Zoning Scheme By-law, 2022
- Published in Provincial Gazette 8632 on 15 July 2022
- Commenced on 15 July 2022
- [This is the version of this document from 15 July 2022 and includes any amendments published up to 28 July 2023.]
1. DefinitionsIn this By-law, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014) has the meaning assigned to it in that Act and—"4x4 trail" means a series of roads, tracks, and routes, designed for use by off-road vehicles as a recreational or adventure facility, and includes buildings normally required for the administration and maintenance thereof, but does not include holiday accommodation or tourist facilities."abattoir" means a place where livestock or poultry is slaughtered and prepared for distribution to butcher shops and food markets."advertisement" when used in the context of outdoor advertising, means any visible representation of a word, name, letter, figure, or object or of an abbreviation of a word or name, or any sign or flag or banner or symbol or light, which is not intended solely for illumination or warning against danger."agriculture" Land use description: "agriculture" means the cultivation of land for raising crops and other plants, including plantations, the keeping and breeding of animals, birds or bees, stud farming, game farming, intensive horticulture; intensive animal farming; a riding school or natural veld, and—(1)includes—(a)the harvesting, cooling, storing, sorting, packing, and packaging of agricultural produce grown on that land unit and surrounding or nearby farms.(b)harvesting of natural resources limited to living organisms for delivery to the market.(c)agricultural buildings or infrastructure that are reasonably connected with the main farming activities, including a dwelling house, agricultural worker accommodation and rooftop base telecommunication stations.(d)a camping site limited to a maximum of 10 tent or caravan stands subject to the development parameters applicable to "tourist accommodation", provided further that a consent use must be applied for in the following cases—(i)the property is smaller than 1ha.(ii)the property is situated within 1km of the high-water mark of the sea or a tidal river.(iii)more than 10 tent or caravan stands are applied for.(e)linear infrastructure.(f)agricultural industry(2)does not include aquaculture, an abattoir, a farm shop, an animal care centre, any mining activity, utility services and renewable energy structures for commercial purposes."agricultural industry" means:(1)an enterprise for the processing of agricultural products of which the majority of the products are sourced from that land unit and if not produced on that land unit, then from the land units farmed by the owners of the enterprise with a minority of the products sourced from the surrounding or nearby farms.(2)includes a winery, dairy, distillery, the bottling of water, a sawmill; and brewery(3)does not include an abattoir."ancillary" means a land use, purpose, building, structure, or activity which is directly related to, and subservient to, the lawful primary use of the property."antenna" means any system of wires, poles, rods, reflective surfaces, or similar devices, used to transmit or receive electronic communication signals or electromagnetic waves."applicant" means a person who makes application in terms of the Land Use Planning By-law."application" means an application under the Land Use By-Law and LUPA, as the case may be, or this By-Law for an authorization or consent from the Municipality, and without limitation includes any application referred to in Section 15 of the Land Use By-Law, and "applicant" has a corresponding meaning."atrium" means a covered courtyard that—(1)comprises a void within a building that extends for one or more floors in height that contains a floor and roof or ceiling; and(2)does not contain floors that penetrate the void."aquaculture" means the cultivation and breeding of water-flora and fauna, and the harvesting thereof for commercial purposes,—(1)in artificially built dams or holdings tanks, or(2)suspended from rafts in natural rivers or dams."Authority usage" means a use which is practised by or on behalf of authority or public body, and the characteristics of which are such that it cannot be classified or defined under other uses in this By-Law, and includes a use practised by:(1)the State, such as a military training centre and installation, police station, correctional institution, or jail.(2)the Provincial Government, such as a road station and road camp.(3)the Municipality, such as fire services, sewage purification works, a waste control site, a reservoir, a composting installation, or water purification works with related uses, and limited accommodation for staff who are required to be on standby for emergencies, or(4)a public utility, such as a telecommunication facility."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 pillars supporting such roof."bar" refers to definition of pub."base zone" means the zone that determines the lawful land use and development parameters for a land unit in terms of this By-Law, before the application of any overlay zone."basement" means that portion of a building with a ceiling level which does not protrude more than one metre at any point above natural ground level excluding excavations required for access purposes."Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004)."bio-region" means an identifiable geographical area that contains one or more ecosystems, which functions as a relatively self-sustaining community, and is characterised by specific landforms, vegetation, or human culture and history, and includes a bio-region declared in terms of Section 40 of the Biodiversity Act, 2004 (Act 10 of 2004)."bio-regional planning" means the planning of human activities within the context of a bioregion that:(1)prioritises maintaining and enhancing the functioning of the life-supporting functions of the bioregion.(2)takes account of the specific natural and cultural characteristics of the bioregion, and(3)aims to define and implement development options that ensure that human needs are met in an ecologically sustainable way."boat launching facility" means a public or private facility, which is designed to accommodate the launching or landing of watercraft, consisting of a slipway, and may include parking spaces for vehicles."bottle store" means an establishment where the primary use is the retail sale of alcoholic beverages for consumption off the property, and includes an off-sales facility which is under the same management as a licensed hotel."boundary" in relation to a land unit means one or more of the cadastral lines separating the land unit from another land unit or from a road reserve."boundary wall" means any wall, fence or enclosing structure erected on or directly next to a cadastral property boundary, including entrance gates and doors."builder's yard" means a property which is used for the storage of material and equipment which:(1)is required for or is normally used for construction work;(2)was obtained from demolitions of structures or excavations of ground, or(3)is necessary for or is normally used for land improvements, such as storage of material used for building roads, for installing essential services, or for any other construction work (e.g.: of sand or bricks), whether for public or private purposes."building" without in any way limiting its ordinary meaning, includes:(1)any roofed structure;(2)any external stairs or landings of a building and any gallery, canopy, balcony, stoep, veranda, porch, or similar feature of a building;(3)any walls or railings enclosing any feature referred to in (b), and(4)any other portion of a building."building line" means an imaginary line on a land unit, which defines a distance from a specified boundary, within which the erection of buildings or structures are completely or partially prohibited."business premises" means a building or property from which business is conducted and includes a shop, office, financial institution and building for similar uses, but does not include a place of assembly, place of entertainment, institutional building, service station, motor repair garage, spray painting and motor vehicle body repair shop, industry, industrial hive, noxious trade, risk activity, restaurant, pornographic entertainment business or bottle store."cadastral line" means a line representing the official boundary of a land unit as recorded on a diagram or general plan approved by the Surveyor-General and registered in the Deeds Office."camping site" means a property or part thereof in which tents or caravans are utilised for accommodation for visitors, and includes ablution, cooking and other facilities for the use of such visitors."canopy" means a cantilevered or suspended roof, slab or covering projecting from the wall of a building, excluding the floor of a balcony."caravan" means a vehicle which has been equipped or converted for living or sleeping purposes and which can be readily moved."caravan park" means land for the parking of caravans for short-term holiday accommodation and includes ablution, cooking and other facilities for the use of occupants of the caravans."carport" means a structure for the storage of one or more vehicles that is covered by a roof, provided that not more than two sides may be permanently enclosed."carriageway crossing", in relation to a motor vehicle carriageway crossing, means an entrance or exit way, or a combined entrance and exit way, from a land unit to a road."cemetery" means a place where the dead are buried and may include buildings that are necessary for the administrative and clerical uses associated therewith, but does not include a crematorium."commercial", in relation to a use right, means a use right for the express purpose of making a profit with no or limited social or charitable objectives."commercial kennel" means kennel services for dogs, cats and similar animals and includes commercial breeding, boarding kennels, pet motels and dog training centres."common boundary", in relation to a property, means a boundary common with the adjoining property other than a street boundary."conference facility" means a place of assembly with or without overnight accommodation, which also supplies meals, which normally is an additional activity to a primary function such as a hotel, 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 the Municipality, after due consideration of all relevant facts and after a reasonable and lawful process has been followed, 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. The granting of a consent use, will not alter the primary use of the land concerned."consent use" means a land use permitted in terms of a particular zoning with the approval of a Municipality."corner property" means any land unit that has at least two contiguous sides abutting upon one or more streets, and where the interior angle between those two sides, less than 135 degrees."Council" means the municipal council of the Municipality."coverage" means the area of a land unit that is covered by buildings, expressed as a percentage of the total erf area of the land unit. The calculation of coverage for the purposes of determining the percentage of a land unit that is, or will be, covered by buildings, must disregard:(1)the panhandle portion of a panhandle property;(2)stoeps, entrance steps and landings;(3)cornices, chimney breasts, pergolas, flower boxes, water pipes, drain pipes and minor decorative features not projecting more than 500mm from the wall of the building;(4)eaves not projecting more than 1,0m from the wall of the building, and(5)a basement provided that the basement ceiling does not project above the finished ground level."crèche" means a facility for the day care of young children in the absence of their parents, and may provide care for more children than are permitted at a day care centre."crematorium" means a building where the dead are reduced to ash, and includes facilities for associated religious and administrative functions."cultural heritage" means any place or object of cultural significance and the intangible aspects of inherited culture and includes all archaeological artefacts, palaeontological material and heritage resources and living heritage, as defined in the National Heritage Resources Act, 1999 (Act 25 of 1999)."day care centre" means the use of portion of a dwelling house or outbuildings by the occupant to provide day care, pre-school, play group or after school care services for children provided that no more than 15 children shall be registered at the centre at a time, or on the property at any time."declared road" means a road proclaimed in terms of the Roads Ordinance, 1976 (Ordinance 19 of 1976)."deemed zoning" means the zoning of a land unit which the Municipality deems it to have in circumstances where no formal zoning determination or rezoning was previously done."departure"; It means an altered development parameter granted on a permanent basis or a right to utilize land for a purpose granted on a temporary basis."development parameter" means a provision or restriction in a zoning scheme that sets out the permissible extent of the land use in terms of a zoning."double dwelling house" means a building designed as a single architectural entity, containing two dwelling units on one land unit."dwelling house" means a building containing only one dwelling unit."dwelling unit" means a self-contained, inter-leading group of rooms—(1)with not more than one kitchen, used for the living accommodation and housing of one family, together with such outbuildings as are ordinarily used with a dwelling unit; and(2)does not include tourist accommodation or accommodation used as part of a hotel."eave" means a portion of a roof projecting beyond the face of a building, including any gutters."earth bank" means land that is shaped to hold back earth or loose rock."ecologically sustainable development" means using, conserving and enhancing the environment so that ecological processes on which life depends, are maintained, people are able to enjoy a good quality of life now and in the future, and the well-being of the whole community is improved."ecosystem" means a self-sustaining and self-regulating community of organisms and the interaction between the organisms with one another and with their environment."encroachment agreement" means an agreement between an owner and the Municipality relating to the projection of portions of a building or structure from the owner's property onto or over the Municipality’s property."entrance steps and landings" means steps and landings to a building, including any low walls and railings, if the steps and landings are not within the main containing walls of the building."environment" has the same meaning as in the National Environmental Management Act, 1998 (Act 107 of 1998)."environmental management plan" means a plan that documents the management of site preparation, construction or operations affecting an environmental resource or an environmentally significant place, its environmental values or management requirements, or both."erection" in relation to a building or structure includes—(1)the construction of a new building or structure;(2)the alteration or conversion of, or addition to, a building or structure; and(3)the re-construction of a building or structure which has completely or partially been demolished."erf" has the same meaning as land unit."family" means:(1)a single person maintaining an independent household, or(2)two or more persons directly related by blood, marriage or a life partnership maintaining a common household, or(3)no more than five unrelated persons maintaining a common household."farm shop" means a building, located on a farm, used to sell goods to employees of the farm or to the general public."farm stall" means a building, located on a farm, used to sell products produced and processed on farms to the general public."farm worker accommodation" means dwelling units provided for persons engaged in bona fide farming activities or retired persons previously engaged in bona fide farming activities on the property."flats" means a building of more than one storey containing two or more dwelling units, together with such outbuildings as are ordinarily associated therewith; but not including double dwelling houses and group houses, provided further that in those zones where flats are permissible, one dwelling unit shall also be permissible, whether or not with the consent of the Municipality, in a building approved for other purposes than for flats."floor" means the inner, lower surface of a room, garage or basement and includes a terrace or atrium to which the occupants of a building have access."floor factor" means the factor (expressed as a proportion of 1) which is prescribed for the calculation of 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 multiplication of the floor factor by the net erf area."floor space", in relation to any building, means the area of a floor which is covered by a slab, roof or projection; provided that—For the purposes of calculating the floor space of a building:(1)any balconies, terraces, stairs, stairwells, verandas, common entrances and common passages covered by a roof shall be included, but in the case of multi-storey buildings any atrium and any stairwells, lift-wells or other wells, must only be counted once;(2)the following must be excluded:(a)any area, including a basement, which is reserved for parking or loading of vehicles;(b)external entrance steps and landings, any stoep and any area required for external fire escapes;(c)a projection including a projection of eaves, and a projection which acts as a sunscreen or an architectural feature, which projection does not exceed 1,0m beyond the exterior wall or similar support;(d)any uncovered internal courtyard, light-well or other uncovered shaft which has an area in excess of 10m2;(e)any arcade that is 2,0m or more in width, which provides access through the building concerned from public parking, a public street or open space, to some other public parking, public street or open space, and which at all times is open to the public, as well as any covered walkway, the roof of which allows light to pass through, and(f)any covered paved area outside and immediately adjoining a building at or below the ground floor level, which is part of a forecourt, yard, external courtyard, pedestrian walkway, parking area or vehicular access."freight container" means a standardised, reusable vessel that was originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or designed for or capable of being mounted or moved on a rail car, and/or designed for or capable of being mounted on a chassis for movement by truck trailer or being loaded on a ship. It may also be used for residential purposes."funeral parlour" means property where the dead are prepared for burial or cremation and includes facilities for associated administrative and religious functions, but does not include a crematorium."gambling machine" means any electronic or electromechanical device, contrivance or machine which, upon insertion of a coin, token or similar object, or upon payment of any consideration, is available to be played or operated, and the playing or operation of which, whether by reason of skill of the operator or as a result of chance, or both, may entitle the person playing or operating the machine or any other person, to receive cash or anything of value."garage" means a building for the storage of motor vehicles, but does not include a motor repair garage or service station."gross leasable area" or "GLA" means the total floor space designed for, or capable of, occupancy and control by tenants, measured from the centre line of the joint partitions to the inside finished surface of the outside walls, but shall exclude toilets, lift shafts, service ducts, vertical penetrations of floors, interior parking and loading bays."greenhouse" means a structure with the sides primarily made of a transparent material such as glass, Perspex or plastic, for the purpose of growing 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, and is calculated as follows:"group housing" and "group housing scheme" means a group of separate and/or linked dwelling units where every dwelling unit has a ground floor; and which is planned, designed and built as a harmonious architectural entity and arranged around or inside a communal open space in a varied and ordered way; and such dwelling units may be cadastrally subdivided."group housing site" means one or more land units on which a group housing scheme or retirement resort may be erected."guest accommodation" means a dwelling house which is used for the purpose of letting individual rooms for residential transient accommodation, with or without meals, provided that:(1)the property is retained in a form which can easily be reused by a family as a single dwelling house, and(2)all amenities and provision of meals shall be for the sole benefit of bona fide guests."gymnasium" means an establishment, operated for profit, providing space or facilities for physical exercise or for participation in sports activity."habitable room" means a bedroom, living room, lounge, dining-room, study, and any other room which is used for human habitation or recreation, but excludes a kitchen or bathroom or a storeroom not exceeding 5m2."hazardous substance" has the same meaning as "grouped hazardous substance" as defined in the Hazardous Substances Act, 1973 (Act 15 of 1973)."height" of a structure means a vertical dimension of the structure from the natural ground level to the wall plate or, in the case of a pitched roof, the ridge of the roof or the highest point of a building, measured in metres, provided that—(1)the height of a structure does not include chimneys, flues, masts or antenna.(2)elevator motor rooms, satellite dishes, ventilation shafts, water tanks, air conditioning plant and equipment on top of a building are included when determining the height of a structure, and(3)the general provisions regarding these aspects in this By-law also apply."holiday accommodation" means premises used for holiday or recreational purposes, whether in private or public ownership, which:(1)consists of a single enterprise in which accommodation is supplied by means of short term rental or time sharing only, and(2)may include the provision of a camping site and caravan park;(3)may also include a restaurant and indoor and outdoor recreational facilities for bona fide guests, but(4)does not include a hotel."hotel" means property used as a temporary residence for transient guests, where lodging and meals are provided, and may include:(1)a restaurant or restaurants;(2)associated conference and entertainment facilities that are subservient and ancillary to the primary use of the property as a hotel;(3)premises for the rendering of personal services such as a beauty salon, and(4)premises which are licensed to sell alcoholic beverages for consumption on the property, but excludes an off-sales facility, kitchens in hotel rooms or suites, and dwelling units."house shop" means the land use of conducting of a retail trade from a dwelling house or outbuilding by one or more occupants of the dwelling house concerned, who shall reside in the dwelling house; provided that the primary use of the dwelling house concerned shall remain for the living accommodation of a single family."house tavern" means an enterprise, conducted from a dwelling house or outbuilding, by the occupant of the dwelling house concerned, for the sale of alcoholic beverages and may include consumption of alcoholic beverages by customers on the property, provided that the primary use of the dwelling house concerned shall remain for the living accommodation of a single family."industry" means a property, which in the Municipality's opinion:(1)is used as a factory and in which an article or part of such article is made, manufactured, produced, built, assembled, compiled, printed, ornamented, processed, treated, adapted, repaired, renovated, rebuilt, altered, painted (including spray painting, but excluding spray painting related to motor vehicles or parts of motor vehicles), polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed, chilled, frozen or stored in cold storage;(2)includes an office, caretaker's quarters or other use which is subservient and ancillary to the use of the property as a factory, but does not include a noxious trade."informal trading" means the land use of legal selling of products in areas demarcated by the Municipality specifically for these purposes such as markets, and demarcated areas in the business district."institutional building" means a building, or portion of a building or property, used as a social, health or welfare facility, or for the administration thereof, and includes a hospital, clinic, home for the aged, indigent or handicapped, reformatory or place of detention, whether of a commercial or charitable nature, but does not include a jail, or a hospital, sanatorium, dispensary, or clinic for the treatment of infectious or contagious diseases or premises licensed under the Mental Health Act, 1973 (Act 18 of 1973) for the detention of mentally disordered persons, or a mental hospital."integrated development plan" means the integrated development plan of the Municipality prepared in accordance with Chapter 5 of the Municipal Systems Act, 2000 (Act 32 of 2000)."intensive animal farming" means the breeding, feeding and keeping of animals or poultry within confined pens or buildings on an intensive basis for commercial purposes."intensive horticulture" means the cultivation of plants under a roof, or in greenhouses for commercial purposes."kitchen" means a room or part of a room equipped for preparing and cooking meals and excludes a braai room, food and drink preparation area or bar facilities in an entertainment area."land" means any erf or farm portion and includes any improvement or building on the land and any real right on the land."land unit" means a portion of land registered or capable of being registered in a deeds registry and includes a servitude right or lease."Land Use By-Law" means the By-Law on Municipal Land Use Planning, promulgated 15 July 2015 in Provincial Gazette 7428."Land Use Planning Act (LUPA)" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014)."landscape plan" means a plan indicating detailed landscape proposals including walkways, paving, planting, water features, recreational areas, engineering services and any other such land uses."landscaping" means the planting or placement of plants, the moulding of earth and installation of outdoor features such as walkways and paving for the purpose of protecting and promoting aesthetic appeal, scenic beauty, character and value of property, as well as promoting the reduction of noise pollution, storm water runoff, air pollution, visual pollution or light glare."lateral boundary" means a boundary of a land unit other than the street boundary or the rear boundary."letting of rooms" means the provision of bedroom accommodation to lodgers for payment, and the services ordinarily related to such accommodation, and 'lodger' and 'lodging' has a corresponding meaning."light industry" means a property used or intended to be used as a bakery, laundry, dry-cleaning works, light engineering works and small repairs work, provided that the Municipality shall determine whether or not any such use as applied for shall be classified as light industrial at the time that an application is made for development, building alterations or extensions."loading bay" means an area which is clearly demarcated for the loading and off-loading of goods from commercial vehicles, and which has vehicular access to a public street to the satisfaction of the Municipality."lodger" means a person who utilises lodging services."lodging" means the provision of bedroom accommodation or, in the case of a backpackers' lodge, bed accommodation that is made available on payment of a charge or fee, and includes the services ordinarily related to such accommodation."maximum floor space" means the greatest total floor space that is allowed for a building or buildings on a land unit, and is calculated by multiplying the floor factor by the area of the land unit or that portion of the land unit that is situated within a particular zone; provided that, where the land unit is situated within two or more zones to which different floor factors apply, the maximum floor space for the whole land unit is the total of the maximum floor space for each zoned portion of the land unit."mineral" means a substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth or under water and which was formed by or subjected to a geological process, and includes sand, stone, rock, gravel, clay, soil and any material occurring in residue stockpiles or in residue deposits, but excludes—(1)water, other than water taken from land or sea for the extraction of any mineral from such water;(2)petroleum; and(3)peat."mining" means the extraction 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, gas and precious stones."motor vehicle" means a wheeled vehicle designed or used for propulsion by means of an internal combustion or electrical engine, and includes a trailer, caravan or towed structure attached to a motor vehicle, but excludes a vehicle moving exclusively on rails."motor repair garage" means a property for trading in motor vehicles, oil, tyres or motor spares, the repair or overhauling of motor vehicles or washing of vehicles, but does not include spray-painting, panel beating, black smithery, body work or the retail supply of fuel for the use of motor vehicles."Municipality" means the Municipality of Cape Agulhas, and where the context so requires, includes—(1)the Council;(2)another political structure or a political office bearer of the Municipality, authorised or delegated to perform a function or exercise a power in terms of this By-law;(3)the Municipal Planning Tribunal, authorised or delegated to perform a function or exercise a power in terms of this By-law;(4)the Municipal Manager; and(5)any employee of the Municipality acting in terms of delegated or sub-delegated authority of the Municipality."municipal area" means the geographical area over which the Municipality has jurisdiction."Municipal Manager" means the Municipal Manager of the Municipality, or an official, acting under delegated powers, charged with the responsibility to administer this By-Law."Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000)."National Building Act" means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977)."National Environmental Management Act" means the National Environmental Management Act, 1998 (Act 107 of 1998)."National Heritage Resources Act" means the National Heritage Resources Act, 1999 (Act 25 of 1999)."natural level of the ground" means—(1)the level of the land in its unmodified state; or(2)when altered with the municipality's approval for the purpose of development, the municipality may approve such altered ground level as the natural ground level, subject to Section 37."nature conservation" means the use and management of land with the objective of preserving the natural bio-physical characteristics of that land, such as the flora and fauna, but does not include tourist facilities."nature reserve" means a national park or some other nature area that is owned by an organ of state or remains in private ownership and has been declared as a nature reserve or has a similar status in terms of legislation; it consists of an area that is utilized as a game park or reserve for fauna and flora in their natural habitat and;—(1)includes environmental facilities and worker accommodation(2)does not include accommodation facilities for tourists or holiday makers.(3)is an area that has official status as a conservation area and that is being managed in terms of a long-term environmental management plan that has been approved by the relevant conservation authority."net area" in relation to a land unit means the total area of the land unit excluding any area reserved for public streets, roads or road-widening purposes, and 'net erf area' has a corresponding meaning."non-conforming use" as an existing land use that was lawful in terms of previous zoning scheme but does not comply with the zoning scheme in force."noxious trade" means an offensive, poisonous or potentially harmful trade, use or activity which, because of fumes, emissions, smell, vibration, noise, waste products, nature of material used, processes employed, or other cause, is deemed by the Municipality to be a potential source of danger, nuisance or offence to the general public or persons in the surrounding area or which constitutes a health hazard in terms of the Public Health Act, 1997 (Act 63 of 1997), or the operation of a scheduled process as defined in Section 1 of the Explosives Act, 1956 (Act 26 of 1956)."occupant" means any person who occupies a land unit."occupational health and safety law" means the Occupational Health and Safety Act, 1993 (Act 85 of 1993), or municipal by-laws governing occupational health and safety, whichever is applicable."occupational practice" means the undertaking of an occupation or enterprise in a dwelling unit used primarily for the living accommodation of a single family, by one or more persons who live in that dwelling unit, but excludes the retailing of products not manufactured on the premises and any wholesale business."open space" means land which has been reserved or is used for either passive or active recreation and provides major or minor recreational facilities, and it includes a park, garden, playground, sports field, promenade, pavilion, public square, picnic area, pedestrian area and beach, or land used for nature conservation."outbuilding" means a structure, whether attached or separate from the main building that is normally ancillary and subservient to the main building on a land unit, and includes a building designed to be used for the garaging of motor vehicles, and any other normal activities in so far as these are usually and reasonably required in the connection with the main building, but does not include a second dwelling."outdoor advertising" means the act or process of notifying, warning, informing, making known or any other act of transferring information in a visible manner and that takes place out of doors."overlay zone" means a category of zoning that applies to land or land units in addition to the base zoning and that—(1)stipulates development parameters or use rights that may be more or less restrictive; and(2)may include provisions and development parameters relating to—(a)primary or consent uses;(b)subdivision and sub-divisional areas;(c)development incentives;(d)density limitations;(e)urban form or urban renewal;(f)heritage and environmental protection;(g)management of urban growth;(h)scenic drives; coastline setbacks;(i)any other purpose as set out in this zoning scheme."panhandle property" means an erf that is configured with a narrow panhandle portion forming an access corridor to the bulk of the erf which is located behind the bulk of other erven or land units."parapet" means a low projection, wall or moulding that finishes the uppermost edge of a building with a flat or low pitched roof."parking bay" means an area measuring not less than 5,0m x 2,5m for perpendicular parking and 6,0m x 2,8m for parallel parking, which is clearly outlined and demarcated for the parking of one motor vehicle and which is accessible to the satisfaction of the Municipality."pergola" means any unroofed horizontal or approximately horizontal grille or framework and associated vertical support structure and of which the area in the horizontal projection of its solid portions does not exceed 25% of the total area thereof."place of assembly" means a place which serves the social and community needs of inhabitants, which may attract people in relatively large numbers and which is not primarily a commercial enterprise; including a civic hall, concert hall, indoor sports centre and club house, but does not include a place of entertainment or conference facility."place of entertainment" means a place used primarily for commercial entertainment which may attract relatively large numbers of people, operate outside normal business hours or generate noise from music or revelry on a regular basis; including a cinema, theatre, amusement park, dance hall and nightclub."place of instruction" means a place for education at pre-school, school or post school levels, including a crèche, nursery school, primary school, secondary school, college, university and research institute, and associated uses such as boarding hostels; or a civic facility for the promotion of knowledge to the community such as a public library, public art gallery or museum; or a place of instruction in sport where the main objective is instruction as opposed to participation by the public as either competitors or spectators; but excludes a reformatory, commercial conference facility or in-house business training centre."place of worship" means a church, synagogue, mosque, temple, chapel or other place for practicing a faith or religion, and includes associated uses such as a religious leader's dwelling, office and place for religious instruction but does not include a funeral parlour, cemetery or crematorium."plant nursery" means a property which is used for the sale of plants, gardening products and gardening equipment."plaza" means an urban open space or square, primarily designed for outdoor use by pedestrians."porch" means a roof (not being the floor of a balcony) projecting from the outside of a building above a doorway, and forming a covered entrance to the building, and includes any paved area underneath the roof, and any low walls or railings enclosing that paved area, and any pillars supporting the roof."portable building" means any prefabricated structure or freight container, assembled off-site and delivered to the site as a complete unit or a building purchased in kit form and assembled on-site, which can be moved without disassembly to another location."porte cochères" means a covered entrance large enough for vehicles to pass through, typically opening into a courtyard or a porch where vehicles stop for passengers to get out of the vehicle."pornographic entertainment business" means the selling or hiring out of items with pornographic elements, such as books, films, videos or photographs, or the offering of live or recorded performances with pornographic elements; it includes an escort agency, as well as a massage parlour other than a massage establishment used for medical, sport or gymnasium purposes."precinct plan" means a plan, approved by the Municipality, as envisaged in this By-law as a component to a package of plans."previous zoning scheme" means a zoning scheme or town planning scheme referred to in section 33(1) or (2) of the Land Use Planning Act."primary use" in relation to property means any land use specified in this By-law as a primary use, being a use that is permitted within a zoning without the need to obtain the Municipality's approval."private open space" means land which is in private ownership or municipal property that is leased on a long term basis, and that is used primarily as a private site for outdoor sports, play, rest or recreation, or as a park or nature area; and includes associated buildings, infrastructure and uses."private parking" means property, which is reserved for parking purposes, if such parking is not normally accessible to the general public."private road" means land reserved for the passage or parking of motor vehicles, which is privately owned and does not vest in the Municipality or another public authority."property" means land together with any improvements or buildings on the land."provincial road" means a road that is under the jurisdiction of the provincial roads authority."pub" means an establishment for the sale of primarily alcoholic beverages, and sometimes also food, to be consumed on the premises and is also known as a tavern or bar; but excludes a night club."public nuisance" means any act, omission or condition that is offensive in the opinion of the Municipality, injurious or dangerous to health, materially interferes with the ordinary comfort, convenience, peace or quiet of the public, or that adversely affects the safety of the public, having regard to the reasonableness of the activities in question in the area concerned, and the impacts that result from these activities."public open space" means property which is or will be under the ownership of the Municipality or another public authority, with or without access control, and which is set aside for the public as an open space for recreation or outdoor sport; including a park, playground, public square, picnic area, public garden, nature area or outdoor sports stadium; and may include associated buildings, infrastructure and uses."public parking" means a property that is accessible to the general public for parking purposes with or without a fee."public street" means land indicated on an approved plan, diagram or map as having been set aside as a public throughway for vehicles and pedestrians, of which the ownership as such vests in the Municipality in terms of the Land Use By-Law, LUPA or in terms of any other law."retaining structure" means a wall or structure constructed to hold back earth or loose rock."rear boundary" in relation to a land unit means every boundary of that land unit (other than a street or lateral boundary) which is opposite 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 Municipality shall determine which boundary, if any, is the rear boundary."refuse room" means a defined screened refuse receptacle from where refuse is collected, usually on a weekly basis."Register" means the register maintained by the Municipality in which is recorded all departures, consent uses, environmental management plans, site development plans and conditions relating to use rights or the development and management of special zones."registered land surveyor" means a professional land surveyor, registered in terms of the Geomatics Profession Act, 2013 (Act 19 of 2013)."Republic" means the Republic of South Africa."residential building" means a building where lodging is provided, with or without meals, together with such outbuildings as are normally used therewith, and includes an old age home, children’s home, hostel, boarding house and building in which rooms are rented for residential purposes, but does not include flats or a dwelling house, double dwelling house, group house, institutional building, place of instruction or hotel."restaurant" means a commercial establishment where meals and liquid refreshments are prepared and/or served to paying customers for consumption on the property, and may include licensed provision of alcoholic beverages for consumption on the property."retirement village" means premises specifically reserved to provide accommodation in the form of group houses, town houses, separate dwelling units or a block of flats for elderly and/or retired persons and may include care and recreational facilities together with a chemist, small shop, café and outbuildings ordinarily and reasonably required therewith."rezoning" means the amendment of the Zoning Scheme in order to effect a change of zoning in relation to a particular land unit or units."riding school" means a place or undertaking for the leasing of horses and riding instruction against payment and includes the care and stabling of such horses."road" includes a public street or a private road."road reserve" means the designated area of land that contains a public street or private road (including the road and associated verge) and that may be defined by cadastral boundaries."rooftop base station" means a cell phone base station where antennae are attached to the roof or side of an existing building; provided that any antennae support structure or equipment room that is not part of the building, does not extend more than 2,5m in height above the top of the building."satellite dish antenna" means apparatus fixed to a structure or mounted permanently on the ground, that is capable of receiving or transmitting communications from a satellite."scenic drive" means a public street designated as a scenic drive by the Municipality in recognition of the high visual amenity alongside that public street, including background vistas of a mountain, open country, a coastline or a town."scrapyard and salvage building" mean premises which is utilised for one or more of the following purposes:(1)storing, depositing or collecting of junk or scrap material or articles of which the value depends mainly or entirely on the material used in the manufacture thereof;(2)the dismantling of second-hand vehicles or machines to recover components or material, and(3)the storing or sale of second-hand parts, poles, steel, wire, lumber yards, tyres, bricks, containers or other articles which are suitable to be left in the open without any serious damage being incurred."second dwelling unit" means a dwelling unit including a kitchen, on a land unit where a dwelling house has already been lawfully erected."self-catering accommodation" means a dwelling house or a dwelling unit used for the overnight accommodation of bona fide transient guests."service station" means premises used for the retail supply of fuel and includes trading in motor vehicles, oil, tyres or motor spares, the repair or overhauling of motor vehicles and washing of vehicles, but does not include spray-painting, panel beating, black smithery or body work and any portion of a shop or business premises which incorporates facilities for the retail supply of fuel for the use of motor vehicles, shall be deemed a service station."service trade" means an enterprise which is:(1)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;(2)not a source of disturbance to surrounding properties;(3)employs at most 10 people, and(4)is not likely, in the event of fire, to cause excessive combustion, give rise to poisonous fumes or cause explosions;(5)and includes a builder's yard and allied trades, laundry, bakery, dairy depot and similar types of uses, but does not include an abattoir, brick-making site, service station or motor repair garage or sewage works."service yard" means a defined screened area providing utility services including washing line facilities for, amongst others, general residential developments"shelter" means a unit of accommodation intended for human occupation, constructed of any material, even though such material may not comply with the standards of durability intended by the National Building Act, 1977 (Act 103 of 1977)."shop" means premises used for the retail sale of goods and services individually 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; "shop" does not include spray painting or an industry, service trade, motor repair garage, motor vehicle body repair shop, service station, restaurant, pornographic entertainment business, bottle store or industrial hive, and if such uses are included with a shop on a land unit, they shall be regarded as separate uses subject to separate development parameters."sign" means any sign, sign-writing, mural, graphic design, signboard, screen, blind, boarding or other device by means of which an advertisement or notice is physically displayed, and includes any advertisement, object, structure or device that is in itself an advertisement or is used to display an advertisement."site development plan" means a dimensioned plan drawn to scale that indicates details of the proposed land development, including the site layout, positioning of buildings and structures, property access, building designs and landscaping."spatial development framework" (or "SDF") means a Municipal Spatial Development Framework that indicates the spatial implications of a Municipal Integrated Development Plan."special usage" means a use which is such, or in respect of which the development parameters are such, that it is not otherwise catered for in this By-Law."spray painting and motor vehicle body repair shop" means premises used for spray painting of motor vehicles or parts of motor vehicles and the repair of motor vehicle bodies including panel beating and black smithery."statutory plan" means a policy, programme, or plan required by legislation and which governs or affects the use of land, and includes:(1)the Provincial Spatial Development Framework if approved in terms of law;(2)the integrated development plan and spatial development plan of the Municipality;(3)the national water resource strategy established under Section 5 of the National Water Act, 1998 (Act 36 of 1998);(4)a catchment management strategy established under Section 8 of the National Water Act, 1998 (Act 36 of 1998);(5)the national bio-diversity framework and the national bio-diversity strategy and action plan prepared in terms of Chapter 3 of the Biodiversity Act, 2004 (Act 10 of 2004);(6)a bio-regional plan prepared in accordance with Sections 40 to 42 of the Biodiversity Act, 2004 (Act 10 of 2004) and(7)the national land transport strategic framework and the provincial land transport framework prepared in accordance with Section 19 of the National Land Transport Transition, 2000 (Act 22 of 2000)."stoep" means an uncovered paved area or projecting floor outside and immediately adjoining a building, at or below the level of the ground floor of the building, and includes any low walls or railings enclosing the paved areas or floors."storm water" means water resulting from natural processes, the precipitation or accumulation of the water, and includes groundwater and spring water ordinarily conveyed by the storm water system, as well as sea water within estuaries, but excludes water in a drinking-water or waste-water reticulation system."storm water system" means constructed and natural facilities, including pipes, culverts and water courses, used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use or disposal of storm water."street boundary" means the boundary between a land unit and a public street or private road."street centreline setback" means the line delimiting the area measured from the centre line of a particular public street, within which no building or other structure, including a boundary fence, may be erected."structure" without in any way limiting its ordinary meaning, includes any building, shelter, wall, fence, pillar, tower, pergola, steps, landing, terrace, sign, ornamental architectural feature, swimming pool, fuel pump or underground tank, any building ancillary to service infrastructure provision, and any portion of a structure."supermarket" means a retail concern with a net retail floor space of not less than 250m2, which is utilised for sales on a basis of self-service and where the goods for sale fall in one or more of the following categories: foodstuffs and confectionery; toiletries and household cleansing agents; paints and hardware; electrical or gas appliances; musical instruments; crockery and kitchen utensils; camping and garden furniture and equipment; toys; furniture; photographic equipment; haberdashery and clothing; tools and accessories; and pot plants and flowers."tavern" refer to definition of pub."terrace" means an area to which occupants of a building have access, created on a flat roof over a portion of the building, resulting from the setting back of part of the building above that portion."top of the roof", for the purpose of height control, means the top of the roof ridge in the case of a pitched roof, or the top of the parapet where the parapet extends above the roof."total floor space" of a building means the sum of the floor space of all the levels of a particular building, including basements."tourist facilities" means amenities for tourists or visitors such as lecture rooms, restaurants, gift shops, restrooms, or recreational facilities, but does not include a hotel or overnight accommodation."town housing" and "town housing scheme" means 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."Townships Ordinance" means the Townships Ordinance, 1934 (Ordinance 33 of 1934) and includes all Regulations made under it."traffic impact assessment" means a statement of demand for travel generated by proposed development in relation to the existing and planned road system;"transmission tower" means any support structure and associated infrastructure of more than 3,0m in height, that is used for the transmission and/or reception of electromagnetic waves and includes telecommunication, cellular telecommunication, radio, television and satellite transmission."transport usage" means a transport undertaking based on the provision of a transport service and includes public and private undertakings such as airports, railway stations, bus depots, taxi ranks, public transport interchanges and associated purposes."urban agriculture" means the cultivation of crops, on relatively small areas within the town, for own consumption or sale in neighbouring markets; provided that cultivation of a garden by an occupant shall not be regarded as urban agriculture for the purpose of control in terms of this Zoning Scheme."urban edge" means a demarcated line indicating the outer limit of an urban area determined in accordance with the SDF."use right" The right to utilise that land in accordance with its zoning, a departure, consent use, condition of approval or any other approval granted in respect of the rights to utilise the land."used" in addition to its ordinary meaning, includes "designated or intended to be used"."veranda" means a covered area (not being an area that is part of a yard or parking area) or projecting floor outside and immediately adjoining a building at or below the level of the ground floor of the building, and includes both the covered area or floor and the roof or other feature covering it, as well as any low walls or railings enclosing the covered area or floor."visual impact assessment report" means an assessment of the visual impact of proposed development on the area in which it is proposed to be located."wall plate" means the lowest point of a longitudinal member, bar, rafter, beam, truss, bracket, pillar, post, structure or any other similar device that supports a roof, as determined by the Municipality."warehouse" means a building used primarily for the storage of goods, except those that are offensive or dangerous, and includes premises used for business of a primarily wholesale nature, but does not include premises used for business of a primarily retail nature."waste disposal site" means a place where household, commercial or industrial waste products may lawfully be stored, salvaged, treated or disposed of."working day" means a day that is not a Saturday, Sunday or public holiday."youth hostel" means a place providing affordable accommodation, aimed mainly at young tourists."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 parameters applicable in respect of the said category of directions, as determined by this By-Law and when used as a verb in relation to land, means to designate that land for a particular zoning. Zoning includes base zoning and overlay zoning."zoning map" means a map or maps maintained by the Municipality that illustrates the application of this By-Law to land units situated within the municipal area."zoning scheme" means a land use scheme as defined in section 1 of the Spatial Planning and Land Use Management Act and includes the components referred to in section 4 of this By-Law.
Zoning scheme, use zones and uses
2. Application of zoning schemeThe zoning scheme applies to the entire municipal area.
3. Purpose of zoning schemeThe purpose of the zoning scheme is to—
4. Components of zoning schemeThe zoning scheme consists of the following components:
5. Use zones
6. Zoning scheme map
7. Transition to new use zones and savings
8. Zoning scheme registerThe Municipality:
9. Primary usesPrimary uses of land permitted in each use zone, without the Municipality's consent, are listed in the corresponding part of column 2 of the table set out in Schedule 1.
10. Consent usesConsent uses of land permitted in each use zone, with the Municipality's prior consent in terms of the Planning By-law, is listed in the corresponding part of column 3 of the table set out in Schedule 1.
11. Temporary departures for specific occasions
12. Non-conforming uses
13. Deemed zoning of closed public placesThe zoning of land that was previously a public street or public open space, vested in or owned by the Municipality and that is closed, is determined as follows:
14. Purpose of overlay zones
15. Procedures for establishing, reviewing, or amending overlay zonesAn overlay zone is adopted, reviewed, or amended by the Municipality as an amendment of this By-law in accordance with sections 12 and 13 of the Municipal Systems Act and section 25 of the Land Use Planning Act.
Distances, levels and boundaries
16. Measuring distances and levelsThe following provisions apply with regard to the method of measuring distances and levels:
17. Determining boundaries of use zonesIf uncertainty exists as to the boundaries of use zones, the following parameters apply in the order listed:
18. Offences, penalties, and enforcement of By-law
Development of land
19. Development parameters applicable to use rights
20. Methodologies for measurement and calculation & encroachment of building linesThe Municipality may require an applicant or owner of a land unit to appoint a registered surveyor to supply or verify information required by the Municipality to make a decision about compliance with distances or levels required in terms of this By-Law.
21. Street centreline setback
22. Site development plans
23. Hazardous substances
24. ScreeningThe Municipality may require screening in accordance with the following provisions:
25. Earth banks and retaining structuresUnless the prior approval of the Municipality has been obtained—
26. Boundary wallsIn the absence of an approved site development plan, architectural guidelines or relevant policy, the following development parameters apply to boundary walls:
27. Maintenance of propertyProperty must be properly maintained by the owner or occupier and may not—
28. Parking of vehicles in residential zonesA motor vehicle of an occupant of a dwelling unit and used for commercial activities conducted away from the dwelling unit may be parked on the property where the occupant resides, provided that—
29. Mobile homes and caravans
30. Rooftop base telecommunication stations and satellite dish antenna systems
31. Geysers and solar panels or similar infrastructure affixed to roofs of buildingsAny external geysers and associated equipment or solar panels or similar infrastructure affixed to the roof of a building may not at any point be more than 1,5 metres above the roof surface, measured perpendicularly from that surface.
32. Equipment on top of buildingNo elevator motor rooms, satellite dishes, ventilation shafts, water tanks, air conditioning plants or other equipment on top of a flat roofed building may, subject to the definition of "height", exceed a height of 2 metres above the wall plate.
33. Parapet wallsParapet walls are restricted to 500 millimetres in height above the finished roof level immediately contiguous to the parapet.
34. ChimneysChimneys may not extend higher than 1 metre above the highest point of the roof of a dwelling house or dwelling unit.
35. Linear infrastructureTelecommunication, electrical transmission lines and pipelines or canals for the transportation of liquids and gasses may be permitted by the Municipality or an organ of state to traverse a land unit, as may be reasonably required by the Municipality or an organ of state in accordance with and subject to expropriation laws, other applicable laws and the registration of the necessary servitudes.
36. Utilisation of outbuildingsNo outbuilding may be utilised for any purpose other than the purpose submitted in the building plans and approved by the Municipality, and an outbuilding may not be utilised until the main buildings are completed or occupied, unless approved by the Municipality.
37. Determination of natural ground level
38. Animals kept for commercial purposesAnimals may be kept for commercial purposes only on a land unit zoned Agricultural Zone I.
39. Hobbies in single and general residential zonesWhen exercising a hobby in all single and general residential zones, the primary use of the dwelling house or dwelling unit must be for the living accommodation of a single family, provided that—
Parking and loading
40. Off-street parking requirements
Table A: Off-street parking requirements
GLA = "gross leasable area"
|Land use||Normal areas|
|Dwelling house||1 bay per dwelling unit|
|Group dwelling||2 bays per dwelling unit|
|Flats||1.25 bays per dwelling unit|
|0.25 bays per unit for visitors|
|Second dwelling / double dwelling house||1 additional bay per unit|
|Guest Accommodation||1 bay per guest suite|
|Gymnasium||6 bays per 100m2 GLA|
|Hotel||1.2 bays per guest suite or room|
|Hotel with facilities available to overnight guests only||1 bay per guest suite or room|
|Retirement village||1 bay per 2 bedrooms|
|Hospital (general and private)||1 bay per four beds|
|Clinic / Medical consulting rooms||4 bays per consulting room|
|Funeral chapel / place of assembly / worship / entertainment||1 bay per 25 seats or persons calculated at 1.5m2 GLA per person|
|Single shops||4 bays per 100m2 GLA|
|Shopping centre||4 bays per 100m2 GLA|
|Offices||4 bays per 100m2 GLA|
|Industry||2 bays per 100m2 GLA|
|Industrial hive||4 bays per 100m2 GLA|
|Service Station||4 bays per 100m2 GLA|
|Schools (including crèches)||1 bay per classroom / office plus 1 per 30 children / learners|
|Place of instruction (other than schools)||1 bay per classroom / office plus 1 per 5 children / learners|
|Restaurant||1 bay per 25m2 of seating area (inside and outside), provided that the seating area is clearly indicated on the building plan|
|Recreation / sport||bay per 8 seats or persons calculated at 1.5m2 GLA per person|
|Conference facility||8 bays per 10 seats or persons calculated at 1.5m2 GLA per person|
41. Alternative parking supply
42. Combined parking requirementsIf two or more uses combine to share a common parking area, the Municipality may approve parking requirements that provide less than the quantum of the parking required for individual uses provided that—
43. Additional parking and site access requirements
44. Parking layout requirements
45. Parking for physically disabled
Table B: Parking for the physically disabled
|Total number of parking bays||Required number of bays accessible to the physically disabled|
|1 - 50||1|
|51 - 100||2|
|101 - 150||3|
|151 - 200||4|
|For every additional 100 bays||1 additional parking bay|
46. Motorcycle and bicycle parking spaces
47. Loading requirements
Table C: Loading bays
|Land use||Floor area (m2)||No of loading bays|
|Offices||0 - 5 000||0|
|5 001 – 15 000||1|
|15 001 – 30 000||2|
|Every additional 30 000or part thereof||1 additional bay|
|Business premises other than offices, supermarket, indusrty||0 — 1 000||0|
|1 001 — 2 500||1|
|2 501 — 5 000||2|
|5 001 — 10 000||3|
|Every additional 10 000or part thereof||1 additional bay|
|Supermarket||0 — 500||1|
|501 — 1 000||2|
|1 001 and greater||3 x requirements for business premises other than offices, supermarket, industry|