives, proposals for land reform, urban renewal, reconstruction, integration, environmental
planning, transport planning, infrastructural planning and urban design) so that the general
principles in Schedule IV of the Western Cape Planning and Development Act (Act 7 of 1999) and
the general well being of the particular community and orderly planning of the area are promoted in
the most effective manner;

“special usage” means a use that is such, or in respect of which the development management
provisions are such, that it is not otherwise catered for in this zoning scheme;

“sport facility” means a property planned, designed and used for sport activities, whether indoors
or outdoors;

“split zone” means the zoning of a relatively small portion of a land unit that is different from the
zoning of the larger portion of the land unit;

“steep property” means a property of which the gradient of the natural ground level is equal to or
exceeds a slope of 1:4 (a 25% gradient);

“storey” means a single level of a building which does not exceed a height of 4m, measured from
finished floor level to finished floor level or to the ceiling in the case of the top storey, provided
that -

(i) a basement does not constitute a storey if it only contains garaging and bona fide storage;

(ii) a roof, or dome which forms part of a roof, shall not constitute a separate storey unless the
space within the roof or dome is designed for, or used for, human occupation, in which case it
is counted as a storey. In any event, any roof measuring more than 2,4m from ceiling to apex
may be considered as a storey;

(iii) any storey which is greater than 4 metres but equal to or less than 6,0 metres in height, shall
for the purpose of the height measurement, be deemed to be two storeys, and every
additional 4 metres in height or portion thereof, shall be deemed to be an additional storey;

(iv) in counting the number of storeys of a building, the ground floor is one storey and the next
floor above is the second storey; and

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

(v) a mezzanine shall be counted as a storey;

“street” in the context of provisions pertaining to street building lines, setbacks, street boundaries,
street corners, off-street parking, site access or loading requirements, includes a public street and a
private road;

“street boundary” means the common boundary of a property and a public street or private road,
provided that where a part of a property has been reserved for a street or street widening in terms
of this zoning scheme or any other law, the street boundary of the property is the boundary of such
proposed street or proposed street widening;

“studio” means a special equipped room as an integral part of a dwelling unit under the same roof
for activities such as pottery and painting;

“structure” without in any way limiting its ordinary meaning, includes any building, shelter, wall,
fence, pillar, pergola, steps, landing, terrace, sign, ornamental architectural feature, swimming pool,
dam, fuel pump and underground tank, and any portion of a structure and a dam;

“structure plan” means a plan approved in terms of section 4(6) or 4(10) of the Land Use
Planning Ordinance, or similar provisions in terms of succeeding legislation, and spatial development
framework shall have a similar meaning;

“subdivide” in relation to land, means to subdivide land whether by means of -

(i) survey;

(ii) the allocation, with a view to a separate registration of land units, of undivided portions
thereof in any manner; or

(iii) the preparation thereof for such subdivision;

“subdivisional area” means land contemplated by the Land Use Planning Ordinance and
succeeding legislation which has been rezoned to a subdivisional area and is subject to -

(i) a density requirement;

(ii) the conditions and stipulations contained in this zoning scheme;

(iii) the planning stipulations of any applicable structure plan; and

(iv) any other conditions laid down at the time of the approval of the rezoning;

“subdivision plan” means a plan which reflects the prescribed information, including but without
being limited to, the relative location of proposed subdivided land units, public places and public
streets on a land unit that is to be subdivided;

“sub-station” means a structure erected with the primary function of distributing electricity, water
and sewerage;

“substitution scheme” means a zoning map or development management provisions which


replace, in terms of Section 14(4)(a) of the Planning Development Act, any other zoning map or
portion thereof, or which replace the subdivisional area zoning allocated in terms of Section 14 of
the Planning Development Act;

“sustainable development” means development that meets the needs of the present generation
without compromising the ability of future generations to meet their own needs;

“Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);

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[T]

“tavern” means a business for which the primary objective is the licensed provision of liquor to
patrons only for on-consumption purposes with the consent of Council and excludes the retail trade
of alcoholic beverages for off-consumption purposes; it may include a restaurant or café designed
and used for the preparation and retail trade of meals and refreshment; and "pub” or “bar” shall
have the same meaning;

“taxi rank” means a development or structure where taxis park for passengers to board or alight
and includes taxi shelters;

“temporary structure” means any structure building that is so declared by the owner or structural
builder and that is being used or is to be used for a specified purpose for a maximum period of six
(6) months, unless otherwise provided. This includes staging, set building, set designers and
scaffolding structures.

“terrace” means an area to which occupants of a building have access, created on a flat roof over
a portion of a storey, resulting from the setting back of part of the building above such a storey;

“this zoning scheme” means the zoning scheme of the Knysna Municipality;

“total floor space” of a building means the sum of the floor space of all the storeys of that
building, including basements;

“tourist accommodation” means an enterprise providing overnight stay to travelling or transient


guests, excluding lodgers, in a building or facility for human habitation purposes and excludes
tourist facilities;

“tourist facilities” means amenities for tourists or visitors such as lecture rooms, restaurants, gift
shops, restrooms or recreational facilities or a chapel, but does not include a hotel or overnight
accommodation;

“town housing” means a housing development, which is a row or group of linked or attached
dwelling units, designed and built as a harmonious architectural entity, of which every dwelling unit
has a ground floor, whether these units are located within a township or not, and could be
cadastrally subdivided;

“Townships Ordinance" (TO) means the Townships Ordinance, 1934 (No. 33 of 1934) and
includes all regulations made there under;

“traffic impact assessment" (TIA) means a study of the potential effect of traffic generated by a
proposed development in relation to the existing and planned road system;

“traffic impact statement" (TIS) means a statement of the potential effect of traffic generated
by a proposed development in relation to the existing and planned road system;

“transmission tower” means a structure or facility incorporating a high mast, antennae or dish, of
more than 3m in height, for the transmission and receiving of radio, television, radar, cellular or
micro waves, as well as its base station and equipment room;

“transportation enterprise” means the use of property for the rendering of a transport service,
including public or private undertakings in order to transport goods or passengers by rail, air, sea,
road or pipe line and for associated purposes, including communication, transport facilities, sheds,

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

container, bus depots, workshops, offices and includes any buildings normally associated and
incidental to such uses;

“transport use” means the actual use of land for transport purposes and infrastructure (e.g.
airport, road, railway, road reserve and station and excludes public and private streets;

“trees worthy of preservation” means a protected tree listed under Section 12 of the National
Forest Act (Act 84 of 1998), a tree taller than 6 m, and a tree with trunk with a circumference of
more than 1,5 m measured one metre from the ground, that is not declared an invader plant for the
Western Cape under Section 2(3) of the Conservation of Agricultural Resources Act, 1983 (Act 43 of
1983);

"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;

[U]

“unstable soil” means soil that is considered by Council unsafe and subject to movement or
unsafe as a result of soil or geo-technical conditions;

“urban conservation” means the development or maintenance of the built environment in a


prescribed manner, aimed at maximisation of its historic environmental, aesthetic or social attributes
and the enhancement of the value of the area, both for present and future users;

“urban edge” means a demarcated line which may follow cadastral boundaries or not, and the
Council’s related policy which serves to manage, direct and control the outer limit of urban
expansion;

“urban fabric” means the pattern of urban development, taking into account the size of buildings,
the nature and number of spaces between buildings and the road network serving buildings (e.g.
buildings with large space between them and few roads, create a coarse urban fabric);

“used” in addition to its ordinary meaning includes designed or intended to be used;

“use right” in relation to land, means the right to utilise that land in accordance with its zoning,
including any lawful departure or consent use or non-conforming use;

“use zone” means that part of the zoning scheme, which has been shown on the zoning map by
means of a specific notation or bordering or any other distinguishing manner, in order to identify the
permitted use of the land;

[V]

“veranda” 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 thereof, and includes both such area or floor and the roof or other feature covering it, as well
as any low walls or railings enclosing such paved area or floor;

[W]

“warehouse” means a building used primarily for the storage of goods, except those that are
offensive or dangerous, and includes property used for business of a predominantly wholesale
nature, but does not include property used for business of a predominantly retail nature;

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

“waste disposal site” means a place where household, commercial or industrial waste products
are stored, salvaged, treated or disposed of in a lawful manner, and includes sanitary landfill;

“wendy house” means a wooden structure used primarily for storage purposes;

“wholesale” means the sale of goods or products in bulk to retailers;

“wilderness area” means a predominantly natural and unmodified area upon which the impact of
humans has been minimal, retaining its primeval and pristine character and influence, without
permanent improvements or human habitation, which is protected and managed so as to preserve
its natural state;

“woonerf” means a residential development where the road system is planned in a varied way
around the dwellings to facilitate the use thereof as parking areas or as playing areas for
recreational purposes;

“workshop” means a building in which goods are repaired of manufactured;

[Z]

“zone” when used as a noun, means land which has been designed for a particular zoning,
irrespective of whether it comprises one or more land units or part of a land unit;

“zone” when used as a verb in relation to land, means to designate the land for a particular zoning;

“zoning” when used as a noun, means a category of directions regulating the development of land
and setting out the purposes for which the land may be used and the land use or development
management provisions applicable in respect of the said category of directions, as determined by
the zoning scheme regulations;

“zoning map” means an approved map or maps showing the zones and land units in respect of
land situated within the Council’s area of jurisdiction;

“zoning scheme” means a scheme that has been approved by the Council, for the zoning of land
within the Municipality, consisting of zoning scheme regulations or zoning scheme by-laws and a
register, with or without a zoning map and "the scheme" or "this scheme" shall have a
corresponding meaning.

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

4.2 ACRONYMS AND ABBREVIATIONS

In these regulations the following acronyms and abbreviations shall have the meanings set out
opposite them :

ADC As Determined by Council

CBD Central Business District

DEADP Department of Environmental Affairs and Development Planning

du/ha Dwelling units/hectare

EIA Environmental Impact Assessment

EMP Environmental Management Plan

GLA Gross Lettable Area

ha Hectare

HRA Heritage Resources Act, 1999 (Act 25 of 1999)

HWC Heritage Western Cape

IDP Integrated Development Plan

IEM Integrated Environmental Management

inter alia Amongst other things

LPG Liquid Petroleum Gas

MM Municipal Manager

mutatis mutandis With the necessary changes

NGL Natural Ground Level

NIA Noise Impact Assessment

SAHRA South African Heritage Resources Agency (formerly known as the National
Monuments Council)

SAMOAC South African Manual for Outdoor Advertising Control

SDP Site Development Plan

TIA Traffic Impact Assessment

u unit

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

CHAPTER 5: ZONINGS

PURPOSE:

The purpose of this chapter is to list the provisions for each zone and its respective notifications on
the zoning map. The zoning provisions are also summarised in tables for easy reference purposes.

5.1 AREA OF JURISDICTION

This zoning scheme applies to the Knysna Municipal area of jurisdiction, as indicated on Map A
(Schedule A), named Map of Administrative Jurisdiction.

The Scheme regulations made in terms of Section 8 and 7(2) of the Land Use Planning Ordinance,
1985 (no 15 of 1985) are hereby repealed and replaced with this revised Scheme with effect from
(…………….. date of notification of its adoption when published in the Provincial Gazette).

Everything legally done in terms of the regulations hereby repealed will be regarded as having been
done in terms of the corresponding provisions of this Scheme.

5.1.1 Table A: Specific Land Use Zone

Land shown on the zoning maps and as illustrated in Table A, is zoned for the respective purposes
as set out in Table A and any use which is not reflected as a use in the respective zone, shall not be
permitted in the zone concerned, subject to any other provisions to the contrary in the PDA and this
Scheme.

TABLE A: ZONING

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION

AGRICULTURE

1 Agriculture Agriculture. • Agriculture • Additional • Agricultural


• Dwelling unit dwelling unit holdings

• Home • Day care • Agri-village


occupation facility • Animal sanctuary
• Intensive • Farm industry • Aquaculture
horticulture • Guest • Bed and
• Professional Accomodation Breakfast
practice • Second • Commercial
dwelling unit kennel
• Commercial
stabling
• Conference
facility

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION
• Farm shop/ farm
stall
• Guest house/
Guest lodge
• Helistop
• Riding school
• Nursery
• Place of
Instruction
• Place of Worship
• Service trade
• Tourist
accommodation
• Tourist facility
• Transmission
tower

2 Agricultural Processing of • Abattoir • Aquaculture • Farm stall/ farm


Industry agricultural • Agricultural shop
products. industry • Transmission
• Caretaker’s tower
quarters
• Dwelling unit
• Feed lot

3 Rural Smaller rural • Dwelling unit • Additional • Agricultural


Residential properties with dwelling unit holdings
no agricultural • Farm industry • Animal sanctuary
potential,
• Guest • Aquaculture
occupied as
Accomodation • Bed and
places of
• Home Breakfast
residence by
occupation • Commercial
people who seek
a country • Intensive kennel
lifestyle. horticulture • Commercial
• Professional stabling
practice • Conference
• Second facility
dwelling unit • Day care facility
• Farm stall/ farm
shop
• Riding school
• Nursery
• Place of

SEPTEMBER 2008 CHAPTER 5: ZONING 40


KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION
Instruction
• Place of Worship
• Tourist
accommodation
• Tourist facility
• Transmission
tower

RESIDENTIAL

4 Single Conventional • Dwelling unit • Guest • Bed and


Residential housing of Accomodation Breakfast
single dwelling • Home industry • Day care facility
units.
• Home • Hospice
occupation • House shop
• Medical • Place of Worship
consulting
• Tavern
room
• Transmission
• Professional
tower
practice
• Second
dwelling unit

5 Group Medium density • Group housing • Home • None


Housing residential • Town housing occupation
developments • Professional
• Retirement
with ground practice
village
floor access.

6 Guest House Tourist • Guest House • None • None


accommodation
that exceeds the
limitations of a
Bed and
Breakfast

7 General Medium to high • Boarding • Conference • Institution


Residential density house facility • Offices
residential • Flats • Hospice • Place of
developments.
• Guest house/ • Hotel Assembly
Guest lodge • Place of
• Group housing Instruction
• Place of Worship
• Tourist
accommodation

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION

8 Residential Residential • Residential • Resort housing • Group housing


Estate Estate governed estate • Guest house/
by a property Guest lodge
Owners’
• Hotel
Association.
• Place of
Entertainment
• Heli-stop
• Landing area
• Restaurant
• Tourist facility

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION

BUSINESS

9 Resort Tourist • Camp site • Tourist facility • Hotel


accommodation • Resort housing • Resort shop • Place of
• Guest Lodge Assembly
• Place of
Entertainment

10 Local Low intensity • Business • Bed and • Authority use


Business business • Flats (above Breakfast • Dormitory
promoting ground floor • Day care establishment
mixed uses. only) facility • Flats only
• Guest • Place of
house/Guest Assembly
lodge
• Place of
Entertainment
• Place of
Worship
• Transmission
tower

11 General Intensive • Bed and • Day care • Adult


Business business and Breakfast facility entertainment
mixed use • Business • Flats only • Authority use
development.
• Conference • Institution • Car wash
facility • Laundry • Dormitory
• Flats (above • Liquor store establishment
businesses • Filling station
• Motor trade
only)
• Place of • Fitment centre
• Guest house/
Assembly • Funeral parlour
SEPTEMBER 2008 CHAPTER 5: ZONING 42
KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION
Guest lodge • Place of • Private parking
• Hotel Entertainment • Service station
• Nursery • Place of • Service trade
Instruction
• Parking garage • Transmission
(ancillary to • Place of tower
business Worship
• Workshop
building)

12 Filling • Sale of fuel • Filling Station • Trading in • Fitment centre


Station and oil motor vehicles • Restaurant
• Motor vehicle • Car wash • Service station
repairs
• Workshop

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION

INDUSTRIAL

13 Service Service stations • Car wash • Filling station • Abattoir


Industrial motor repair • Fitment centre • Funeral parlour • Adult
garages and entertainment
• Service trade • Institution
associated
• Place of • Authority use
facilities that
Assembly • Crematorium
have specific
vehicle access • Place of • Liquor store
requirements Instruction • Place of
and potential • Place of Entertainment
impacts on Worship • Transmission
adjoining areas • Service station tower
that may need
• Shop • Transport
to be mitigated.
services
• Warehouse

14 Industrial General and • Builder’s yard • Authority use • Adult


light industry. • Industrial • Crematorium entertainment
laundry • Shop • Crematorium
• Industry • Filling station
• Panel beating • Furnace
• Service trade • Place of
• Transport Assembly
enterprise • Place of
• Warehouse Entertainment
• Service station
• Scrap yard
• Transmission

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATION
tower

COMMUNITY

15 Educational Educational • Place of • Dwelling unit • Cemetery


uses. Instruction • Parsonage • Place of
• Place of Worship
Assembly

16 Worship Religious • Place of • Day care • Cemetery


purposes. Worship facility • Crematorium
• Parsonage
• Place of
Assembly
• Place of
Instruction

17 Institutional Social, Welfare, • Institution • Place of • Boarding


Health, etc. (excluding Worship house
reformatory) • Place of
Instruction
• Prison
• Reformatory

OPEN SPACE

18 Public Open Public recreation • Public Open • Authority use • Cemetery


Space area. Space • Sport facility • Crematorium
• Transmission
tower

19 Private Open Private • Private Open • Care taker’s • Camp site


Space recreation area. Space quarters • Dwelling unit
• Private street • Infrastructure
• Sport facility usage
• Refuse rooms • Transmission
tower

20 Conservation Environmental • Conservation • None • Camp site


conservation. usage • Dormitory
• Nature reserve establishment
• Environmental
facility
• Tourist facility

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

ZONING LAND USE PRIMARY USE SECONDARY CONSENT USE COLOUR


PURPOSE USE NOTATI
ON

UTILITY

21 Utility Utility facilities. • Authority use • None • None


• Infrastructure
usage
• Municipal
Store

TRANSPORT

22 Transport Transport • Transport use • Authority use • Heliport


purposes. • Restaurant
• Shop
• Transmission
tower

23 Street Public and • Public Street • Infrastructural • Informal


private street. • Private Street usage trading

24 Parking Parking. • Private parking • None • Filling station


• Public parking • Service station

SPECIAL

25 Special Zone Special usage. • As determined • As determined • As determined


per special per special per special
zone zone zone

26 Subdivisional Confirmation of • N/A • N/A • N/A


Area Zone the principle of
subdivision.

27 Undetermine Land with • None • None • None


d Zone undetermined
zoning and
development
management
provisions.

28 Overlay Area Areas with • As determined • As determined • As determined


Zone special per overlay per overlay per overlay
circumstances area area area
and local
conditions

5.1.2 Comparable table of zonings

To compare the zonings that applied prior to the implementation of this Scheme with the new
zonings, the comparable table of zonings sets out the comparable zonings.
SEPTEMBER 2008 CHAPTER 5: ZONING 45
KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

5.2 EXPLANATION OF STANDARD PROVISIONS

5.2.1 Land use designation objective

The purpose of this section is to present guidelines and to explain the permissible use of land or
buildings.

5.2.2 Land use parameters

The purposes, called primary uses, for which land may be utilised or buildings may be erected as-
of-right for each of the B-series of zoning tables, are shown under the heading: Primary Uses.

The purposes, called secondary uses, for which land may be utilised or buildings may be erected,
with the consent of the Department Head, are shown under the heading: Secondary Uses.

The purposes, called consent uses, for which land may be utilised or buildings may be erected only
with the consent of Council for each of the zonings, are shown under the heading: Consent Uses.

5.2.3 Development Parameters

The development parameters within which land may be utilised or buildings may be erected for each
of the zones, are shown under the heading: Development parameters. Any use of land (including
the erection of buildings) that does not comply with the prescribed building lines, height, setback,
coverage, floor area ratio, density or parking requirement, shall not be permitted in the zone
concerned, subject to the provisions of this Scheme and unless Council grants special approval.

5.2.4 Development Management Provisions

The purpose of this section is to explain how to manage development to achieve the characteristics
of the zone concerned as explained in the land use designation objective.

5.2.5 General Provisions

General provisions, policies and guidelines refer to matters that apply to more than one zone.
Compliance with these provisions does not imply that compliance with any other law is not required.

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KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

5.3 AGRICULTURE ZONE

TABLE: B1 AGRICULTURE

PURPOSE: Bona fide sustainable agricultural production

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Agriculture • Additional dwelling unit • Agricultural holdings


• Dwelling unit • Day care facility • Agri-village
• Home occupation • Farm industry • Animal sanctuary
• Intensive horticulture • Guest Accomodation • Aquaculture
• Professional practice • Second dwelling unit • Bed and Breakfast
• Commercial kennel
• Commercial stabling
• Conference facility
• Farm shop/farm stall
• Guest house/guest lodge
• Helistop
• Riding school
• Nursery
• Place of Instruction
• Place of Worship
• Service trade
• Tourist accommodation
• Tourist facility
• Transmission tower

DEVELOPMENT PARAMETERS

Street Side Rear


building building building Height Coverage Floor Area Parking
line line line

• 30 m • 30 m • 30 m • Dwelling • ADC • Second • Second dwelling:


units: 8m/2 dwelling:300m² 1 bay;
storeys • Additional • Additional
• Bona fide dwelling:125m² dwelling: 1 bay
agricultural • Bona fide farm per unit;
store: 10m labourers • Tourist
• Places of cottage: 50m2 accommodation:
Worship and • Farm stall/shop: bay/bedroom;
Instruction: 100 m² • Home occupation
10m and professional
SEPTEMBER 2008 CHAPTER 5: ZONING 47
KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

• Tourist practice: 3 bays;


accommodation: • Bed and
400 m² Breakfast and
• Tourist facilities: Guest house: 1
200 m² bay/bedroom;
• • Day care: 1
bay/staff and 1/5
children;
• Place of
Instruction:
School: 1
bay/classroom
plus 1/10
students;
• Tertiary: 1 bay
per classroom
plus 1 per 3
students for
visitors;
• Place of
Worship: 1 bay/6
seats

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.3.

The objective for this zone is to -

(i) provide for the use of property for the purposes of bona fide, sustainable agricultural
production;

(ii) preserve suitable agricultural property;

(iii) control the subdivision of property for small holding purposes; and

(iv) provide for property to be developed and buildings erected for reasonable agricultural
purposes.

5.3.1 Land Use Parameters

(a) Primary Use

Agriculture; Dwelling unit; Home occupation; Intensive horticulture; Professional practice

(b) Secondary Use

Additional dwelling unit; Day care facility; Farm industry; Guest Accomodation; Second
dwelling unit

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(c) Consent Use

Agricultural holdings; Agri-village; Animal sanctuary; Aquaculture; Bed & Breakfast


establishment; Commercial kennel; Commercial stabling; Conference facility, Farm shop/farm
stall; Guest house/Guest lodge; Helistop, Riding school; Nursery; Place of Instruction; Place of
Worship; Service trade; Tourist accommodation; Tourist facilities; Transmission tower

5.3.2 Development Parameters

(a) Building lines

Street building lines: 30m

Side building lines: 30m

Rear building lines: 30m

Where a property is smaller than 5ha due to historical reasons (i.e. not caused by the
registered owner) or being subdivided as such, a 15m building line shall apply along all
boundaries.

(b) Height

(i) The maximum height for a dwelling unit is two storeys limited to a maximum of 8m
above natural ground level directly below a given point or portion of the building.

(ii) The maximum height of a bona fide agricultural store (e.g. barn, milking shed) shall not
exceed 10m above natural ground level directly below a given point or portion of the
building.

(iii) The maximum height of all other buildings shall be limited to two storeys or 8m above
natural ground level, except for a place of worship and Place of Instruction where the
maximum height shall be restricted to 10m above natural ground level.

(c) Coverage

(i) The maximum coverage of all buildings shall be no more than that required to carry out
the bona fide agricultural activities on the property plus that allowed under specific
provisions set out in section 5.3.3 below, provided that Council may, at the discretion of
the Department Head require the submission of a comprehensive Site Development Plan
before approving building plans.

(d) Floor area

(i) The maximum floor area for all buildings shall be no more than that required to carry
out the bona fide agricultural activities on the property plus that allowed under specific
provisions set out in Section 5.3.3 below, provided that Council may, at the discretion of
the Department Head require the submission of a comprehensive Site Development Plan
before approving building plans.

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5.3.3 Development Management Provisions

(a) Place of Instruction and Place of Worship

(i) Access to the establishment shall be according to the requirements of the applicable
Roads Authority.

(ii) Parking shall be provided as follows:

Place of Worship • 1 bay per 6 seats

Place of Instruction:
• School • 1 bay per classroom plus 1 per 10 students
• Tertiary • 1 bay per classroom plus 1 per 3 classrooms for visitors

(b) Additional dwelling unit

(i) See Section 6.4.

(c) Second dwelling unit

(i) For the purposes of bona fide farm labourer accommodation, such accommodation units
will not be regarded as second dwelling units.

(ii) The second dwelling unit shall remain part of the main land unit.

(iii) The maximum floor area of the second dwelling unit will be 300m2, excluding
outbuildings.

(iv) One parking bay must be provided.

(v) The architectural style of a second dwelling unit shall reflect the rural environment of
the area concerned.

(d) Tourist accommodation

(i) The maximum floor area of a building to be used for tourist accommodation purposes
shall be 400m².

(ii) The sum of the total floor area of the tourist accommodation building and the additional
dwelling units on a property shall not exceed the total allowed floor area for additional
dwelling units on that property.

(iii) One parking bay per bedroom shall be provided.

(iv) The architectural style of a tourist accommodation building shall reflect the rural
environment of the area concerned.

(e) Tourist facilities

(i) Services shall be provided to the satisfaction of Council.

(ii) Sufficient water storage should be provided for emergency purposes.

(iii) The maximum floor area of units shall be limited to 200m² (excluding storage facilities).
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(iv) Parking shall be provided at 1 bay per guest room.

(v) The architectural style of the tourist facilities shall reflect the rural environment of the
area concerned.

(f) Agricultural holdings and Agri-villages

These are intended to promote land reform and will only be considered in such cases, in conjunction
with the relevant departments. The policy statements found at 6.8 and 6.9 are aligned with the
relevant Provincial policies.

(g) Services

(i) The municipality can only provide such services in the rural areas as are allowed by its
resources.

(ii) A person who applies for additional units must prove that sufficient water can be
provided to cater for drought conditions.

(h) Subdivision of property

(i) The subdivision of land for agricultural purposes is governed by the requirements of the
responsible department. These requirements may include proof of sustainability of
agricultural units based on agricultural activity, size of unit, availability of water, soil
potential or any other criteria which may apply.

(ii) The rezoning or subdivision of land for any non-agricultural purposes shall be evaluated
by the responsible department based on proof that the area concerned can not be
farmed as a sustainable agricultural unit.

(iii) In general, subdivision of agricultural land is not supported, as it reduces the viability of
agricultural units.

5.3.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Additional dwelling unit (Section 6.4)

(b) Aesthetics and landscaping (Section 6.6)

(c) Agricultural holdings (Section 6.8)

(d) Agri-village (Section 6.9)

(e) Animal sanctuary, commercial kennels, commercial stabling, horse riding, intensive
horticulture and nurseries (Section 6.10)

(f) Aquaculture (Section 6.11)

(g) Architectural design manual (Section 6.12)

(h) Bed and Breakfast Establishment (Section 6.13)

(i) Day care facility (Section 6.14)

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(j) External appearance of buildings (Section 6.17)

(k) Farm labourer’s accommodation (Section 6.18)

(l) Farm stall/farm shop (Section 6.19)

(m) Guest Accmodation (Section 6.21)

(n) Guest house/guest lodge (Section 6.22)

(o) Home occupation (Section 6.23)

(p) Professional practice (Section 6.33)

(q) Sustainable Services Provision (Section 6.36)

(r) Transmission tower (Section 6.38)

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5.4 AGRICULTURAL INDUSTRY ZONE

TABLE: B2 AGRICULTURAL INDUSTRY

PURPOSE: Processing of agricultural products

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Abattoir • Aquaculture • Farm stall/farm shop


• Agricultural industry • Transmission tower
• Caretaker’s quarters
• Dwelling unit
• Feed lot

DEVELOPMENT PARAMETERS

Street Side Rear


building building building Height Coverage Floor factor Parking
line line line
30 m 30 m 30 m 10 m N/A Agricultural industry:500 Dwelling unit: 1
m² bay

Farm shop/stall: 100 m² Farm shop/stall:


1 bay per 25
Caretaker’s quarters: 75

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.4.

The objective for this zone is to make provision for the processing of agricultural products on farms
where such processing may, in Council’s opinion, potentially impact negatively on the amenity of the
surrounding area in terms of the size or intensity of the activity, but for reasons of efficiency these
activities are best situated within an agricultural area, as opposed to an urban or industrial area.

5.4.1 Land Use Parameters

(a) Primary Use

Abattoir; Agricultural industry; Caretaker’s quarters; Dwelling unit; Feed lot

(b) Secondary Use

Aquaculture

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(c) Consent Use

Farm shop/farm stall; Transmission tower

5.4.2 Development Parameters

(a) Building lines

Street building lines: 30m

Side building lines: 30m

Rear building lines: 30m

(b) Height

(i) The maximum height of a structure for an agricultural industry shall not exceed 10m
above natural ground level directly below a given point or portion of the building.

(ii) Council may determine an alternative height limitation in response to the operational
requirements of a particular agriculture industry.

(c) Floor area

(i) The total floor space of the agricultural industry shall not exceed 500m².

(ii) The applicant shall motivate the required floor space based on the nature and scale of
the agricultural industry concerned.

(iii) Any farm store or farm stall shall not exceed a floor space of 100m².

(iv) Council may stipulate alternative floor space limitations taking into account the
character of the area and operational requirements of a particular agricultural industry.

5.4.3 Split zoning

The Council may approve rezoning of a portion of a land unit that is otherwise zoned Agriculture, to
a “split zoning” of Agricultural Industry Zone, provided that the area affected by the “split zoning” is
clearly identified on a survey diagram or other plan prepared by a suitably qualified person to
Council’s satisfaction and endorsement.

5.4.4 Development Management Provisions

(a) Caretaker’s quarters

(i) The floor area of care taker’s quarters shall not exceed 75m².

5.4.5 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aquaculture (Section 6.11)

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(b) Farm stall/farm shop (Section 6.19)

(c) Transmission tower (Section 6.38)

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5.5 RURAL RESIDENTIAL ZONE

TABLE: B3 RURAL RESIDENTIAL

PURPOSE: Non-agriculture

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Dwelling unit • Additional dwelling unit • Agricultural holdings


• Farm industry • Animal sanctuary
• Guest Accomodation • Aquaculture
• Home occupation • Bed and Breakfast
• Intensive horticulture Establishment
• Professional practice • Commercial kennel
• Second dwelling unit • Commercial stabling
• Conference facility
• Day care facility
• Farm stall/Farm shop
• Riding school
• Nursery
• Place of Instruction
• Place of Worship
• Tourist accommodation
• Tourist facility
• Transmission tower

DEVELOPMENT PARAMETERS

Street Side Rear


building building building Height Coverage Floor area Parking
line line line

• 10m • 10m • 1m • 8m/ • N/A • Farm shop/stall: • Dwelling unit:


2 storeys 100 m² 1 bay
• Farm Labourer • Additional
accommodation: dwelling:1 bay
50 m² • Second dwelling:1
Second dwelling • Bed and Breakfast:
unit: 300 m² 1 bay per bedroom
• Home occupation
and professional
practice: 3 bays
• Place of
Instruction:
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• School: 1
bay/classroom
plus 1/10 students
• Tertiary: 1
bay/classroom
plus 1/3 students
for visitors
• Place of Worship:
1 bay/6 seats

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.5.

The objective for this zone is to -

(i) make provision for the appropriate zoning of land not regarded as agricultural land by the
Department of Agriculture;

(ii) provide for activities, associated infrastructure and buildings that are in keeping with the rural
character of the area, a character regarded as different to a distinctly agricultural character.

5.5.1 Land Use Parameters

(a) Primary Use

Dwelling unit

(b) Secondary Use

Additional dwelling unit; Farm industry; Guest Accomodation; Home occupation; Intensive
horticulture; Professional practice; Second dwelling unit

(c) Consent Use

Agricultural holdings; Animal sanctuary; Aquaculture; Bed and Breakfast Establishment;


Commercial kennels; Commercial stabling; Conference facility, Day Care Facility; Farm
shop/farm stall; Riding school; Nursery; Place of Instruction; Place of Worship; Tourist
accommodation; Tourist facility; Transmission tower

5.5.2 Development Parameters

(a) Building lines

Street building lines: 10m

Side building lines: 10m

Rear building lines: 10m

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(b) Height

The maximum height for dwelling units is two storeys limited to a maximum of 8m above
natural ground level directly below a given point or portion of the building.

(c) Floor area

(i) The total floor space of all buildings on the land unit shall be determined at the
discretion of the Department Head upon the submission of a comprehensive Site
Development Plan before approving building plans.

(ii) Any farm shop/farm stall shall not exceed a floor space of 100m².

5.5.3 Development Management Provisions

(a) Place of Instruction and Place of Worship

Place of Instruction, Place of Worship and related uses shall be restricted to uses which, in
the opinion of Council, will be serving the rural community without causing nuisance to
surrounding rural residential properties.

(b) Second dwelling unit

(i) One additional parking bay must be provided on the property in respect of the second
dwelling unit.

(ii) Where required, the second dwelling unit shall be planned as a harmonious architectural
entity with the main dwelling and may, in Council’s opinion, not detract from the
amenity of the neighbourhood.

(iii) The second dwelling unit may have a kitchen designed for the preparation and cooking
of food.

(iv) The second dwelling unit may be erected to incorporate existing servants’ quarters or
outbuildings.

(v) For the purposes of bona fide farm labourer accommodation, such accommodation units
will not be regarded as second dwelling units.

(vi) The maximum floor area of the second dwelling unit on agricultural zoned land will be
300 m2, excluding outbuildings.

(c) Subdivision of land

(i) The subdivision and rezoning of land from agricultural purposes to rural purposes shall
be governed by the requirements of the responsible department. These may include
proof of the non-sustainability of portions in question based on agricultural activity, size
of unit, availability of water, soil potential or any other criteria which may apply.

(ii) Council’s decision in respect of the subdivision of a property shall be governed by the
following considerations:

(aa) Average density of the area and Council’s density policy.

(bb) Location of sensitive environments.


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(cc) Relevant requirements of a structure plan or related spatial plan.

(dd) Relevant requirements of an urban edge policy, rural/smallholding study or any


policy arising therefrom.

(ee) Regulations promulgated in terms of the Environment Conservation Act, 1989


(Act 73 of 1989) or the National Environmental Management Act, 1998 (Act 107
of 1998).

(iii) No new rural residential subdivision in terms of this Scheme may be smaller than 3ha in
extent.

5.5.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Additional dwelling unit (Section 6.4)

(b) Aesthetics and landscaping (Section 6.6)

(c) Animal sanctuary, commercial kennels, commercial stabling, horse riding, intensive
horticulture and nurseries (Section 6.10)

(d) Aquaculture (Section 6.11)

(e) Architectural design manual (Section 6.12)

(f) Bed and Breakfast Establishment (Section 6.13)

(g) Day care facility (Section 6.14)

(h) External appearance of buildings (Section 6.17)

(i) Farm labourer’s accommodation (Section 6.18)

(j) Farm stall/farm shop (Section 6.19)

(k) Guest Accomodation (Section 6.21)

(l) Home occupation (Section 6.23)

(m) Professional practice (Section 6.33)

(n) Sustainable Services Provision (Section 6.36)

(o) Transmission tower (Section 6.38)

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5.6 SINGLE RESIDENTIAL ZONE

TABLE: B4 SINGLE RESIDENTIAL

PURPOSE: Single residential

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Dwelling unit • Guest Accomodation • Bed and Breakfast


• Home industry • Day care facility
• Home occupation • Hospice
• Medical consulting room • House shop
• Professional practice • Place of Worship
• Second dwelling unit • Tavern
• Transmission tower

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 4,5 m • 2m • 2m • 8m/2 • 40% • 0,7 • Dwelling unit: 1 bay


storeys • Place of Worship: 1 bay/6 seats
• Bed and Breakfast: 1
bay/bedroom
• Home occupation and
professional practice: 3 bays
• Second dwelling: 1 bay
• Day care facility: 1 bay/staff and
1 bay/5 children
• Guest house/lodge: 1
bay/bedroom
• House shop: 2 bays

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.6.

The objective for this zone is to provide for -

(i) the use of land for the purpose of single family residential dwellings;

(ii) the well-being of the residents of a dwelling unit within its neighbourhood;

(iii) the protection of the quality and character of residential neighbourhoods;


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(iv) limited allowance for multiple use of buildings with no adverse impact on the residential
environment and to stimulate economic development provided that the dominant use remains
for residential purposes;

(v) residential use purposes primarily located inside the urban edge.

5.6.1 Land Use Parameters

(a) Primary Use

Dwelling unit

(b) Secondary Use

Guest Accomodation; Home industry, Home occupation; Medical consulting rooms;


Professional practice; Second dwelling unit

(c) Consent Use

Bed and Breakfast; Day care facility; Guest house/guest lodge; Hospice; House shop; Place of
Worship; Tavern; Transmission tower

5.6.2 Development Parameters

(a) Building lines

Unless otherwise indicated in an overlay area for a specific geographical area, the building
lines for this zone shall be:

Street building lines: 4,5m

Side building lines: 2m

Rear building lines: 2m

Lagoon building lines: 10m

Lateral building lines for Leisure Isle: 1,5m

(b) Height

(i) At most 8m above natural ground level directly below any given point of the building
with a maximum of 2 storeys, excluding minor architectural features such as chimneys
and weather vanes. These features may be allowed at the discretion of Council.

(ii) Provided that a departure from the 2 storey limit may be considered due to the slope of
the site; provided further that the 8m restriction is maintained and that the additional
storey is added to the building on the lower side of the slope.

(c) Coverage

A maximum of 40% up to a maximum of 500m².

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(d) Floor factor

A maximum of 0,7.

(e) Parking

At least one parking bay per dwelling unit. Council may require the parking bay in the form of
an enclosed garage where the character of the area would be enhanced by this.

5.6.3 Development Management Provisions

(a) Density control

(i) In the case of any subdivision creating a pan-handle erf in the areas stipulated in this
clause, the area of such pan-handle erf, excluding the area of the handle or access
strip, shall not be less than 90% of the minimum erf size required for the particular
areas under this clause.

(ii) Council shall determine the minimum width of the access strip for pan-handle erven
which, in any case, shall not be less than 4,5m wide or for access strips exceeding 50 m
in length not less than 6 m wide.

(iii) The sizes of the new properties shall not be smaller than 10% of the average residential
property size within a radius of 150m from the subject property.

(iv) New properties shall only be allowed where the slopes of the subdivided properties
allow for a new unit.

(b) Garages and Carports

(i) Notwithstanding these building lines but subject to the consent of the affected adjoining
owners, as determined by Council, first being obtained in writing, Council, may, without
advertisement approve the erection of a garage or carport which exceeds a side or rear
building line, if, in Council’s opinion, the garage cannot reasonably be sited at the
prescribed distance due to the slope of the land unit, or for other reasons, provided:

(aa) The height of such a garage shall not exceed a height of 3,5m above the natural
ground level directly below any given point or portion of the building;

(bb) the garage shall not be closer than 5 m to the road kerb; compliance with the
street building line;

(cc) no doors or windows will be permitted in any wall of such building which fronts
onto the side and/rear boundary concerned;

(dd) the provision of an access way, other than through a building and at least 1 m
wide, from a street to every vacant portion of the land unit concerned, other
than a court yard;

(ee) the width of such a carport measured edge to edge of the roofing and guttering
and parallel to the street boundary shall not exceed 6,5 m;

(ff) the roof of the carport shall be supported by metal or wrought timber posts or
brick, concrete or masonry pillars;

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(gg) the carport shall not be enclosed on any side except by -

− a boundary wall or fence;


− a wall which forms an external wall to the building;
− a wall or fence, not being a wall or fence referred to above, which does not
exceed 1,25 m in height;
(hh) the height of such carport from the floor to the highest point of its roof shall not
exceed 3 m;

(ii) the edges of the roof sheeting shall be neatly trimmed with a facia board not
less than 150 mm in depth;

(jj) storm water shall be directed away from affected neighbouring properties; and

(kk) building lines as specified in the registered Title Deed of a property shall prevail
over the building lines as specified in this Scheme Regulations.

5.6.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Bed and Breakfast (Section 6.13)

(c) Day care facility (Section 6.14)

(d) Development on cliff-top along the coast line (Section 6.16)

(e) External appearance of buildings (Section 6.17)

(f) Garden sheds and wendy houses on residential erven (Section 6.20)

(g) Guest Accomodation (Section 6.21)

(h) Guest house/guest lodge (Section 6.22)

(i) Home occupation (Section 6.23)

(j) House shop (Section 6.25)

(k) Medical consulting rooms (Section 6.28)

(l) Mobile Homes (Section 6.29)

(m) Outbuildings (Section 6.31)

(n) Professional practice (Section 6.33)

(o) Sustainable Services Provision (Section 6.36)

(p) Tavern (Section 6.37)

(q) Transmission tower (Section 6.38)

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5.7 GROUP HOUSING ZONE

TABLE: B5 GROUP HOUSING

PURPOSE: Medium density residential developments with ground floor access

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Group housing • Home occupation • None


• Town housing • Professional practice
• Retirement village

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Density Parking
factor
line line line

• 0m • 0m • 0m • 8 m /2 • 30 units/ha • 0.7 • Group house: 2 bays per


storeys or unit plus 1 bay/2 units for
• 40 units/ha visitors
in an area • Home occupation and
identified in professional practice: 3
an Overlay bays
Area for • Retirement village: 1
infill bay/unit plus 0,5 additional
developmen bays per unit
t

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.6.

The objective for this zone is to provide for -

(i) medium density residential developments;

(ii) the use of land for the purposes of harmonious architectural buildings with or without sharing
common areas such as roads and open space;

(iii) areas identified by Council for densification including areas near major roads, areas near the
concentration of business/commercial related developments, and areas which will create a
smooth transition between low intensity and higher intensity developments;

(iv) housing developments of a medium scale and limited height of which all types of development
will have a living unit on the ground floor and could be single semi-detached, row or linked
residential units.

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5.7.1 Land Use Parameters

(a) Primary Use

Group housing; Town housing; Retirement village

(b) Secondary Use

Home occupation; Professional practice

(c) Consent Use

None

5.7.2 Development Parameters

(a) Building lines

Street building lines: 0m. Provided that, garages shall be set back at least 4,5
m from the road kerb, to ensure safe parking and traffic
circulation. A street boundary building line of 4,5 m
applies where the Group Housing site abuts an external
public street; provided that where the street boundary
abuts a declared road, a 3,0 m street boundary building
line may be required.

Side and rear building lines: Side and rear building lines shall be 0m unless Council
requires a building line for fire fighting purposes, or
where a Group Housing site abuts on another zone or
another Group Housing site, in which case the side and
rear building lines shall be 2,0 m.

Lagoon boundary lines: 5,0m

(b) Height

(i) At most 8m above natural ground level directly below any given point of the building
with a maximum of 2 storeys, excluding minor architectural features such as chimneys
or weather vanes. These features could be allowed at the discretion of Council.

(c) Density

(i) At most 30 units per gross hectare or a ratio of 4:1 in relation to the surrounding single
residential density, whichever is the lower.

(ii) Council may consider a density of 40 units/ha in areas identified in an Overlay Area for
infill development.

(iii) The average density of properties in the Eastford Area shall be 10 units per hectare.

(iv) Council may impose a maximum erf size on a group housing development to ensure
that the objective of the zoning is achieved.

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(d) Floor factor

(i) A maximum of 0.7.

5.7.3 Development Management Provisions

(a) Site Development Plan

(i) A Site Development Plan, as defined in Section 4, shall be submitted to Council, and the
development of the site shall be generally in accordance with the Site Development Plan
approved by Council.

(b) Parking provision

(i) At least 2 parking bays per group house; both may be provided at the group house, or
part of the required parking provision at some of the group houses and the remainder in
the form of communal parking for the particular group housing scheme, or the entire
requirement in the form of communal parking. At least on bay per group house shall be
in the form of an enclosed garage, if so required by Council.

(ii) One parking bay per 2 group houses shall be provided for visitors’ parking.

(c) Private Open Space

(i) Each dwelling unit shall have access to an outdoor living area, which may include
private, public or communal open space but excludes roads, service yards and parking
areas.

(ii) A minimum of 80 m² of private open space per dwelling unit shall be provided as
communal open space within the group housing site.

(iii) At least 40% of the gross floor space of the relevant unit, in the form which does not
exceed a ratio of 2.1 (length to width) shall be provided as private outdoor space.

(iv) A lock up garage, carport, service yard and atrium shall be excluded from calculation of
gross floor space for purposes of determining the area of the 40% private outdoor
space.

(v) Where there is no distinction between public or communal open space, and outdoor
living area provided on each erf, the open space requirements shall be replaced by a
combined open space requirement of at least 100m² per dwelling unit within the group
housing site.

(vi) The area of a communal access road in a group housing development shall be excluded
in the calculation of the required private open space for the development.

(vii) In addition to the private outdoor area, or the combined open area, as the case may be,
a service yard screened by a wall from the view of anyone else than the occupant(s) of
the dwelling concerned, shall be provided to the satisfaction of Council.

(viii) If, in Council’s opinion, sufficient outdoor living area is provided on each erf, or where
public or communal open space has been suitably provided (partially or in full) in the
vicinity, the minimum requirement for public or communal open space per dwelling unit
may be reduced.

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(d) Internal roads and access

(i) The minimum internal road reserve width is 8,0 m, provided that Council may require a
greater road reserve width where it is of the opinion that the vehicular use or length of
road justifies such greater road reserve width.

(ii) Council may determine that street access to a development entity shall only be
permitted from the internal streets.

(e) Owners’ Association

(i) An Owners’ Association shall be established for a development entity, in terms of the
Land Use Planning Ordinance and the general provisions for an Owners’ Association in
accordance with Section 6.23 shall apply.

(ii) Should no Owners’ Association exist in respect of a particular development, the owners
of all land units within such development must be afforded the opportunity to comment
on proposed changes of the land use or development parameters, prior to an
application relating to such changes being submitted to Council.

(f) Landscaping

Council may require that a landscaping plan be submitted to its satisfaction for the following
purposes:

(i) Where landscaping of the public streetscape adjacent to the development is to be


undertaken to the satisfaction of Council.

(ii) Landscaping for all open areas including private outdoor area, communal open area or
where applicable, the “woonerf” concept.

5.7.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) Development on cliff-top along the coast line (Section 6.16)

(d) External appearance of buildings (Section 6.16)

(e) Home occupation (Section 6.23)

(f) Home Owners’ Association (Section 6.24)

(g) Low income and ‘gap’ housing (Section 6.26)

(h) Outbuildings (Section 6.31)

(i) Professional practice (Section 6.33)

(j) Sustainable Services Provision (Section 6.36)

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5.8 GUEST HOUSE ZONE

TABLE: B6 GUEST HOUSE / GUEST LODGE ACCOMODATION

PURPOSE: Provision of guest accommodation that exceeds the limitations of a “Bed


and Breakfast”

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Guest house/Guest lodge • None • Conference Facility

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 4,5 m • 4,5 m • 4,5 m • 8m /2 • 40% • 0.7 • 1 Parking per bedroom plus


storeys 2 bays for staff

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.8.

The objective for this zone is to provide for -

(i) guest accommodation facilities that exceed the limitations of Bed and Breakfast, but which are
of a lessor scale than a hotel;

5.8.1 Land Use Parameters

(a) Primary Use

Guest house/guest lodge

(b) Secondary Use

None

(c) Consent Use

None

5.8.2 Development Parameters

(a) Building lines

Street building lines: 4,5 m

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Side and rear building lines: 4,5 m

Lagoon boundary lines: 10 m

(b) Height

(i) At most 8m above natural ground level directly below any given point of the building
with a maximum of 2 storeys, excluding minor architectural features such as chimneys,
weather vanes. These features could be allowed at the discretion of Council.

(c) Coverage

A maximum of 40%.

(d) Floor factor

A maximum of 0,7.

(e) Parking

At least 1 parking bay per bedroom plus 2 bays for staff.

5.8.3 Development Management Provisions

(a) Site Development Plan

(i) All applications for Guest Houses must be accompanied by a Site Development Plan.

5.8.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Development on cliff-top along the coast line (Section 6.16)

(c) External appearance of buildings (Section 6.17)

(d) Guest House/Guest Lodge (Section 6.22)

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5.9 GENERAL RESIDENTIAL ZONE

TABLE: B7 GENERAL RESIDENTIAL HOUSING

PURPOSE: Medium to high density residential developments

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Boarding house • Conference facility • Institution


• Flats • Hospice • Offices
• Guest house/Guest lodge • Hotel • Place of Assembly
• Group housing • Place of Instruction
• Place of Worship
• Tourist accommodation

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 8,5 m • 4,5 m • 4,5 m • 12 m /3 • 50% • 1.0 • Flats:1 bay/ flat and 1 bay/
storeys 2 flats for visitors;
(Urban • Guest house:
Conservatio 1 bay/bedroom;
n Area –
• Place of Assembly:
Height)
20 bays/100 m²;
• Place of Instruction:
• School: 1 bay/classroom
plus 1 bay/10 students;
• Tertiary: 1 bay/classroom
plus 1 bay/3 students;
• Place of Worship: 1 bay/ 6
seats;
• Community hall:
20 bays/100 m²

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.9.

The objective for this zone is to provide for -

(i) medium to high density residential developments;

(ii) areas identified as areas for densification and high intensity mixed use, including areas near
major roads, near the concentration of business/commercial and related developments and

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areas where development would create a smooth transition from medium intensity
development to a higher intensity development;

(iii) an integrated and mixed land use variety, to increase population thresholds in corridors,
activity spines or activity streets with the view to also increase economic activity.

5.9.1 Land Use Parameters

(a) Primary Use

Boarding house, Flats; Guest house/guest lodge; Group housing

(b) Secondary Use

Conference facility; Hospice; Hotel

(c) Consent Use

Institution; Offices; Place of Assembly; Place of Instruction; Place of Worship; Tourist


accommodation

5.9.2 Development Parameters

(a) Building lines

Street building lines: 8m

Side and rear building lines: 4,5 m or half the height of the building, whichever the
greater

Lagoon boundary lines: 10 m

(b) Height

(i) At most 12m above natural ground level directly below any given point of the building
with a maximum of 3 storeys, excluding minor architectural features such as chimneys,
weather vanes. These features could be allowed at the discretion of Council.

(ii) If a building is located within a historical conservation area, the maximum height of the
building shall be limited to 10,5 m above natural ground level directly below any given
point of the building, unless otherwise specified in the Urban Conservation Area
Guidelines.

(c) Coverage

A maximum of 50% (inclusive of covered parking).

(d) Floor factor

A maximum of 1.0.

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5.9.3 Development Management Provisions

(a) Parking provision

(i) One covered parking bay for every unit (flat).

(ii) In addition to the parking area and parking spaces described above, visitors’ parking
have to be provided on site at 1 parking bay for every 2 units (flats) or every 4
bedrooms.

(iii) In the case of licensed hotels, boarding houses and other residential buildings, at least
additional 20 parking bays must be provided. Visitors’ parking can be provided
uncovered on the site, but must clearly be demarcated for use by visitors by means of a
notice board to the satisfaction of the Council.

(iv) All the above parking requirements only represent a minimum and the Council may
require more parking if, in its opinion, a specific development justifies a stricter parking
requirement.

(b) Private Open Space

(i) In the case of a block of flats, at least 15% of the erf shall be reserved separately from
the parking area as an undivided area for gardening or recreation.

(ii) Such open areas shall be functional open areas, i.e. open space areas that can be
developed as a garden area or used for active recreation purposes and which meet with
Council’s approval.

(c) Internal roads and access

Only one vehicular access and egress per block of flats of at most 6m wide or as stipulated by
the Council shall be provided.

(d) Relaxation of building lines

Any relaxation of a street or rear building line should require ‘stepping’ of the building at each
level, where shading of a street or adjacent property would otherwise occur.

(e) Owners’ Association

Where separate ownership is intended without Sectional Title, an Owners’ Association shall be
established for a development entity, in terms of the Land Use Planning Ordinance and the
general provisions for an Owners’ Association in accordance with Section 6.24 shall apply.

(f) Site Development Plan

(i) All applications for General Residential purposes must be accompanied by a Site
Development Plan.

(ii) Council may require amendments to the Site Development Plan to address reasonable
concerns relating to access, parking, architectural form, urban design, landscaping,
engineering services or similar concerns.

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(iii) Council shall, when considering a Site Development Plan, in the case of any
development in this zone, give special attention to the provision of municipal services,
refuse removal, washing lines and external toilet facilities with the objective to ensure
the best functional and aesthetical results are achieved and to this end may stipulate
any requirement/s it deems necessary.

(g) Landscaping

(i) Council may require that a landscaping plan be submitted to its satisfaction for the
following purposes:

(aa) Where landscaping of the public streetscape adjacent to the development is to


be undertaken to the satisfaction of Council.

(bb) Landscaping for all open areas including private outdoor area, communal open
area or where applicable, the “woonerf” concept.

(h) Group housing/Town housing

(i) The development rules applicable to the Group Housing Zone, shall also apply to group
housing in this zone.

(i) Institution; Place of Instruction; Place of Worship

(i) The development rules which apply to an institution, Place of Instruction and Place of
Assembly in Community Zones shall also apply in this zone; 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 house, then the coverage, height and building line
requirements for the flats or boarding house shall apply.

5.9.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) Development on cliff-top along the coast line (Section 6.16)

(d) External appearance of buildings (Section 6.17)

(e) Garden sheds and wendy houses on residential erven (Section 6.20)

(f) Guest house/guest lodge (Section 6.22)

(g) Home Owners’ Association (Section 6.24)

(h) Low income and ‘gap’ housing (Section 26)

(i) Medical consulting rooms (Section 6.28)

(j) Outbuildings (Section 6.31)

(k) Open Space (Section 7.14)

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(l) Parking requirements (Section 7.16)

(m) Sustainable Services Provision (Section 6.36)

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5.10 RESIDENTIAL ESTATE ZONE

TABLE: B8 RESIDENTIAL ESTATE

PURPOSE: Residential estate governed by Owners’ Association

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Residential estate • Resort housing • Group housing


• Guest house/guest lodge
• Hotel
• Place of Entertainment
• Heli-stop
• Landing area
• Restaurant
• Tourist facility

DEVELOPMENT PARAMETERS

Street Side Rear Height Density Coverage Parking


building building building
line line line

• As per • As per • As per • 8 m/2 • 6 u/ha • 40% on • Guest house:


Single Single Single storeys individua 1 bay/bedroom
Residen- Residen- Residen- l units • Restaurant:
tial and tial and tial and 1 bay/10 m²;
Group Group Group
• Group housing:
Housing Housing Housing
2 bays/ unit plus
Zones Zones Zones
1 bay/2 units for
visitors

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.10.

The objective for this zone is to provide for -

(i) the use of land for the purposes of a low density architectural housing developments with an
harmonious architectural theme and communal recreation facilities;

(ii) low to medium density residential developments;

(iii) a housing development that is aligned towards another purpose, i.e. a golf course, ecological
conservation, farming, etc.;

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(iv) a housing development that is located in areas characterised by unique environmental and
other bio-physical qualities.

5.10.1 Land Use Parameters

(a) Primary Use

Residential estate

(b) Secondary Use

Resort housing

(c) Consent Use

Group housing; Guest house/guest lodge; Hotel; Place of Entertainment; Heli-stop; Landing
area; Restaurant; Tourist facility

5.10.2 Development Parameters

(a) Building lines

The applicable building lines provisions shall be in accordance with the housing types as
determined in Single Residential and Group Housing Zones.

(b) Height

At most 8m above natural ground level directly below any given point of the building with a
maximum of 2 storeys, excluding minor architectural features such as chimneys and weather
vanes. These features could be allowed at the discretion of Council.

(c) Floor factor

Council may determine the maximum floor factor for all buildings where, in the opinion of
Council, such a requirement is necessary to protect the character of the area.

(d) Density

(i) A maximum gross density of 6 dwelling units per hectare shall apply, provided that
Council may determine a higher or lower density for a specific development in this zone.

(ii) The density requirement in terms of sub-section (i) shall apply to the portions of the
land approved for township purposes.

(e) Coverage

A maximum coverage of 40% on individual units within a development identity shall apply.

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5.10.3 Development Management Provisions

(a) Owners’ Association

An Owners’ Association shall be established for an architecturally planned development and


the general provisions for an Owners’ Association in accordance with Section 6.24 shall apply.

(b) Architectural design manual

(i) An Architectural Design Manual shall be submitted for approval.

(ii) An Architectural Design Manual shall be subject to the general provisions of Section
6.12.

(c) Landscaping

(i) Council may require that a landscaping plan be submitted to its satisfaction for the
following purposes:

(aa) Where landscaping of the public streetscape adjacent to the development is to


be undertaken.

(bb) Landscaping for all open areas including private outdoor space, communal open
area or where applicable, the “woonerf” concept.

(d) Site Development Plan

(i) All applications for estate purposes must be accompanied by a Site Development Plan.

(ii) The land uses which are to be permitted must be illustrated on the Site Development
Plan.

(e) Street access

Council may require that street access to a dwelling unit shall only be permitted from the
internal streets.

(f) Development entity

(i) An Owners’ Association shall be established for developments which share common
areas in terms of the Land Use Planning Ordinance.

(ii) An Architectural Design Manual, to be approved by Council, shall apply for these
developments.

(iii) Applications for planned development purposes must be accommodated by a Site


Development Plan indicating, indicating:

(aa) Internal layout

(bb) Communal open space provision

(cc) Refuse collection areas

(dd) Access and gate control

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(ee) Architectural plan indicating elevations of buildings as well as fencing and


boundary walls

(ff) Landscaping plan

(gg) Any other similar requirement that the Council may prescribe

(iv) In addition to the normal land use parameters and development parameters that apply
to the zoning, Council may determine more onerous requirements according to a Site
Development Plan.

(v) The relevant provisions in terms of Council’s relevant regulations and policies shall apply
to a planned development.

(g) Environmental Management Plan

(i) Council may require the compilation of an Environmental Management Plan/contract


where, in the opinion of Council, the environmental considerations require such
provisions.

(ii) A heli-stop or landing area will only be considered for an isolated development and
where such traffic will not cause nuisance to other estates, and where Environmental
Authorisation has been granted in terms of the applicable legislation.

5.10.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) External appearance of buildings (Section 6.17)

(d) Garden sheds and wendy houses on residential erven (Section 6.20)

(e) Guest house/guest lodge (Section 6.22)

(f) Home Owners’ Association (Section 6.24)

(g) Outbuildings (Section 6.31)

(h) Place of Entertainment (Section 6.32)

(i) Sustainable Services Provision (Section 6.36)

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5.11 RESORT ZONE

TABLE: B9 RESORT

PURPOSE: Tourist accommodation

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Camp site • Tourist facility • Hotel


• Resort housing • Resort shop • Place of Assembly
• Guest lodge • Place of Entertainment

DEVELOPMENT PARAMETERS

Street Side Rear


building building building Height Density Floor area Parking
line line line

• ADC • ADC • ADC • 8m/ • ADC • 175 m² • Resort: 1 bay/unit plus


• 2 storeys additional bays for staff and
day visitors for other facilities;
• Place of Assembly: 20
bays/100 m²

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.10.

The objectives for this zone are to -

(i) provide for recreational facilities and tourist and holiday facilities on properties or in areas with
special environmental or recreational attributes;

(ii) encourage access to these facilities by the general public, at the same time ensuring that
potential negative impacts of development on fragile environments is minimised.

The guiding principle should be that a resort must not detract from the amenity that attracted the
holiday facilities in the first place. Provincial guidelines will be applied in the evaluation of
applications.

5.11.1 Land Use Parameters

(a) Primary Use

Camp site, Resort housing, Guest lodge

(b) Secondary Use

Tourist facility, Resort shop

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(c) Consent Use

Hotel; Place of Assembly; Place of Entertainment

5.11.2 Development Parameters

(a) Building lines

The Council may apply street, lateral and rear building lines that are considered to be
appropriate for purposes of a specific development within this zone, and the external building
lines shall at least reflect those of the adjoining zones.

(b) Height

(i) At most 8m above natural ground level directly below any given point of any building
with a maximum of 2 storeys, excluding minor architectural features such as chimneys
or weather vanes. These features could be allowed at the discretion of Council.

(ii) Council reserves the right to limit the height of the buildings to a single storey if it
deems it appropriate to do so on environmental grounds.

(c) Floor area

A maximum floor area of 175m² per housing footprint will be permitted.

(d) Density

(i) The Council must stipulate, as a condition of the conferral of this zone, a density that
shall be adhered to.

(ii) This density shall be appropriate to the context of the development and the design of
the development and shall have regard to the size of the proposed units.

5.11.3 Development Management Provisions

(a) Parking provision

Although the Council may apply a parking provision which it considers to be appropriate for
purposes of a specific development within this zone, 1 parking bay per unit and additional
parking bays for staff and day visitors for other facilities must be provided.

(b) Site Development Plan

(i) All applications for resort purposes shall be accompanied by a set of Site Development
Plans which illustrate the footprint of buildings, parking layout, circulation routes,
ancillary facilities, landscaping, street elevation and architectural impressions.
Adherence to the approved Site Development Plans shall be made a condition of
approval.

(ii) A guest lodge may only be erected in a communal area in a Resort zone, that is, one of
the resort houses, if alienated by any means, may not be used as a guest lodge.

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(iii) A resort shop may only serve the needs of guests of the resort and may not exceed a
total floor area of 36m2.

5.11.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) External appearance of buildings (Section 6.17)

(d) Home Owners’ Association (Section 6.24)

(e) Outbuildings (Section 6.31)

(f) Open Space (Section 7.14)

(g) Place of Entertainment (Section 6.32)

() Sustainable Services Provision (Section 6.36)

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5.12 LOCAL BUSINESS ZONE

TABLE: B10 LOCAL BUSINESS

PURPOSE: Low intensity business

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Business • Bed and Breakfast • Authority use


• Flats (above shops only) • Day care facility • Dormitory establishment
• Guest house/guest lodge • Flats only
• Place of Assembly
• Place of Entertainment
• Place of Worship
• Transmission tower

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 4,5 m • 0m • 0m • 8 m/2 • 80% • 1.0 • Business: 1 bay/25 m² of


storeys total business area;
(Urban • Flats: 1,5 bay/flat;
Conserva-
• Bed and Breakfast and Guest
tion Area –
house: 1 bay/bedroom;
Height)
• Day care: 1 bay/staff plus
1 bay/5 children;
• Place of Assembly:
20 bays/100 m²;
• Place of Worship: 1 bay/
6 seat;
• Restaurant: 1 bay/10 m²

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.12.

The objective for this zone is to provide for low intensity commercial and mixed use development
which serves local neighbourhood needs for convenience goods and personal services. Such
development should be limited in scale and capable of integration into the adjacent residential
neighbourhood, without adversely affecting the amenity of the residential neighbourhood:

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5.12.1 Land Use Parameters

(a) Primary Use

Business; Flats (above business only);

(b) Secondary Use

Bed and Breakfast; Day care facility; Guest house/guest lodge

(c) Consent Use

Authority use; Dormitory establishment; Flats only; Place of Assembly; Place of Entertainment;
Place of Worship; Transmission tower

5.12.2 Development Parameters

(a) Building lines

Street building lines: 4,5m

Side building lines: 0m, except where this zone is bordering a residential zone in
which case the building line required in the applicable residential
zone shall apply to both sides of the common boundary between
this zone and the residential zone, but shall be at least 3m on the
Local Business erf.

Rear building lines: 0m, except where this zone is bordering a residential zone in
which case the building line required in the applicable residential
zone shall apply to both sides of the common boundary between
this zone and the residential zone, but shall be at least 3m on the
Local Business erf.

Lagoon building lines: 10m from the mean high water mark.

(b) Height

At most 8m above natural ground level directly below any given point of the building with a
maximum of 2 storeys, excluding minor architectural features such as chimneys and weather
vanes. These features could be allowed at the discretion of Council.

(c) Floor factor

A maximum of 1.0.

(d) Coverage

A maximum of 80%.

(e) Parking

(i) At least 1 parking bay for every 25m2 of the total business floor area subject to Council’s
discretion.

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(ii) At least 1,5 covered and enclosed parking bays per dwelling unit (flat).

(f) Loading and off-loading

The following provisions for loading and off-loading shall apply:

(i) The Council may, for the purpose of preventing the obstruction of traffic on any public
street adjacent to a land unit, require the owner to submit proposals, to the satisfaction
of the Council, for suitable and sufficient space on the land unit for any loading, off-
loading or fuelling of vehicles which are likely to occur under normal circumstances and
in accordance with the following requirements :

Land use and/or zoning Loading and off-loading facilities

For more than five retail or 1 bay per 0 – 2 500m² of floor area
wholesale enterprises per 2 bays per 2 501 – 5 000m² of floor area
business property, loading and
3 bays per 5 001m² – 10 000m² of floor area
off-loading facilities must be
provided in accordance with: plus 1 additional bay for every 10 000m² additional
floor area

(ii) No owner or occupant of a land unit referred to in sub-section (i) above, shall undertake
or knowingly permit loading, offloading or refuelling of vehicles otherwise than in
accordance with the proposals approved by the Council.

5.12.3 Development Management Provisions

(a) Separation of business and residential erven

(i) When an application for the rezoning of property situated next to a property of the
residential character is approved for business purposes, the Council may require that
the business use may only be exercised once a wall of not less than 1,8m high, which
complies with the standards and finishes that Council may require, has been erected on
the common boundary between such properties.

(ii) In addition, Council may limit the types of business uses permitted, in order to reduce
the negative impact on the residential erf/erven.

(b) Openings and thoroughfare across common side or rear boundary

Except with permission of Council and the consent of the neighbour, and subject to National
Building Regulation requirements, no door, window or opening of any nature shall be
permitted in a wall on a lateral or rear boundary, except with the explicit permission of
Council, the written consent of the neighbouring property owner, and compliance with the
National Building Regulations.

(c) Floor area exclusions

Internal walkways which provide direct and unimpeded public access to a parking area and/or
a street to Council’s satisfaction may be excluded from FAR in Council’s discretion, except for
10% of the roofed area which will be included in the FAR on the assumption that it will be
used for display purposes.

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(d) Street corners

The Council may require that the owner of a building, to be situated at a public street corner
which the Council considers to be significant, shall incorporate in the building architectural
features to the satisfaction of Council which focus visual interest on the corner, and which
emphasize the importance of pedestrian movement around the corner. Such features may
include building cut-offs, walkthrough covered arcades, plazas or other elements.

(e) Advertising / Signage

(i) A mandatory signage scheme enforceable on all tenants, indicating the permitted size,
style and position of all signage must be submitted with the building plan submission.

(ii) A signage plan shall be submitted with building plans.

(iii) Once the Site Development Plan is approved, the Site Development Plan becomes the
record of approval of the uses on the site.

(f) Screening

(i) The Council may require:

(aa) any part of the land unit which is used for the storage or loading of goods, shall
be enclosed with a suitable brick wall, concrete wall or landscape screening to
the satisfaction of Council;

(bb) any external utility service or equipment which is required for a building,
whether on the roof, side of the building or ground, shall be appropriately
screened from view, and such enclosure of screening shall be integrated with
the building in terms of materials, colour, shape and size and shall be to the
Council’s satisfaction.

(g) Erven developed mainly or only for flats

In any development where less than 50% of the ground floor is developed for business use
and the majority of the development will be for flats, the Development Parameters and
Development Management Provisions applicable to the General Residential Zone will apply.

(h) Parking provisions for Place of Assembly; Place of Entertainment; Place of Worship

In this zone, where provision is made for a Place of Assembly, Place of Entertainment or Place
of Worship, the parking requirements will be:

Place of Worship 1 bay per 6 seats

Place of Assembly 20 bays per 100 m²

Recreation, sport 1 bay per 8 seats

Community hall 20 bays per 100m² of floor area

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5.12.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) Bed and Breakfast (Section 6.13)

(d) Day care facility (Section 6.14)

(e) External appearance of buildings (Section 6.17)

(f) Guest house/guest lodge (Section 6.22)

(g) Home Owners’ Association (Section 6.24)

(h) Medical consulting rooms (Section 6.28)

(i) Outbuildings (Section 6.31)

(j) Place of Entertainment (Section 6.32)

(k) Sustainable Services Provision (Section 6.36)

(l) Transmission tower (Section 6.38)

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5.13 GENERAL BUSINESS ZONE

TABLE: B11 GENERAL BUSINESS

PURPOSE: Intensity business and mixed use development

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Bed and Breakfast • Day care facility • Adult entertainment business


• Business • Flats only • Authority use
• Conference facility • Institution • Car wash
• Flats (above business only) • Laundry • Dormitory establishment
• Guest house/Guest lodge • Liquor store • Filling station
• Hotel • Motor trade • Fitment centre
• Nursery • Place of Assembly • Funeral parlour
• Parking garage (ancillary to • Place of Entertainment • Private parking
business building) • Place of Instruction • Service station
• Place of Worship • Transmission tower
• Service trade • Workshop

DEVELOPMENT PARAMETERS

Street Side Rear


building building building Height Coverage Floor factor Parking
line line line

• 0m • 0m • 0m • 12 m/3 • 90% • 1.5 • Business: 1 bay/25 m² of


storeys • Not more total business area;
(Urban than 1,0 • Flats: 1 bay/flat plus 1
Conservati may be bay/2 flats for visitors;
on Area – used for • Bed and Breakfast and
Height) business Guest house: 1 bay/
purposes bedroom;
• Day care: 1 bay/staff plus
1 bay/5 children;
• Institution: 1 bay/bed plus
1 bay/15 staff;
• Place of Assembly: 20
bays/100 m²;
• Place of Instruction:
• School: 1 bay/classroom
plus 1 bay/10 students;
• Tertiary: 1 bay/class room
plus 1 bay/3 students;

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• Place of Worship: 1 bay/6


seats;
• Restaurant: 1 bay/10 m²;
• Service station: 3
bays/repair bay plus 2
bays/100 m²; 1 bay/50 m²
for other uses; convenient
shop and restaurant: 1
bay/25 m²

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.13.

The objective of this zone is to provide for intensive business and mixed use development with
relatively few restrictions in order to promote urban vitality and economic growth.

5.13.1 Land Use Parameters

(a) Primary Use

Bed and Breakfast; Business; Conference facility; Flats (above business only); Guest house;
Guest lodge; Hotel; Nursery; Parking garage (ancillary to business)

(b) Secondary Use

Day care facility; Flats only; Institution; Laundry; Liquor store; Motor trade; Place of
Assembly; Place of Entertainment; Place of Instruction; Place of Worship; Service trade

(c) Consent Use

Adult entertainment; Authority use; Car wash; Dormitory establishment; Filling station;
Fitment centre; Funeral parlour; Private parking; Service station; Transmission tower;
Workshop

5.13.2 Development Parameters

(a) Building lines

Street building line: 0m, except that for buildings (or portions thereof) other than
business buildings, the Council may require a building line of
4,5m. In addition, Council may require storeys above ground
floor level to be set back to prevent overshadowing of a
street or adjacent property.

Side and rear building lines: 0m, except where this zone is bordering any other zone in
which case the Council may require that the building line
applicable to the other zone shall apply to both sides of the
common boundary between this zone and the other zone,
but shall be at least 3m on the business erf. Council may
waive the building lines for basements provided that the top

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of the basement roof is at or below ground level or street


level within the building line area.

Lagoon building lines: 10 m from mean high water mark.

(b) Height

Subject to the regulations pertaining to the conservation areas, at most 12m above natural
ground level directly below any given point of the building, excluding minor architectural
features such as chimneys, weather vanes. These features could be allowed at the discretion
of Council.

(c) Floor factor

(i) Up to a maximum of 1.5 of which not more than 1,0 may be used for business
purposes.

(ii) The floor factor of the business component may not be less than the floor area of the
residential component.

(d) Coverage

(i) Up to a maximum of 90% in the case of uses with a primary right in this zone.

(ii) For all other uses the permissible coverage is the same as that which would be
permitted in the zone in which the use is a primary right.

(iii) Council may require an unroofed landscaped area to be provided on the erf, at least
10% of the area thereof, where flats and/or restaurants are proposed.

(e) Parking

(i) At least 1 parking bay for every 25m2 of the total business floor area, subject to
Council’s discretion.

(ii) Any part of any hotel that will serve members of the public not resident in the building
will be counted as business space for the purposes of parking provision.

(iii) 1 parking bay per dwelling unit in the case of flats, plus 1 visitors parking bay per 2
flats. Council may, at its discretion, reduce or waive the visitor parking bays
requirement in cases where car ownership is expected to be lower than the norm. 1
parking bay for every guest room or suite in the case of guest houses, etc. An
additional 15 bays are required for a licenced hotel.

(iv) For any other secondary or consent use, the parking will be determined as it would be
in the zone that provides for the use as a primary right, or at the discretion of Council.

(v) In order to enhance the amenity of the street level, Council may require that no parking
bays on the land unit, or within a building at ground floor level, shall be located closer
than 10 m to the street boundary.

(f) Loading and off-loading

(i) The following provisions for loading and off-loading shall apply:

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(aa) The Council may, for the purpose of preventing the obstruction of traffic on any
public street adjacent a land unit, require the owner to submit proposals, to the
satisfaction of the Council, for suitable and sufficient space on the land unit for
any loading, offloading or fuelling of vehicles which are likely to occur under
normal circumstances and in accordance with the following requirements :

Land use and/or zoning Loading and off-loading facilities

For more than five retail or wholesale 1 bay per 0 – 2 500m² of floor area
enterprises per business property, 2 bays per 2 501 – 5 000m² of floor area
loading and off-loading facilities must be
3 bays per 5 001m² – 10 000m² of floor
provided in accordance with:
area
plus 1 additional bay for every 10 000m²
additional floor area

(bb) No owner or occupant of a land unit referred to in sub-section (i) above, shall
undertake or knowingly permit loading, offloading or refuelling of vehicles
otherwise than in accordance with the proposals approved by the Council.

(g) Basements

(i) The floor area of the basement should not be greater than the area of the erf and no
part of the basement should be below any other part.

(ii) Council may waive building lines for basements provided that the top of the basement
roof is at or below the street level at the street boundary.

5.13.3 Development Management Provisions

(a) Filling station and service station

(i) The vehicular access and exit ways to and from the premises of a service station or
filling station shall, where they cross the road boundary, be not more than 10m wide,
and a wall at least 100mm thick and 200mm high shall be erected on the road boundary
between the points of access and exit. The wall shall be continued along such boundary
unless the premises are otherwise enclosed. The vehicular access and exit ways to and
from the motor vehicle fuel pumps shall be restricted to one of each for every
continuous stretch of frontages of 30m which the premises whereon such pumps are
erected have on the boundary of a public street or public road.

(ii) In an urban area the vehicular access and exit ways to and from the premises of a
service station or filling station, where they cross the road boundary, shall -

(aa) be not less than 30m from the point nearest to where a declared road,
proclaimed road or prospective main road intersects any other road of a like
status, or the nearest point of an intersection where traffic is controlled, or is
proposed to be controlled, by a traffic signal or traffic island;

(bb) be not less than 1,5m from the side boundary of the premises; or in the case of
an inter-section other than one referred to in paragraph (aa), if the corner of
the intersection is not splayed, be not less than 10m from such corner, or if the
corner at the intersection is splayed, be not less than 10m from such corner or
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5m from the point where the line of splay meets the road boundary, whichever
is the greater distance from the corner.

(iii) In an area other than an urban area the vehicular access and exit ways to and from the
premises of a service station or filling station shall, where they cross the road boundary
be not less than 500m from the point nearest to -

(aa) where a declared road, proclaimed road or prospective main road intersects any
other road of a likewise status;

(bb) an intersection where traffic is controlled, or is proposed to be controlled by a


traffic signal or traffic island; or

(cc) where any vehicular access and exit ways cross the road boundary to and from
motor vehicles fuel pumps on the premises.

(iv) Three bays per repair bay plus 2 bays per 100 m² spares and sale areas shall be
provided. All other buildings and uses excluding shops and restaurants shall provide
parking at 1bay per 50 m² GLA. Convenient shops and restaurant shall provide parking
at 1 bay per 25 m² GLA.

(b) Separation of business and residential erven

(i) When an application for the rezoning of a property situated next to a property with a
residential character is approved for business purposes, the business use may only be
exercised once a wall of not less than 2m high, which complies with the standards and
finishes that Council may require, has been erected on the common boundary between
such properties.

(ii) In addition, Council may limit the types of business uses permitted, in order to reduce
the negative impact on the residential erf/erven.

(c) Openings and thoroughfare across common side or rear boundary

No door, window or opening of any nature shall be permitted in a wall on a lateral or rear
boundary, except with the explicit permission of Council, the written consent of the
neighbouring property owner, and compliance with the National Building Act.

(d) Access and exit ways

(i) Vehicular access/exit ways shall be restricted to not more than one each per site per
street abutting the site and each shall be no more than 6m wide where it crosses the
site boundary.

(ii) No vehicular crossing over a pavement shall be located nearer than 5m to any street
corner.

(e) Advertising / Signage

(i) A mandatory signage scheme enforceable on all tenants, indicating the permitted size,
style and position of all signage must be submitted with the building plan submission.

(ii) A signage plan shall be submitted with building plans.

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(iii) Once the Site Development Plan is approved, the Site Development Plan becomes the
record of approval of the uses on the site.

(f) Site Development Plan

(i) A Site Development Plan indicating the compliance with the development parameters,
as well as architectural perspectives and architectural details must be submitted.

(ii) Once approved, the SDP will become a condition of approval of building plans and
Council’s approval will be required for any deviations or amendments.

(g) Floor area exclusions

Internal walkways which provide direct public access to a parking area or a street to Council’s
satisfaction may be excluded from FAR except for 10% of the roofed area which will be
included in the FAR on the assumption that it will be used for display purposes.

(h) Building projection over the street boundary

(i) Notwithstanding the street building line, Council may consent to a projection of the
building over the street boundary subject to the following conditions:

(aa) The projection may not exceed the width of the sidewalk within the road
reserve or 3m whichever is the lesser distance.

(bb) The projection may not exceed a ground floor plus one additional storey above
the ground floor storey.

(cc) The ground floor level of the projection shall be used exclusively as a public
pedestrian way, with or without a colonnade.

(dd) The projection shall provide at least 2,8m clearance above the level of the
pavement.

(ee) The floor space of the additional storey that may be erected over the ground
floor level of the projection, and the floor space so created shall not be included
in the calculation of maximum floor space.

(ff) The design of the projection must be approved by the Aesthetics Committee.

(i) Street corners

(i) The Council may require that the owner of a building, to be situated at a public street
corner which the Council considers to be significant, shall incorporate in the building
architectural features which focus visual interest on the corner, and which emphasize
the importance of pedestrian movement around the corner.

(ii) Such features may include building cut-offs, walkthrough covered arcades, plazas or
other elements.

(j) Screening

(i) The Council may require -

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(aa) any part of the land unit which is used for the storage or loading of goods, shall
be enclosed with a suitable brick wall, concrete wall or landscape screening;

(bb) any external utility service or equipment which is required for a building,
whether on the roof, side of the building or ground, shall be appropriately
screened from view, and such enclosure of screening shall be integrated with
the building in terms of materials, colour, shape and size and shall be to the
Council’s satisfaction.

(k) Erven developed mainly or only for flats

(i) In any development where less than 50% of the ground floor is developed for business
use and the majority of the development will be for flats the Development Parameters
and Development Management Provisions applicable to the General Residential Zone will
apply.

(ii) In any event, an unroofed garden area of not less than 10% of the erf must be
provided on ground floor level in a landscaped form, where flats or a restaurant are
included in a business zone.

5.13.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Adult entertainment business (Section 6.5)

(b) Aesthetics and landscaping (Section 6.6)

(c) Architectural design manual (Section 6.12)

(d) Bed and Breakfast (Section 6.13)

(e) Day care facility (Section 6.14)

(f) External appearance of buildings (Section 6.17)

(g) Guest house/guest lodge (Section 6.22)

(h) Home Owners’ Association (Section 6.24)

(i) Medical consulting rooms (Section 6.28)

(j) Outbuildings (Section 6.31)

(k) Place of Entertainment (Section 6.32)

(l) Sustainable Services Provision (Section 6.36)

(m) Transmission tower (Section 6.38)

(n) Air rights and underground rights (Section 7.1)

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5.14 FILLING STATION ZONE

TABLE: B12 FILLING STATION

PURPOSE: Sale of fuel and oil and motor vehicles repairs

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Filling Station • Car wash • Fitment centre


• Motor trade • Restaurant
• Service Station
• Workshop

DEVELOPMENT PARAMETERS

Street Side Rear


building building building Height Coverage Floor factor Parking
line line line

• 5m • 0m • 0m • 8m • 75% • 1.0 • Convenience shop: 1


bay/25 m² of total
business area;
• Restaurant: 1 bay/10 m²;
• Service station: 3
bays/repair bay

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.14.

The objective of this zone is to provide for the refuel of motor vehicles and motor vehicle repairs.

5.14.1 Land Use Parameters

(a) Primary Use

Filling station

(b) Secondary Use

Car wash; Motor trade

(c) Consent Use

Fitment centre; Restaurant; Services Station; Workshop

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5.14.2 Development Parameters

(a) Building lines

Street building line: 5m,

Side and rear building lines: 0m, except where this zone is bordering any other zone in
which case the Council may require that the building line
applicable to the other zone shall apply to both sides of the
common boundary between this zone and the other zone. A
building or portion of a building may only be erected on the
side or rear boundary of a property if no doors, windows or
ventilation openings are inserted in any wall on such
boundary

Lagoon building lines: 10 m from mean high water mark.

(b) Height

At most 8m above natural ground level directly below any given point of the building,
excluding minor architectural features such as chimneys, weather vanes. These features
could be allowed at the discretion of Council.

(c) Floor factor

(i) Up to a maximum of 1.0

(d) Coverage

(i) Up to a maximum of 75%

(e) Parking

(i) At least 1 parking bay for every 25m² of the total floor area of a convenience shop.

(ii) At least 1 parking bay for every 10m² of the floor area of a restaurant.

(iii) At least 3 parking bays for every repair bay of the service station.

5.14.3 Development Management Provisions

(a) Site Access requirements

(i) The vehicular access and exit ways to and from the premises of a service station or
filling station shall, where they cross the road boundary, be not more than 10m wide,
and a wall at least 100mm thick and 200mm high shall be erected on the road boundary
between the points of access and exit. The wall shall be continued along such boundary
unless the premises are otherwise enclosed. The vehicular access and exit ways to and
from the motor vehicle fuel pumps shall be restricted to one of each for every
continuous stretch of frontages of 30m which the premises whereon such pumps are
erected have on the boundary of a public street or public road.

(ii) In an urban area the vehicular access and exit ways to and from the premises of a
service station or filling station, where they cross the road boundary, shall -
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(aa) be not less than 30m from the point nearest to where a declared road,
proclaimed road or prospective main road intersects any other road of a like
status, or the nearest point of an intersection where traffic is controlled, or is
proposed to be controlled, by a traffic signal or traffic island;

(bb) be not less than 1,5m from the side boundary of the premises; or in the case of
an inter-section other than one referred to in paragraph (aa), if the corner of
the intersection is not splayed, be not less than 10m from such corner, or if the
corner at the intersection is splayed, be not less than 10m from such corner or
5m from the point where the line of splay meets the road boundary, whichever
is the greater distance from the corner.

(iii) In an area other than an urban area the vehicular access and exit ways to and from the
premises of a service station or filling station shall, where they cross the road boundary
be not less than 500m from the point nearest to -

(aa) where a declared road, proclaimed road or prospective main road intersects any
other road of a likewise status;

(bb) an intersection where traffic is controlled, or is proposed to be controlled by a


traffic signal or traffic island; or

(cc) where any vehicular access and exit ways cross the road boundary to and from
motor vehicles fuel pumps on the premises.

(b) Openings and thoroughfare across common side or rear boundary

No door, window or opening of any nature shall be permitted in a wall on a lateral or rear
boundary, except with the explicit permission of Council, the written consent of the
neighbouring property owner, and compliance with the National Building Act.

(c) Site Development Plan

(i) A Site Development Plan indicating the compliance with the development parameters,
as well as architectural perspectives and architectural details must be submitted.

(ii) Once approved, the SDP will become a condition of approval of building plans and
Council’s approval will be required for any deviations or amendments.

(d) Screening

(i) The Council may require -

(aa) any part of the land unit which is used for the storage or loading of goods, shall
be enclosed with a suitable brick wall, concrete wall or landscape screening;

(bb) any external utility service or equipment which is required for a building,
whether on the roof, side of the building or ground, shall be appropriately
screened from view, and such enclosure of screening shall be integrated with
the building in terms of materials, colour, shape and size and shall be to the
Council’s satisfaction.

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(e) Advertising / Signage

(i) A mandatory signage scheme enforceable on all tenants, indicating the permitted size,
style and position of all signage must be submitted with the building plan submission.

(ii) A signage plan shall be submitted with building plans.

(iii) Once the Site Development Plan is approved, the Site Development Plan becomes the
record of approval of the uses on the site.

5.14.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) External appearance of buildings (Section 6.17)

(c) Sustainable Services Provision (Section 6.36)

(d) Transmission tower (Section 6.38)

(e) Air rights and underground rights (Section 7.1)

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5.15 SERVICE INDUSTRIAL ZONE

TABLE: B13 SERVICE INDUSTRIAL

PURPOSE: Motor repair garages and associated facilities

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Car wash • Filling station • Abattoir


• Fitment centre • Funeral parlour • Adult entertainment business
• Service trade • Institution • Authority use
• Place of Assembly • Liquor store
• Place of Instruction • Place of Entertainment
• Place of Worship • Transmission tower
• Service station • Transport services
• Shop • Warehouse

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 5m • 0m • 0m • 8m/ 2 • 75% • 1.0 • 1 bay/100 m² of total


Abutting Abutting storeys floor space;
proper proper • Business: 1 bay/25 m² of
ties with ties with total business area;
other other
• Place of Assembly: 20
zoning: zoning:
bays/100 m²;
3m 3m
• Place of Instruction:
• School: 1 bay/classroom
plus 1 bay/10 students;
• Tertiary: 1 bay classroom
plus 1 bay/3 students;
• Place of Worship: 1 bay/6
seats;
• Restaurant: 1 bay 10 m²;
• Service station: 3
bays/repair bay plus 2
bays/100 m²; 1 bay/50
m² for other uses;
convenient shop and
restaurant: 1 bay/25 m²;
• Funeral parlour: 1/4 seats

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This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.15.

The objective of this zone is to provide opportunities in urban areas for light industrial uses
providing services directly to the general public that could be accommodated outside designated
industrial areas.

5.15.1 Land Use Parameters

(a) Primary Use

Car wash; Fitment centre; Service trade

(b) Secondary Use

Filling station; Funeral parlour; Institution; Place of Assembly; Place of Instruction; Place of
Worship; Service station; Shop

(c) Consent Use

Abattoir, Adult entertainment; Authority use; Liquor store; Place of Entertainment;


Transmission tower; Transport services; Warehouse

5.15.2 Development Parameters

(a) Building lines

Street building lines: 5m

Side and rear building lines: (i) Where an external wall is constructed of a material
which has one (1) hour fire resistance; where there
are no openings in such external walls; and the land
unit abuts another industry zone, a 0m side building
line is permitted.

(ii) Where the land unit abuts a zone that is not a service
industrial or industrial zone, a 3m side building line or
the more restrictive building line of that particular
zone, which ever is the greater, shall apply.

(iii) In cases where the building extends to both side


boundaries, and there is no other means of obtaining
access to the rear of the property, other than through
the building, at least one opening in the external wall
of the building shall be provided to the rear boundary,
and the Council may require that such opening be
protected by automatic fire shutters to the satisfaction
of the Council.

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(iv) In all cases the Council may require building lines if it


is of the opinion that they are necessary to enforce
any right or law or to provide space for the
maintenance of any engineering service line or to
promote public health.

Lagoon building lines: 10m from the mean high water mark

(b) Height

At most 8m above natural ground level directly below any given point of the building with a
maximum of 2 storeys.

(c) Floor factor

A maximum of 1.0

(d) Coverage

(i) 75% in the case of uses with a primary right in this zone.

(ii) For all other uses, the permissible coverage is the same as that which would be
permitted in the zone in which the use is a primary right, provided that this is not more
than 75%.

(e) Parking

(i) At least 1 parking bay per 100 m² of floor space up to 1 500m².

(ii) One bay per 200 m² of floor area over 1 500m².

(iii) Retail area up to 25% of the floor area: 1 bay per 25 m² of floor area.

(iv) Loading and off-loading shall be provided in accordance with the following
requirements:

Land use and/or zoning Loading and off-loading facilities

Warehouse, service trade, 1 bay per 0 – 499m² of floor area


workshop, light industry 2 bays per 500 – 1 500m² of floor area
3 bays per 1 501m² of floor area and more
plus 1 additional bay for every 10 000m² additional
floor space

5.15.3 Development Management Provisions

(a) Boundary walls

Where a land unit has a common boundary with another land unit that is not zoned for
service industrial or industrial purposes, the Council may require a 2m high wall to be erected
along the boundary to its satisfaction.

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(b) Screening

The Council may require any part of the land unit which is used for storage or the loading of
goods or vehicles to be enclosed with a suitable screen wall to the Council’s satisfaction.

(c) Environmental impact

No activity which includes storage of on-site hazardous substances shall be permitted unless a
risk management and prevention plan has been approved by the Council.

5.15.4 Additional restrictions applicable to specific uses in this zone

Notwithstanding the above restrictions which apply to all buildings in this zone, the following
restrictions shall specifically prevail and apply to the buildings and/or uses stipulated.

(a) Service stations and filling stations

(i) The vehicular access and exit ways to and from the premises of a service station or
filling station shall, where they cross the road boundary, be not more than 10m wide,
and a wall at least 100mm thick and 200mm high shall be erected on the road boundary
between the points of access and exit. The wall shall be continued along such boundary
unless the premises are otherwise enclosed. The vehicular access and exit ways to and
from the motor vehicle fuel pumps shall be restricted to one of each for every
continuous stretch of frontages of 30m which the premises whereon such pumps are
erected have on the boundary of a public street or public road.

(ii) In an urban area the vehicular access and exit ways to and from the premises of a
service station or filling station, where they cross the road boundary, shall -

(aa) be not less than 30m from the point nearest to where a declared road,
proclaimed road or prospective main road intersects any other road of a like
status, or the nearest point of an intersection where traffic is controlled, or is
proposed to be controlled, by a traffic signal or traffic island;

(bb) be not less than 1,5m from the side boundary of the premises; or in the case of
an inter-section other than one referred to in paragraph (aa), if the corner of
the intersection is not splayed, be not less than 10m from such corner, or if the
corner at the intersection is splayed, be not less than 10m from such corner or
5m from the point where the line of splay meets the road boundary, whichever
is the greater distance from the corner.

(iii) In an area other than an urban area the vehicular access and exit ways to and from the
premises of a service station or filling station shall, where they cross the road boundary
be not less than 500m from the point nearest to -

(aa) where a declared road, proclaimed road or prospective main road intersects any
other road of a likewise status;

(bb) an intersection where traffic is controlled, or is proposed to be controlled by a


traffic signal or traffic island; or

(cc) where any vehicular access and exit ways cross the road boundary to and from
motor vehicles fuel pumps on the premises of another service station or filling
station on the same side of the road.
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(iv) Three bays per repair bay plus 2 bays per 100 m² spares and sale areas shall be
provided. All other buildings and uses excluding shops and restaurants shall provide
parking at 1bay per 50 m² GLA. Convenient shops and restaurant shall provide parking
at 1 bay per 25 m² GLA.

5.15.5 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) External appearance of buildings (Section 6.17)

(d) Home Owners’ Association (Section 6.24)

(e) Outbuildings (Section 6.31)

(f) Place of Entertainment (Section 6.32)

(g) Transmission tower (Section 6.38)

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5.16 INDUSTRIAL ZONE

TABLE: B14 INDUSTRIAL

PURPOSE: General and light industry

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Builder’s yard • Authority use • Adult entertainment business


• Industrial laundry • Funeral parlour • Crematorium
• Industry • Shop • Filling station
• Panel beating • Furnace
• Service trade • Place of Assembly
• Transport enterprise • Place of Entertainment
• Warehouse • Service station
• Scrap yard
• Transmission tower

DEVELOPMENT PARAMETERS

Street Side
Rear Floor
building building Height Coverage Parking
building line factor
line line

• 6m • 0m • 0m • 16 m • 75% • 1.5 • 1 bay/100 m² of total


Abutting floor space;
proper- • Service station: 1
ties with bay/repair bay plus 2
other bays/100 m²; 1 bay/50
zonings: m² for other uses:
3m convenience shop: 1
bay/25 m²;
• Place of Assembly: 20
bays/100 m²;
• Funeral parlour: 1
bay/4 seats

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.16.

The objective of this zone is to accommodate all forms of industry, except noxious trade and risk
activity, in order to promote the manufacturing sector of the economy. Some allowance is made for
non-industrial activities, but these should not compromise the general use of the area zoned for
industry. It is accepted that the intensive nature of the industrial activity or the scale of the
operation could generate some negative impact on adjacent properties.

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5.16.1 Land Use Parameters

(a) Primary Use

Builder’s yard; Industrial laundry; Industry; Panel beating; Service trade; Transport enterprise;
Warehouse

(b) Secondary Use

Authority use; Funeral parlour; Shop

(c) Consent Use

Adult entertainment; Filling station; Furnace; Place of Assembly; Place of Entertainment;


Service station; Scrap yard; Transmission tower

5.16.2 Development Parameters

(a) Building lines

Street building lines: 6m

Side and rear building lines: (i) Where an external wall is constructed of a material
which has one (1) hour fire resistance, where there
are no openings in such external walls, and the land
unit abuts another industry zone a 0m side building
line is permitted.

(ii) Where the land unit abuts a zone that is not an


industry zone, a 3 m side building line or the more
restrictive building line of that particular zone,
whichever is the greater, shall apply.

(iii) In cases where the building extends to both side


boundaries, and there is no other means of obtaining
access to the rear of the property, other than through
the building, at least one opening in the external wall
of the building shall be provided to the rear boundary,
and the Council may require that such opening be
protected by automatic fire shutters to the satisfaction
of the Council.

(iv) In all cases the Council may require building lines if it


is of the opinion that they are necessary to enforce
any right or law or to provide space for the
maintenance of any engineering service line or to
promote public health.

Lagoon building lines: 10m from the mean high water mark

(b) Height

At most 16m above natural ground level directly below any given point of the building.

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(c) Floor factor

A maximum of 1.5.

(d) Coverage

(i) 75% in the case of uses with a primary right in this zone.

(ii) For all other uses, the permissible coverage is the same as that which would be
permitted in the zone in which the use is a primary right, provided that this is not more
than 75%.

(e) Parking

(i) At least 1 parking bay per 100m2 of floor space.

(ii) One bay per 200 m²of floor area over 1 500m².

(iii) Retail area up to 25% of the floor area: 1 bay per 25 m² of floor area.

(f) Limited business use

(i) Parking for a limited business use shall be provided on the site at a ratio of 1 parking
bay for every 10m² of the total floor area that is devoted to the limited business use.

(g) Loading and off-loading

(i) For the purpose of loading and unloading vehicles, a space must be provided on site to
the satisfaction of Council in accordance with the following requirements:

Land use and/or zoning Loading and off-loading facilities

For more than five shops per 1 bay per 0 – 2 500m² of floor area
business property, loading and off- 2 bays per 2 501 – 5 000m² of floor area
loading facilities must be provided in
3 bays per 5 001m² – 10 000m² of floor area
accordance with:
plus 1 additional bay for every 10 000m² additional
floor area

Warehouse, service trade, 1 bay per 0 – 499m² of floor area


workshop, light industry 2 bays per 500 – 1 500m² of floor area
3 bays per 1 501m² of floor area and more
plus 1 additional bay for every 10 000m² additional
floor space

Any other land use or zoning Council may require the owner to submit for its
approval, proposals for ensuring, to Council’s
satisfaction, suitable and sufficient space on the site
for any loading, off-loading which the utilization of
the building is likely to entail normally

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5.16.3 Development Management Provisions

(a) Scrap yards, builder's yards, coal yards, timber yards and transport enterprises

Any land that is used for the purpose of a scrap yard, a builder's yard, a coal yard, timber
yard or a transport enterprise, shall be fenced on all boundaries in a manner and with
materials as required by the Council.

(b) Service stations and filling stations

(i) The vehicular access and exit ways to and from the premises of a service station or
filling station shall, where they cross the road boundary, be not more than 10m wide,
and a wall at least 100mm thick and 200mm high shall be erected on the road boundary
between the points of access and exit. The wall shall be continued along such boundary
unless the premises are otherwise enclosed. The vehicular access and exit ways to and
from the motor vehicle fuel pumps shall be restricted to one of each for every
continuous stretch of frontages of 30m which the premises whereon such pumps are
erected have on the boundary of a public street or public road.

(ii) In an urban area the vehicular access and exit ways to and from the premises of a
service station or filling station, where they cross the road boundary, shall -

(aa) be not less than 30m from the point nearest to where a declared road,
proclaimed road or prospective main road intersects any other road of a like
status, or the nearest point of an intersection where traffic is controlled, or is
proposed to be controlled, by a traffic signal or traffic island;

(bb) be not less than 1,5m from the side boundary of the premises; or in the case of
an inter-section other than one referred to in paragraph (aa), if the corner of
the intersection is not splayed, be not less than 10m from such corner, or if the
corner at the intersection is splayed, be not less than 10m from such corner or
5m from the point where the line of splay meets the road boundary, whichever
is the greater distance from the corner.

(iii) In an area other than an urban area the vehicular access and exit ways to and from the
premises of a service station or filling station shall, where they cross the road boundary
be not less than 500m from the point nearest to -

(aa) where a declared road, proclaimed road or prospective main road intersects any
other road of a likewise status;

(bb) an intersection where traffic is controlled, or is proposed to be controlled by a


traffic signal or traffic island; or

(cc) where any vehicular access and exit ways cross the road boundary to and from
motor vehicles fuel pumps on the premises of another service station or filling
station on the same side of the road.

(iv) Three bays per repair bay plus 2 bays per 100 m² spares and sale areas shall be
provided. All other buildings and uses excluding shops and restaurants shall provide
parking at 1bay per 50 m² GLA. Convenient shops and restaurant shall provide parking
at 1 bay per 25 m² GLA.

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(c) Boundary walls

Where a land unit has a common boundary with another land unit that is not zoned for
industrial purposes, the Council may require a 2 m high wall to be erected along the boundary
to its satisfaction.

(d) Screening

The Council may require any part of the land unit which is used for storage or the loading of
goods to be enclosed with a suitable screen wall to the Council’s satisfaction.

(e) Environmental impact

No activity which includes storage of on-site hazardous substances shall be permitted unless a
Risk Management and Prevention Plan has been approved by the Council.

(f) Site Development Plan

(i) The Council may require a Site Development Plan to be submitted at rezoning or
building plan stage to its satisfaction, provided that -

(aa) the Council shall not unreasonably refuse a Site Development Plan that is
consistent with the development management provisions of this zone, or
conditions of a rezoning approval; and

(bb) the Council may require amendments to the Site Development Plan to address
reasonable concerns relating to access, parking, architectural form, urban
design, landscaping, engineering services or similar concerns.

5.16.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) External appearance of buildings (Section 6.17)

(d) Home Owners’ Association (Section 6.24)

(e) Outbuildings (Section 6.31)

(f) Place of Entertainment (Section 6.32)

(g) Scrap yard (Section 6.34)

(h) Transmission tower (Section 6.38)

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5.17 EDUCATIONAL ZONE

TABLE: B15 EDUCATIONAL

PURPOSE: Educational uses

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Place of Instruction • Dwelling unit • Cemetery


• Parsonage • Place of Worship
• Place of Assembly

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 8m • 8m • 8m • 12 m • 65% • 1.0 • Dwelling house: 1 bay;


• Place of Worship: 1 bay/6 seats;
• Place of Assembly: 20 bays/100
m²;
• Funeral parlour: 1 bay/4 seats;
• Community hall: 20 bays/100 m²;
• School: 1 bay/classroom plus 1
bay /10 students;
• Tertiary: 1 bay/classroom plus 1
bay/ 3 classrooms for visitors

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.17

The objective for this zone is to provide for :

(i) Buildings used for education purposes, such as tertiary institutions (college, university,
primary and secondary school buildings, campus, pre-primary, crèche and school buildings,
adult education and training centre.

(ii) Educational use in neighbourhood areas or other locations where consideration is also given to
a safe environment, limited impact from nearby development, safety of access, and the
combination of community related land uses for the sharing of facilities.

5.17.1 Land Use Parameters

(a) Primary Use

Place of Instruction
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(b) Secondary Use

Dwelling unit, Parsonage, Place of Assembly

(c) Consent Use

Cemetery; Place of Worship

5.17.2 Development Parameters

(a) Building lines

Street building lines: 8m


Side building lines: 8m
Rear building lines: 8m
Lagoon building lines: 10m above the mean high water mark

(b) Height

(i) The maximum height for buildings in this zone shall be at most 12m above the natural
ground level directly below a given point or portion of the building, provided that
Council may restrict the height in its sole discretion.

(ii) The maximum height of a residential dwelling or parsonage in this zone, shall not
exceed 8m above the natural ground level.

(c) Coverage

A maximum of 65%.

(d) Floor factor

A maximum of 1.0.

(e) Parking

Place of Worship 1 bay per 6 seats

Place of Assembly 20 bays per 100 m²

Funeral parlour 1 bay per 4 seats

Place of Instruction
School 1 bay per classroom plus 1 per 10 students
Tertiary 1 bay per classroom plus 1 per 3 students for visitors

Community hall 20 bays per 100m² of floor area

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5.17.3 Development Management Provisions

(a) Place of Instruction

(i) Certification

Buildings developed or converted for educational use (except for day care facilities),
may only be used for such purposes where valid approval/ certification exist issued by
the responsible government department (i.e. National Qualification Framework
Certificate).

(ii) Safety

Where buildings are to be developed or converted for use as a Place of Instruction,


adequate motivation must be provided to the satisfaction of Council regarding additional
safety measures, including, but not limited to fencing, vehicular access, pedestrian
crossing and loading bays, building plan approval in terms of the National Building
Regulations, must be obtained prior to such use being commenced with.

(b) Place of Worship

Any activities other than worship services within the Place of Worship or associated hall may
not have a detrimental impact on the surrounding properties or immediate neighbourhood.

(c) Site Development Plan

Council may require that a Site Development Plan be advertised if, in its opinion, the
proposed land use will adversely affect the interest of any person.

5.17.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) External appearance of buildings (Section 6.17)

(d) Non-Residential uses in Less Formal Township Areas (Section 6.30)

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5.18 WORSHIP ZONE

TABLE: B16 WORSHIP

PURPOSE: Religious purpose

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Place of Worship • Day care facility • Cemetery


• Parsonage • Crematorium
• Place of Assembly
• Place of Instruction

DEVELOPMENT PARAMETERS

Street Side Rear Height Coverage Floor Parking


building building building factor
line line line

• 8m • 8m • 8m • 12 m • 50 % • 0.8 • Place of Worship: 1 bay/6


seats;
• Place of Assembly: 20 bays/100
m²;
• Funeral parlour: 1 bay/4 seats;
• Community hall: 20 bays/100
m²;
• School: 1 bay/classroom plus 1
bay/10 students;
• Tertiary: 1 bay/classroom plus
1 bay/3 students for visitors;
• Day care: 1 bay/staff plus 1
bay/5 children

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.18.

The objective for this zone is to provide for buildings incidental to worship activities, including those
uses described in the definition of a Place of Worship.

5.18.1 Land Use Parameters

(a) Primary Use

Place of Worship

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(b) Secondary Use

Day care facility; Parsonage; Place of Assembly; Place of Instruction

(c) Consent Use

Cemetery; Crematorium

5.18.2 Development Parameters

(a) Building lines

Street building lines: 8m

Side building lines: 8m

Rear building lines: 8m

Lagoon building lines: 10m above the mean high water mark

(b) Height

(i) The maximum height for buildings in this zone shall be at most 12m above the natural
ground level directly below a given point or portion of the building, provided that
Council may restrict the height in its sole discretion.

(ii) The maximum height of a residential dwelling or parsonage in this zone, shall not
exceed 8m above the natural ground level.

(c) Coverage

(i) A maximum of 50%.

(d) Floor factor

A maximum of 0.8.

(e) Parking

Place of Worship 1 bay per 6 seats

Place of Assembly 20 bays per 100 m²

Funeral parlour 1 bay per 4 seats

Place of Instruction
School 1 bay per classroom plus 1 per 10 students
Tertiary 1 bay per classroom plus 1 per 3 students for visitors

Community hall 20 bays per 100m² of floor area

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5.18.3 Development Management Provisions

(a) Incidental uses: Place of Worship and Place of Instruction

Buildings developed or converted for place of worship and place of instruction purposes, may
also include uses incidental to the reasonable and ordinary use of such land and buildings,
such as social functions, provided that only activities which, in Council’s opinion, will not result
in a public nuisance, shall be permitted.

(b) Place of Instruction

(i) Certification

Buildings developed or converted for educational use, may only be used for such
purposes where valid approval/certification exists issued by the responsible government
department (i.e. National Qualification Framework Certificate).

(ii) Safety

Where buildings are to be developed or converted for use by school children, the
adequate motivation must be provided to the satisfaction of Council regarding additional
safety measures, including, but not limited to fencing, vehicular access, pedestrian
crossing and loading bays.

(c) Site Development Plan

Council may require that a Site Development Plan be advertised if, in its opinion, the
proposed land use will adversely affect the interest of any persons.

5.18.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) Day care facility (Section 6.14)

(d) External appearance of buildings (Section 6.17)

(e) Non-Residential uses in Less Formal Township Areas (Section 6.30)

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5.19 INSTITUTIONAL ZONE

TABLE: B17 INSTITUTIONAL

PURPOSE: Institutional: social, welfare, health

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Institutional (excluding a • Place of Worship • Boarding house


reformatory) • Place of Instruction
• Prison
• Reformatory

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 5m • 5m • 5m • 12 m • 60 % • 1.0 • Place of Worship: 1 bay/6 seats;


• Place of Assembly: 20 bays/100 m²;
• Funeral parlour: 1 bay/4 seats;
• Community hall: 20 bays/100 m²;
• School: 1 bay/classroom plus 1
bay/10 students;
• Tertiary: 1 bay/classroom plus 1
bay/3 students for visitors;
• Institution (hospital): 1 bay/bed and
1 bay/15 staff;
• Clinic/consulting rooms: 1 bay/2
staff and 1 bay/100 m² of floor area

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.19.

The objective for this zone is to provide for buildings incidental to social welfare and physical health
which may have a significant negative impact on its surroundings.

5.19.1 Land Use Parameters

(a) Primary Use

Institution (excluding a reformatory);

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(b) Secondary Use

Place of Worship

(c) Consent Use

Boarding house; Place of Instruction; Prison; Reformatory

5.19.2 Development Parameters

(a) Building lines

Street building lines: 5m

Side building lines: 5m

Rear building lines: 5m

Lagoon building lines: 10m above the mean high water mark

(b) Height

At most 12m above the natural ground level below a given point or portion of the building.

(c) Coverage

A maximum of 60%.

(d) Floor factor

A maximum of 1.0.

(e) Parking

Place of Worship 1 bay per 6 seats

Place of Assembly 20 bays per 100 m²

Funeral parlour 1 bay per 4 seats

Place of Instruction
School 1 bay per classroom plus 1 per 10 students
Tertiary 1 bay per classroom plus 1 per 3 students for visitors

Community hall 20 bays per 100m² of floor area

Hospital 1 bay per bed


1 bay per 15 staff members

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5.19.3 Development Management Provisions

(a) Place of Worship

The development parameters applicable in the Single Residential Zone shall apply to a
parsonage.

(b) Site Development Plan

(i) Council may require that any new Site Development Plan or any amendment to an
approved Site Development Plan be submitted for approval prior to building plan
approval being granted.

(ii) The Council may require that any new Site Development Plan or any amendment to an
approved Site Development Plan be advertised if, in its opinion, the proposed land use
will adversely affect the interest of any persons.

5.19.4 General provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Architectural design manual (Section 6.12)

(c) External appearance of buildings (Section 6.17)

(d) Non-Residential uses in Less Formal Township Areas (Section 6.30)

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5.20 PUBLIC OPEN SPACE

TABLE: B18 PUBLIC OPEN SPACE

PURPOSE: Public recreation area

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Public open space • Authority use • Cemetery


• Sport facility • Crematorium
• Transmission tower

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• ADC • ADC • ADC • ADC • ADC • ADC • Place of Assembly: 20 bays/100 m²;
• Funeral parlour: 1 bay/4 seats;
• Community hall: 20 bays/100 m²;
• Recreation, sport: 1 bay/8 seats

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.20.

The objective of this zone is to provide for use of undeveloped areas or developed areas, in public
ownership -

(i) for the purposes of recreation;

(ii) for the purpose of creating a desired urban property scape;

(iii) for the purpose of creating visual and physical relief for the inhabitants of an area.

5.20.1 Land Use Parameters

(a) Primary Use

Public Open Space

(b) Secondary Use

Authority use; Sport facility

(c) Consent Use

Cemetery; Crematorium; Transmission tower

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5.20.2 Development Parameters

The development parameters shall be determined by Council when granting rezoning approval.

5.20.3 Development Management Provisions

(a) Provision standards

Open space shall be provided according to Section 7.14.

(b) Site Development Plan

Council may request during pre-application discussions, that Site Development Plan is
advertised, where, in its opinion, the application will adversely affect the interest of any
persons.

(c) Landscaping plan

Council may request, during pre-application discussions, that a landscaping plan is submitted.

(d) General management provisions: Open space

(i) The following general management provisions shall apply to property used for open
space/recreation area purposes:

(aa) No one may deform, excavate or remove any feature of the property;

(bb) Dumping is prohibited;

(cc) Use of the property shall be subject to the parameters that Council, or where
relevant, the Owners’ Association may determine for each property.

(e) Sport facilities

Where buildings and facilities or part thereof are not aligned to the sport or where buildings
and facilities or part thereof involve a business or any other use which is aligned or dependant
on the users of the sport facilities, such a building shall be intended for such purposes and
indicated on the zoning map as spot/split zonings.

(f) Transmission tower

(i) Advertising of all applications for transmission towers shall be the responsibility of the
applicant at the recommendation of Council and the costs are to be carried by the
applicant.

(ii) The location of transmission towers, design, safety and health aspects, shall be
consistent with Council’s applicable sectoral plan or policy and national or provincial
legislation.

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5.21 PRIVATE OPEN SPACE

TABLE: B19 PRIVATE OPEN SPACE

PURPOSE: Private recreation area

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Private open space • Caretaker’s quarters • Camp site


• Private street • Dwelling unit
• Sport facility • Infrastructure usage
• Refuse rooms • Transmission tower

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• ADC • ADC • ADC • ADC • ADC • ADC • Recreation, sport: 1 bay/8 seats;
• Dwelling house: 1 bay

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.21.

The objective of this zone is to provide for use of undeveloped areas or developed areas, in private
ownership, for the purposes of -

(i) recreation;

(ii) creating a desired urban property scape;

(iii) creating visual and physical relief for the inhabitants of an area.

5.21.1 Land Use Parameters

(a) Primary Use

Private Open Space

(b) Secondary Use

Caretaker’s quarters; Private street; Sport facility; Refuse rooms

(c) Consent Use

Camp site; Dwelling unit; Transmission tower; Utility service

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5.21.2 Development Parameters

The development parameters shall be determined by Council when granting rezoning


approval.

5.21.3 Development Management Provisions

(a) Provision standards

Open space shall be provided according to Section 7.14.

(b) Site Development Plan

Council may request, during pre-application discussions, that a Site Development Plan is
advertised, where, in its opinion, the application will adversely affect the interest of any
persons.

(c) Landscaping plan

Council may request during pre-application discussions, that a landscaping plan is submitted.

(d) General management provisions: Open space

(i) The following general management provisions shall apply to property used for open
space/recreation area purposes:

(aa) No one may deform, excavate or remove any feature of the property.

(bb) Dumping is prohibited.

(cc) Use of the property shall be subject to the parameters that Council, or where
relevant, the Owners’ Association may determine for each property.

(e) Sport facilities

Where buildings and facilities or part thereof are not aligned to the sport or where buildings
and facilities or part thereof involve a business or any other use which is aligned or dependant
on the users of the sport facilities, such a building shall be intended for such purposes and
indicated on the zoning map as spot/split zonings.

(f) Transmission tower

(i) Advertising of all applications for transmission towers shall be the responsibility of the
applicant at the recommendation of Council and the costs are to be carried by the
applicant.

(ii) The location of transmission towers, design, safety and health aspects, shall be
consistent with Council’s applicable sectoral plan or policy and national or provincial
legislation.

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5.22 CONSERVATION ZONE

TABLE: B11 CONSERVATION

PURPOSE: Environmental conservation

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Conservation usage • None • Camp site


• Nature reserve • Dormitory establishment
• Environmental facilities
• Tourist facility

DEVELOPMENT PARAMETERS

Street Side Rear Height Coverage Floor factor Parking


building building building
line line line

• 30 m • 30 m • 30 m • 8 m /2 storeys • ADC • ADC • N/A

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.22.

The objectives for this zone are to provide for -

(i) the use of land or an area for conservation purposes;

(ii) protection of the natural environment where land has been proclaimed for conservation
purposes according to the relevant legislation of National, Provincial or Local Government;

(iii) conservation purposes of the natural environment including natural processes, systems and
features of that environment in respect of land or an area, which is regarded as conservation
worthy by Council.

5.22.1 Land Use Parameters

(a) Primary Use

Conservation usage; Nature reserve

(b) Secondary Use

None

(c) Consent Use

Camp site; Dormitory establishment; Environmental facilities; Tourist facility

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5.22.2 Development Parameters

(a) Building lines

Street building lines: 30m

Side building lines: 30m

Rear building lines: 30m

Where a property is smaller than 5ha due to historical or subdividing reasons, a 15m building
line shall apply along all boundaries.

(b) Height

The maximum height for buildings in this zone is two storeys limited to a maximum of 8m
above natural ground level directly below a given point or portion of the building.

5.22.3 Development Management Provisions

(a) Protection of nature reserves

(i) Open space shall be provided in accordance with Section 7.14.

(ii) Council may, on the application by a landowner or on its own initiative and with the
landowner’s consent, zone land for Conservation Zone purposes, if in Council’s opinion,
the area needs to be protected or to protect that part of the environment for which
legal conservation status already exists.

(iii) Land zoned for Conservation purposes may -

(aa) not be destructed, damaged, disfigured, excavated or altered in any way; and

(bb) be subject to conditions of use and development imposed by Council, and


Council may prescribe building lines, height, setback, FAR, coverage, parking,
density, etc. which is considered appropriate.

(iv) The Council may require the submission of a Site Development Plan and other
documentation to it, explaining the conservation value and conservation management
purposes.

(b) Plan requirements

Council may require the submission of an Environmental Management Plan or a Development


Impact Assessment for land zoned for Conservation Zone purposes to accompany applications
in terms of this Scheme.

(c) Approval

Council may only zone land for Conservation Zone purposes, with the consent of the
responsible provincial authority or national authority (i.e. the SAHRA or DEADP), if such
comment is legally required.

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(d) Conditions

Council shall, depending on unique circumstances, stipulate land use provisions and any
dditional conditions of use, with due regard to the requirements of other organs of state.

(e) Resort housing and camp sites

(i) The provisions of Section 5.10 for Resort Zone shall apply, provided that the
development for resort and camp site purposes may only be permitted with due
consideration of Council.

(f) Ancillary uses and activities

(i) Ancillary uses and activities may be permitted that -

(aa) are regarded reasonably and ordinary related to resort housing and camp sites,
and including nature reserve purposes (offices, roads, access control, store
rooms, etc.);

(bb) does not impact on the need for conservation of ecosystems and biodiversity,
sustainable outdoor recreation and limited sustainable use of natural resources.

(g) Site Development Plan

All applications for Conservation Zone purposes shall be accompanied by a Site Development
Plan.

5.22.4 General Provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Storm water management area (Section 7.20)

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5.23 UTILITY ZONE

TABLE: B21 UTILITY

PURPOSE: Utility facilities

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Authority use • None • None


• Infrastructure usage
• Municipal Store

DEVELOPMENT PARAMETERS

Street Side building Rear building


Height Coverage Floor factor Parking
building line line line

• ADC • ADC • ADC • ADC • ADC • ADC • ADC

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.23.

The objectives for this zone are to provide for -

(i) the use of land for the purpose of accommodating Municipal infrastructural services to the
general public that cannot be provided on other properties and any other zoning category;

(ii) utility uses undertaken by central, provincial and municipal government agencies or
parastatals which do not fall into another zoning category;

(iii) use of land for the provision of bulk infrastructure installations in private developments or by
privately owned utility companies.

5.23.1 Land Use Parameters

(a) Primary Use

Authority use, Infrastructure usage, municipal store

(b) Secondary Use

None

(c) Consent Use

None

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5.23.2 Development Management Provisions

(a) The following development management provisions apply:

(i) The Council shall determine the development management provisions applicable to land
units in this zone.

(ii) All relevant safety and health regulations shall apply.

(b) Plan Requirements

Council may require the submission of a Site Development Plan and/or an Environmental
Management Plan prior to approval of any building plans or engineering services plans.

(c) Conditions

Council may, depending on unique circumstances, stipulate additional conditions of use, with
due regard to the requirements of other organs of state.

5.23.3 General Provisions

The following general management provisions, policies and guidelines shall apply to the use of a
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Storm water management area (Section 7.20)

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5.24 TRANSPORT ZONE

TABLE: B22 TRANSPORT

PURPOSE: Transport purposes

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Transport use • Authority use • Heliport


• Restaurant
• Shop
• Transmission tower

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 0m • 0m • 0m • 8m • 80 % • 1.0 • Shops: 1 bay/25 m²


• Restaurant: 1 bay /10 m² of floor
area

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.24.

The objectives for this zone are to reserve land for transportation systems, excluding roads and
public streets, but including all other transport undertakings which serve the public such as airports,
heliports, harbours, railway line and station, bus depots, taxi ranks, cable car stations and modal
interchanges.

5.24.1 Land Use Parameters

(a) Primary Use

Transport use

(b) Secondary Use

Authority use

(c) Consent Use

Heliport, Restaurant; Shop; Transmission tower

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5.24.2 Development Parameters

(a) Building lines

Street building lines: 0m

Side building lines: 0m

Rear building lines: 0m

Except where a Transport Zone abuts on another zone, in which case the side and rear
building lines of the latter zone shall comply on both sides of the common boundary.

Lagoon building line: 10m from the mean high water mark.

(b) Height

The maximum height for buildings in this zone is 8m above the natural ground level directly
below a given point or portion of the building except for a control tower and an airport.

(c) Coverage

A maximum of 80%.

(d) Floor factor

A maximum of 1.0.

(e) Parking

Parking and access shall be provided on the land unit as per Section 7.16.

5.24.3 Development Management Provisions

(a) Plan requirements

Council may require the submission of Site Development Plan and/or an Environmental
Management Plan for land zoned for Transport Zone purposes to accompany applications in
terms of this Scheme.

(b) Conditions

Council may, depending on unique circumstances, stipulate additional conditions of use, with
due regard to the requirements of other organs of state.

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5.24.4 General Provisions

The following general management provisions, policies and guidelines shall apply to the use of
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Transmission tower (Section 6.38)

(c) Parking requirements (Section 7.16)

(c) Storm water management area (Section 7.20)

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5.25 STREET ZONE

TABLE: B23 STREET

PURPOSE: Public and private street

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Public street • Infrastructure usage • Informal Trading


• Private street

DEVELOPMENT PARAMETERS

Street Side building Rear building


Height Coverage Floor factor Parking
building line line line

• ADC • ADC • ADC • ADC • ADC • ADC • N/A

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.25.

The objective for this zone is to reserve land for public and private street purposes whether
constructed or still to be constructed.

5.25.1 Land Use Parameters

(a) Primary Use

Public street, Private street

(b) Secondary Use

Infrastructure usage

(c) Consent Use

Informal trading

5.25.2 Development Parameters

Council may prescribe any appropriate development parameters when approving the use of land.

5.25.3 Development Management Provisions

(a) Construction

(i) No person shall -

(aa) construct a crossing, bridge or culvert onto or across a public street;

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(bb) construct or lay a sidewalk on a public street; and

(cc) construct a wall or steps or other projection in or over a public street,

except in accordance with the written permission and requirement of the Council.

(b) Proposed street, street widening and street closure

(i) The Council may indicate on the zoning map new streets which it proposes to establish,
streets which it proposes to widen or close.

(ii) Any portion of street that is closed in accordance with prevailing law, subdivided and
transferred to an owner of property adjacent to such street, shall be deemed to fall into
the same zone as the adjacent property concerned.

(c) Deemed zoning

Any street, or any portion of land indicated as a street on an approved general plan that has
not lapsed, shall be deemed to be zoned as Street Zone.

5.25.4 General Provisions

The following general management provisions, policies and guidelines shall apply to the use of
property within this zone:

(a) Storm water management area (Section 7.20)

(b) Zoning of closed public streets and public spaces (Section 9.9)

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5.26 PARKING ZONE

TABLE: B24 PARKING

PURPOSE: Parking

LAND USE PARAMETERS

Primary use Secondary use Consent use

• Private parking • None • Filling station


• Public parking • Service station

DEVELOPMENT PARAMETERS

Street Side Rear


Floor
building building building Height Coverage Parking
factor
line line line

• 0m • 0m • 0m • 12 m • 75 % • 3.0 • Service station: 1 bay/repair


bay plus 2 bays/100 m²; 1
bay/50 m² for other uses:
convenient shop and
restaurant: 1 bay/25 m²

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.26.

The objectives for this zone are to reserve land for public and/or private parking purposes whether
constructed or still to be constructed.

5.26.1 Land Use Parameters

(a) Primary Use

Private parking; Public parking

(b) Secondary Use

None

(c) Consent Use

Filling station, Service station

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5.26.2 Development Parameters

(a) Building Line:

0 m building lines, except in cases where provision must be made for access purposes where
the street building line shall be 5 m.

(b) Height:

A maximum of 12 m.

(c) Coverage:

A maximum of 75 %.

(d) Floor factor:

A maximum of 3.0.

5.26.3 Development Management Provisions

(a) Deemed zoning

Any parking area, or portion of land indicated as parking on an approved plan that has not
lapsed, shall be deemed to be zoned as Parking Zone.

(b) Proposed parking

(i) The Council may indicated on the zoning map proposed parking areas which it proposes
to establish or close.

(ii) The parking requirements for filling station and related convenient shops will be
provided as per Section 7.16.

5.26.4 General Provisions

The following general management provisions, policies and guidelines shall apply to the use of
property within this zone:

(a) Aesthetics and landscaping (Section 6.6)

(b) Storm water management area (Section 7.20)

(c) Loading areas (Section 7.16)

(d) Parking requirements (Section 7.16)

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5.27 SPECIAL ZONE

TABLE: B25 SPECIAL AREA

PURPOSE: Special usage

LAND USE PARAMETERS

Primary use Secondary use Consent use

• As determined per Special • As determined per Special • As determined per Special


Zone Zone Zone

DEVELOPMENT PARAMETERS

Street Side building Rear building


Height Coverage Floor factor Parking
building line line line

• ADC • ADC • ADC • ADC • ADC • ADC • ADC

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.27.

The objectives for this zone are to provide and allow for -

(i) circumstances where special or unique factors justify the creation of a new zone on the zoning
map for a specific site or sites without justifying the creation of a new zone;

(ii) the opportunity to introduce collaborative planning techniques into the development process,
whereby a negotiated settlement between Council and owner/developer is possible in the
interest of sustainable development;

(iii) unforeseen or special circumstances where it is not possible or expedient to accommodate the
use or activity in an existing use zone and it allows for innovative design, architectural styles,
building forms and the site relationships.

5.27.1 Land Use Parameters

(a) Primary Use

As determined per Special Zone

(b) Secondary Use

As determined per Special Zone

(c) Consent Use

As determined per Special Zone

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5.27.2 Alternative methods of Development Management

(a) Council must employ one of the following methods of development management in this zone:

(i) Special development management provisions may be determined by Council and


described in a separate Special Zone in an Annexure to this Scheme. This method is
known as the Special Zone Annexure.

(ii) The development management provisions may also be determined by Council by means
of a Site Development Plan. This method is known as the Special Zone Site
Development Plan.

(iii) Council may combine both the Special Zone Annexure method and the Special Zone Site
Development Plan method.

(b) Once a land unit has been zoned Special Zone, Special Zone Annexure and Special Zone Site
Development Plans, may be adopted by, or amended by Council in terms of a standing Council
resolution, and do not require the formal amendment of this Scheme.

(c) The Special Zone Annexure is suitable for sites where -

(i) the development management provisions can be clearly determined, but the
development proposals require some measure of flexibility; or

(ii) the size of the proposed development, number of land units or range of uses is such
that Council considers this method to be the most appropriate for development.

(d) The Special Zone Site Development Plan is suitable for sites where -

(i) the development proposals are sufficiently firm and only limited flexibility is required; or

(ii) the size of the proposed development, number of land units or range of uses is such
that Council considers this method to be the most appropriate for development

5.27.3 Development Management Provisions

(a) Special Zone Annexure

(i) When Council employs the Special Zone Annexure method of development
management, it shall identify the area concerned on the zoning map by way of a
separate number, and shall stipulate the development management provisions for that
area as a separate Special Zone in an annexure to this Scheme.

(ii) Each Special Zone where the management provisions differ from those of another
Special Zone, shall be given a separate number, and each number with the
accompanying development management provisions, shall be described as a separate
Special Zone in the annexure to this Scheme.

(iii) A list of Special Zone Annexure established in terms of this Scheme shall be provided in
the annexure created for this purpose.

(b) Special Zone Site Development Plan

(i) Where Council employs the Site Development Plan method of development
management, it shall require a Site Development Plan to be submitted in terms of
Section 11.
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(ii) The reference number and date of a Site Development Plan approved by Council shall
be recorded in the register.

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5.28 SUBDIVISIONAL AREA ZONE

TABLE: B26 SUBDIVISIONAL AREA

PURPOSE: Confirmation of the principle of subdivision

LAND USE PARAMETERS

Primary use Secondary use Consent use

• N/A • N/A • N/A

DEVELOPMENT PARAMETERS

Street Side building Rear building


Height Coverage Floor factor Parking
building line line line

• ADC • ADC • ADC • ADC • ADC • ADC • ADC

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.27.

The objective for this zone is to designate land where future subdivision and development rights are
granted, subject to conditions including the submission of a detailed subdivision application. This
zone confirms only the principle of subdivision, not the detail which will be determined when an
actual application for subdivision is approved.

5.28.1 Development Management Provisions

(a) The zoning of the land unit as Subdivisional Area, shall not exempt an owner from compliance
with the provisions of relevant planning laws which govern the subdivision of land.

(b) The density requirement and other conditions which are laid down at the time of approval of
the rezoning to Subdivisional Area shall apply.

(c) Such conditions may include, but are not limited to, requirements for a development
framework, environmental management plans, traffic impact assessment, landscape master
plans, precinct plans or Site Development Plans.

(d) At the confirmation of a subdivision for land which has been zoned as Subdivisional Area, the
zoning parameters approved by Council, as part of the subdivision approval, shall be deemed
to be a substitution scheme.

(e) Council may grant or refuse an application for subdivision of land and subject to the
conditions applicable to, a Subdivisional Area, as well as an application for the subdivision of
land involving no change in zoning.

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5.29 UNDETERMINED ZONE

TABLE: B27 UNDETERMINED

PURPOSE: Land with undetermined zoning and no development management


provisions

LAND USE PARAMETERS

Primary use Secondary use Consent use

• None • None • None

DEVELOPMENT PARAMETERS

Street Side building Rear building


Height Coverage Floor factor Parking
building line line line

• ADC • ADC • ADC • ADC • ADC • ADC • ADC

This table contains a summary only and does not replace or supersede the provisions of the zoning
and must therefore be read in conjunction with the balance of Section 5.29.

The objective of this zone is to enable Council to defer a decision regarding a specific land use and
development management provisions until the circumstances affecting the land unit have been
properly investigated, or until the owner of the land makes an application for rezoning, or a zoning
determination is made by Council.

5.29.1 Land Use Parameters

(a) Primary Use

None, provided that this shall not be interpreted to preclude a landowner from continuing any
lawful utilization of the land commenced on or before 1 July 1986.

(b) Secondary Use

None

(c) Consent Use

None

5.29.2 Development Management Provisions

No new development shall be permitted on any land portion in this zone, unless Council first rezones
the land portion to a zone permitting such new development, either as a "spot zone" or as the entire
land unit.

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5.30 OVERLAY AREA

5.30.1 Objectives and salient features

Objective:

(a) Overlay Areas increase flexibility and provide opportunities for development to respond to
special circumstances or local conditions.

(b) Overlay Areas, once adopted for a particular area, shall apply in addition to any base zones
applicable in that property or area.

(c) An Overlay Area provides Council with a mechanism whereby directives, land use parameters
and design parameters may be established for a property or area, and which apply over and
above the existing zoning(s) on the property or area.

(d) An Overlay Area can result in more restrictive parameters requiring particular design
responses or it can result in less restrictive parameters applicable to a property or area.

(e) Before applying Overlay Areas, Council shall follow a transparent process, either through
forward planning initiatives, rezoning procedures or resolutions in terms of this Scheme which
should be a collaborative process between Council, the community and property owners.

5.30.2 Development Management Provisions

(a) Council may prepare, amend or delete overlay areas for specific areas in the municipal area to
give expression to the local needs and values of the communities concerned in a planning
context, to promote sustainable development and to respond to current urban or conservation
realities in a particular area, providing that Council is satisfied that it does not detract from the
Council’s ability to serve the needs of the municipal area as a whole.

(b) Notwithstanding the fact that a particular zoning is attached to a property or area in terms of
this Scheme, Council may designate an overlay area to effect the implementation of a special
category or directives, development parameters and land use parameters in addition to the
existing use rights that apply to the property.

(c) Council may impose directives by increasing or relaxing development parameters to those
applying to the underlying zones when a property or area is identified for overlay area
purposes.

(d) Council may determine the development management provisions for Overlay Areas according
to the package of plans approach as prescribed in this Scheme or Council may require the
submission of a Site Development Plan.

(e) The Municipal Manager shall -

(i) cause the proposed adoption, amendment or deletion of an Overlay Area to be


advertised in accordance with the public consultation policy of the Council, affording
interested parties the opportunity to submit written comments or objections to the
Municipal Manager;

(ii) obtain the relevant comment of any organ of state which, in his opinion, has an interest
in the Overlay Area concerned;

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(iii) submit the proposed Overlay Area, amendment or deletion, and all relevant
documentation to the Council for consideration and a decision;

(iv) notify all persons who submitted comments relating to the adoption, amendment or
deletion of the Overlay Area, within the prescribed period, of the Council’s decision;

(v) make known the adoption, amendment or deletion by publication of a notice in the
press, confirming at which municipal office the relevant documentation may be
inspected by interested parties.

5.30.3 Overlay Areas

(a) Noetzie Overlay Area:

To accommodate the existing character of the area by retaining the parameters and urban
design guidelines of the Noetzie Zoning Scheme

(i) To change the current Resort Zone ll to single residential zone, but to retain the current
land use parameters in terms of coverage, building lines, parking and height

(ii) Front building line: 5m

(iii) Rear building line: 1m

(iv) Side building line: 1,5m

(v) Parking shall be provided either on site or off site subject to agreement with
surrounding land-owners according to Council’s requirements as they may be laid down
from time to time.

(vi) When new buildings are constructed only that land area required for the building
footprint and plus a 3 m clearance for construction should be cleared of indigenous
vegetation;

(vii) Bed & Breakfast establishments could be allowed as a consent use.

(viii) Urban Design Guidelines

The area shall be divided into three precincts for the purpose of Urban Design
Guidelines, namely the Headland, the Beach and the River, as shown on the Urban
Design Precinct Map.

• Headland – unobtrusive, single storey, contemporary Cape;

• Beach – stone castellated buildings/Millwood corrugated iron houses;

• River – rustic; hidden away, unobtrusive buildings.

No. Element Headland Beach River


1. Appearance
1.1 Style and character Contemporary Cape, (i) “castle”, castellated Rustic lodge/hide very
drawing from elements parapets, etc. unobtrusive
of existing building (ii) “Millwood” house
1.2 Heights One storey One-two storeys One-two storey(s) (stilt
foundations as
appropriate)

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2. Colours/Materials
2.1 Walls Dark greens and Terrace walls on Dark colours-greens and
browns-drawing from Millwood houses-stone browns, varnished wood.
existing building and otherwise corrugated Sands, greens that tie in
picking up indigenous iron-light coloured with the natural colours
vegetation colours walls-other styles-stone
and brick
2.2 Openings and Contrasting colours but Contrasting colours but Contrasting colours but
trims(barge boards, which are still sensitive which are still sensitive which are still sensitive to
door and window to the local natural to the local natural the local natural colours
mullions and colours colours
architraves, columns,
balustrades, other
decorative elements)
2.3 Roofs Dark greens, browns Dark greens, browns or Dark greens, browns or
or black black black
3. Roofs
3.1 Shape Double pitched Double (Millwood) or Double pitched
single pitched (flat)
4. Landscaping Indigenous Indigenous Indigenous
5. Roads Shall have a rural Shall have a rural Shall have a rural quality
quality with no precast quality with no precast with no precast concrete
concrete kerbs or kerbs or channels, etc kerbs or channels, etc
channels, etc

(ix) Undetermined Zone shall only be considered for rezoning to the following use zone:

• Open Space Zone

• Resort Zone, without alienation by means of subdivision

(x) A portion of a dwelling may be used as an occupational practice, on condition that such
a dwelling house, residential building or flat or any part thereof shall not be used for
purposes of a shop, business premises, an industry or a noxious trade.

(xi) Subdivisions suggestive of a conventional suburban environment (i.e. uniform


rectangular plots) will not be permitted.

(xii) No commercial activity other than that pertaining to the operation of Bed and Breakfast
establishments, holiday business concessions and holiday accommodation shall be
permitted.

(b) Sedgefield Overlay Area

To retain some of the current land use parameters in terms of building lines, coverage and
height

(i) All buildings in Sedgefield shall be limited to 2 storeys and an attic and basement.

(ii) the rear building line for all erven south of Claude Urban Drive shall be 10 from the toe
of the dune

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(c) Knysna Conservation Overlay Area

To retain the historical value of the demarcated historical area by applying the current
parameters contained in the conservation policy.

With the main objective in mind as stipulated in clause 2.7 of the scheme regulations any
building operation in the conservation area shall be considered according to the following
guidelines. These guidelines only represent broad principles and should not be regarded as
regulations but rather as a checklist when considering a particular building operation.
Furthermore the Aesthetic Committee can recommend the amendment or extension of these
guidelines on a continuous basis or it can be amended by the Council on its own initiative.

(i) Height of buildings

Normally the height of buildings should be limited to not more than 10 metres above the
natural ground level directly below such a given point or portion of the building.

(ii) Building lines

Building lines, especially street building lines, may be retained or even increased if so required
to enhance the frontage of buildings in the conservation area. Specific building lines may also
be required to protect existing trees or for the planting of new trees.

Facades should be articulated, wall lengths limited to 7,5, maximum lengths with a minimum
300mm change of plane and the use of louvered shutters on windows is encouraged in order
to add to the articulated effect.

Exposed columns giving the appearance of a building on stilts will not be permitted. Rain
water fittings finished to match colours of walls and roof respectively.

(iii) Parking Areas

Parking areas shall be surfaced with accepted surfacing materials and the lay out as well as
street access points shall be indicated on the building plan.

(iv) Projections of Buildings Over Street Boundaries

Projections of buildings over street boundaries shall be limited to minor architectural features
or nay other feature which to the satisfaction of the Aesthetics Committee blends in with the
surrounding architecture.

(v) Advertising signs

The erection of any advertising sign, being defined as:

“…any surface, structure or device having on it any visible representation of a word, name,
letter, figure or any sign or symbol publicly displayed in any manner whatsoever for the
purpose of advertising, or giving information regarding or attracting the public to, any place,
person, performance, exhibition, entertainment or any activity or any merchandise…”

should be in accordance with the following development rules:


(aa) no lettering on signs may be greater in height than 200mm, except one initial capital
letter per word not exceeding 300mm;

(bb) the design of all signs must comply with the goal of enhancing the urban quality;

(cc) all signs will be subject to the approval of the Council or its delegate
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(vi) Historical Builsings

In the case of an existing building deemed by the Aesthetic Committee worthy of preservation
by reason of its historical or architectural significance, no permission will be granted for its
demolition or alteration except by resolution of the Council. In order to apply these guidelines,
it is essential that these buildings are timeously indicated on the zoning map and for Council
to decide on the conservation thereof.

(vii) General Principles Regarding Architecture and Aesthetics

(aa) plate-glass show windows in shops and similar buildings must be in such sections
interrupted by wall structures as may be required by the Council;

(bb) for residential or office buildings the proportion of wall space, window and doors
must be specifically approved by the Council;

(cc) water tanks, piping and similar additions should not be visible from the streets;

(dd) face bricks must not be used externally for the street façade of the buildings;

(ee) plastered walls must preferably be white or off-white in finish;

(ff) outside woodwork, if painted, must preferably be in green, brown, white or black;

(gg) piping or guttering must be painted in the same colour as the background;

(hh) roofing, if visible, must be black or dark grey or green.

(d) Belvidere Overlay Area

To accommodate the existing character of the area by retaining the parameters and urban
design guidelines of Belvidere.

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Old Belvidere:

(i) No single residential erf resulting from the subdivision on Erf 327 shall be allowed to
be further subdivided at any time.

(ii) No buildings or excavations are permitted within 8 m of the southern and western
boundaries of the Rail Reserve;

(iii) No buildings or excavations are permitted within 25 m on Stands 71, 72 and 73

(iv) No structures are permitted within 5 m from all road and parkland boundaries; 3
metres from side boundaries and 2 m from back boundaries;

(v) Special building lines have been imposed on Stands 171 to 189 inclusive and the
Belvidere Estate Home Owners Association office will indicate these on application.

(vi) Thatch, wood shingle or wood composite-roofed buildings have, for safety reasons, an
overall building line restriction of 5 m from all boundaries.

(vii) The building height restriction is 8,5 m measured vertically from the highest point of
the building to the natural ground level directly below that point. This restriction will
not be relaxed under any circumstances

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(viii) No carports, garages, verandas, staircases, pergolas or other vertical structures are
permitted within the building line restriction area;

(ix) A 10m street building line along the southern boundaries of Erven 504 and 520 and a
15m building line along the south eastern boundaries of Erven 504-508 must be
imposed;

(x) A second dwelling may only be approved on a single residential erf if all the following
conditions are met:

- The coverage of the main house and outbuildings does not exceed 300m².

- The floor area of the proposed second dwelling does not exceed 100m².

- The total number of toilets in the main house and outbuildings does not exceed
four (4).

- Only one toilet is allowed in the second dwelling, i.e. the maximum final number
of toilets is 1 + 4 = 5 toilets

- The second dwelling must be of the same style as the main house specifically in
materials, colour, doors and windows. A small kitchen is permitted;

- Special application through the Architectural Committee to the Belvidere Estate


Home Owners Association must be made and approval is at the latter’s
discretion.

Belvidere Estate:

(xi) No further subdivisions will be allowed;

(xii) A second dwelling may only be approved on a single residential erf if all the conditions
as specified in the supplement to the Building Design Manual titled “Council’s Policy
with regard to second dwellings (Granny Flats) are met.

Belvidere Heights (formerly known as Portion 43 of the Farm Uitzicht No 216):

(xiii) A 10m street building line along the southern boundaries of Erven 504 and 520 shall
apply.

(xiv) A 15m Street building line along the south eastern boundaries of Erven 505 – 510.

Belvidere Heights Resort (formerly known as Portion 45 of the Farm Uitzicht No 216):

(xv) A maximum height restriction of 5,5m is applicable to the main structure, and a 4m to
the outbuilding from the existing contours on the site.

(xvi) All buildings shall be limited to 2 storeys.

(xvii) 40m building lines will apply.

(xviii) The total floor area of the units shall be 360m².

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Belvidere Heights (formerly known as Portion 45 of the Farm Uitzicht No 216):

(xix) Street building lines from internal road shall be 5m

(xx) Side building lines shall be 3m

(xxi) Rear building lines shall be 5m.

(xxii) No relaxation of building lines will be permitted.

(xxiii) The maximum height at any point above natural site contour line shall not exceed
6500mm measured from natural ground line at any point below the building.

(xxiv) The maximum floor area under roof shall be 360m²

(e) Tavern Overlay Area

To demarcate specific areas where taverns could be considered as a consent use

(These areas still have to be identified followed by a comprehensive public participation


process)

(f) Density Overlay Area

To retain the current density in specific residential areas in Knysna (Paradise / Heuwelkruin /
Knysna Heights, Hunters’ Home, The Heads, Town Central)

(i) Paradise / Heuwelkruin / Knysna Heights: 750m²

(ii) Hunters Home: 1500m²

(iii) The Heads: 1000m²

(vi) Eastford / Welbedacht: a gross density of 6 units per ha


(subject to environmental informants
duch as steep slopes and vegetation)
shall apply in the Eastford /
Welbedacht area.

(vii) Town Central to be considered on merit with due


regard to the erf sizes within a 150m
radius from the application

(viii) Subdivisions in Old Place and Leisure Island are permitted on condition that the new
erf size shall not be smaller than the sizes of the erven prior to consolidation,
provided further that the new erven to be created shall be consistent with the ruling
erf sizes in the environment.

(g) Scenic Drive Overlay Area

To identify routes which traverse areas of outstanding scenic quality and to establish a
sustainable balance between the conservation of its associated natural and built amenities.

(These areas still have to be identified followed by a comprehensive public participation


process)

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(h) Informal Residential Overlay Area

(i) To identify the existing areas being utilized for informal residential areas and which
have to be upgraded into well established township areas;

(ii) the specific conditions of designation in terms of Act 113 of 1991 shall apply.

(i) Karatara Overlay Area

To retain the exiting character of the urban environment by complying with additional
guidelines.

(These areas still have to be identified followed by a comprehensive public participation


process)

(j) Knysna Lower Central Enhancement Area

To retain the upgrade the character of the Knysna Lower Central area by complying with
additional guidelines.

(These areas still have to be identified followed by a comprehensive public participation


process)

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CHAPTER 6: LAND USE POLICIES

PURPOSE:

The purpose of this chapter is to explain the land use parameters that apply to more than one
zoning which are similar in nature and which are permitted either as primary, secondary or consent
use.

6.1 GOALS

Council intends to achieve its goals for zoning to reflect a land use management and normative
approach, through policies, which are to serve as mechanisms to apply zoning provisions to the
requirements of a specified geographic location or area, and reflecting the needs, believes and
values of the communities in different neighbourhoods or areas.

6.2 OBJECTIVES

The objectives of the policies are -

(a) to inform and guide decision making by Council;

(b) to provide policy provisions for the specific purpose of the zoning scheme;

(c) to provide policy provisions that can at any time be adopted as zoning provisions, e.g. as
special planning areas;

(d) to accommodate change without the need to amend this Scheme, in that Council may as a
condition of approval, apply more or less restrictive provisions according to an adopted policy.

6.3 ADOPTION

6.3.1 Transparent Process

The proposed adoption of any policy shall be advertised in terms of Section 8.5.

6.3.2 Effective date

A Council resolution, in terms of which any policy has been adopted, shall become operative as from
the date determined by notice in the Provincial Gazette.

6.3.3 Adoption, updating and amendment

Council may, from time to time, adopt new policies and update such existing policies in order to
achieve the goals set out in this Scheme.

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6.3.4 Incorporation

All policies adopted or amended by Council shall be incorporated with other similar Council policies
into this document. Upon incorporation, the policy must be appropriately named and numbered.
Each such policy, of which the guidelines differ from those of other policies, shall be given a
separate number (from 1 onwards) and each number with the accompanying guidelines shall be
treated as a separate policy.

6.3.5 General

Council may apply scheme policies if this Scheme permits such application, i.e. -

(a) if this Scheme expressly provides for the inclusion of such policies and if such policies were
properly adopted in terms of this Scheme; and

(b) if land use or development parameters permit such application, i.e. if the application of such
policy would not create inconsistency with the provisions of this Scheme.

6.3.6 Legal requirements

Council must, in the application of Scheme policies, comply with the applicable administrative law
requirements, which includes that the Council must apply its mind to the matter to be decided upon.

6.4 ADDITIONAL DWELLING UNIT

(a) For the purposes of bona fide farm labourer accommodation, such accommodation units will
not be regarded as additional dwelling units. The Council will require certification from the
Department of Agriculture before exempting farm labourer’s dwellings from consideration as
additional dwelling units

(b) The additional dwelling units shall remain part of the main land unit.

(c) One additional dwelling unit per 10 ha of the size of the land unit (rounded down to the
nearest 10ha) will be allowed, but limited to a maximum of 5 additional units.

(d) The total floor area of all the additional dwelling units on the property may not exceed 600m²
or 120m² per additional dwelling unit, whichever shall be the most restrictive.

(e) Additional dwelling units shall be built in a uniform architectural style that blends in with the
rural character of the area, to the satisfaction of Council.

(f) One parking bay must be provided per additional dwelling unit.

(g) A bona fide farm manager’s dwelling will not be regarded as an additional dwelling unit. The
Council will require certification from the Department of Agriculture and the Receiver of
Revenue before exempting farm manager’s dwellings from consideration as an additional
dwelling unit.

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6.5 ADULT ENTERTAINMENT BUSINESS

No adult entertainment business shall be permitted within any block containing or surrounding a
school or church erf or within a minimum radius of 150m of such use, whichever is the greater.

6.6 AESTHETICS AND LANDSCAPING

Where paving, landscaping, other treatment or any aesthetic requirement is deemed necessary by
the Council, or the Premier, if the matter is considered by him, in order to prepare land for
development, it may be required by the Council or Premier, as the case may be, and such
requirements shall be carried out to the satisfaction of the Council or the Premier, as the case may
be, at the cost of the owner.

6.7 ADVERTISING (A-BOARDS) ON MUNICIPAL PROPERTY

Unless elsewhere specified (e.g. in relevant By-laws) free standing advertising boards on “A-boards”
may be used on the following conditions:

(a) Only one A-board per property (shop).

(b) A-boards only to be erected directly in front of the premises on the pavement on the same
side of the road as the premises.

(c) A-boards not to exceed 1,2m high x 0,6m wide, and to be properly constructed and to be
stable, e.g. also to withstand light wind.

(d) A-boards not to be erected on the road edge, but behind the pedestrian area.

(e) A-boards shall not obstruct pedestrian movement. The pedestrian area to be kept free of A-
boards and shall be the widest possible and in no case less than 2m wide unless specifically
agreed with the Town Engineer.

(f) A-boards shall not obscure traffic visibility.

(g) A-boards must be removed in weather conditions when they are likely to become unstable,
and overnight.

(h) The Council will remove any A-board or other advertising which does not comply with the
above and accept no liability in any way whatever.

6.8 AGRICULTURAL HOLDINGS

(a) Subdivision of land for agricultural holding purposes shall only be permitted outside the urban
edge.

(b) The minimum size of a property shall be 5ha, subject to the approval of the National
Department of Agriculture unless the Provincial Department of Agriculture has the necessary
powers to grant the approval.

(c) Where more than one dwelling unit is permitted, Council may prescribe that the houses be
clustered to retain the remainder for agricultural, conservation or aesthetic purposes.

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(d) For the purposes to establish agricultural holdings, the applicant shall be required to submit a
report to motivate its viability.

(e) The contents of a report to motivate the subdivision of land shall include at least the
following:

(i) Locality and site conditions

(ii) Bulk and internal services availability

(iii) Soil analysis and types of soil

(iv) Irrigation availability

(f) Minimum size of subdivisions for different farming crops or methods of farming shall be as
determined by the Department of Agriculture or soil scientist or prepared by a suitably
qualified person.

(g) These provisions are intended to promote land reform and will only be considered in such
cases, in conjunction with the relevant departments.

6.9 AGRI-VILLAGE

(a) The aim of this policy is to create “on the farm” and “off the farm” settlement options to allow
Western Cape farm workers and their dependents to fuly benefit from the various tenure,
housing and subsidy benefits and rights which are availed to them. Refer to Provincial Notice
414 as published in the Western Cape Provincial Gazette of 1 September 2000 No 5572.

(b) The boundaries of the agri-village shall be clearly defined on the zoning map.

(c) Agri-villages may be permitted, where in Council’s opinion a substantial demand for such
settlement, in a farming area that has no established feasible means of establishing and
managing a new public town/settlements within practical commuting distance from the
farming community and Council has no settlement.

(d) The owners and workforce of a company farm, or a group of neighbouring farms, must
identify sufficient demand and the capacity for the establishment of a centrally located
settlement where housing and communal facilities and services can be cost effectively
provided to a local farm worker community.

(e) An agri-village must be developed, owned and managed by a legally constituted institution
(e.g. a trust, Section 21 company or communal property association) representing a
partnership between farmer/s farm workers and state.

(f) Access to housing is restricted to bona-fide farm workers and their dependants.

(g) Security of tenure is afforded by way of a trust or a communal property association.

(h) Application for the development of agri-villages must be submitted and adjudicated in terms of
the constitutional township establishment approval procedures.

(h) For the purposes of ensuring the sustainability of an institution for the purposes of an agri-
village, the developers must provide guarantees for the long-term provision and maintenance
of services.

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(i) These are intended to promote land reform and will only be considered in such cases, in
conjunction with the relevant departments.

6.10 ANIMAL SANCTUARY, COMMERCIAL KENNELS, COMMERCIAL


STABLING, HORSE RIDING, INTENSIVE HORTICULTURE AND
NURSERIES

(a) These facilities should be located in such as way as to minimise impacts upon surrounding
property owners (e.g. noise, smells, etc).

(b) The relevant legislation relating to inter alia, the control of diseases, insects and pests, shall
apply.

(c) Access to the establishment shall be according to the requirements of the applicable Roads
Authority.

(d) Sufficient off-street parking shall be provided.

(e) These facilities shall otherwise be subject to the applicable By-laws.

6.11 AQUACULTURE

(a) aquaculture production, including mariculture and algae farms, with a product throughput of
10 000 kilograms or more per year requires environmental authorization in terms of the
National Environmental Management Act, 1998, (Act 107 of 1998) prior to commencement of
the Activity.

(b) Any aquaculture activity may not have any negative impact on the physical or socio-economic
environment and shall be in accordance with the “Generic Environmental Best Management
Practice Guideline for Aquaculture Development and Operation in the Western Cape.
(Hinrichsen, E. 2007. Generic Environmental Best Practice Guideline for Aquaculture
Development and Operation in the Western Cape: Edition1. Division of Aquaculture,
Stellenbosch University Report. Republic of South Africa, Provincial Government of the
Western Cape, Department of Environmental Affairs and Development Planning, Cape Town.)

6.12 ARCHITECTURAL DESIGN MANUAL

(a) Where an architectural design manual is required according to Chapter 5, Council may request
that these guidelines, which may include architectural drawings of typical unit types, floor
plans and elevations, are submitted simultaneous to submitting the application and that
architectural guidelines are made available during the public participation process.

(b) Should this not been done simultaneously, another public participation process must be
carried out.

(c) In addition to sub-section (a), Council may also impose requirements relating to architectural
uniformity, schedule of finishes, colour scheme of buildings, including roofing, or any other
requirements Council may deem fit.

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(d) The architectural design manual shall become part of an owners’ association constitution
where applicable.

(e) All costs incurred in order to comply with the provisions of this section, shall be for the
account of the applicant.

(f) An Architectural Design Manual shall address the following aspects:

(i) building form and envelope;

(ii) description of type of development;

(iii) Building lines;

(iv) Building size;

(v) Building heights;

(vi) Description of allowed roofs;

(vii) Appearance of buildings (e.g. materials; colour schemes; windows; doors; etc);

(viii) Fencing;

(ix) Driveways;

(x) Swimming pools;

(xi) Services and utilities (e.g. antennas; plumbing; etc);

(xii) Approval of plans;

(xiii) Building process

6.13 BED AND BREAKFAST ESTABLISHMENT

Unless elsewhere specified (e.g. in relevant By-laws), the following conditions shall apply to Bed and
Breakfast establishments on Agricultural and Single Residential zoned properties:

(a) The residential character of the home is to be maintained.

(b) No more than 2 bedrooms/5 guests, whichever is more restrictive, may at any time be
accommodated in any Bed and Breakfast establishment.

(c) A maximum of 5 bedrooms/10 guests, whichever is more restrictive, may be accommodated


where Council granted a consent use for a Bed and Breakfast establishment.

(d) Minimum of 50% of lettable rooms is to be maintained for private house use.

(e) The owner/manager shall permanently reside in the building utilised as Bed and Breakfast
establishment.

(f) No self-catering units shall be allowed unless Council granted consent for second dwelling
unit.

(g) Minimum facilities should be a bedroom, access to a bathroom and toilet, separate to that of
the hosts, a dining room area where breakfast is served.

(h) No alcoholic beverages shall be sold on the premises.


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(i) Guest bedrooms shall not be converted to, or used, as separate self-catering units.

(j) Meals may be supplied to guests of lodgers who have lodging in the property, as well as
employees and bone fide residents.

(k) No advertising signs shall be displayed other than a single un-illuminated sign or notice not
projecting over a public street in accordance with Council’s Outdoor advertising and signage
By-laws, and a sign shall not exceed 0, 2m² in area.

(l) No activities shall be carried out which constitute, or are likely to constitute, a source of public
nuisance.

(m) On–site parking to be provided to the satisfaction of the Council, but in any event not less
than a ratio of at least one (1) parking bay per guest bedroom as well as two (2) parking
bays/garages for permanent residents, and that no vehicles be permitted to park in the street
reserve or other public area.

(n) A fire extinguisher must be fitted in the kitchen and regularly tested.

(o) Must comply with relevant Tourism Board requirements and National Building Regulations.

(p) No facilities may be provided by any Bed and Breakfast establishment for non-residents of
such establishment.

(q) No delivery vehicles of any nature to service any Bed and Breakfast establishment.

(r) A maximum of five flags may be flown by any Bed and Breakfast establishment, and flagpoles
shall not exceed the height limit of 8 m above natural ground level and shall be placed within
the property boundary.

(s) Individual Bed and Breakfast establishments may only be identified by name along “secondary
routes” and at “local route” intersections – “secondary routes” inter alia includes Welbedacht
Road.

(t) No activity shall be carried out which are or are likely to be a source of disturbance or
nuisance to occupants of other dwelling units.

(u) Special rates to be paid on residential properties used for business purposes, including Bed
and Breakfast establishments.

(v) A business licence in respect of food premises must be obtained from the District Health
Department.

(w) Acceptance by the Council of the operation of a Bed and Breakfast establishment on an
agricultural zoned property does not absolve the property owner from compliance with any
restrictive conditions of title which may be applicable to the erf in question.

(x) In terms of the principles of Integrated Environmental Management it is suggested that all
current and prospective Bed and Breakfast operators inform other residents in the general
neighbourhood of the particular establishment with a view to obtain comments/suggestions
regarding any measures which can/should be implemented as part of the operation of the
business concerned in order to mitigate any possible nuisances or similar adverse effects.

(y) Should any of the abovementioned conditions not be complied with, or should any complaints
regarding alleged contraventions be received, which complaints are confirmed as valid after
investigation, the Council reserves the right to immediately terminate the operation of the Bed
and Breakfast establishment in question.
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6.14 DAY CARE FACILITY

(a) Appropriate and adequate sanitary facilities must be provided on the premises, at the ratio of
1 flush toilet for every 10 people of the same sex. Such toilets must be provided with
adequate and approved enclosing walls and must be clearly allocated and marked.

(b) The use of the premises may in no way create a public nuisance, and it must at all times be
maintained in a clean condition.

(c) Buildings must be furnished in a manner which mitigates any possible noise originating from
the activities within the buildings.

(d) Complete Site Development Plans must be submitted to Council for approval in respect of any
proposed new buildings or any proposed extensions or alterations to existing buildings.

(e) Playing areas are to be provided based on the following guidelines:

Outdoors: 2m² per child

Indoors: 2m² per child

(f) Not more than 20 children may be cared for at a day care facility.

(g) Comment from abutting neighbours is required when less than 10 children are cared for which
is regarded as a secondary use.

(h) Application to Council must be made for a Place of Instruction for more than 20 children.

(i) The dominant use of the building must remain for residential purposes for a single family.

(j) All relevant safety, health and fire regulations shall apply.

(k) Properties utilised for day care facilities must comply with the minimum physical standards as
contained in the Act on Child Care, 1983 (Act 74 of 1983) or succeeding Acts.

(l) One parking bay per staff member and one parking bay per 5 children shall be provided.

6.15 DEVELOPMENT ENTITY

An Owners’ Association shall be established in terms of Section 29 of the Land Use Planning
Ordinance for developments which share common areas.

(a) An Architectural Design Manual, to be approved by Council, shall apply to each such
development.

(b) Applications for planned development purposes must be accommodated by a Site


Development Plan indicating:

§ Internal layout
§ Communal open space provision
§ Refuse collection areas
§ Access and gate control

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§ Architectural plan indicating elevations of buildings as well as fencing and boundary


walls
§ Landscaping plan
§ Any other similar requirement that the Council may prescribe
(c) In addition to the normal land use parameters and development parameters that apply to the
zoning, Council may determine more onerous requirements according to a site development
plan.

(d) The relevant provisions in terms of Council’s relevant regulations and policies shall apply to a
planned development.

6.16 DEVELOPMENT ON CLIFF-TOP ALONG THE COASTLINE

(a) An appropriate building setback distance from the cliff-edge shall be investigated, at the
applicant’s cost, in order to protect sensitive geotechnical features and vegetation and to
avoid inappropriate and insensitive development.

(b) The area below the setback line shall be zoned as Public Open Space in a "public" township or
Private Open Space in a private township.

(c) Development shall be limited to less sensitive portions of a site, with occasional opportunities
for public access to the cliff edge (similar to Coney Glen/Bar View Crescent).

(d) Sensitive areas should, where feasible, be consolidated and linked into a private or public
open space system as appropriate to the character of the development and, where feasible,
be managed as a nature reserve.

(e) Linear development along cliff-tops, which is inefficient and expensive in terms of servicing,
shall be avoided.

(f) Structures must be designed to reduce physical and visual impact and to be appropriate to
their setting.

6.17 EXTERNAL APPEARANCE OF BUILDINGS

(a) Any person intending to erect any building, shall furnish the Council, for its consideration, if it
so requires (in addition to any plans and particulars required to be submitted under any of the
Council’s regulations), with drawings or some other sufficient indication of the external
appearance of the proposed building, including a description of the building materials to be
used for that purpose.

(b) The drawings shall upon suitable and durable material to a scale of 1:100, except that where
the building is so extensive as to render a smaller scale necessary, the drawings may be to a
scale of 1:200.

(c) The Council may require such alteration to the external appearance and building materials as
it may deem necessary especially insofar it concerns the Conservation Area.

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6.18 FARM LABOURERS’ ACCOMMODATION

(a) For the purposes of bona fide farm labourer accommodation, such accommodation units will
not be regarded as additional dwelling units.

(b) The maximum floor area of units for the purpose of bona fide farm labourer accommodation
shall be 50m² per unit.

(c) building plans for farm labourers accommodation must be accompanied by certification for the
Receiver of Revenue and Department of Agriculture, confirming the agricultural activity.

6.19 FARM STALL/FARM SHOP

(a) The building lines for a farm stall/farm shop shall be not less than 10m from any road reserve
boundary and not less than 30m from all other boundaries, unless the applicable Roads
Authority prescribes otherwise.

(b) The size of a farm shop/farm stall shall be limited to 100m² (including storage space).

(c) At least one parking bay per 25 m² shall be provided.

(d) Only one farm stall/shop per property shall be allowed.

6.20 GARDEN SHEDS AND WENDY HOUSES ON RESIDENTIAL ERVEN

(a) Only temporary buildings less than 6m² (not permissible for habitable use) may be erected
without building plan approval.

(b) For temporary buildings larger than 6m² in extent, normal building plan approval would be
required, unless Council is satisfied that control is sufficient and that no complaints have been
received from affected parties.

(c) All such buildings are to kept neat in appearance and should preferably match the colour
scheme of existing structures on the erf, and be suitable screened from roads or neighbouring
properties.

(d) Structures should preferably be placed in back gardens.

(e) Building lines are not to be contravened.

6.21 GUEST ACCOMODATION

(a) Not more than 5 guests or 2 guest rooms, whichever is the more restrictive, may at any time
be accommodated.

(b) The owner/manage shall permanently reside in the building utilised for guest accommodation
purposes.

(c) On site parking to be provided at a ratio of at least 1 parking bay per guest room plus two
parking bays for permanent residents.

(d) A minimum of 50% of the lettable rooms in the dwelling must be retained for private use.

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(e) No self catering units are allowed, unless consent was granted for a second dwlling unit.

(f) No alcoholic beverages shall be sold on the premises.

(g) No activities shall be carried out which constitute, or are likely to constitute a source of public
nuisance.

(h) No advertising signs shall be displayed other than a single un-illuminated sign or notice, not
projecting over a public street in accordance with Council’s Outdoor Advertising and Signage
by-laws.

6.22 GUEST HOUSE/GUEST LODGE

(a) Maximum number of 20 people or 10 rooms shall be permitted, whichever is the most
restrictive. Council may restrict the number where the area or neighbourhood reasonably
requires such restriction.

(b) Council’s parking policy shall apply, but in any event not less than at a ratio of at least 1
parking bay per guest bedroom, plus one covered parking bay for the owner/manager, and
that no vehicles be permitted to park in public areas.

(c) Council’s signage policy or By-laws shall apply.

(d) The use may not create a public nuisance (in Council’s opinion) or be detrimental to the
residential character or amenity of the neighbourhood.

(e) Meals and beverages shall be supplied to transient (travelling) guests only.

(f) A Site Development Plan must be submitted to Council for approval when application is made
which illustrates the layout and number of rooms and units, entertainment areas, communal
areas, parking, landscaping, signage and streetscape.

(g) Approval for consent will only be granted after Council’s assessment of the potential impact of
the proposed land use on the character of the surrounding area.

(h) In assessing an application, Council shall ensure that the impact of the development may not
detract from residential character and amenities of the street and neighbourhood.

(i) The owner/manager can live either off-site or in a separate area on-site.

(j) Guest lodges may include self-catering units as part of the main dwelling, but catering fittings
must be removed if a guest house on a Single Residential zoned erf is discontinued.

(k) Ancillary activities include dining facility (not for the general public) and conference facilities
may be provided to resident guests only.

(l) Minimum erf size of 4000m2 on a Single Residential zoned erf and written consent of the
surrounding neighbours must be obtained

(m) Building lines of at least 4,5m shall apply for new buildings.

(n) If the above cannot be complied with on a Single Residential zoned erf, a consent or rezoning
application will be required.

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6.23 HOME OCCUPATION

(a) A property may only be used for purposes of a home occupation with the prior written consent
of Council after comments from abutting property owners/tenants/residents or owners’
association have been obtained and assessed.

(b) The maximum floor area of the structure used for the purposes of a home occupation is 25%
of the total floor area of the dwelling, or 36 m² whichever is the most restrictive.

(c) A dwelling unit or portion thereof shall not be used for purposes of a shop, business premises,
an industry or a noxious trade.

(d) Such resident may not employ more than three persons in connection with such use, whether
or not such persons ordinarily reside on or are employed at such property, except with
Council’s consent.

(e) The non-residential use must, in Council’s opinion, be related to the needs of the local
community or the retail market.

(f) The non-residential use shall be subordinate to the use of the residential house as a dwelling.

(g) The residential character of any façade of the dwelling unit shall not be altered.

(h) The non-residential use may not cause any interference in radio or television reception in the
area surrounding the residential house.

(i) No goods may be publicly displayed and no external evidence of the home occupation shall be
visible from the street, except for an advertising sign in accordance with the applicable
provisions of these regulations.

(j) The use shall not involve regular parking or keeping of any vehicle used for loading of goods,
material or passengers for hire or remuneration on the property, other than the vehicle which
is required for the occupant’s personal use in connection with his/her profession or occupation
concerned.

(k) Any material or equipment which is utilised in connection with such use shall be stored to the
satisfaction of Council and out of sight from any street or adjacent property. Three additional
parking bays must be provided on site.

(l) No activities shall be carried out which constitute or likely to constitute a source of public
nuisance, including the use of noisome equipment 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.

(m) Hours of operation are restricted to between 07h30 – 17h00 on weekdays and between 08h00
and 13h00 on Saturdays only. Requirements of environmental health, safety and fire services
must be complied with.

(n) No advertising sign shall be displayed other than an un-illuminated sign or notice not
projecting over a street and not exceeding 2000 cm² in area and indicating only the name,
telephone number and profession or occupation of the occupant.

(o) Where the applicant entered into a lease agreement with Council for the lease of a municipal
house, the lease agreement must be amended to accommodate the operating of home
occupation.

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(p) Where the Title Deed or Deed of Transfer of the property prohibits the use thereof for
business purposes, the restrictive title condition must be removed in terms of the Removal of
Restrictions Act, 1967 (Act 84 of 1967).

(q) The conditions of the National Building Act must be complied with.

(r) No more than one commercial vehicle, not exceeding 3 000 kg. gross weight, may be utilized
for the home occupation, provided that a vehicle used by an occupant exclusively for personal
purposes shall not be regarded as a commercial vehicle.

(s) If anybody is of the opinion that any conditions are contravened, such person may lodge a
written complaint with Council requesting action. Council may serve a notice in writing on the
person conducting such an enterprise to -

(i) comply with the instruction set out in such notice;

(ii) terminate using the premises in question for such enterprise by a date specified in such
notice,

subject to following a fair and reasonable administrative procedure.

(t) Council may terminate its consent if, in its opinion, the particular use causes harm or is
unreasonably detrimental to the surrounding property owners.

6.24 HOME OWNERS’ ASSOCIATION

(a) When required, the developer or owner shall arrange for the establishment of an owners’
association which complies with the requirements in terms of the Land Use Planning
Ordinance.

(b) The developer or owner is responsible to comply with all the conditions Council may have
imposed in granting the approval concerned.

(c) The owners’ association established in terms of Council’s requirements must -

(i) promote and enforce standards, not the least of which should be the congenial
atmosphere in the development area, in such a way that members may derive the
maximum collective benefit therefrom;

(ii) ensure and enforce acceptable aesthetic, environmental and architectural styles and
design criteria for the development area in conformity also with the original designs
prepared for the scheme, in order to achieve the harmonious development thereof
along the lines initially planned;

(iii) maintain, service and repair access roads, storm water pipes and drains, water supply
piping, sewerage works and pest control in storm water systems and electricity until
Council has taken over these services as per a services agreement and the association
shall have all such powers to do such acts as are necessary to accomplish these
objectives, as set out in its Constitution approved by Council.

6.25 HOUSE SHOP

(a) The non-residential use shall be subordinate to the use of the residential house as a dwelling.

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(b) The non-residential use must, in Council’s opinion, be related to the needs of the local
community or the retail market.

(c) The maximum floor area of the structure used for the purposes of a house shop, may not
exceed 30% of the total floor area thereof, but in any event not exceeding 40m².

(d) Such resident may not employ more than two persons in connection with such use, whether
or not such persons ordinarily reside on or are employed at such property, except with
Council’s consent.

(e) The residential character of any façade of the dwelling unit shall not be altered.

(f) No goods may be displayed in public, whether in a window or any other place on the property.

(g) The use shall not involve regular parking or keeping of any vehicle used for loading of goods,
material or passengers for hire or remuneration on the property, other than the vehicle which
is required for the occupant’s personal use in connection with his/her profession or occupation
concerned.

(h) Any material or equipment which is utilised in connection with such use shall be stored to the
satisfaction of Council and out of sight from any street or adjacent property.

(i) Two additional on-site parking bays must be provided.

(j) Hours of operation are restricted to between 07h30 – 17h00 on weekdays and between 08h00
and 13h00 on Saturdays only.

(k) Requirements of environmental health, safety and fire services must be complied with.

(l) Council’s signage policy must be complied with.

(m) The sale of toxic material or other noxious substances is not permitted.

(n) Where the applicant entered into a lease agreement with Council for the lease of a municipal
house, the lease agreement must be amended to accommodate the operating of house shop.

(o) Where the Title Deed or Deed of Transfer of the property prohibits the use thereof for
business purposes, the restrictive title condition must be removed in terms of the Removal of
Restrictions Act, 1967 (Act 84 of 1967).

(p) The conditions of the National Building Act must be complied with.

(q) A maximum of 190ℓ of paraffin may be kept on site in one metal container.

(r) No games machines will be permitted.

(s) No shop/kiosk will be permitted in a block of flats, public open spaces and street reserves.

(t) No liquid petroleum gas (LPG) may be stored or sold.

(u) A 4,5kg dry powder fire extinguisher must be supplied in each house shop/kiosk.

(v) No inflammable substances may be sold.

(w) Council shall keep a record of all home occupation enterprises/house shops/kiosks which
have been approved.

(x) Existing house shops approved must operate according to the conditions subject to which they
were approved prior to the implementation date of this Scheme.

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(y) Council may terminate its consent if, in its opinion, the particular use causes harm or is
unreasonably detrimental to the surrounding property owners.

6.26 LOW INCOME AND ‘GAP’ HOUSING

(a) The Scheme recognises that the growth of Knysna gives rise to businesses requiring
employees in the low income and lower-middle income brackets for which the housing market
does not cater.

(b) With due regard to paragraph (a) Council may, when approving developments, impose
conditions in order to promote the Western Cape Provincial Spatial Development Framework
(PSDF) (Nov 2005) policy guidelines related to the provision of social and subsidy housing as a
component of middle and high income residential developments (PSDF: UR6 and UR7).

(c) The Council must adopt a specific policy in order to give effect to paragraph (b).

6.27 INDUSTRIAL PREMISES

(a) The industrial zones are designed to accommodate manufacturing and related industrial
processes. These cover a wide range, from light industrial uses which have limited impact on
surrounding areas, to hazardous or noxious uses which have a potentially high impact and
need to be carefully managed.

(b) In a modern economy it is inevitable that certain activities will cause nuisance and present
potential risks to other land uses, persons or surrounding areas. Such activities should be
confined to suitable areas where the risks can be identified and mitigated as far as possible.

(c) Industrial development often has particular requirements in terms of road and waste
infrastructure and it is important to reserve industrial zoned land for industrial purposes in
order to ensure the optimal utilisation of this infrastructure.

(d) Industrial premises must be kept in an aesthetically pleasing state. The industrial zoning does
not detract from the environmental and visual sensitivity of the area in which it is located.

6.28 MEDICAL CONSULTING ROOMS

(a) Approval for only one medical practitioner per single residential site may be given.

(b) Vehicles of visitors and clientele shall not cause inconvenience to the surrounding property
owners and Council may specify the provision of on-site parking if deemed necessary.

(c) No advertising signs other than a name plate of at most 20cm x 30 cm may be displayed on
the site.

(d) The practitioner shall employ at most one (1) technical or administrative assistant on the site.

(e) Council may terminate its consent if in its opinion the particular use causes harm or is
unreasonably detrimental to the surrounding property owners.

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6.29 MOBILE HOMES

Mobile homes may be erected -

(a) on business sites -

(i) only as temporary offices for businesses approved by Council;

(ii) only on an annual renewable basis;

(iii) if the temporary structure is to Council’s satisfaction;

(iv) if the mobile home complies with all the relevant Acts, by-laws and regulations;

(v) if the mobile home is properly maintained to the satisfaction of Council;

(b) on single residential sites -

(i) only as a second dwelling (granny flat) on a permanent basis;

(ii) if the mobile home is fixed to a normal brick foundation wall (FL min 300 mm above
GL);

(iii) if the mobile home complies with all relevant Acts, by-laws and regulations.

6.30 NON-RESIDENTIAL USES IN LESS FORMAL TOWNSHIP AREAS

(a) In terms of the regulations accompanying designation of Less Formal Township Establishment
Areas (Act 113 of 1991), non-residential uses are subject to National Building Act and zoning
scheme requirements.

(b) The Scheme recognises that community facility erven in these areas tend to be smaller than in
formal township areas.

(c) With due regard to paragraph (a), Council may relax building lines on such erven without
advertising.

6.31 OUTBUILDINGS

(a) No outbuildings may be utilized for any purpose other than that for which the plans have been
approved by Council.

(b) No outbuilding may be erected prior to completion of the main building on a property.

6.32 PLACE OF ENTERTAINMENT

(a) Where Council deems it necessary, the property at which a place of entertainment is
conducted, must be screened and landscaped in a manner required by Council.

(b) The place of entertainment shall not, in Council’s opinion, cause a public nuisance or be
detrimental to the character or amenity of the neighbourhood.

(c) Buildings must be furnished in a manner which mitigates any possible noise originating from
the activities within the building.
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(d) Council may restrict the number of patrons and operating hours.

(e) Complete site development plans must be submitted to Council for approval in respect of any
new buildings or any proposed extensions or alterations to existing buildings.

(f) The parking provisions as per Table C set out in section 7.16.6 shall apply.

6.33 PROFESSIONAL PRACTICE

(a) A property may only be used as a professional practice with the prior written consent of
Council after comments from abutting property owners/tenants/ residents or owners’
association have been obtained and assessed.

(b) The maximum floor area of the structure used for the purposes of a professional practice may
not exceed 30% of the total floor area of the dwelling, or 40 m² whichever is the most
restrictive.

(c) Such resident may not employ more than three persons in connection with such use, whether
or not such persons ordinarily reside on or are employed at such property, except with
Council’s consent.

(d) The non-residential use must, in Council’s opinion, be related to the rendering of professional
services only.

(e) The non-residential use shall be subordinate to the use of the residential house as a dwelling.

(f) The residential character of any façade of the dwelling unit shall not be altered.

(g) The non-residential use may not cause any interference in radio or television reception in the
area surrounding the residential house.

(h) The use shall not involve regular parking or keeping of any vehicle used for loading of goods,
material or passengers for hire or remuneration on the property, other than the vehicle which
is required for the occupant’s personal use in connection with his/her profession concerned.

(i) Three additional parking bays must be provided on site.

(j) No activities shall be carried out which constitute or likely to constitute a source of public
nuisance, including the use of noisome equipment 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.

(k) No advertising sign shall be displayed other than an un-illuminated sign or notice not
projecting over a street and not exceeding 2000 cm² in area and indicating only the name,
telephone number and profession of the occupant.

(l) Where the applicant entered into a lease agreement with Council for the lease of a municipal
house, the lease agreement must be amended to accommodate the operating of home
occupation.

(m) Where the Title Deed or Deed of Transfer of the property prohibits the use thereof for
business purposes, the restrictive title condition must be removed in terms of the Removal of
Restrictions Act, 1967 (Act 84 of 1967).

(n) The conditions of the National Building Act must be complied with.

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(o) If anybody is of the opinion that any conditions are contravened, such person may lodge a
written complaint with Council requesting action. Council may serve a notice in writing on the
person conducting such an enterprise to -

(i) comply with the instruction set out in such notice;

(ii) terminate using the premises in question for such enterprise by a date specified in such
notice,

subject to following a fair and reasonable administrative procedure.

(p) Council may terminate its consent if, in its opinion, the particular use causes harm or is
unreasonably detrimental to the surrounding property owners.

6.34 SCRAP YARD

(a) A scrap yard may only be utilized for the purpose of demolition, dismantling, stacking, storage
or preparation for resale of any used material, waste metal, vehicles, and suchlike goods.

(b) All scrap yards shall be enclosed to the satisfaction of Council in a manner that the storage
material is screened off and not visible from any public road.

(c) Where, in the opinion of Council, scrap accumulated on a property in such a way that it may
threaten public health or safety or is unsightly or objectionable, Council may by notice in
writing served on the owner or occupant require that such material be removed.

6.35 SECOND DWELLING UNIT

(a) The floor area of a second dwelling unit on an erf shall not exceed 33,3% (⅓) of the total
floor area of the primary unit, but in any event at most 120 m² (including a garage of 30 m²),
except in the case of Agricultural zonings, where a maximum of 300m2 is permitted.

(b) If the primary unit is smaller than 108 m², the minimum floor space of the second dwelling
unit is 36 m² (excluding a garage).

(c) If a garage or carport is not built simultaneously with the second dwelling unit, the gross floor
space may not exceed 90 m² (120 m² - 30 m²).

(d) One parking bay must be provided on the property in respect of the second dwelling unit.

(e) Where required, the second dwelling unit shall be planned as a harmonious architectural
entity with the main dwelling and may, in Council’s opinion, not detract from the amenity of
the neighbourhood.

(f) The second dwelling unit must have vehicular access from the street, if required by Council.

(g) If subdivided, the minimum area of the property shall comply with Council’s applicable
regulations or policy.

(h) The second dwelling unit or any other structures on a single residential site shall not form the
subject of subdivision by means of sectional title.

(i) The second dwelling unit may have a kitchen designed for the preparation and cooking of
food.

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(j) Staff quarters shall be regarded as a second dwelling unit.

(k) The site, on which a second dwelling unit is erected, will remain subject to the coverage of
40%.

(l) Only one second dwelling unit per erf is permitted.

(m) The building lines of the specific zoning of the site shall apply.

6.36 SUSTAINABLE SERVICES PROVISION

Council, in an effort to promote sustainable utilisation of services, may impose conditions, not
limited to, the following conditions on all new dwelling units:

(a) 5kl (urban)/30kl (rural) rain-water tanks shall be installed for each dwelling unit with a
practical method of utilizing the rain water for at least garden and swimming pool use. The
rain-water tanks are to be architecturally treated to be aesthetically pleasing.

(b) Dual flush toilet cisterns and low-volume taps and shower heads shall be installed in the
proposed buildings on the erf.

(c) CFL light bulbs shall be installed in all light fittings, where feasible.

(d) Installation of solar water heating devices in tandem with electric geysers shall, where
feasible, be installed, and shall be architecturally treated to be aesthetically pleasing.

(e) Load switching relays for geyser control shall be installed.

(f) Recyclable waste material shall be separated.

6.37 TAVERN

(a) The normal procedure for a temporary land use departure, not exceeding a period of 5 years
will be followed after which Council can review the use of the property.

(b) The property will not be rezoned as such.

(c) If the property is sold, the new owner must again apply to Council and the whole procedure
again be followed.

(d) No one may use land and existing structures for the purposes of a tavern or may sell liquor or
permit liquor to be sold on such land if he or she is not the holder of a valid liquor license.

(e) Taverns are allowed to sell alcohol on the premises, for the purposes of retail trade and on-
site consumption.

(f) Taverns shall also comply with the following:

(i) All relevant safety, fire and health regulations.

(ii) Complete building plans and Site Development Plans must be submitted to Council for
approval in respect of any proposed new buildings or any proposed extensions
alternations to existing buildings.

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(iii) Parking must conform to the requirements of this Scheme.

(iv) All buildings and drainage work must be completed in accordance with the stipulations
of Council’s by-laws and regulations and the National Building Act.

(v) Provision for water and sewerage must be made to the satisfaction of Council.

(vi) Sufficient ablution facilities must be provided to the satisfaction of the Town Engineer.

(vii) Sufficient lighting must be provided on the grounds surrounding the premises to the
satisfaction of the Town Engineer.

(viii) No one may cause, and the owner of the property concerned may not permit anyone to
cause any noise which creates a public nuisance.

(ix) Buildings must be furnished in a manner which mitigates any possible noise originating
from the activities within the buildings.

(x) The approval for the use of a building for the purposes of a tavern or similar operation
will only be regarded as having been granted once all the stipulations and relevant legal
requirements have been complied with.

(xi) Trading hours will be restricted to comply with the Liquor Act.

(g) The location of a tavern shall comply with the relevant regulations and policies of Council or
relevant Overlay Area.

(h) If objections are received from a Place of Worship, Place of Instruction or old age home
situated within a radius of 500 m from the proposed tavern, such application be referred to
the Council’s Tavern Committee for consideration.

(i) If an objection is received from a resident who resides within a radius of 100 m from the
proposed tavern, such objection be referred to the Council’s Tavern Committee for
consideration.

(j) Council may impose conditions to mitigate against the potential nuisance impact, such as
sound proofing, hours of operation, boundary/screening walls, signage or any other conditions
as Council may deem necessary.

(k) The comments of the abutting neighbours must be obtained prior to Council’s consideration of
an application.

(l) Council may terminate its consent if, in its opinion, the particular use causes harm or is
unreasonably detrimental to the surrounding property owners.

6.38 TRANSMISSION TOWER

(a) Advertising of all applications for transmission towers shall be the responsibility of the
applicant and the costs are to be carried by the applicant.

(b) The location of transmission towers, design, safety and health aspects, shall be consistent
with Council’s applicable sectoral plan or policy and national or provincial legislation.

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CHAPTER 7: DEVELOPMENT PARAMETERS

PURPOSE:

The purpose of this chapter is to explain the development parameters which apply to zoning.

7.1 AIR RIGHTS AND UNDERGROUND RIGHTS

Objective :

To provide general provisions for air and underground rights.

The Council may grant permission for air rights above or use rights below land zoned for transport,
street or parking purposes, provided that -

(a) the Council is satisfied that structural components, clearance and operational characteristics
are sufficient to ensure safe and efficient operation of the street purpose; and

(b) an agreement defining the extent of rights, ownership and maintenance obligations relating to
such building or premises, is concluded between the parties concerned and is approved by the
Council.

7.2 BOUNDARY WALL HEIGHTS

Objective :

To provide general provisions for the erection of boundary walls.

In addition to, or in absence of, boundary wall and fencing By-Laws, the following shall apply:

7.2.1 Side and rear boundaries

(a) For the purposes of these guidelines the first 4,5m of a side- or rear boundary, as the case
may be, measured from the street boundary, is regarded as a street boundary.

(b) Maximum height of a wall is 1,8m.

(c) The maximum height restriction can be relaxed with the written consent of the abutting
owner.

(d) If consent of a neighbour is obtained, the Municipal Manager can grant the approval with
delegated authority.

(e) If a neighbour does not give consent, and the applicant wishes to pursue the matter, the
abutting owner is required to object in writing. The applicant can comment on this objection,
whereafter the matter is referred to Council for a decision.
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7.2.2 Street boundaries

(a) The height of a boundary wall or fence shall, where it is on the street boundary, not exceed
1,2 m except in the case of a corral or paddock type in which case it shall not exceed 1,0 m;
provided that for purposes of ensuring privacy or screening off backyards, swimming pools or
other amenities, the Council may permit a height of 1,8 m for a distance of 10 m except on
corner erven where a 10m distance on the splay and on either side of the is acceptable.

(b) Palisading, designed to Council’s satisfaction, may be erected along a street boundary to a
height of 1,8m, with a footing wall not exceeding 1,2m high.

(c) In all new townships, clear guidelines must be established at development approval stage.

(d) In all developments where design manuals are required, the manual must include a section on
boundary walls and fences.

(e) Recognition shall be given to different standards which may apply in different areas, and
guidelines for individual townships or streets may be established in consultation with the
affected owners.

(f) Relaxation of the provisions of sub-sections (a) to (e) may be granted by the Municipal
Manager with delegated authority, subject to the following conditions:

(i) The abutting owners as well as the affected owners across the street must give their
written consent.

(ii) If in the opinion of the Municipal Manager the property is situated in an area or street
where 1,2m (or a certain type of) boundary walls and fences are the norm, the
Municipal Manager may “test” the attitude of all owners in the area or street concerned
(and in the case of strong opposition, refer the matter to Council).

(iii) The proposed boundary wall/fence is to be constructed of an acceptable material.

(iv) In a case where an existing wall/fence in a poor condition is to be replaced by a


wall/fence of similar height to Council’s satisfaction, the prior consent of the affected
neighbours is not required.

(v) No boundary wall/fence may exceed a height of 2,1m without prior Council’s approval
(i.e. not delegated to the Municipal Manager).

(vi) “staggered” relaxations in a particular street should not be permitted (i.e. relaxation to
1,5m, 1,8m, 2,1m etc. on abutting properties). (This should, however, not preclude
deviations from the “standard” height in the case of individual walls for architectural
reasons.)

(vii) Walls on a slope should be staggered in order to prevent excessive heights.

(viii) The width of spacing between picket/palisades must be equal to or greater than the
width of the pickets/palisades themselves.

7.2.3 Materials

(a) These provisions apply to walls/fences on street boundaries only.

(b) The following are permitted:

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(i) face brick (provided the main dwelling is also primarily face brick)

(ii) plastered and pointed brickwork (provided the main dwelling is not primarily face-brick)

(iii) decorative brick blocks

(iv) natural stone

(v) plastic coated or galvanised wire mesh

(vi) wrought-iron or cast-iron work

(vii) palisades

(viii) timber, provided the components -

(aa) shall consist of properly processed and square-sawn timber;

(bb) shall consist of round poles of even thickness in the case of ranch-type fencing.

(c) The following are not permitted:

(i) barbed wire (unless in “bona-fide” agricultural area)

(ii) corrugated iron

(iii) asbestos cement sheets/prefabricated cement strips

(iv) shade cloth

7.2.4 Building line requirements

Council could require stricter building lines in any zone, should it be necessary for the provision of
engineering services.

7.3 BUILDING LINES

Objective :

To provide general provisions for building lines, building line provisions for carports and for canopies
which may project from shops beyond the normal building line requirements.

7.3.1 Building lines for abutting zones

(a) Where a property abuts different zones, the most restrictive building line of such zones shall
apply.

(b) Cognisance must be given to the building lines as contained in the Title Deed of the particular
property.

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7.3.2 Encroachment of building lines

(a) Notwithstanding anything to the contrary herein contained, the following buildings or
structures may be erected within a building line:

(i) Entrance steps and landing.

(ii) Boundary walls and fences.

(iii) Eave, cornice, flower box, water pipe, drain pipe and minor decorative projections not
projecting more than 1m from a wall of a building.

(iv) Retaining walls.

(v) Roof overhanging to a maximum of 1m.

(b) The provisions of sub-section (a) and (b) shall be subject to Council’s prior approval of a site
development plan indicating the encroachment and such conditions as Council may impose.

7.3.3 Building line provisions for specific conditions and carports

Council may permit a zero metre building line when reasonably necessary with regard to safety of
access, steep areas, narrow sidewalks and for a carport, in which event the following provisions
shall apply:

(a) No gates may open onto the pavement.

(b) A parapet wall must be erected.

(c) The roof overhang from carports may not cause any storm water run-off directly onto the
sidewalk or the neighbouring property.

(d) The provisions of Section 7.16.8 shall apply.

(e) Written comment from the adjoining owner(s), if a lateral building line will be exceeded, and
the owner(s) of opposite land units if a street building line will be exceeded.

(f) Council reserves the right to undertake formal public participation process.

7.3.4 Building lines for projections and canopies

(a) Projections, excluding advertising signs approved by Council in accordance with the provisions
of any other law over streets and building lines in a Business of Local Business zone shall be
limited to minor architectural features and one cantilevered open canopy not less than 0,5m
from the kerb face; provided that no portion of a projection shall be less than 3m above the
pavement and there shall be no access from the building to the canopy.

(b) The portion of the property below such canopy shall not be enclosed.

(c) No goods or materials shall be stored, stacked, displayed or offered for sale below such
canopy without an encroachment agreement being entered into with Council, at its pleasure.

7.3.5 Relaxation of building lines

(a) Where the applicant for a buildingline relaxation is able to furnish Council with the written
consent of the affected owners, Council may waive the prescribed advertising procedure.
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(b) Such written consent must be on the prescribed form and on an accompaning plan
indicating the proposed relaxtion.

7.4 COVERAGE

Objective :

To determine which part of a building should be included or excluded when calculating the coverage
of a property.

7.4.1 Inclusion within coverage

Subject to Section 7.4.2, in calculating the coverage of any property, the area covered by all parts of
all buildings on the property concerned, and in particular the areas covered by the following, shall
be included:

(a) Walls of buildings.

(b) Roofs.

(c) Stairs, steps, and landings.

(d) Canopies, verandas, porches, balconies, terraces, pergolas and similar features.

(e) Should an eave or roof overhang exceed a distance of 1 m from the wall, it would be included
in the calculation of coverage.

7.4.2 Exclusion from coverage

The following areas shall be disregarded in the calculation of coverage:

(a) Eaves, cornices, chimney breasts, flower boxes, water pipes, drain-pipes and minor decorative
projections not projecting more than 500mm from a wall of a building.

(b) Normal roof overhangs of not more than 1 m.

7.5 DENSITY

Objective :

To set requirements relating to the subdivision of land.

(a) Notwithstanding the density requirements for any developments, Council may, as a condition
of approval, require that any development shall, in addition to the normal zoning parameters,
comply with the following requirements:

(i) Density requirements for a defined geographic area expressed as the number of
dwelling units per hectare for the gross area.

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(ii) Minimum or maximum property size.

(b) Council may designate special areas and impose density requirements for different areas
according to the special planning area provisions of Chapter 5.30 which will prevail over
normal requirements.

7.6 DEVELOPMENT IMPACT ASSESSMENT

Objective :

To provide the requirements for the implementation of an impact assessment.

(a) Where an application submitted is expected, in the opinion of Council, to have a significant
impact on the capacity of services (electricity, water, sewerage), traffic, the biophysical
environment, public nuisance or any risk activity that Council might identify, Council may -

(i) require that an impact assessment is carried out to its satisfaction;

(ii) in approving an application specify conditions relating to payment of services


contributions, signing of a service agreement, or payment of any other contribution
(e.g. parking, recreation area) that Council may specify relating to such impact;

(iii) require that an advisory committee be appointed in terms of this Scheme, to advise and
monitor development, such as:

(aa) An Environmental Advisory Committee.

(bb) An Aesthetic Advisory Committee.

(cc) A Ward Advisory Committee.

(b) For the erection of any major hazard installation or the conversion of any existing installation
into a major hazard installation, written application must be made to Council in terms of the
major hazard installation regulations, published in GN R692 of 30 July 2001, including the
submission of emergency plans and risk assessment.

(c) If in the opinion of Council, a proposed land use is likely to have a significant impact on the
capacity of municipal services or the biophysical environment or to create a public nuisance,
Council may require that an impact assessment be carried out to its satisfaction.

(d) If an impact assessment is required in terms of subsection (a), the applicant -

(i) must at the applicant’s cost, appoint an independent consultant who must comply with
the further provisions of subsection (e) on behalf of the applicant;

(ii) must ensure that the consultant has no financial or other interest in the proposed land
use, except with regard to the compliance with this section;

(iii) must ensure that the consultant, while complying with this section, has -

(aa) expertise in the area of the environmental concern/s being dealt with in the
specific application;

(bb) the ability to perform all the relevant tasks contemplated in this section;

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(cc) the ability to manage the public participation process contemplated in


subparagraph (v);

(dd) the ability to timelously produce thorough, readable and informative documents;

(ee) adequate recording and reporting systems to ensure the preservation of all data
gathered, and

(ff) a good working knowledge of all relevant legislation, principles, policies,


guidelines, norms and standards

(iv) must ensure that the consultant provides Council access to, and opportunity for review
of, all procedures, underlying data, reports and interviews with interested parties,
whether or not such information may be reflected in a report required in terms of this
section, and

(v) is responsible for the public participation process to ensure that all interested parties,
including organs of state that may have jurisdiction over any aspect of the activity, are
given the opportunity to participate in the relevant procedures contemplated in this
section.

(e) The Municipal Manager must -

(i) ensure that the evaluation and decisions required in terms of this section are done or
reached efficiently and within a reasonable time, and that the applicant is informed
immediately of any delay and is provided with a written explanation for any delay that
may occur;

(ii) provide the applicant with any guidelines, as well as access to any other information in
the Municipal Manager’s possession, that may assist the applicant in fulfilling its
obligations in terms of this section, and

(iii) try to keep the inputs required from the applicant to the minimum that are necessary to
make an informed decision on the application, without putting any limitation on the
rights that interested parties may have in terms of this section.

(f) The Municipal Manager may request the applicant:

(i) To submit a plan of study for scoping for the purposes of a scoping report referred to in
section (i); or

(ii) In a suitable case, to submit such scoping report without a prior plan of study and must
inform the applicant whether the applicant must advertise the study and the manner in
which this must be done.

(g) A plan of study for scoping must include:

(i) a description of all tasks to be performed during scoping;

(ii) a schedule setting out when the tasks contemplated in sub-section (b) will be
completed;

(iii) an indication of the stages at which Council will be consulted;

(iv) a description of the proposed method of identifying the environmental issues and
alternatives, and

(v) a brief description of the activity to be undertaken.


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(h) The Municipal Manager may, after receiving the plan of study, referred to in section (f)(i) and
after considering it, request the applicant to provide additional information that the Municipal
Manager requires to accept the plan of study for scoping.

(i) On being informed by the Municipal Manager that the plan of study submitted in accordance
with sub-section (f)(i) has been accepted or on receiving the request referred to in section
(f)(ii), as the case may be, the applicant must submit a scoping report to the Municipal
Manager, which must include:

(i) a brief project description;

(ii) a brief description of how the environment may be affected;

(iii) a description of environmental issues identified;

(iv) description of the alternative identified, and

(v) an appendix containing a description of the public participation process followed,


including a list of interested parties and their comments.

(j) Any interested party who wishes to participate in the public participation process
contemplated in sub-section (d)(v), must respond within the time agreed to between the
Municipal Manager and the applicant.

(k) The Municipal Manager may, after receiving the scoping report referred to in sub-section (i)
and after considering it, request the applicant to make the amendments that the Municipal
Manager requires to accept the scoping report.

(l) After a scoping report has been accepted the Municipal Manager may decide that the
information contained in the scoping report:

(i) is sufficient for the consideration of the application without further investigation; or

(ii) should be supplemented by an environmental impact assessment which focuses on the


identified alternatives and environmental issues identified in the scoping report.

(m) In the event of a decision contemplated in sub-section l(i), Council must consider the
application in accordance with sub-section (q).

(n) In the event of a decision contemplated in sub-section l(ii), the applicant must submit a plan
of study for an environmental impact assessment, which must include:

(i) a description of the environmental issues identified during scoping that may require
further investigation and assessment;

(ii) a description of the feasible alternatives identified during scoping that may be further
investigated;

(iii) an indication of additional information required to determine the potential impacts of the
proposed activity on the environment;

(iv) a description of the proposed method of identifying these impacts; and

(v) a description of the proposed method of assessing the significance of these impacts.

(o) The Municipal Manager may, after receiving the plan of study referred to in sub-section (n)
and after considering it, request the applicant to make the amendments to the plan of study
that the Municipal Manager requires to accept the plan.

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(p) After the plan of study for the environmental impact assessment has been accepted, the
applicant must submit an environmental impact report to the Municipal Manager, which must
contain:

(i) a description of each alternative, including particulars on:

(aa) the extent and significance of each identified environmental impact; and

(bb) the responsibility for mitigation of each identified impact;

(ii) a comparative assessment of all the alternatives; and

(iii) appendices containing descriptions of:

(aa) the environment concerned;

(bb) the activity to be undertaken;

(cc) the public participation process followed, including a list of interested parties
and their comments;

(dd) any media coverage given to the proposed activity; and

(ee) any other information included in the accepted plan of study.

(q) After the Municipal Manager has made a decision contemplated in sub-section (l)(i), or has
received an environmental impact report that complies with sub-section (p), as the case may
be, the Department Head must consider the application concerned and may decide to approve
or refuse same.

7.7 DUMPING, EXCAVATIONS AND BOREHOLES

Objective :

To prevent uncontrolled development of land.

No-one may, without the written approval from Council and subject to such conditions as may be
imposed -

(a) do any excavations or remove or dump or store material with the intention of preparing the
land for construction work;

(b) drill boreholes and extract water.

7.8 ENVIRONMENTAL MANAGEMENT PLAN/CONTRACT

Objective :

To determine the requirements necessary for the protection of the environment and the
management of that environment through appropriate control measures.

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(a) Council may prescribe appropriate environmental conditions required to ensure the protection
and management of a sensitive area.

(b) Council may require that these environmental conditions are formalised either by means of an
environmental contract between the applicant or developer and Council or by means of
environmental specifications according to conditions set by Council as part of tender call
documents.

(c) Where the natural landscape features of an area need to be protected, consideration shall be
given to -

(i) the protection of the natural silhouette and ridgelines;

(ii) the replacement of buildings to protect identified conservation worthy indigenous trees
and vegetation, drainage patterns, fauna and sensitive environmental ecosystems;

(iii) the pattern of development to blend with the physiographic characteristics;

(iv) the use of construction material for development to blend with the natural surrounds.

(d) Council may require an environmental management plan is compiled according to conditions
set by Council.

(e) An Environmental Management Plan (EMP) may include the following:

(i) The establishment of an environmental advisory committee consisting of the relevant


and affected parties and authorities, the duration of such a forum and its functions as
prescribed in this Scheme.

(ii) The functions of an environmental advisory committee (e.g. to oversee the identified
environmental issues and ensure the implementation of the EMP and compliance by the
developer with the EMP).

(iii) The appointment of an environmental control officer to ensure the day-to-day


supervision on environmental matters to the satisfaction of the environmental advisory
committee.

(iv) Requirements for ongoing environmental management, such as:

(aa) Rehabilitation plan for disturbed areas.

(bb) Eradication of alien vegetation and establishment of indigenous species.

(cc) Ongoing erosion control measures.

(dd) Compilation of a monitoring programme.

(ee) Compilation of a fire management programme.

(v) Environment auditing to be carried out by an independent environmental consultant.


The frequency and matters to be considered will be dealt with in consultation with the
environmental advisory committee. All costs incurred in the work related to
environmental auditing shall be for the account of the applicant/developer or an owners’
association concerned, as specified in the EMP.

(f) The contents of the EMP shall be compiled and agreed upon before construction starts.

(g) Council may require that the conditions related to the implementation of the environmental
management plan/contract is included in the title deed of each subdivided property.
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7.9 FLOOR AREA

Objective :

To determine which part of a building should be included or excluded when calculating the floor
space of a property.

7.9.1 Inclusion within floor area

(a) Subject to section 7.9.2, in calculating the FAR (the total area of every floor of every building
on the property concerned) the following is included:

(i) Any area required for external fire escapes.

(ii) Any covered or uncovered paved area outside and immediately adjoining a building at
or below the ground floor level thereof, where such paved area is part of a parking area
or loading area.

(iii) Portions covered by walls of buildings.

(iv) Floors or paved areas which, though wholly or partially unenclosed at the sides are
covered by a portion of a building, not being a portion referred to in section 7.4.2.

(v) Floors of stairs, steps and landings.

(vi) Floors of verandas, porches, balconies and similar features.

(vii) Floors of terraces or flat roofs for the exclusive use of individual tenants.

(viii) Lift shafts, stairwells, pipe ducts and similar openings shall be counted on one floor level
only.

(ix) Mezzanine floors.

(x) Any balconies, terraces, stairs, stairwells, verandas, common entrances and common
passages covered by a roof, provided that any stairwells, lift shaft or other wells, in the
case of multi-storey buildings, shall only be calculated once.

7.9.2 Exclusion from floor area

(a) The areas of the following portions of buildings shall be disregarded in the calculation of FAR:

(i) Open stoeps.

(ii) Entrance steps and landings (uncovered).

(iii) Any covered or uncovered paved area outside and immediate adjoining a building at or
below the ground floor level, where such paved area is part of a parking area or loading
area.

(iv) Any individual air-conditioning duct, the area of which does not exceed 10m² measured
internally.

(v) Any open grid maintenance platform in an air conditioning duct.


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(vi) Any projection including projection of eaves not exceeding 1m over an exterior wall.

(vii) Any area including a basement, which is reserved solely for the parking or loading of
vehicles.

(viii) Any arcade or walkway which provides access and circulation through the building
concerned from parking, street or open space area, to some other parking, street or
open space area, and which at all times is open to the public, up to a maximum of 50%
of the total floor area utilised for access and circulation purposes can be excluded from
the floor area.

(ix) 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 public pedestrian walkway,
parking area or vehicular access.

7.10 HEIGHT

Objective :

To enable Council to impose alternative height requirements.

(a) For the purpose of determining a height requirement, where the number of storeys specified
is regarded as insufficient control by Council, Council may prescribe a fixed height requirement
for the property or area.

(b) If Council is of the opinion that the height of buildings in a certain area should be restricted or
the normal height requirements in an area should be exceeded, for purposes such as
conservation or increasing property use intensity, this may be dealt with in terms of an Special
Planning Area.

(c) The height of structures which cannot be classified as a building shall be determined by
Council.

(d) The purpose of having dual height controls is to promote variety, rather than uniformity, of
building heights, producing articulation of roofs.

7.11 INFORMAL TRADING

Objective :

To provide the general guidelines in the control and management of informal trading from
demarcated areas.

In addition to, or in the absence of, Street Trading By-laws, the following shall apply:

(a) No one is allowed to conduct informal trading on Council land without beforehand obtaining a
special licence, lease agreement and written permission from Council.

(b) Informal trading may only be conducted from the specially demarcated areas identified and
demarcated by Council from time to time and in accordance with the Businesses Act 1991 (Act
71 of 1991).

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(c) Council has the authority to demand the immediate termination of trading, if, in the opinion of
Council -

(i) a person has no licence or lease agreement to trade;

(ii) a person is trading on land which is not earmarked for informal trading;

(iii) the trading causes a public nuisance, or which is detrimental to the general public’s
health;

(iv) the conditions of approval are not adhered to;

(v) informal trading shall be regarded at a temporary use right.

7.12 LODGING

Objective :

To restrict the number of lodgers living in a dwelling house.

Lodging or renting for occupational practice purposes whether for reward or otherwise, is permitted
as-of-right and shall be restricted as follows:

(a) In the case of a dwelling house occupied by a family, to not more than 5 lodgers who are not
members of such family.

(b) In the case of a dwelling house occupied by a single person, to not more than 5 lodgers who
are not related to such single person.

(c) Additional parking shall be provided at a ratio of 1 bay for 2 lodgers.

(d) Notwithstanding the use of a dwelling house for lodging as a home occupation or bed and
breakfast purposes or a combination of both, the maximum number of rooms for lodging or
guest accomodation purposes shall not exceed 3 rooms or a maximum number of 5 persons.

7.13 MAINTENANCE

Objective :

To address the responsibility of owners and occupants regarding maintenance.

(a) The owner of property is responsible for the maintenance of such property and all
improvements (including the garden) on it to reasonable standard that Council may require
from time to time.

(b) Should Council receive any complaints, Council may take such steps as may be reasonably
necessary to rectify the situation.

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7.14 OPEN SPACE

Objective :

To provide guidelines for the adequate provision of open space.

(a) In the absence of open space provision parameters for any zoning referred to in the Scheme
and subject to subparagraph (b), open space areas shall be provided on the basis of 1,8 ha
per 1000 persons according to the specified number of persons per dwelling unit as
determined by Council, or 10% of the area that is to be developed, whichever requirement
will provide the greater open space area.

(b) Where open space areas are designated according to the principles of the “woonerf” concept,
the required provision of open space areas according to sub-paragraph (a) can be reduced by
10% with Council’s approval.

(c) For the purpose of calculating open spaces, undevelopable land as a result of steep slopes,
flood prone areas, unstable geotechnical conditions, conservation areas or any such area, may
be excluded by Council.

7.15 PANHANDLES

Objective :

To promote a minimum standard for the development of panhandles.

(a) The minimum width of a panhandle, not exceeding 50m in length is 4,5m wide along its entire
length, or 6,9m if longer than 50m, and the average slope of a panhandle may not exceed 1:4
except with Council’s approval.

(b) The owner of the property on which a panhandle is situated, shall construct the driveway of
the panhandle to the satisfaction of Council, prior to or simultaneous with the erection of any
building on such property, and shall maintain the driveway to the satisfaction of Council.

(c) No structure other than for access purposes will be permitted within the narrowed access
portion of a panhandle.

(d) Servitude access ways in the place of panhandles will not be permitted.

7.16 PARKING REQUIREMENTS

Objective :

To provide provisions relating to parking bay requirements and other alternative parking
arrangements.

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7.16.1 Design requirements for off-street parking and entrances

(a) In considering any application for approval, the Council shall ensure that the standards and
requirements of this Section are complied with and where there is any deviation from those
standards and requirements, the Council shall either refuse to approve the development or
shall impose conditions on its approval requiring compliance with the standards and
requirements.

(b) No building or land shall be occupied until all required parking and loading facilities have been
provided to the satisfaction of the Council. Access to parking bays on business related erven
must be free to the general public during business hours, unless otherwise approved by
Council.

(c) Where the use of any land or building is changed, or where the development or land is
enlarged, which requires a greater number of parking spaces, additional parking spaces shall,
unless otherwise permitted by the Council, be provided to meet the new requirements.

(d) If the Scheme does not specify the number of parking spaces required in respect of any
particular use, then the number of parking spaces to be provided shall be determined by the
Council.

(e) General off-street parking and site entrance requirements, unless otherwise specified, are as
follows:

(i) The vehicular access and exit ways shall be limited to one combined entrance and exit-
way per site per public street abutting the site, unless otherwise agreed to by Council.

(ii) The minimum total width of an entrance and exit way on the street boundary shall be
6m and no combined entrance and exit-way shall exceed 12 m in width where it crosses
the street boundary.

(iii) If the corner at a street intersection is not splayed, vehicular entrance or exit ways shall
not be closer than 10m to such corner.

(iv) If the corner at a street is splayed, vehicular access or exit ways shall not be closer than
10m to such corner or 5m measured from the point where the splay reaches the road
boundary, whichever is the greater distance from the corner.

(v) Parking areas shall be designed and properly constructed and paved with storm water
drainage, kerbs and pavements, fully marked in accordance to the requirements and to
the satisfaction of the Council.

(vi) Parking bays within a parking area shall be used exclusively for the parking of vehicles
and not for trading or any other purposes such as for the sale of vehicles or the repair
of vehicles.

(vii) The parking area layout and entrance to and exit from such parking areas must be
indicated on a site development plan.

(viii) If deemed necessary from a traffic safety point of view, more restrictive requirements
may be laid down.

(f) The minimum area for a motor vehicle parking bay is 12,5m² (2.5 m x 5 m excluding turning
areas). Alternative parking area dimensions according to recognised roads authority

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standards, may be considered by Council on motivation by the applicant. The gross minimum
parking areas for trucks, buses and motorcycles shall be determined from time to time.

(g) Landscaping and tree planting may be required by Council and must be indicated on a site
development plan.

(h) Council may require that developers provide passenger drop-off areas to be demarcated on
site development plans.

7.16.2 Parking for the physically disabled

(a) In any parking area accessible to the general public, parking for the physically disabled shall
be provided for as follows and shall be indicated on site development plans:

Total parking bays Required bays for the


physically disabled

1 – 50 1

51 – 100 2

101 – 150 3

151 – 200 4

For every additional 100 bays 1 additional bay

(b) Parking bays (3.5m x 5.5m) for the physically disabled must be clearly marked for the
reservation for disabled persons and shall be located as close as possible to the entrance to
any building.

(c) A kerb access ramp shall be provided to any parking bay for disabled persons.

(d) Each parking bay reserved for physically disabled persons shall be marked on the parking
surface with the International Symbol of Accessibility.

(e) Physically disabled parking provided in terms of this section shall count toward fulfilling off-
street parking requirements.

(f) For a development requiring less than 10 parking bays, Council may, in its discretion, waive
the requirement that a parking bay for the physical disabled be provided.

7.16.3 Parking layout plan

(a) A parking layout plan must -

(i) be submitted to the Council for all parking areas as part of a site development plan and
at building plan submission stage;

(ii) indicate the way in which it is intended that vehicles shall park, the means of entrance
and exit, and landscaping proposals.

(b) The Council may approve or disapprove the parking layout plan or impose conditions of
approval.

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7.16.4 Motorcycles and bicycle space

(a) Council may require that parking be provided for motorcycles and bicycles.

(b) The minimum dimension for motorcycle space shall be 2,2 m in length and 1,0 m in width.

(c) The minimum dimension for a bicycle space be 2,0 m in length and 0,6 m in width.

(d) Bollards and racks, or other devices for storing and protecting the bicycles and motorcycles
should be installed to the satisfaction of the Council.

(e) Council may, in its discretion, reduce the number of vehicle parking bays required at a ratio of
one per 5 motorcycles or bicycles not exceeding one bay per 50 required.

7.16.5 Alternative parking arrangements

(a) The land owner concerned may, with Council’s consent, where he/she can prove that it is
impractical from a planning point of view to provide the required parking space on the
property concerned, acquire the prescribed area of land for such parking elsewhere in a
position approved by Council; provided that the owner shall at his own cost, register a notarial
deed against such land to the effect that Council and the public shall have access thereto for
the purpose of parking. The owner shall be bound to level such land and surface and maintain
it as a parking area to the satisfaction of Council.

(b) Parking on such land must be free, or should it be charged, adequate measures must be in
place to control it effectively in terms of time, staff parking, etc.

7.16.6 Off-street parking provision requirements

Unless specified elsewhere in this Scheme, the requirements for off-street parking, shall be
determined according to Table C.

TABLE C
Off-street parking requirements
Category Land use and/or zoning Parking
of Zoning
Business All land uses of the business 1 bay per 25m² of floor area. Council may require a
category, unless otherwise higher ratio as deemed fit
specified
Hotels 1 bay for every 4 bedrooms plus an additional 20 bays
plus 1 business parking
Offices 1 bay per 25m2 of floor area
Restaurant/place of entertainment 1 bay per 10m2 of floor area
Warehouse, service trade, 1 bay per 100m² of floor area up to 1500m²
workshop, light industry 1 bay per 200m² of floor area over 1500m²
Retail area up to 25% of floor area: 1 bay per 25m2 of
floor area.
Service station/filling station 3 bays per repair bay plus 2 bays per 100m² spares
and sales area.

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All other buildings and uses excluding shop and


restaurant: 1 bay per 50m2 of GLA.
Convenient shop and restaurant: 1 bay per 25 m²
Residential Single residential 1 bay per dwelling unit
Second dwelling unit 1 bay per second dwelling unit
Additional dwelling unit 1 bay per additional dwelling unit
Shelter 1 bay per property
Guest house/Guest lodge 1 bay per guest room and 2 bays for owner/manager
Guest Accomodation 1 bay per guest room plus 2 bays for owner/manager
Bed and Breakfast establishment 1 bay per guest room and 1 bay for owner/manager
Home occupation 3 additional bays of which 2 bays be demarcated for
visitors
House shop 2 additional parking bays
Day care facility 1 bay per staff member
1 bay per 5 children
Retirement village 1 bay per unit
Visitors: 0,5 additional bays per unit
Additional parking could be provided for staff and other
facilities
Group house 2 bays per erf or unit
Visitors: 1 bay per 2 units
Flats 1 bay per unit
Visitors: 1 additional bay per 2 units or every 4
bedrooms
General residential building, 1 bay per 4 habitable rooms plus 1 business parking
dormitory establishment Visitors: 0,5 additional bays per unit
Resort housing 1 bay per unit
Additional parking must be provided for staff and day
visitors for other facilities
Community Institution (Hospital) 1 bay per bed
1 bay per 15 staff
Recreation, sport 1 bay per 8 seats
Clinic/consulting rooms 1 bay per 2 staff; and
6 bays per 100m² of floor area
Place of Worship 1 bay per 6 seats
Place of Assembly 20 bays per 100 m²
Funeral parlour 1 bay per 4 seats
Place of Instruction
School 1 bay per classroom plus 1 per 10 students
Tertiary 1 bay per classroom plus 1 per 3 students for visitors
Community hall 20 bays per 100m² of floor area
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Industrial All industrial purposes 1 bay per 100m² of floor area


Agricultural Dwelling house 1 bay per dwelling unit
Additional dwelling house 1 bay per dwelling unit
Second dwelling house 1 bay per dwelling unit
Farm stall/shop 1 bay per 25 m²
Other For any other use not listed above, Council may impose, as conditions of approval, such
further requirements as it may deem fit.

7.16.7 Loading and off-loading facilities

Unless specified elsewhere in this Scheme, the requirements for off-loading facilities, shall be
determined according to Table D.

TABLE D:
Off - street loading bay requirements

Land use and/or zoning Loading and off-loading facilities

For more than five shops per business 1 bay per 0 – 2 500m² of floor area
property, loading and off-loading facilities must 2 bays per 2 501 – 5 000m² of floor area
be provided in accordance with the parameters
3 bays per 5 001m² – 10 000m² of floor area
plus 1 additional bay for every 10 000m² additional floor
area

Warehouse, service trade, workshop, light 1 bay per 0 – 499m² of floor area
industry 2 bays per 500 – 1 500m² of floor area
3 bays per 1 501m² of floor area and more
plus 1 additional bay for every 10 000m² additional floor
space

Any other land use or zoning Council may require the owner to submit for its approval,
proposals for ensuring, to Council’s satisfaction, suitable
and sufficient space on the site for any loading, off-
loading which the utilization of the building is likely to
entail normally

Loading bays shall have vehicular access not less than 5m wide and, if carried through a building,
not less than 4,1m in height, and have an area of 45m2. The bay shall have access to a street,
provided with a hard surface, be neatly paved, with stormwater drainage and be clearly marked, all
the above to be to the satisfaction of Council.

7.16.8 Carports

The minimum standard requirements for the construction of carports are as follows:

(a) The width of the carport, measured parallel to the boundary, shall not exceed 6m.

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(b) The carport shall be supported by metal, wooden, cement poles or pillars to the satisfaction of
Council.

(c) At most four poles or pillars may be provided on any one side of the carport.

(d) No walls, except boundary walls, shall be constructed to enclose the carport.

(e) The height of the carport, measured from the floor to the highest point of the roof, shall not
exceed 3m.

(f) The sides of the roof shall be neatly finished with fascia not exceeding a depth of 250 mm.

(g) The façade of the carport shall not be closer than 300 mm to the street boundary.

(h) No gates that open onto the pavement shall be permitted.

(i) Appropriate provision shall be made for the collection and run-off of rainwater from the
carport.

(j) Written confirmation from adjoining owner(s), if a side building line will be exceeded, and the
owner(s) of both adjoining land units, if a street building line will be exceeded, to the effect
that they have no objection against the proposed carport shall be obtained.

(See also the building line requirements for carports in Section 7.3).

7.17 GEOTECHNICAL CONSIDERATIONS

Objective :

To provide a minimum standard of requirements for development where sensitive geotechnical


conditions exist.

7.17.1 Steep properties

(a) Development of slopes steeper than 1:4 must be avoided wherever feasible. Where this
cannot, in Council’s discretion, be avoided, the following minimum requirements shall apply to
development of properties on slopes steeper than 1:4:

(i) That the construction is safe and certified as such by an independent registered
professional person.

(ii) That limited grading and terrace development take place to Council’s satisfaction, to
retain the natural features of the landscape.

(iii) Adequate provision, to Council’s satisfaction, for retaining walls (where required),
measures to attain stormwater drainage and measures for protection of topsoil, and
stabilisation of terraces and walls.

(iv) A satisfactory geotechnical report certified by a registered professional person relating


to the geological conditions of the site and the suitability thereof for the proposed
development.

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(v) The certifying person shall be responsible for answering the implementation of required
stabilisation measures.

(b) A detailed Site Development Plan, accompanied by a geotechnical engineer’s report, must be
submitted prior to the approval of building plans for any development where the slope of the
property is steeper than 1:4.

(c) Development of terraces and gardening:

(i) Terracing or site levelling must be carried out in such a way that it results in a reduction
in the weight on the slope. Excess material may not be dumped anywhere on the
slopes.

(ii) Removal of natural vegetation from slopes steeper than 1:4 may only be undertaken
with the prior approval of Council.

(iii) In planning a garden, every effort must be made to ensure dispersion and not
concentration of stormwater.

(d) Construction of private access streets and steps:

(i) Street development on slopes exceeding 1:4 is prohibited, unless Council approves
otherwise.

(ii) Private access streets cutting across the natural slopes steeper than 1:4 must be
entirely in cut and all banks so formed retained by walls of adequate design by a
registered professional person.

(e) Consideration must be given to all environmental aspects to the satisfaction of Council.

7.17.2 Geotechnical report

(a) For development on unstable soils or whenever deemed reasonably necessary by Council,
applicants must comply with the following:

(i) A geotechnical report certified by a professional Geotechnical Engineer, which inter alia
indicates suitability of the soil for construction purposes (including recommendations
with regard to construction methods), must be lodged with Council before any
construction work on the property commences.

(ii) A certificate of satisfactory completion by an independent Geotechnical Engineer must,


upon completion, be furnished to Council.

(iii) Proposed measures to overcome unstable soil conditions must be shown on building
plans.

7.17.3 General: Management of development impact

(a) Council may, in relation to geotechnical considerations, impose such conditions as it may
deem fit when approving applications or plans submitted in terms of this section 7.17,
including, but not limited to:

(i) Restricting the form or nature of the building or structure.

(ii) Limiting the size and/or shape of the building or structure.

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(iii) Prescribing the form of foundations for the building or structure.

(iv) Prescribing or restricting the materials of which the building or structure is to be


constructed.

(v) Determining the siting of any building or structure and of any soakpits or other drainage
works.

(vi) Prohibiting or control any excavations on the site, the construction of any roadways,
paths and other garden features.

(vii) Prohibiting or control the removal of any indigenous vegetation and mature trees.

(viii) Controlling any other aspects which Council considers to be necessary or desirable.

7.18 PUBLIC NUISANCE

Objective :

To provide provisions relating to the control of any use / noise that could be a nuisance.

(a) No one may cause a public nuisance, and the fact that a land unit is zoned for a specific
purpose or that Council has granted an approval or authorization for a specific land use or
other activity in this Scheme shall not detract from this requirement.

(b) Council may prescribe more onerous noise level requirements than those contained in the
provincial Noise Control Regulations (P.N. 627/1998) published under the Environment
Conservation Act, 1989 (Act 73 of 1989), for special planning areas in terms of this Scheme.

7.19 SCENIC DRIVES

Objective :

To manage and enhance all areas of scenic quality.

(a) Land use and development must comply to individual scenic drive management plans for the
identified routes within the area of Council’s jurisdiction.

(b) Council may designate a scenic drive as a special planning area and designate development
management parameters, which may include:

(i) The location of scenic drives and its physical parameters.

(ii) Permitted type of development.

(iii) Permitted density of development.

(iv) Permitted distribution of development.

(v) Minimum erf size.

(vi) Landscaping.

(vii) Limiting the obstruction of views through provisions restricting:


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(aa) Roof deck parking

(bb) A building or structure projecting above the scenic drive

(cc) Fencing, railings, gates or similar structures exceeding a maximum height

(dd) The height of boundary walls on the upper side of a scenic drive level

(ee) Maximum height of vegetation

7.20 STORM WATER MANAGEMENT AREAS

Objective :

To manage and control the construction of buildings and earthworks within storm water
management areas with the view to minimize the risk of loss of life or damage to property.

(a) Council may declare areas as storm water management areas to which special requirements
apply for the construction of a building or earthwork or any activity which, in Council’s opinion,
may increase flood risks.

(b) Council may require that the lowest flood level of any new buildings or structures (including
new additions to existing buildings or structures), shall be above the flood line.

(c) For the construction of a building or earthwork within a watercourse, or in close proximity of a
stormwater management area as determined by Council, the requirements of every other law
shall apply, including the following:

(i) A permit must be obtained from the Department of Water Affairs and Forestry as
required in the Water Act, 1998 (Act 36 of 1998).

(ii) A certificate must be obtained from a professional engineer meeting Council’s


requirements in terms of development within a storm water management area.

(iii) The applicant shall furnish Council with all hydrological information on demand, certified
by a professional engineer.

(d) A person may be prohibited from erecting a building or executing earthworks if, in the opinion
of Council, such building or earthwork is to be done on a site subjected to flooding or drainage
constraints or on a site which has not been properly filled or covered.

(e) The owner may be requested by Council to submit plans for such building or earthwork by a
professional engineer.

7.21 STORM WATER RUN-OFF

Objective :

To provide provisions relating to the management and control of storm water run-off.

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7.21.1 General

(a) Storm water from privately owned property should be channelled onto streets where possible.

(b) No owner may permit storm water to be dammed or concentrated in such a manner that it
creates a threat to another property, and Council reserves the right to instruct such owner to
implement such remedial steps as it, in its discretion, deems necessary to remove such threat.

(c) If Council is of the opinion that a property or any portion of a development, is not being
satisfactorily maintained as a result of damage from the storm water run-off, Council shall be
entitled to undertake such maintenance work at the cost of the registered owner after due
notice to such registered owner.

7.21.2 Agreement between land owners

(a) Where, in the opinion of Council, it is impractical for stormwater to be drained from higher
lying properties directly to a public street, the owner of the lower lying property shall be
obliged to accept and/or permit the passage over the property of such stormwater, subject to
the following:

(i) If an adequate pipeline or drain has been provided over such lower lying property by the
owner thereof, the owner of the higher lying property shall compensate the former such
proportionate share of the costs of such pipeline or drain as is reasonable in the
circumstances.

(ii) If no such pipeline or drain exists, the owner of such higher lying property shall be liable
for the reasonable costs of constructing same over the lower lying property.

(iii) Council may require a servitude to be formed over the stormwater pipeline by the
relevant owners.

(iv) The owner of the higher lying property shall only be responsible for payment of the
relevant costs to the extent that the storm water is generated on such higher lying
property.

(b) The owners of such properties should seek to reach agreement in addressing stormwater flow
over lower lying properties. If no agreement exists, Council shall notify the owners as to
what remedies to implement within a set timeframe.

7.22 STORAGE AND REFUSE

Objective :

To manage the visual impact of storage areas.

(a) All equipment, hardware and waste storage areas must be located and/or screened so as not
to be visible from any public roads.

(b) Refuse containers must be effectively screened to the satisfaction of Council.

(c) All storage uses shall be conducted within enclosed buildings to Council’s satisfaction, unless
Council decides otherwise.
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7.23 TEMPORARY STRUCTURES

Objective :

To control the visual impact and safety requirements of temporary structures.

(a) The construction and maintenance of temporary structures, should be avoided, but where
unavoidable, must be to the requirements and satisfaction of Council.

(b) The use of such temporary structures (including for residential purpose) shall be determined
and approved by Council.

(c) Should Council receive any complaints, Council may intervene and act in order to rectify the
situation.

(d) A temporary structure that is used for a period longer than 6 months, must for formally
approved.

7.24 URBAN DESIGN AREAS

Objective :

To promote a sense of place.

Council may designate, as an overlay area, specific land units or precincts as “Urban Design Areas”
and specify design criteria for buildings and structures within such area/s.

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CHAPTER 8: PROCEDURES

PURPOSE:

The purpose of this Chapter is to set out the procedural aspects of applications in terms of the
Scheme and to explain how zoning regulations and the decisions relating thereto are implemented.
This section explains the framework for decision making in terms of this zoning scheme.

8.1 INSTITUTIONAL FRAMEWORK

8.1.1 The Knysna Local Municipal Council and/or its successor/s (‘Council’)

(a) Council is responsible for the administration of this zoning scheme. Council constitutionally
has the executive authority to administer certain local government matters, including
Municipal Planning as provided for in Schedule IV of the Constitution of the Republic of
South Africa, 1996 (Act 108 of 1996).

(b) The planning functions and implementation of this zoning scheme are the responsibility of
the Municipal Manager and duly appointed municipal officials. The relevant Portfolio
Committee of Council (currently known as the Infrastructure Development and Governance
and Administration Committee) oversees the work related to planning and this zoning
scheme. Council may delegate certain of its decision-making functions to this Committee. If
the Committee does not have delegated authority, its function is to make recommendations
to the Executive Mayoral Committee and to Council.

8.1.2 Town planning

The implementation of this zoning scheme includes the following functions to be carried out by the
Town Planning and Environment Department of the Municipality:

• To receive all applications for change of land use, subdivision, etc. and Council’s special
consent or departures.

• To process applications according to the prescribed procedures.

• To ensure that Council’s policies with regard to forward planning and the management of land
use development, are implemented.

• To make recommendations and report to the relevant Portfolio Committee of Council


regarding all town planning matters.

• To approve or refuse applications in respect of which its officials have delegated authority.

• To convey decisions taken in respect of applications to applicants and other interested parties.

• To process appeals lodged in respect of the abovementioned decisions, including providing


comments on behalf of Council to the Provincial Government.

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8.2 PLANNING AND DEVELOPMENT APPROACH

8.2.1 Vision

(a) Knysna is an internationally reputed tourist destination. The unique and pristine natural
environment surrounding Knysna has contributed to achievement of this status. It is
therefore imperative to manage the future development of Knysna in such a way that the
unique natural assets and attractive character of the Knysna municipal area is retained and
protected.

(b) The vision for the integrated zoning scheme regulations is to manage and control land use
development in such a way as to promote development in a sustainable manner and to
protect the natural environment and unique character of Knysna.

Therefore, in pursuance of its vision, the zoning scheme for the Knysna municipal area
determines use rights with a view to protecting the character of the natural and built
environment, to determine use rights in a manner which will facilitate and encourage
development and economic growth on a sustainable basis, and to determine land use rights
through the recognition of the needs of its community.

8.2.2 Approach

Implementation of the vision requires the following :

• a normative planning approach

• a land use management approach

Normative planning requires that use rights should be informed by the values and beliefs of society.
To achieve a normative approach, the zoning scheme should, inter alia, make provision for efficient
and effective public participation.

To facilitate development, a management approach requires that flexibility should be exercised in


determining use rights. To achieve a management approach, a less control orientated approach is
to be followed, thereby ensuring, inter alia, an increase of the range of zoning categories in order to
cater for newly emerging uses and also the exclusion of unnecessary land use categories and
zonings, reducing the need for departures, increase delegations to officials, incorporate guidelines
and policies to guide decision making.

8.2.3 Applying the approach

Notwithstanding the general zoning provisions, Council reserves the right to determine more or less
restrictive provisions on the basis of Council’s forward planning documents if this is regarded in the
interest of the character of the area, the environment or other such considerations as determined in
this zoning scheme.

The special techniques for the purposes of implementation of this approach include the following :

(a) Substitution scheme

Notwithstanding the zoning provisions that apply to a property or an area, Council may
approve a substitution scheme. The provisions of a substitution scheme shall replace the

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existing provisions in part or in full and shall lapse after 5 years if not exercised within a
period of 5 years after its origination.

(b) Special Zones

Special Zones refer to a category of uses and regulations for which provisions have not been
made in this zoning scheme. Special Zones are zonings that exist as a result of special factors
that justify special uses for a property without justifying the creation of a new zone. Special
Zones are numbered in order to differentiate between them.

(c) Overlay Areas

Notwithstanding the zoning provisions that apply to property or an area, an additional “layer”
containing more or less onerous provisions can be applied over and above the existing
provisions. These provisions can relate to any category of land use and development
parameters (i.e. height, not permitting a nursery as a consent use, etc.) approved by Council.

(d) Site Development Plans (SDP) and Regulation Plans

Where certain zonings prescribe the maximum parameters for the use of property, but Council
wish to permit development only in part, (or in excess in the case of a Departure being
granted) of the maximum allowable parameters, this can be achieved by submitting a SDP
and obtaining Council’s approval thereof. Such a plan must be submitted together with an
application, upon which the parameters of the intended development can then be determined
together with conditions of approval. These plans can, however, not replace the zoning map,
nor can they be used to determine zonings, but can be used to ensure that development takes
place only in accordance with such development plans as approved by Council.

Where a number of erven in a development are governed by a site development plan concept,
this may take the form of a ‘Regulation Plan’ indicating building areas for various components
of a building (e.g. main building, verandahs, garages and parking, etc.).

(e) Package of plans

Where greater flexibility is required in determining the rights of property (ideally in respect of
large scale developments), the package of plans approach can be followed. A range (mix) of
land uses could be planned while the upper and lower parameters for the development are
determined according to a local framework plan and restricted to a “basket of rights”
containing parameters such as floor area, Traffic Impact Assessments (TIA) and
Environmental Impact Assessments (EIA). Planning is carried out at different levels of detail
within the constraints of the maximum development extent approved by Council, according to
a local framework plan.

(f) Policies and guidelines

Policies adopted by Council essentially contain statements of publicly approved declarations of


intent, but are not regarded as regulatory, although regarded as statutory when approved
according to legislation (e.g. planning policy according to a spatial development framework).
These can only be used to guide implementation of zoning scheme regulations, in decision
making and for providing motivation for accepting departures e.g. in respect of parking
provision relaxations in low private vehicle ownership areas).

Guidelines are also not regarded as regulatory, but are different to policies in that guidelines
provide technical explanations of matters related to zoning schemes and land use planning.

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(g) Integrated Development Planning

Within the context of local government, integrated development planning is a form of planning
that involves linkages and co-ordination between all the sectors of activity that impact on the
operation of the local authority. It may be described as a participatory approach to integrate
economic, sectoral, spatial, social, institutional, environmental and fiscal strategies in order to
support the optimal allocation of scarce resources between sectors and geographical areas
and across the population, in a manner that provides sustainable growth, equity and the
empowerment of the poor and the marginalised. As such, it is more of a budgetary tool than
a strictly land use or spatial planning tool.

An Integrated Development Plan (IDP) is a principal tool for municipalities to realise their
developmental mandate and each municipal council is required to adopt an Integrated
Development Plan for the development of the municipality in terms of Chapter 5 of the Local
Government : Municipal Systems Act, 2000 (Act 32 of 2000). See 8.3 below for more
information on the requirements of an IDP.

Every Integrated Development Plan (IDP) must include a spatial development framework
(SDF). The spatial development framework (SDF) must include the provision of basic
guidelines for a land use management system for the municipality. This may include aspects
dealing with the intensity of development, areas where development is appropriate and
should be encouraged, areas where conservation should be pursued, and strategies that
support the development and conservation objectives of the municipality.

The SDF operates as an indicative plan guiding Council’s management decisions, while the
detailed daily administration of land development and land use change is managed through
the zoning scheme, which records the land use and development permissions applicable to a
land unit. The zoning scheme and its implementation therefore have to be consistent with
and give effect to the spatial development framework.

The SDF may indicate areas of particular environmental sensitivity or significance, or areas
where development should be managed and guided to achieve a desired built form, or to
minimise the environmental impact. Through the establishment of special planning areas
Council may impose additional development management provisions to control both the type
and form of development in a particular area. In this manner the zoning scheme can make
provision for heritage overlay areas, environmental protection overlay areas, scenic route
overlay areas, activity spine overlay areas, urban edge overlay areas, environmental overlay
areas and other overlay areas.

The zoning scheme therefore provides Council with a planning tool that facilitates the
implementation of its IDP objectives as reflected in the spatial development framework.

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Development planning methods

Development Status Purpose How are development rights


planning determined?
method

Substitution Regulatory Replace existing zoning Apply the proposals of a local


Scheme directives structure plan

Special Zone Regulatory Special factors justify special uses New development rights exist for a
directives without having to create a new specific area
zone

Overlay Area Regulatory Special directives that apply over- Land use and development
directives and-above existing zoning parameters apply per area for a
specific purpose

Site Regulatory Supplementary to zoning and are Development extent (i.e. density,
Development directives determined per application building lines, etc.) are determined
Plan (SDP) & according to the Site Development
Regulation Plan Plan or Regulation Plan

Package of plans Regulatory Determine planning proposals Determination of the maximum


(Framework directives according to a hierarchy of plans development extent (i.e. FAR, TIA,
plan) EIA) according to a framework plan

Policies Statutory Provide parameters for decision- Development extent limited to the
directives making measure of discretion permitted
according to the zoning

Guidelines Non-regulatory Provides a better understanding Analyse the relevant information


and informs decision-making provided and apply to the
application

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8.3 INTEGRATED DEVELOPMENT PLAN

The implementation of this zoning scheme by Council and its officials takes place within the context
of a broader framework of planning. The benefit of this procedure is that it ensures that decisions
are not made on an ad-hoc basis and for land use development to be guided by a hierarchy of plans
and related documents.

In terms of section 35 of the Municipal Systems Act an integrated development plan adopted by the
council of a municipality –

• is the principle strategic planning instrument which guides and informs all planning and
development, and all decisions with regard to planning, management and development, in
the municipality;

• binds the municipality in the exercise of its executive authority, except to the extent of any
inconsistency between a municipality's integrated development plan and national or
provincial legislation, in which case such legislation prevails; and

• binds all other persons to the extent that those parts of the integrated development plan
that impose duties or affect the rights of those persons have been passed as a by-law.

In terms of section 36 of the Municipal Systems Act a municipality must give effect to its integrated
development plan and conduct its affairs in a manner which is consistent with its integrated
development plan.

8.4 APPLICATIONS

8.4.1 Format

(a) All applications made in terms of this Scheme, shall be in the format that Council may
prescribe from time to time.

(b) An application that does not meet the requirements referred to in paragraph (a) shall be
regarded as incomplete and shall not be considered until the defect has been rectified.

8.4.2 Fees

(a) All applications in terms of this Scheme shall be accompanied by the fees determined by
Council from time to time and with due regard to the provisions of the Municipal Systems Act,
2000 (Act 32 of 2000).

(b) The cost for applications shall be payable to Council upon submission of applications, failing
which the application shall be regarded as incomplete and shall not be considered until the
fees have been paid.

(c) Cost of advertising by Council in the press and Provincial Gazette shall be recovered from the
applicant through the municipal accounts system and the authorised administration fee will be
charged.

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8.4.3 Pre-application consultation and submission

(a) All applications made in terms of this Scheme shall be made in writing and addressed to the
Municipal Manager.

(b) Where all the requirements for an application have been met, the Municipal Manager must
ensure that the application is dealt with in a manner to shortening the procedure. This may
include, but is not limited to, simultaneous advertisement and internal review.

(c) Applicants are required to hold pre-application discussions with the Head of the Department,
to determine:

(i) The legal requirements for application in terms of this Scheme or any other such
requirement.

(ii) The application procedure relating to the submission, payment of fees, advertisement,
public participation, or any other procedural requirement.

(iii) The perceived nature and extent of the impact as a result of the application, to ensure
that all stakeholders are timeously identified.

(iv) The need to undertake preliminary scoping of issues or discussions with potential
stakeholders.

(v) The need to follow a package-of-plans approach as provided for in this Scheme.

8.4.4 Service of documents

(a) Upon receipt of an application, the Head of the Department must circulate the application to
all other relevant municipal departments.

(b) All such departments shall furnish their written comment to the Head of the Department
within 21 days of receipt of the documentation, unless the Municipal Manager expressly
authorises an extended period for comment.

(c) The applicant will be responsible to serve the documents on national and provincial
government departments as required.

8.4.5 Public participation and mediation

(a) All public participation must take place in accordance with Council’s advertising procedures as
set out in Section 8.8.

(b) A list of identified affected stakeholders and committees must be drawn up by the applicant,
but Council may require such additions as it may deem necessary.

(c) The Municipal Manager must determine which community will be involved by using specific
criteria, i.e. in situ, area or neighbourhood, local or regional.

(d) The Municipal Manager must determine the advertising methods that are to be followed, i.e.
notification, advertisements, public meetings, consultation, etc.

(e) The application form must be completed in detail to ensure that the intended use is clear to
the general public.

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(f) Council may decide, on the basis of the response to an application, that a further public
participation process be followed and must notify the applicant of its requirements in this
regard without delay. The further process may include general public meetings or meetings
with objectors or interested groups, as determined by Council.

(g) Council shall, where a difference or disagreement arises concerning the effect of the proposed
utilisation of land on existing rights, consider whether mediation would be appropriate.

(h) Council shall prescribe the procedures for the appointment of a mediator and the mediation
process.

8.4.6 Public inquiry

(a) Before a decision is taken, the desirability of referring a dispute between parties for mediation
should be considered.

(b) If mediation is undesirable, or if mediation has failed, a public inquiry may be conducted
before a decision is taken.

(c) Council may decide on the basis of the information available, to carry out the necessary
further investigation in order to enable Council to decide the matter.

(d) Before an application which may have a material impact on the community or any substantial
section thereof is finally decided, the desirability of conducting a public inquiry into the matter
should be considered.

(e) If a public inquiry is to be conducted before a decision is taken, it should be open to the
public, and any person entitled to appear at the inquiry may be represented by any other
person.

8.5 BASIS FOR CONSIDERATION AND EVALUATION

(a) Decision makers have a duty to ensure that any approval granted is consistent with all
provincial, regional or municipal integrated development plans and sectoral plans that are
applicable to the area concerned.

(b) Council must, when considering whether to grant or refuse an application, take into
consideration the principles referred to in the relevant national and provincial legislation and
also Council’s own principles referred to in Chapter 2 of this Scheme.

(c) Council shall consider all objections to the application received timeously as well as all
comments received from relevant organs of state.

(d) Council may grant or refuse an application in terms of this Scheme, and is empowered to
impose such conditions as it may deem fit, when granting approval.

(e) Planning and development decisions by Council shall be governed by the following general
considerations:

(i) Each proposed development must be judged on its merits and no specific land use
should be regarded in advance or in general as being less important or desirable than
any other land use, unless a spatial plan indicates that a specific type of land use should
be protected or promoted.

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(ii) Decisions must, with due regard to the nature of the application and the matters
involved, be based on the advice of suitably qualified and experienced municipal officials
and experts in the field of agriculture, planning, engineering, geology, mining,
management of the environment, law, surveying or any other field determined by
Council.

(iii) The requirements of the general purpose (co-ordinated and harmonious development)
of this Scheme.

(iv) The potentially conflicting interests of applicants, neighbouring owners/occupants, the


community at large and Council itself.

(v) Whether the use applied for can be described as legitimately part or incidental to the
use permitted in terms of this Scheme.

(vi) A deciding factor in evaluating applications is the likely effect of the proposed use on
the conservation of or character of the natural and developed environment.

(vii) Whether the proposals are desirable and taking into consideration the effect of the
application on existing rights, the general welfare and safety of the community, but not
any alleged right to protection against trading competition.

(viii) Promotion of sustainability, local economic development and poverty alleviation.

8.6 RESOLUTIONS

8.6.1 Decisions

(a) Reasons in writing for every decision must be provided.

(b) The Department Head must keep a record of reasons given for decisions. Such record must be
made available for inspection by members of the public having a legitimate interest in the
matter, and any person or body may publish the reasons.

(c) A decision taken in terms of the Land Use Planning Ordinance or succeeding legislation, is
subject to review by any competent division of the High Court, after the prescribe
administrative processes have been exhausted.

8.6.2 Rescission of decision

(a) Council may, upon application by the Municipal Manager, within 6 months from the decision
concerned and after proper notice to the parties concerned:

(i) Correct patent errors in any Council decision in respect of which no review to the High
Court is pending.

(ii) Rescind or vary any Council decision which was void or was obtained by fraud or by
mistake common to the parties.

8.6.3 Appeals

(a) The Land Use Planning Ordinance, or succeeding legislation describes the bodies or persons
who may appeal to the Planning Review Board against a decision of Council.
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(b) Further to the above, any person who feels aggrieved by the decision of any employee under
the delegation of Council and according to the delegations permitted in this Scheme, may
appeal against such a decision in terms of section 62 of the Local Government: Municipal
Systems Act, 2000 (Act 32 of 2000).

8.7 ENFORCEMENT

8.7.1 General

(a) Nothing contained in this Scheme shall be deemed to grant exemption from compliance with
any of Council’s other regulations or by-laws or any other legislation.

(b) Should anyone contravene any provision of this Scheme, Council must enforce compliance
with such provisions.

(c) Council reserves the right to withdraw any approval for a secondary use, consent use,
departure or authorisation, subject to compliance with constitutional requirements of a “fair
administrative procedure”, should the conditions of approval not be complied with or should
the use cause harm or be unreasonably detrimental to any person or group of persons or any
section of the community, or shall misleading or fraudulent information have led to such a
decision.

8.7.2 Directive to rectify

(a) Where, in Council’s opinion, any contravention of this Scheme occurs, Council may serve a
written directive on the alleged offender and, if the alleged offender is not the owner of the
land concerned, also to the land owner, requiring such person or persons to rectify the
contravention.

(b) A notice in terms of sub-section (a) shall contain the following additional information, namely:

(i) The full particulars of the owner of the property concerned.

(ii) A detailed description of the alleged contravention.

(iii) The directives to be complied with in order to regularise the matter.

(iv) The penalties payable in the event of a conviction.

(v) The date specified for compliance with the directive.

(c) The persons on which a notice was served in terms of subsection (a) must comply with such
directive within the time period stipulated, even if they dispute the existence of the
contravention, failing which the Council may obtain an interdict or other appropriate relief
against them in a Court of Law.

8.7.3 Hearings and findings

(a) If the owner disputes the existence or the nature and extent of the contravention, the
provisions of the Land Use Planning Ordinance, or succeeding legislation shall apply.

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(b) Council may, at its entire discretion, at such owner’s request, arrange a special hearing and
request the parties concerned to attend, and Council may appoint an advisory committee for
the purpose of establishing the facts. Council should, when appointing an advisory committee:

(i) Determine a date and venue for such hearing and method of notification of identified
stakeholders.

(ii) Appoint a chairperson.

(iii) Require that minutes of the meeting be compiled for record purposes.

(c) The Municipal Manager shall submit the findings of such committee and its recommendation
to Council without delay.

8.7.4 Penalties

(a) Council may determine a contravention levy for any contravention of this Scheme.

(b) Any person who fails to comply with any provision of this Scheme shall be guilty of an offence
and liable on conviction to a fine or imprisonment in terms of the applicable legislation.

8.8 ADVERTISEMENT

(a) When considering the most appropriate method of advertisement, Council shall take the
following aspects into account:

(i) The objective of the application.

(ii) The level of intensity of the impact as a result of the application.

(iii) The persons who may have a legitimate interest in the matter.

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CHAPTER 9: ZONING ADMINISTRATION

PURPOSE:

The purpose of this chapter is to present the standard provisions to determine use rights.

9.1 UTILISATION OF ZONED LAND

(a) No person shall damage or use land so as to destroy or impair its utilization for the purpose
for which it is zoned, provided that Council may consent to the deposit on such land of waste
materials or refuse.

(b) In giving its consent under this Scheme, Council may impose such conditions as it may deem
fit.

(c) Subject to the provisions of any other law, nothing in this Scheme shall be construed as
prohibiting the reasonable fencing of land.

(d) No person shall use land contrary to the uses permitted in terms of the zoning thereof.

9.2 IMPOSED CONDITIONS

Where permission to erect a building or execute any works or to utilize a building or land for any
particular purposes or to perform any other activity has been granted under this Scheme and
conditions have been imposed, such conditions shall have the same force and effect as if they were
part of this Scheme.

9.3 COMPLIANCE WITH REGULATIONS

Nothing in this Scheme contained shall be deemed to grant exemption from compliance with any of
Council’s regulations.

9.4 CONTINUATION OF EXISTING CONDITIONAL APPROVALS

Notwithstanding the land use parameters contained in the Scheme, the land use conditions
specifically attached to any land use change (rezoning) by the applicable authority prior to the
commencement of this Scheme, shall remain in force only if more restrictive than this Scheme.

9.5 DEPARTURES

(a) Any property owner may apply to Council for a departure of development parameters or
utilisation.

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(b) Council may approve a temporary land use departure for a maximum period of 5 years.

(c) Council should, when approving any departure, clearly specify which development parameters
and other conditions shall apply.

(d) Council may, in the circumstances described above, impose other conditions with regards to
any specific property.

(e) If any person is of the opinion that any condition relating to a departure or consent use is not
being complied with, such person may lodge a written objection to Council.

9.6 LAPSING OF APPROVALS

(a) An approval granted by Council for a departure, consent use, rezoning or authorisation, shall
lapse under the following conditions:

(i) If the use rights granted in terms of the approval are not exercised within a period of 2
years from the date of such an approval unless the owner concerned applies for an
extended period for approval by the Provincial Minister or Council in terms of any
planning legislation.

(ii) If the exercise of such rights is interrupted for an unbroken period of 24 months.

(b) If Council has issued a directive regarding non-compliance with conditions of approval
imposed under this Scheme and the persons to whom such directives were issued in terms of
Section 8.4.3, failed to comply with the provisions thereof within the same periods stipulated,
Council may forthwith withdraw the relevant approval by written notification to the affected
parties.

(c) Where an approval has lapsed wholly or in part in terms of sub-section (a), Council shall
amend the register and zoning map accordingly.

9.7 GENERAL – SUBDIVISION AND CONSOLIDATION

(a) Subdivision in order to allow two or more adjoining dwelling houses to be kept under separate
title (not permitted in a single residential zone):

(i) The approval of an application for subdivision in order to allow two or more adjoining
dwelling houses be held under separate title, is subject to the following requirements
that must be complied with before the issuing of written approval by Council:

(aa) Where Council deems restoration or improvement to be necessary, the buildings


must be fully restored or improved to its satisfaction.

(bb) Where Council deems it necessary, one parking bay must be provided and
constructed on each of the properties, to its satisfaction.

(cc) National Building Act must be complied with.

(b) The person, who is at any time the owner of each dwelling house directly affected by the
subdivision, must comply with the following requirements:

(i) Maintain any communal part of a retaining wall, roof, pipe, gutter, wiring, or any other
structure or object on such a property.
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(ii) Maintain each part of such wall, roof, pipe, gutter, wiring, or any other structure or
object on or crossing such a property.

(iii) Allow access to such a property for the purposes of maintaining, cleaning, renovating,
repairing, renewing and altering of and addition to any wall, roof, pipe, gutter, wiring,
or any other structure or object.

(iv) Not make any alterations or additions to any part of the buildings constructed on such a
property (including boundary walls and fences) or demolish any part of it, nor alter the
external colour scheme or building material of such buildings without written approval
from Council, or allow the exterior of the buildings to deteriorate and become untidy or
dirty.

(c) The person, who is at any time the owner of each dwelling house directly affected by the
subdivision, shall be required, without compensation:

(i) To allow gas mains, electricity, telephone and television cables and/or wires, main
and/or other water pipes and foul sewers and storm water pipes, ditches or channels of
any other land unit or units to be conveyed across the land unit concerned, and surface
installations such as mini-substations, meter kiosks and service pillars to be installed
thereon, if considered necessary by Council and in such manner and position as may
from time to time be reasonably required; this shall include the right of access to the
land unit at any reasonable time for the purpose of constructing, altering, removing or
inspecting any works connected with the above.

(ii) To receive such material or permit such excavation on the land unit as may be required
to allow use of the full width of an abutting street and provide a safe and proper slope
to its bank necessitated by differences between the level of the street as finally
constructed and the level of the land unit, unless he elects to build retaining walls to the
satisfaction of and within a period to be determined by Council.

(d) Construction of building or structure on property which forms part of an unconfirmed


subdivision.

Council may allow a building or structure to be constructed on a property which forms part of
a subdivision which has not yet been confirmed, and shall amend the register and zoning map
accordingly.

(e) Creation of new streets in any subdivision.

The general principles relating to layout, street junction and inclines as required by Council
must be complied with.

(f) Consolidation of properties.

Any owner, who wishes to consolidate two or more properties, must apply to Council for
approval prior to submitting a consolidation diagram to the Surveyor-General and must notify
Council as soon as consolidation has been approved by the Surveyor-General.

9.8 REMOVAL OF TITLE DEED CONDITIONS

An application for the removal of restrictive title conditions must comply with the minimum
requirements for applications as prescribed in this Scheme and the relevant Act (Act 84 of 1967) or
subsequent relevant legislation.
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9.9 ZONING OF CLOSED STREETS AND PUBLIC SPACES

The land comprised in a public street or place shall:

(a) if such land is to be consolidated with an adjacent land unit, be deemed to be zoned in
accordance with the zoning of the land unit which it is to be consolidated, with effect from the
date that the prescribed statutory notice confirming its closure is published; and

(b) if such land is not to be consolidated with an adjacent land unit, it be rezoned in terms of any
planning legislation.

9.10 ZONING OF STATE LAND

(a) Notwithstanding any other law, all land belonging to the State or a body of which the State is
or was the only or majority shareholder, which has been indicated in this Scheme for state
purposes, for a zoning or reservation without development provisions or for a zoning for which
the land is not being utilised, shall be deemed to be zoned by agreement between Council and
the public body, taking into account its utilisation at the date of commencement of this
Scheme and after any further or additional proposed use rights have been advertised and all
comments have been considered by Council.

(b) State land shall be subject to the provisions of these regulations and all other laws of the
country.

9.11 USE OF PROPERTY FOR TEMPORARY PURPOSE

A property owner may, with Council’s prior written approval, temporarily use such property for a
purpose not permitted in terms of its current zoning subject thereto that -

(a) such approval may be withdrawn by written notice to the owner, should any condition of the
approval not be complied with or when abuses take place or when a public nuisance is
created;

(b) if no validity period was specified by Council, the approval lapses 12 months from date of
approval, unless Council extends it in writing;

(c) such further conditions as Council may impose are complied with.

9.12 COMBINED USE ZONINGS

(a) Council may, in writing, require an owner to submit to Council a survey diagram or such other
plans as Council may regard as appropriate, prepared by a suitably qualified person, within
such time-period as it may stipulate, indicating the different approved or deemed zonings
and/or approved uses of the various portions of the land and/or buildings on such property.

(b) Where more than one primary and/or consent use is approved in the same building in a
particular zone, the requirements with regard to floor factor, height and coverage, as
prescribed for the primary use of the zone concerned, shall be applicable.

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(c) Where a use which is permitted in a combined-use building in a particular zone is a primary
use in another zone, the use concerned shall be subject to the same conditions, unless
otherwise specified.

(d) Notwithstanding provisions to the contrary herein contained, Council may allow the use of a
property for purposes which Council in its entire discretion regards as ordinarily incidental to
the use to which such property may be put in terms of this Scheme, provided that the floor
area of the building put to such incidental use, may not exceed 10% of the existing floor area
on the property.

(e) The floor area restriction of sub-section (d) shall not apply, if on application, Council grants a
departure.

9.13 ZONING OF VACANT LAND

(a) In the case of land that was vacant on 1 July 1986, the utilisation thereof shall, for the
purposes of determining a zoning, be deemed to be zoned according to the lawful use of the
land.

(b) Where more than one use is permissible in terms of a title deed condition in respect of a
vacant property, the use shall be determined by Council, based on relevant factors, and the
most restrictive category of land use shall be awarded.

(c) When a “deemed” zoning is awarded, the decision shall be advertised for appeal purposes.

9.14 SERVITUDES

(a) A servitude for services as may be reasonably necessary may be required by Council along
any two boundaries of a property, other than the street boundary.

(b) Council is entitled to reasonable access to the property adjoining a servitude area for the
provision, maintenance or removal of municipal services.

9.15 NON-CONFORMING USE

(a) A lawful non-conforming use shall not constitute an offence in terms of this by-law

(b) A non-conforming use may continue as long as it remains otherwise lawful, subject to the
following provisions:

(i) Any structure connected with such use, shall not be enlarged or increased by more than
10% of its floor space, nor the use extended to occupy more than 10% of additional land
area that was occupied on the commencement date.

(ii) If such use ceases for any reason for a period of more than twelve consecutive months,
any subsequent use of the property shall conform to the requirements of this by-law, with
or without departures.

(iii) Subject to (a) above, any new use or structure shall conform to the land use and
development management provisions stipulated in this by-law.

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(c) If an existing building, which constitutes a non-conforming use, is destroyed or damaged to the
extent that it is necessary to demolish a substantial part of the building, the Council may grant
permission for the reconstruction of such building, subject to conditions.

(d) The Council may, at its discretion, permit the erection of a building or use of land, for which
approval was granted before the commencement date, in accordance with the conditions of
such approval

(e) Notwithstanding any other provisions of this by-law, a building, structure or site which is listed
as a national monument or heritage site may be used, restored, reconstructed or extended in
accordance with a permit issued by the South African Heritage Resources Agency.

9.16 AUTHORISED NON-CONFORMING USE

(a) Any land owner who believes that he or she has been deprived of any of his or her rights
relating to the land unit concerned, shall furnish the Municipal Manager in writing within six
months from the implementation date with the full particulars in substantiation of such belief
and request the Municipal Manager to submit the matter to Council for consideration.

(b) In the event of Council confirming such rights which are otherwise in conflict with the
provisions of this Scheme, such rights shall be regarded as authorised non-conforming rights
for purposes of this Scheme.

(c) If a land owner fails to act in the aforesaid manner within the time period stipulated, any
rights which he or she might have claimed in terms of the stated procedure shall lapse.

9.17 SECONDARY USES

(a) When making an application for a secondary use, the owners shall -

(i) apply in writing to the Department Head providing detailed motivation;

(ii) conduct pre-application discussions;

(iii) obtain written comments only from surrounding property owners or occupants as
determined by the Department Head in accordance with Council’s relevant policy;

(iv) provide details of the proposed use and mitigating measures to reduce negative
externalities.

(b) For any valid objection received, the use shall no longer be regarded as a secondary use, but
as a consent use for the purpose of the application.

(c) Any relevant provisions in this Scheme shall apply to a secondary use, including, but not
limited to:

(i) Development contributions.

(ii) The requirements according to the National Building Act.

(iii) Conditions imposed by Council such as building line restrictions, services connection
fees, taxation, refuse removal, etc.

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(d) When granting a secondary use application, Council may impose conditions, provided those
conditions must be rationally related to the purpose for which the approval was granted, in
respect of:

(i) Successors-in-title.

(ii) A specified validity period.

(iii) Contextual informants (i.e. character, environmental sensitivity, biophysical constraints,


parking, impacts, density, etc.)

(iv) Any combination of the above.

9.18 CONSENT USES

(a) The purpose of consent use rights is for Council to consider the application in respect of the
character and amenity of the area, consistency with Council’s relevant provisions, policies and
with consideration of the surrounding owners. On the basis of the above, Council may then
permit or withhold its consent, and shall in permitting its consent, impose special conditions
for the use of land.

(b) Where no objections against the use have been received, the Municipal Manager shall have
delegated authority to approve or refuse the application.

(c) Council may restrict the number of consent uses permitted on a property.

(d) When making an application for a consent use, the:

(i) Owner shall -

(aa) apply in writing to the Municipal Manager on the required application form
providing detailed motivation;

(bb) conduct pre-application discussions.

(ii) Municipal Manager shall ensure that -

(aa) the application be advertised in accordance with Council’s relevant policy;

(bb) the relevant comment of any institution which, in his or her opinion, has an
interest in the application be obtained;

(cc) the application be submitted for comment or objections and the comment or
objections received in respect of the application be referred to the applicant for
a response;

(dd) the application and all relevant comments be submitted to Council;

(ee) the owner and any objectors be notified of Council’s decision and the reasons
therefore and where applicable be furnished with a copy of conditions imposed
by Council and their attention be called to their right of appeal in terms of the
Municipal Systems Act, 2000 (Act 32 of 2000).

(e) When approving a consent use application, Council may impose conditions, provided those
conditions must be reasonably related to the purpose for which the approval was granted, in
respect of:

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(i) Successors-in-title.

(ii) A specified validity period.

(iii) Contextual informants (i.e. character, environmental sensitivity, biophysical constraints,


parking, impacts, density, etc.)

(iv) Any combination of the above.

(f) Council may serve a notice in writing on the person conducting the consent use to:

(i) Comply with the conditions when consent use granted.

(ii) Cease using the property for such consent use if the conditions or zoning scheme
requirements are not complied with, or if a prescribed time period has lapsed.

9.19 PROCEDURE FOR THE DETERMINATION OF USE RIGHTS (ACT 113


OF 1991)

(a) Council must, on its own initiative or on written application by any interested party, determine
the lawful utilisation of any land designated in terms of the Less Formal Township
Establishment Act 1999, (Act 113 of 1991) as on the date that a township register has been
opened as contemplated in that Act.

(b) An application in terms of subsection (a) must be accompanied by a written motivation, which
must include -

(i) full particulars of the alleged use of the property on the date of opening of the township
register concerned;

(ii) the period for which the property was put to such use without interruption prior to the
date of opening of the township register concerned; and

(iii) a written statement of confirmation of the alleged use of the property on the date of
opening of the township register concerned.

(c) With effect from the date that Council makes a determination in terms of sub-section (a), the
land concerned shall be deemed to be zoned in accordance with such determination and the
zoning map must be amended (if necessary) to reflect such zoning.

9.20 PROCEDURE FOR SCHEME AMENDMENT AUTHORISED BY COUNCIL

(a) Council may, on its own initiative amend any part of this Scheme.

(b) An amendment in terms of sub-section (a), must -

(i) be done according to the provisions of the Municipal Systems Act, 2000 (Act 32 of
2000);

(ii) be advertised in terms of Section 8.8 of this Scheme;

(iii) be contained in a written motivation to Council and with due consideration of the
principles contained in this Scheme.

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(c) A Council resolution, in terms of which an amendment of this Scheme has been adopted, shall
become operative as from date of notification in the Provincial Gazette.

(d) All amendments of this Scheme shall be indicated in the section titled “Amendments” located
at the beginning of this document.

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CHAPTER 10: PACKAGE OF PLANS

10.1 EXPLANATION

(a) The purpose of the package-of-plans approach is to facilitate planning within a broadly agreed
development framework that allows greater flexibility to respond to a wide range of
development applications, while ensuring approval by Council at specific stages of
development planning.

(b) This approach can ideally be followed in the planning process of large scale developments.
Council should in such circumstances indicate beforehand the range of plans required and the
details at each plan level.

(c) The benefits for Council of the package of plans approach are the following:

(i) It enables development to respond pro-actively to market opportunities.

(ii) It enables a greater range of mix of land uses.

(iii) It provides more information of the site as a whole and regarding infrastructure
requirements for calculation of contributions to this effect.

10.2 APPLICATION

Applicants must during pre-application discussions, ascertain if a package of plans procedure should
be followed.

10.3 CATEGORIES OF PLANS

(a) All plans are divided into categories, based on their statutory status, level of detail required,
the planning hierarchy and the extent of the area concerned (i.e. conceptual framework plan,
precinct plan, subdivisional plan, site development plan).

(b) All plans submitted to Council, must meet Council’s general requirements.

10.4 ADOPTION

(a) Council may require a package of plans approach if, in its discretion, greater flexibility is
required with regard to the planning for developments of a large scale.

(b) Council may approve conceptual framework plans and development framework plans. The
approval of precinct plans, site development plans and building plans may be delegated to
officials in the municipal department concerned.

(c) After approval of the package of plans, the land owner or applicant may proceed to procure
the necessary land use rights by making application for rezoning and subdivision for specified
areas within the area to which such plans relate.

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(d) Council may also in adopting the package of plans, impose conditions relating to services
agreement, aesthetics, access or any other matter, including if required that further plans be
submitted (eg. landscaping plans and management plans).

(e) Council may, in approving a framework plan, determine the maximum development
parameters (i.e. floor factor, coverage, height). Council may also determine as a condition of
approval that each development proposal or development phase shall be considered according
to a “draw-down schedule” of the approved development parameters.

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CHAPTER 11: SITE DEVELOPMENT PLANS

11.1 REQUIREMENTS

(a) Site Development Plans (SDP) required by Council must comply with the guidelines provided
hereto. Amendments to an approved Site Development Plan may only be considered after the
submission of a written application, containing the motivation for the proposed amendments.

(b) Site Development Plans shall accompany all land use applications as prescribed in Chapter 5 of
this Scheme.

(c) Council may approve or refuse approval of such plans or require amendments thereto.

(d) No one may deviate from an approved Site Development Plan without Council’s prior written
approval.

(e) No application for building plan approval for the uses listed in sub-section (b) may be
approved before a Site Development Plan in respect of such development has been approved
by Council.

(f) Council may require that a qualified landscape architect take part in the preparation of a Site
Development Plan and/or the implementation of landscape proposals.

(g) Council may request that an application is accompanied by a Site Development Plan and/or to
ensure that the Site Development Plan is advertised, when, in Council’s opinion, the
development proposal affects the interest that any person has in land.

11.2 CONDITIONS

(a) Council may prescribe conditions of approval according to a Site Development Plan. Where
such conditions are more restrictive than the development parameters that apply to the
zoning, the most restrictive parameters shall apply.

(b) Where Council acts in terms of (a), and Council is of the opinion that such a condition
adversely affects the interest that any person has in the matter, the matter shall be advertised
according to Council’s public participation policy.

(c) Where an approval is granted in terms of plans submitted, such approval must be
implemented in accordance with such plans which may not be deviated from without Council’s
written approval.

(d) The requirements for a SDP are as follows:

(i) A plan at a scale of at least 1:200 or, if the proposed development is large enough for a
smaller scale to be required, of 1:500.

(ii) It shall indicate those of the following aspects which are required by the Council in
respect of a particular development proposal:

(aa) As an annexure or, where applicable, shown on the plan:

- The zoning of the land unit.

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- The restrictions regarding height, floor area ratio and parking.

- Explanation of the proposed development, finishing of building and


pavements and other related matters.

(bb) Site boundaries and dimensions.

(cc) All servitudes applicable to the land unit.

(dd) Building lines.

(ee) Service connections.

(ff) Contours at an interval of 1 meter.

(gg) All existing characteristics of the land unit such as trees, existing buildings, etc.

(hh) All the development and existing characteristics of adjoining land units.

(ii) Height and layout of all proposed buildings.

(jj) Communal open spaces, landscaping and private open space.

(kk) Entrances to and exits from the land unit, internal roads and parking areas.

(ll) Frontal treatment of all buildings and structures.

(mm) The provision that has been made for refuse removal.

(nn) Elevations, traversals, diagrams or perspective drawings of the land unit’s


proposed layout.

(oo) Proposals regarding site borders (i.e. walls, fences).

(pp) Proposed subdivision lines.

(qq) Flood-mark lines.

(rr) Preventative measures in respect of flood-waters.

(ss) The different developmental phases.

(e) No building plan may be approved and no construction work may be undertaken before
Council has approved the Site Development Plan (SDP). The construction of a building or the
commencement of construction work before receipt of approval for the said SDP or (if the
plan has, in fact, been approved) any deviation from it, will be a contravention of this Scheme.

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ANNEXURES

ANNEXURE A

ILLUSTRATIVE DRAWINGS AND TECHNICAL GUIDELINES


A. DEVELOPMENT PARAMETERS

1. Illustration: application of typical development parameters

2. Building lines

2.1 Splays

2.2 Encroachments

2.3 Panhandle erven

3. Floor Area

4. Slope

5. Height

5.1 Height measurement

5.2 Basements

5.3 Loft

5.4 Mezzanines

5.5 Slopes steeper than 1:4

5.6 Height vs storeys

B. LAND USE PARAMETERS

6. Group Housing

C. DEVELOPMENT MANAGEMENT PROVISIONS

7. Overlay Area

8. Parking Area

9. Site Development Plan

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ILLUSTRATION: APPLICATION OF TYPICAL


DEVELOPMENT PARAMETERS 1

2 8

7 4
6 1
9

1. Street building line 7. Road reserve


2. Rear building line 8. Boundary wall
3. Lateral building line 9. Side walk
4. Building setback 10. Street boundary
5. Coverage 11. Lateral boundary
6. Road surface 12. Rear boundary

12
11

ERF X

11
10

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BUILDING LINES 2
2.1 SPLAYS

Building
line
4,5m

Property
Boundary

Splays

Property
Boundary

Building
line
4,5m
Road
Reserve

2.2 ENCROACHMENTS

Additional
Property Boundary

Building line

Dwelling
Building line
Building line

Double Garage
Store room

Main
Building

Access Access
Boundary
Wall

Note:
(i) Outbuildings (garages, store rooms, etc.)
- Written comment from abutting neighbours
needed to encroach building line
- No windows and doors on boundaries

(ii) Title Deed building lines to be taken into consideration

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SEPTEMBER 2008 ANNEXURES 219


KNYSNA INTEGRATED ZONING SCHEME REGULATIONS DRAFT FOR DISCUSSION PURPOSES

SLOPE 4

NOTE:
Slope= Vertical height as a
ratio to horizontal distance

=X:Y
=1:4
2m ( X)

8m (Y)

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SEPTEMBER 2008 ANNEXURES 221


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GROUP HOUSING 6

Lin
ke
ate d
a r
ep
S

Group of separate and/or linked


dwelling units arranged within or
around a communal open space

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OVERLAY AREA 7
OVERLAY AREA
( i.e. Urban Conservation Area)

Underlying Zone

Single Residential

Group Housing

Business

Overlay Area

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PARKING AREA 8
Parallel On-Street Parking Kerb Pavement

Parking Bay

2200
100mm Dot
2500

900
13000
Road
6500 mm 6500 mm

Parallel Paired Parking Kerb Pavement

2200
Road
2000 5000 12000 5000 2000

Right Angle Parking Bays 45 Degrees Parking Bays

Wall 90
5000 mm

4900 mm

25
00

25
00
2Way - 5200
2Way - 8000
1Way - 4200
1Way - 7500

3000 mm 2500 2500 2500 2500 3500 3500 3500 3500

Driving Lane Driving Lane

Interlocking Bays
60 Degrees Nose-To-Nose Parking 60 Degrees Parking Bays

25
00
4800

5300 mm

25 25
00 00
00
50

25 25
00 00
1Way-4400
2Way-4400
00

2900 2900 2900 2900 2900


4800
50

Driving Lane

Interlocking 45 Degrees Nose-To-Nose


Interlocking - Diagonal Bays
Parking Bays
4200
4200

00
50
00
50

25
00

00
25

25
00

00
4200
4200

50

50
00
25
00

SEPTEMBER 2008 ANNEXURES 224


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SEPTEMBER 2008 ANNEXURES 225


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ANNEXURE B

REQUIREMENTS FOR PLANS

SITE DEVELOPMENT PLANS

(a) Where Council requires a site development plan, the plan which is lodged must comply with
Council’s requirements as stipulated in sub-paragraph (b) below. After such a plan has been
approved, the development undertaken must comply with the approved plan and such plan
may only be amended with the written approval of Council.

(b) The requirements for a SDP are as follows:

(i) A plan at a scale of at least 1:200 or, if the proposed development is large enough for a
smaller scale to be required, of 1:500.

(ii) It should indicate the following aspects:

(aa) As an annexure or, where applicable, shown on the plan:

- The zoning of the land unit.

- The restrictions regarding height, floor area ratio and parking.

- Explanation of the proposed development, finishing of building and


pavements and other related matters.

(bb) Site boundaries and dimensions.

(cc) All servitudes applicable to the land unit.

(dd) Building lines.

(ee) Service connections.

(ff) Contours at an interval of 1 metre.

(gg) All existing characteristics of the land unit such as trees, existing buildings, etc.

(hh) All the development and existing characteristics of adjoining land units.

(ii) Height and layout of all proposed buildings.

(jj) Communal open spaces, landscaping and private open space.

(kk) Entrances to and exits from the land unit, internal roads and parking areas.

(ll) Frontal treatment of all buildings and structures.

(mm) The provision that has been made for refuse removal.

(nn) Elevations, traversals, diagrams or perspective drawings of the land unit’s


proposed layout.

(oo) Proposals regarding site borders (i.e. walls, fences).

(pp) Proposed subdivision lines.

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(qq) Flood-mark lines.

(rr) Preventative measures in respect of flood-waters.

(ss) The different developmental phases.

(c) No building plan may be approved and no construction work may be undertaken before
Council has approved the site development plan (SDP). The construction of a building or the
commencement of construction work before receipt of approval for the said SDP or (if the
plan has, in fact, been approved) any deviation from it, will be a contravention of the Scheme.

LANDSCAPING PLANS

The following guidelines are to be followed when preparing landscaping plans required by Council.

(a) Landscape Mapping

Landscape mapping is to be submitted along with the initial site development plans when a
proposal for development is submitted. If Council requires landscaping plans to be submitted,
detailed plans complying with the guidelines must be submitted to Council.

The following should be provided:

(i) A plan must be drawn to a scale of 1:250.

(ii) The north point must be indicated on all plans.

(iii) All trees and protected flora must be indicated.

(iv) Existing plants that are to be removed must be indicated and be listed botanically under
the legend.

(v) Contours are to be indicated.

(vi) All existing natural features must be indicated, i.e. rocky outcrops, wetland areas and
water courses.

(vii) Sensitive areas must be indicated and details regarding it must be noted on the plan.

(b) Detailed landscaping plans

These are to be submitted before the clearance of any one of the erven for the development
will be considered.

The following should be provided:

(i) A plan with a scale of 1:250, or a scale negotiated with Council.

(ii) The north point must be indicated on all plans.

(iii) Existing natural features as well as proposed landscaped features must be indicated and
cross sections provided where applicable.

(iv) Proposed planting, differentiating between trees, shrubs and ground covers should be
indicated. Plants must be listed under their botanical names in the legend.

(v) All hard surfaces should be indicated and described under the legend.

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(vi) For storm water drainage purposes, if provided specifically, the levels should be
indicated.

(vii) Boundary walls, fences, retaining blocks, etc. should be shown indicating the materials
used and proposed height.

(viii) Hard fixtures (benches, lightning, playground equipment, etc.) should be indicated with
specifications for erection purposes.

(ix) A separate plan should be prepared and submitted indicating all underground services
on the site, i.e. irrigation, electricity, telephone, etc.

(x) The manner, in which maintenance of the landscaped area will take place, must be
indicated/described, e.g. the proposed layout of the irrigation system.

(xi) All the existing trees, and trees which will be removed, must be indicated. The use of
indigenous trees and plants must be promoted.

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ANNEXURE C

GENERAL PLANNING AND DEVELOPMENT PRINCIPLES


CONTAINED IN THE WESTERN CAPE PLANNING AND
DEVELOPMENT ACT (NO. 7 OF 1999)

SCHEDULE IV

GENERAL PLANNING AND DEVELOPMENT PRINCIPLES

1. PRINCIPLES OF PLANNING AND DEVELOPMENT LEGISLATION, POLICY,


ADMINISTRATIVE PRACTICE, REGULATIONS AND BY-LAWS

1.1 Laws, regulations, policy and guideline documents on planning and development
should-

1.1.1 be clear and generally available to those who are likely to be affected thereby;

1.1.2 provide guidance and information to those affected thereby in addition to serving as
regulatory measures;

1.1.3 be aimed at promoting trust and acceptance among those likely to be affected
thereby, and

1.1.4 give further content to fundamental rights as set out in the Constitution.

2. PRINCIPLES OF DECISION-MAKING AND DISPUTE RESOLUTION

2.1 Each proposed development should be judged on its merits and no specific land use
should be regarded in advance or in general as being less important or desirable than
any other land use, unless a development framework or structure plan indicates that a
specific type of land use should be protected.
2.2 Decisions should be taken on the advice of suitably qualified and experienced persons
in the employ of the authority concerned and experts in the field of agriculture,
planning, engineering, geology, mining, management of the environment, law,
surveying or any other field determined by the Provincial Minister.
2.3 Before a decision is taken, the desirability of referring for mediation a dispute about
development or planning between parties should be considered.
2.4 If the authority concerned considers mediation to be desirable, the dispute should be
referred for mediation, but if mediation is undesirable, or if mediation has failed, a
public inquiry should be conducted or a decision taken.
2.5 Before any important decision is taken in terms of this Act (the Planning Act), the
desirability of conducting a public inquiry into the matter should be considered.

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2.6 If a public inquiry is to be conducted before a decision is taken, it should be open to


the public, and any person entitled to appear at the inquiry may be represented by any
other person.
2.7 Reasons in writing for a decision in terms if this Act (the Planning Act) should be
furnished on request.
2.8 The department head should keep a record of reasons given for decisions taken by
the Provincial Administration of Western Cape, and the chief executive officer for
decisions taken by the council concerned.

2.9 Such record should be made available for inspection by members of the public, and
any person or body should be able to publish the reasons.

2.10 A decision taken in terms of this Act should be subject to review by any competent
division of the High Court.

3. PRINCIPLES OF ROLEPLAYER PARTICIPATION AND HUMAN RESOURCES


DEVELOPMENT

3.1 Members of communities affected by planning and development should be actively


involved in the planning and development process.

3.2 The skills and capacities of all persons involved in planning and development,
including the disadvantaged, should be developed.

3.3 All sectors of the economy (government and non-government sectors) should be
encouraged to contribute toward planning and development so as to maximise the
ability of all spheres of government to undertake planning and development, and to
this end:

3.3.1 authorities should endeavour to clearly define and make known the functions and
responsibilities of all sectors of the economy with regard to planning and
development and the desired relationship between these sectors; and

3.3.2 an authority which is responsible for the administration of this Act and any other law
relating to planning and development should furnish particulars of the legislation
concerned and of the persons responsible for its administration to any person
requiring such information,

4. PRINCIPLES OF DEVELOPMENT IN GENERAL

4.1 Efficient land development administrative practices should be promoted.

4.2 Development should result in security of tenure and should provide for the widest
possible range of tenure alternatives, including individual and communal tenure.

4.3 In the development of land the rightful interests of any occupants of that land should
be duly taken into account.

4.4 The various levels of government should co-ordinate the interests of the various
sectors involved in or affected by development so as to minimise conflicting claims to
scarce resources.

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4.5 The effective functioning of a development market based on open competition


between suppliers of goods and services should be stimulated.

5. PRINCIPLES OF SPATIAL ENVIRONMENT RESTRUCTURING

5.1 Provision should be made for rural and urban planning and development, and the
development of existing and new formal and informal settlements should be
facilitated.

5.2 The illegal occupation of land should be discouraged, with due recognition of
informal development processes.

5.3 Sufficient land for permanent development and temporary reception areas should be
identified and developed in accordance with national and provincial policies.

5.4 Efficient and integrated planning and development should be promoted by:

5.4.1 the integration of social, economic, institutional, environmental and physical aspects
of planning and development;

5.4.2 integrated development and planning in rural and urban areas with a view to mutual
support;

5.4.3 providing residential and employment opportunities in close proximity to or


integrated with each other;

5.4.4 the optimal utilisation of existing resources, including resources with regard to
agriculture, land, minerals, bulk infrastructure, roads, transport and social facilities;

5.4.5 encouraging a diverse combination of land uses, including mixed land uses;

5.4.6 discouraging the phenomenon of urban sprawl, protecting the agricultural resource
base and encouraging the development of more compact cities;

5.4.7 contributing towards the correction of historically distorted spatial patterns of


settlement in the Western Cape, and

5.4.8 encouraging environmentally sustainable planning and development practices and


processes.

6. PRINCIPLES OF SUSTAINABLE DEVELOPMENT

6.1 Sustainable development should be promoted by-

6.1.1 promoting development within the fiscal, institutional and administrative means of
the Province;

6.1.2 promoting the establishment of viable communities;

6.1.3 promoting sustained protection of the environment;

6.1.4 meeting the basic needs of all communities in an affordable manner, and

6.1.5 ensuring the safe use of land, with due regard to factors such as geological
formations, dangerously undermined areas and flood plains.

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7. PRINCIPLES OF ENVIRONMENTAL PROTECTION

7.1 Development should harmonise with the ecological characteristics of the


environment.

7.2 Development should heed the natural processes which control any specific
environment.

7.3 Development in unsuitable environments, such as areas with a high water table,
swamps, flood plains, steep slopes and areas sensitive to drift-sands, should be
discouraged.

7.4 Development planning should heed carrying capacity restrictions, especially with
regard to water shortages.

7.5 Development planning should heed the aesthetic properties of landscapes and the
environment.

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ANNEXURE D

TABLE OF COMPARABLE ZONINGS

COMPARABLE ZONE DESIGNATION EXISTING ZONINGS

(PROPOSED NEW ZONINGS) KNYSNA SEDGEFIELD NOETZIE SECTION 8 AREAS

AGRICULTURE Agriculture Zone Agriculture Zone --------- Agriculture Zone I

AGRICULTURAL INDUSTRY --------- --------- --------- Agriculture Zone II

RURAL RESIDENTIAL --------- Special Residential Zone ---------

SINGLE RESIDENTIAL Single Residential Zone Single Residential Zone --------- Residential Zone I

GROUP HOUSING Group Housing Zone Group Housing Zone --------- Residential Zone II (group
(Medium density residential units) Consent (General Consent (General Residential Zone) house)
Residential) Consent (Special Residential Zone) Residential Zone III (town
Consent (Local Business) house)
Consent (Local Business Zone)
Residential Zone IV (consent)
Residential Zone V (consent)
Resort Zone I (permanent
structures)

GUEST HOUSE ---------------------------- -------------------------------------------- --------- -------------------------------

GENERAL RESIDENTIAL General Residential Zone General Residential Zone --------- Residential Zone IV
Business Zone Residential Zone V
Special Residential Zone
Consent (Local Business)
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COMPARABLE ZONE DESIGNATION EXISTING ZONINGS

(PROPOSED NEW ZONINGS) KNYSNA SEDGEFIELD NOETZIE SECTION 8 AREAS

RESIDENTIAL ESTATE --------- --------- Resort Zone II Resort Zone II

RESORT Resort Zone --------- Resort Zone I Resort Zone I


Resort Zone II Resort Zone II

LOCAL BUSINESS Business Zone Business Zone --------- Business Zone I


(Low to moderate) Local Business Zone Local Business Zone Business Zone II
Consent (resort) Business Zone III
Business Zone V

GENERAL BUSINESS Commercial Zone Commercial Zone --------- Business Zone I


(Moderate & business services) Business Zone (Consent Light Industrial) Business Zone II
Business Zone III
Business Zone IV
Business Zone V

FILLING STATION Commercial Zone Light Industrial (consent) --------- Business Zone V
(consent) Service Station Zone
Local Business Zone
(consent)
Business Zone (consent)

SERVICE INDUSTRY TRADE Commercial Zone Service Light Industrial Zone --------- Industrial I
(High Intensity) Station Public Garage Zone Business Zone I
Business Zone II
Business Zone III
Business Zone V

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COMPARABLE ZONE DESIGNATION EXISTING ZONINGS

(PROPOSED NEW ZONINGS) KNYSNA SEDGEFIELD NOETZIE SECTION 8 AREAS

INDUSTRIAL Noxious Trade Zone Light Industrial Zone --------- Industrial Zone I
Industrial Zone Industrial Zone Industrial Zone II
Offensive Trade Zone
Consent Use (Commercial)

EDUCATIONAL Educational Zone Educational Zone --------- Institutional Zone I


Institutional Zone Consent (Single Residential Zone) (instruction)
Consent (General Residential) Institutional Zone II (church)
Consent (Worship Zone)
Consent (Special Residential Zone)
Consent (Group Housing Zone)
Consent (Business Zone)
Worship Zone
INSTITUTIONAL Institutional Zone Consent (Business Zone) --------- Institutional Zone I
(Health) Consent (General (institution)
Residential)
Consent (Business)

PUBLIC OPEN SPACE Public Open Space Zone Public Open Space Zone --------- Open Space Zone I

PRIVATE OPEN SPACE Private Open Space Zone Private Open Space Zone --------- Open Space Zone II

Open Space
CONSERVATION --------- Conservation Zone Open Space Zone III
Zone I

UTILITY Cemetery Zone Cemetery Zone Authority Zone Authority Zone


Public Authority Zone Authority Zone

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COMPARABLE ZONE DESIGNATION EXISTING ZONINGS

(PROPOSED NEW ZONINGS) KNYSNA SEDGEFIELD NOETZIE SECTION 8 AREAS

Transport
TRANSPORT Transport Zone Railway Zone Transport Zone I
Zone I

STREET Street Zone Street Zone Transport Transport Zone II (public


Zone I road)
Roads

Transport Zone III (public


PARKING Parking Zone Parking Zone ---------
parking)

SPECIAL Special Zone Special Zone --------- Special Zone

SUBDIVISIONAL Subdivisional Area --------- --------- ---------

Undetermined
UNDETERMINED Undetermined Zone Undetermined Zone Undetermined Zone
Zone

OVERLAY Knysna Historical --------- --------- ---------


Knysna Historical Conservation Area Conservation Area
Noetzie
Design Guidelines
Informal Residential
Density & minimum erf size
Sedgefield
Karatara
Scenic Drive
Tavern

SEPTEMBER 2008 ANNEXURES 236

Related Interests