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House Shop By-law, 2015
- Published in Western Cape Provincial Gazette no. 7521 on 3 November 2015
- Commenced on 3 November 2015
- [This is the version of this document from 25 November 2016 and includes any amendments published up to 9 December 2022.]
- [Amended by House Shop: Amendment on 25 November 2016]
PreambleWHEREAS section 156(2) and (5) of the Constitution provides that a municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions;AND WHEREAS Part B of Schedule 4 to the Constitution lists Municipal Planning as local government matters to the extent set out in section 155(6)(a) and (7);AND WHEREAS the Cape Agulhas Municipality seeks to manage, control and regulate municipal land use planning and any matters connected therewith;BE IT ENACTED by the Council of the Cape Agulhas Municipality, as follows:—To identify, classify and regulate house shops within the authority’s area of Jurisdiction
1. DefinitionsIn this by-law, unless the context otherwise indicates:"authorised official" means an employee of the Council appointed by the Municipal Manager to exercise the powers of an authorised official in terms of the provisions of this by-law;"approval period" means a maximum of five years in terms of the Standard Bylaws for Municipal Land Use Planning, after which an extension for the period must be applied for;"Council" means the municipal Council of the municipality;"house shop" means the operation of a retail business from a dwelling for the convenience of the immediate community by the registered owner of the dwelling, who must occupy the dwelling; provided that the primary use of the dwelling shall remain residential;"municipal manager" means a person appointed by the Council in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"municipality" means the Cape Agulhas Municipality;"national building regulations" means the National Building Regulations promulgated in terms of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);"public nuisance" means any act, omission or condition which is offensive to the public, which is detrimental to or dangerous for public health, which materially interferes with the ordinary comfort, convenience peace or quiet of the public or which adversely affects the safety of the public;"zoning scheme" means a zoning scheme promulgated in terms of the Land Use Planning Ordinance 15 of 1985 or the Integrated Zoning Scheme promulgated in terms of SPLUMA, 2013 (Act 16 of 2013);"zoning scheme regulations" means Section 7 and Section 8 of the Scheme Regulations in terms of the Land Use Planning Ordinance 15 of 1985 or the Integrated Zoning Scheme promulgated in terms of SPLUMA, 2013 (Act 16 of 2013);
2. Application of this by-law
3. Classification of house shops
4. Applications for house shops
5. Requirements for a house shop
7. Non-liability of the municipalityThe municipality shall not be liable for any direct or consequential loss or damage suffered or sustained by the owner of the house shop premises as a result of or arising from the approval of the house shop.
8. Compliance notices
9. ApplicationThe provisions of this by-law do not detract from the provisions of any other legislation in terms of which provision is made for the control of house shops as stipulated in that legislation.
10. Transitional arrangements
11. DelegationThe Municipal Manager may delegate any power or function conferred on the Municipal Manager in terms of the provisions of this by-law in writing to an official of the municipality.
12. Penalty clauses
13. Short title and commencementThis amended by-law is known as the Cape Agulhas Municipality House Shop By-law and comes into effect on the date of the publication thereof in the Provincial Gazette.
History of this By-law
25 November 2016 this versionAmended by House Shop: Amendment
3 November 2015Published in Western Cape Provincial Gazette no. 7521By-law commences.Read this version
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