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This is the latest version of this By-law.
Integrated Zoning Scheme By-law, 2016
- Published in Western Cape Provincial Gazette no. 7629 on 17 June 2016
- Commenced on 17 June 2016
- [Up to date as at 17 November 2020]
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—"ancillary" means a land use, purpose, building, structure or activity which is directly related to, and subservient to, the lawful dominant use of the property;"antenna" means any system of wires, poles, rods, reflective surfaces or similar devices, used to transmit or receive electronic communication signals or electro-magnetic waves;"applicant" means a person who makes application in terms of the Planning By-law;“atrium” means a covered courtyard that—(a)comprises a void within a building that extends for one or more floors in height which contains a floor and roof or ceiling; and(b)does not contain floors that penetrate into the void;"average ground level" means the average of the highest and lowest existing ground levels immediately abutting the external elevational plane or wall cutting into the ground of a building or vertical division of a building, and the Municipality may:(a)determine the average ground level from measurements supplied on a building plan; or(b)deem a level to be the average ground level based on measurements interpolated from a contour plan, local height benchmark or other information held by the Municipality; or(c)require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, in order to provide the Municipality with sufficient information so that it can determine the average ground level for the purpose of administering this By-law;"balcony" means a floor projecting outside a building at a level higher than that of the ground floor, enclosed only by low walls or railings or by containing walls of rooms abutting the projecting floor, and may include a roof over the projecting floor and pillars supporting the roof;"base level" of a building means an imaginary plane drawn horizontally at the average ground level of the building, or vertical division of the building;"base zone" means that zone which determines the lawful land use and development parameters for a land unit in terms of this zoning scheme, before the application of any overlay zone;"basement" means that space in a building between a floor and ceiling, including such floor or ceiling, which is protruding not more than 1,5m above any point on the existing ground level;"boundary" in relation to a land unit means one or more of the cadastral lines separating the land unit from another land unit or from a road reserve;"boundary wall" means any wall, fence or enclosing structure erected on or directly next to a cadastral property boundary, and any other structure, including security devices, such as spikes, barbed wire, razor wire or electric fences, affixed to or on top of a boundary wall;"braai room" means a room which is part of the main dwelling or outbuildings and is used primarily for entertainment purposes and where food and drinks may be prepared, but excludes a kitchen;"building" without in any way limiting its ordinary meaning, includes—(a)a roofed structure;(b)an external stair, step or landing of a building and a gallery, canopy, balcony, stoep, verandah, terrace, porch or similar feature of a building;(c)a wall or railing enclosing any feature referred to in paragraph (b); and(d)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;"cadastral line" means a line representing the official boundary of a land unit as recorded on a diagram or general plan approved by the Surveyor-General and registered in the Deeds Office;"canopy" means a cantilevered or suspended roof, slab or covering projecting from the wall of a building, excluding the floor of a balcony;"CapeNature" means the Western Cape Nature Conservation Board established in terms of the Western Cape Nature Conservation Board Act, 1998 (Act 15 of 1998);"caravan" means a vehicle which has been equipped or converted for living and sleeping purposes and which can be readily moved;"carport" means a structure for the storage of one or more vehicles that is covered by a roof, provided that not more than two sides may be permanently enclosed;"carriageway crossing", in relation to a motor vehicle carriageway crossing, means an entrance or exit way, or a combined entrance and exit way, from a land unit to a road;"commercial", in relation to a use right, means a use right for the express purpose of making a profit with no or limited social or charitable objectives;“common boundary”, in relation to a property, means a boundary common with the adjoining property other than a street boundary;"coverage" means the total area of a land unit that may be covered by buildings, expressed as a percentage of the area of such land unit, and shall include all roofed areas; provided that the following portions of buildings shall be disregarded in the calculation of coverage:(a)stoeps, entrance steps and landings;(b)open balconies and retractable awnings;(c)cornices, chimney breasts, pergolas, flower boxes, water pipes, drain pipes and minor decorative features not projecting more than 500 mm from the wall of the building; eaves not projecting more than 1 m from the wall of the building;(d)a basement, provided that the finished level of the top of the basement roof slab does not project above the existing ground level;"deemed zoning" means the zoning of a land unit which the Municipality deems it to have in circumstances where no formal zoning determination or rezoning was previously done;"dominant use" means the predominant or major lawful use of a property, and may consist of primary uses, consent uses or other lawful uses permitted on the property;"dwelling unit" means a self-contained, inter-leading group of rooms approved by the Municipality—(a)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 such a dwelling unit; and(b)does not include domestic staff quarters, or tourist accommodation or accommodation used as part of a hotel;"eave" means a portion of a roof projecting beyond the face of a building, including any gutters;"earth bank" means land that is shaped to hold back earth or loose rock;"ecosystem" means a self-sustaining and self-regulating community of organisms and the interaction between the organisms with one another and with their environment;"electronic or mechanical playing devices" means any electronic or mechanical or similar devices which are designed or used for the purpose of playing any game or for recreational or amusement purposes or where the operator or player is entitled to a limited pay out as determined by law and the operation involves the payment of consideration by insertion of a coin, token coin, disc or another manner of payment;"encroachment agreement" means an agreement between an owner and the Municipality relating to the projection of portions of a building or structure from the owner’s property onto or over the Municipality’s property;"entrance steps and landings" means steps and landings to a building, including any low walls and railings, if the steps and landings are not within the main containing walls of the building;"environmental management plan" means a plan that documents the management of site preparation, construction or operations affecting an environmental resource or an environmentally significant place, its environmental values or management requirements, or both, as per the requirements of the relevant National Environmental Legislation;"erection" in relation to a building or structure includes—(a)the construction of a new building or structure;(b)the alteration or conversion of, or addition to, a building or structure; and(c)the re-construction of a building or structure which has completely or partially been demolished;"existing ground level" means the level of the land surface on a land unit:(a)in its unmodified state, before any building had been erected or alterations in levels had been made thereon; or(b)as established from a plan indicating the contours of the land lodged with and accepted by an official agency such as the municipality or a government department, which depicts the existing level of the ground at or before the commencement date; or(c)in a state which has been graded, with the Municipality’s approval, for the purpose of development; or(d)as determined by the Municipality, if in its opinion it is not possible to ascertain the existing level of the ground due to irregularities or disturbances of the land; and the Municipality may require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, which shall be tied to the National Control Network, or where this is not possible, to provide at least two durable reference marks suitably located, in order to provide the Municipality with sufficient information so that it can determine the most appropriate existing ground level for the purpose of administrating this By-law;"family" means—(a)one or more individuals occupying a dwelling who are related through marriage or common law, blood relationship, legal adoption, or legal guardianship and unrelated domestic workers and boarders; or(b)a group of not more than 5 unrelated persons including domestic workers or boarders;"flood-prone area" means any land area susceptible to being inundated by water from any source;"floor" means the inner, lower surface of a room, garage or basement, and includes a terrace or atrium to which the occupants of a building have access;"floor factor" means the factor, expressed as a proportion of 1, which is prescribed for the calculation of the 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 floor factor by the area of the land unit;Maximum floor space = (Floor factor) × (Area of the land unit)"floor space", in relation to any building, means the area of a floor which is covered by a slab, roof or projection; provided that—(a)any basement or part of a basement not intended as habitable space shall be excluded;(b)any area which is reserved solely for parking or loading of vehicles shall be excluded;(c)external entrance steps and landings, a canopy, a stoep and an area required for external fire escapes are excluded;(d)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 metre beyond the exterior wall or similar support, is excluded;(e)any uncovered internal courtyard, light well or other uncovered shaft which has an area in excess of 10 m² is excluded;(f)any covered paved area outside and immediately adjoining a building at or below the ground floor level, where such paved area is part of a forecourt, yard, external courtyard, pedestrian walkway, parking area or vehicular access, and which is permanently open to the elements on at least the front or long side, is excluded;(g)any covered balcony, verandah or terrace which, apart from protective railings, is permanently open to the elements on at least the front or long side, and which does not exceed 2,5 metres in width, is excluded;(h)subject to paragraph (i), any stairs, stairwells and atriums that are covered by a roof are included;(i)in the case of multi-level buildings, any stairwells, lift wells, light wells or other wells, and any atrium, are only counted once; and provided further that—(i)floor space is measured from the outer face of the exterior walls or similar supports of the multi-level building; and(ii)the total floor space is the sum of the floor space of all the levels of the multi-level building, including that of any basement;"garage" means a building for the storage of one or more motor vehicles, and includes a carport but does not include a motor repair garage or service station;"GLA" means gross leasable area being the total floor space designed for, or capable of, occupancy or control by tenants, measured from the centre line of the joint partitions to the inside finished surface of the outside walls, but excludes public toilets, internal walkways, lift shafts, service ducts, interior parking and loading bays and shall exclude the following:(a)areas reasonably used in connection with the cleaning, maintenance and care of the building, excluding dwelling units for caretakers, supervisors, cleaners or maintenance staff;"greenhouse" means a structure with the sides primarily made of a transparent material such as glass, perspex or plastic for the purpose of growing of plants or hastening growth of plants under controlled environmental conditions;"ground floor" means the lowest floor of a building that is not a basement;"gross density" means a measure of the number of dwelling units in a specified area, and is calculated as follows:Gross dwelling density (units per hectare) = Total number of dwelling units in a specified area / Extent of specified area in hectares;"hazardous substance" has the same meaning as “grouped hazardous substance” as defined in section 1 of the Hazardous Substances Act, 1973 (Act 15 of 1973);"height" of a building means a vertical dimension from a specified level to another specified level, as set out in the development rules of a zoning/land use category, measured in metres; provided that chimneys (maximum horizontal dimension of 1.5m), flues (maximum horizontal dimension of 1m), lift shafts (maximum horizontal dimension of 2.5; maximum vertical dimension of 3m), masts and antennas shall not be counted for the purposes of height control;"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 Use Planning Act" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014);"landscaping" means the placement of plants, contoured features, water features, paving, street furniture and other soft and hard elements for the purposes of enhancing the aesthetic appeal, environmental management, amenity and value of a property or area;"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 which is situated within a particular zone; provided that, where the land unit is situated within two or more zones to which different floor factors apply, the maximum floor space for the whole land unit is the total of the maximum floor space for each zoned portion of the land unit;"mineral" means a substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth or under water and which was formed by or subjected to a geological process, and includes sand, stone, rock, gravel, clay, soil and any material occurring in residue stockpiles or in residue deposits, but excludes—(a)water, other than water taken from land or sea for the extraction of any mineral from such water; or(b)petroleum."motor vehicle" means a wheeled vehicle designed or used for propulsion by means of an internal combustion or electrical engine, and includes a motor cycle, trailer or caravan, but excludes a vehicle moving exclusively on rails;"Municipality" means the Bergrivier Municipality, established by Establishment Notice issued in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and any employee of the Municipality acting in terms of delegated or sub-delegated authority of the Municipality;"National Building Regulations" means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act 107 of 1998);"natural ground level" see 'average ground level' or 'existing ground level';"noise level" means a reading on an integrated impulse sound level meter taken in accordance with accepted scientific principles as described in applicable legislation;"non-conforming use" means an existing land use that was lawful in terms of a previous zoning scheme but that does not comply with this zoning scheme;"occasional use" in relation to a departure, means a right to utilise land for a purpose granted on a temporary basis for a specific occasion or event;"occupant" means any person who legally inhabits a land unit;"occupational health and safety law" means the Occupational Health and Safety Act, 1993 (Act 85 of 1993) or municipal by-laws governing occupational health and safety, whichever is applicable;"outbuilding" means a structure, whether attached or separate from the main building, which is normally ancillary and subservient to the main building on a land unit, and includes a building which is designed to be used for the garaging of motor vehicles, and any other normal activities in so far as these are usually and reasonably required in the connection with the main building, but does not include a second dwelling;"outdoor advertising" means the act or process of notifying, warning, informing, making known or any other act of transferring information in a visible manner and which takes place outdoors;"overlay zone" means a category of zoning applicable to a particular area or land unit that—(a)stipulates development parameters or use rights in addition to the base zoning requirements, which may be more or less restrictive; and(b)may include provisions and development parameters relating to primary uses, or consent uses, provisions in the base zone, subdivision and subdivisional areas, development incentives, density limitations, urban form, urban renewal, heritage and environmental protection, management of the urban edge, scenic drives or local areas, coastline setbacks (where coastlines are involved) or any other purpose, as set out in this zoning scheme;"owner" in relation to land, means—(a)the person or entity in whose name the land is registered in a deeds registry in terms of the Deeds Registries Act, 1937 (Act 47 of 1937) or in whom the ownership of the land vests;(b)the holder of a registered servitude right or registered lease;(c)any successor in title of the owner; and(d)a person authorised by a power of attorney to act on behalf of the owner;"package of plans" means the hierarchy of plans specified in terms of the provisions of this zoning scheme, and applies to areas generally referred to as Special Planning Area Overlay Zones;"parapet" means a low projection, wall or moulding which finishes the uppermost edge of a building with a flat or low pitched roof;"parking bay" means an area measuring not less than 5 metres × 2,5 metres for perpendicular or angled parking and 6 metres × 2,5 metres for parallel parking, which is clearly identified and demarcated for the parking of one motor vehicle and may be provided in the form of a garage or carport, and which is accessible for easy and safe vehicle movement;"pergola" means any unroofed horizontal or approximately horizontal grille or framework and associated vertical support structure, such that the area in the horizontal projection of its solid portions does not exceed 25% of the total area;"Planning By-law" means the Planning By-law adopted by the Municipality;"planning law" means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), Land Use Planning Act, Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985), the Planning By-law or succeeding legislation governing land use planning in the Western Cape, whichever is applicable;"plaza" means an urban open space or square, primarily designed for outdoor use by pedestrians;"policy plan" means a policy adopted by the Municipality, structure plan, spatial development framework or other policy plan approved in terms of planning law;"porch" means a roof (not being the floor of a balcony) projecting from the outside of a building above a doorway, and forming a covered entrance to the building, and includes any paved area underneath such a roof, and any low walls or railings enclosing that paved area, and any pillars supporting such a roof;"porte cochère" means a covered entrance large enough for vehicles to pass through, typically opening into a courtyard or a porch where vehicles stop to set down passengers;"port" means a port as defined in section 1 of the National Ports Act, 2005 (Act 12 of 2005);"precinct plan" means a plan, approved by the Municipality, as envisaged in this zoning scheme as a component of a package of plans;"premises" means any shop or restaurant within a building that is not linked in any manner or way with another shop or restaurant in the same building;"previous zoning regulations" means 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 zoning scheme as a primary use, being a use that is permitted within a zoning without the need to obtain the Municipality’s approval;"property" means land together with any improvements or buildings on the land;"provincial road" means a road that is under the jurisdiction of the provincial roads authority;"protected area" means a protected area as defined in section 1 of the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003);"pub" means an establishment for the sale of predominantly alcoholic beverages, and sometimes also food, to be consumed on the premises and is also known as a tavern or bar;"public authority" means a state department, local authority or other organ of state;"public nuisance" means any act, omission or condition which, in Council’s opinion is offensive, injurious or dangerous to health, materially interferes with the ordinary comfort, convenience, peace or quiet of the public, or which adversely affects the safety of the public, having regard to the reasonableness of the activities in question in the area concerned, and the impacts which result from these activities;"public place" means any open or enclosed place, park, street, road or thoroughfare or other similar area of land shown on a general plan or diagram that is for use by the general public and is owned by, or vests in the ownership of, a municipality, and includes a public open space and a servitude for any similar purpose in favour of the general public;"public street" means any land indicated on an approved plan, diagram or map as having been set aside as a public thorough way for vehicles and pedestrians, of which ownership as such vests in the Municipality in terms of the relevant Planning Law, or in terms of any other law;"refuse room" means a defined screened refuse receptacle from where refuse is collected from time to time, usually on a weekly basis;"registered land surveyor" means a professional land surveyor or professional surveyor, registered as such in terms of the Professional and Technical Surveyors’ Act, 1984 (Act 40 of 1984) or in terms of the new Geomatics Profession Act, 2013 (Act 19 of 2013) when it comes into effect;"retaining structure" means a wall or structure constructed to hold back earth or loose rock;"road" includes a public street or a private road;"road reserve" means the designated area of land that contains a public street or private road (including the road and associated verge), which land may or may not be defined by cadastral boundaries;"satellite dish antenna" means apparatus fixed to a structure or mounted permanently on the ground, that is capable of receiving or transmitting communications from a satellite;"scenic drive" means a public street which is designated as a scenic drive by the Municipality in recognition of the high visual amenity alongside that public street, including background vistas of a mountain, open country, a coastline or a town;"service yard" means a defined screened area providing utility services for, amongst others, general residential developments which include facilities such as washing lines;"shipping or transport container" means a large, weatherproof container used for the transport of goods by sea, rail or road, that is usually stored in the open when not in use;"sign" means any sign, sign-writing, mural, graphic design, signboard, screen, blind, boarding or other device by means of which an advertisement or notice is physically displayed, and includes any advertisement or object, structure or device which is in itself an advertisement or which is used to display an advertisement;"site development plan" means a scaled and dimensioned plan that shows details of the proposed development including the site layout, positioning of buildings and structures, property access, building designs and landscaping;"spatial development framework" refers to a provincial spatial development framework, a provincial regional spatial development framework, or a municipal spatial development framework or municipal local spatial development framework;"stoep" means an uncovered paved area or projecting floor outside and immediately adjoining a building, at or below the level of the ground floor of the building, and includes any low walls or railings enclosing the paved areas or floors;"storey" means that portion of a building between the surface of any floor and the surface of the next floor above; or, if there is no floor above the ceiling, then up to the ceiling; provided that, unless the contrary appears clearly from the provisions of this by-law—(a)a basement does not constitute a storey;(b)a roof, or dome which forms part of a roof, does not constitute a separate storey unless the space within the roof or dome is designed for, or used for, human occupation or other living or entertainment purposes, in which case it is deemed to be a storey;(c)the utilisation of an open roof area does not constitute a separate storey; however, should any means of coverage or fixtures such as a Jacuzzi, swimming pool or built-in braai be added to the roof of a building in a single residential zone, such area is regarded as an additional storey;(d)any storey which is greater than 4 metres, measured from the finished floor level to the finished floor level of the storey above, or to the ceiling in the case of a top storey, but equal to or less than 6 metres in height is, for the purpose of the height measurement, regarded as two storeys, and every additional 4 metres in height or portion thereof, is regarded as an additional storey; and(e)in counting the number of storeys of a building, the ground floor is the first storey and the next floor above is the second storey;"storm water" means water resulting from natural processes, the precipitation or accumulation of such water, and includes groundwater and spring water ordinarily conveyed by the storm water system, as well as sea water within estuaries, but excludes water in a drinking-water or waste-water reticulation system;"storm water system" means constructed and natural facilities, including pipes, culverts and water courses, used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use or disposal of storm water;"street boundary" means the boundary between a land unit and a public street or private road;"street centreline setback" means the line delimiting the area measured from the centre line of a particular public street, within which no building or other structure, including a boundary fence, may be erected;"structure" without in any way limiting its ordinary meaning, includes any building, shelter, wall, fence, pillar, tower, pergola, steps, landing, terrace, sign, ornamental architectural feature, swimming pool, fuel pump or underground tank, any building ancillary to service infrastructure provision, and any portion of a structure;"terrace" means an area to which occupants of a building have access, created on a flat roof over a portion of the building, resulting from the setting back of part of the building above that portion;"top of the roof", for the purpose of height control, means the top of the roof ridge in the case of a pitched roof, or the top of the parapet where a parapet extends above the roof;"total floor space" of a building means the sum of the floor space of all the levels of a particular building, including basements;"urban edge" means a demarcated line which is designated as an urban edge in terms of an approved policy or plan, which may follow cadastral boundaries or not;"used" in addition to its ordinary meaning, includes “designated or intended to be used”;"verandah" means a covered area (not being an area which is part of a yard or parking area) or projecting floor outside and immediately adjoining a building at or below the level of the ground floor of such a building, and includes both the covered area or floor and the roof or other feature covering it, as well as any low walls or railings enclosing the covered area or floor;"vertical division" of a building means a portion of the building bounded by external and/or internal walls, with or without openings, which portion is by design clearly identifiable as a logical vertical component from other portions of the building. The Municipality may deem that a building is divided into vertical divisions, where every such division shall have a separate base level for the purpose of administrating this zoning scheme;"wall plate" means the lowest point of a longitudinal member, bar, rafter, beam, truss, bracket, pillar, post, structure or any other similar device, as determined by the Municipality, which supports a roof;"watercourse" means –(a)a river or spring;(b)a natural channel or depression in which water flows regularly or intermittently;(c)a wetland, lake or dam into which, or from which, water flows; and(d)any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse as defined in the National Water Act, 1998 (Act No. 36 of 1998) and a reference to a watercourse includes, where relevant, its bed and banks; (National Environmental Management Act, 1998 (Act 107 of 1998))"youth hostel" means a place providing cheap accommodation, aimed mainly at young tourists;"zoning" includes base zoning and overlay zoning;"zoning scheme of the Municipality" means the components referred to in section 4 adopted by the Municipality for the regulation of land use.
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—(a)enable the municipal spatial development framework;(b)make provision for orderly development and the welfare of the community; and(c)determine use rights and development parameters, with due consideration of the principles referred to in the Land Use Planning Act.
4. Components of zoning schemeThe zoning scheme consists of the following components:(a)this by-law;(b)the zoning scheme map; and(c)the register.
5. Use zones
6. Zoning scheme map
7. Transition to new use zones and savings
8. Rectification of errors on zoning scheme map
9. Zoning scheme registerThe Municipality—(a)must record all departures, consent uses or other permissions granted and non-conforming uses in the register;(b)may keep the register from the date of commencement of the zoning scheme in an electronic format; and(c)must make the register available to members of the public for viewing.
10. 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.
11. Consent usesConsent uses of land permitted in each use zone, with the Municipality’s prior consent in terms of its Planning By-law, is listed in the corresponding part of column 3 of the table set out in Schedule 1.
12. Occasional uses
13. Non-conforming uses
14. 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:(a)if the land is transferred to an abutting land owner, that portion of the land falls in the same zone as that of the abutting land belonging to the abutting owner; or(b)the Municipality must determine which zoning applies to the land if—(i)the land is transferred to an abutting land owner and that owner owns abutting properties falling into more than one zone; or(ii)in any other case not provided for in this section.
15. Purpose of overlay zones
16. 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, 2000 (Act 32 of 2000) and section 25 of the Land Use Planning Act.
Distances, heights, levels and boundaries
Measuring distances, height and levels
17. Methods of measuring distances, height and levelsThe following provisions apply with regard to measuring distances, levels or height:(a)If required by the Municipality, the owner or applicant shall appoint a registered surveyor to supply or verify information necessary for the Municipality to make a decision about compliance with distances or levels required in terms of this by-law.(b)Where reference is made or implied to the distance between boundaries or between a building and a boundary, this distance shall be measured in the following manner:(i)The boundary or boundaries and all points of the building shall be projected onto a horizontal plane, and all measurements shall be made on such a plane; and(ii)The distance between a point on a building and a boundary shall be measured at the shortest distance between the point and the boundary.(c)Where reference is made to a portion of a boundary ‘opposite a building’, such portion shall be defined by drawing lines in the manner described in paragraph (b) from points on such building, at right angles to such boundary.(d)Any post-construction deviation from a height restriction that does not exceed 300 mm will not be considered a contravention of the provisions of this zoning scheme, provided that this deviation provision does not apply for the purposes of making an application.(e)If there is doubt about the height of a building or structure, the Municipality may require the owner to appoint a registered surveyor to:(i)certify the actual height of the building or structure in accordance with the provisions of this zoning scheme;(ii)certify if a building or structure is in contravention of the provisions of this zoning scheme; and(iii)certify that all structures on the property comply with the height restrictions applicable to the property.(f)Where reference is made to a distance, ground level, height of a point on a building or other measurement, then such distance, level or height shall be calculated in accordance with recognised geometric principles, and for the purposes of determining contours, from any data set held by the Municipality at or before the commencement date or any data set so determined by the Municipality. In any case where the distance, level or height involved is so irregular that calculation in accordance with these principles is impractical or leads to a result which is clearly not in accordance with the intent of the By-law, the Municipality shall determine the distance, level or height concerned for the purpose of administering this By-law.
18. Determining boundaries of use zonesIf uncertainty exists as to the boundaries of use zones, the following parameters apply in the order listed:(a)boundaries shown as following or approximately following any public street or road must be construed as following the street cadastral boundary;(b)boundaries shown as following or approximately following any land unit boundary must be construed as following that boundary;(c)boundaries shown as following or approximately following natural features must be construed as following those features; and(d)in the event of further uncertainty as to the boundaries of a use zone, the Municipality must make a determination.
19. Offences, penalties and enforcement of this by-law
Development of land
20. Development parameters applicable to use rights
This part contains general provisions and parameters that apply to all zones or to specific zones as may be provided for. It includes matters such as encroachments that may occur within building lines and requirements for site development plans. It refers to hazardous substances, owners’ associations, screening, retaining structures, outdoor storage, antennae systems and other municipal by-laws. This part also contains requirements for parking, loading, access and infrastructure. There are also provisions relating to the subdivision of land.
21. Encroachment of building lines
22. Street centreline setbackThe portion of a land unit falling within a street centreline setback area is excluded for the purpose of determining coverage and maximum floor space, unless the owner transfers the portion concerned to the Municipality free of charge. In such case, the portion must be included for the purpose of determining coverage or maximum floor space on a land unit.
23. Site development plans
24. Hazardous substances
25. ScreeningThe Municipality may require screening in accordance with the following provisions:(a)any part of a land unit which is used for the storage or loading of goods must be enclosed with a suitable wall or landscape screening or both; and(b)any external utility service or equipment which is required for a building must be appropriately screened from view from a public street, and the screening must be integrated with the building in terms of materials, colour, shape and size.
26. Earth banks and retaining structuresUnless the prior approval of the Municipality has been obtained—(a)no earth bank, retaining structure, column, suspended floor, other device or series of such devices may be constructed that enables the ground floor of a building to be raised more than 0,5 metres above natural ground level, provided that where the raising takes place, the height must still be measured from natural ground level, excluding infill for a driveway; and(b)earth banks and/or retaining structures will be dependent on complying with engineering specifications and building plan approval by the Municipality.
27. Boundary wallsIn the absence of an approved site development plan, architectural guidelines or relevant policy, following development parameters apply to boundary walls:(a)HeightThe maximum height in all cases is 2,1 metres.(b)Permeability(i)60% of a residential street boundary wall must be permeable; and(ii)80% of a street boundary wall in other areas must be permeable.
28. Maintenance of propertyProperty must be properly maintained by the owner or occupier and may not—(a)Contain an unsightly accumulation of papers, cartons, garden refuse, rubble or other waste material, as may be determined by the Municipality;(b)contain an accumulation of motor wrecks or un roadworthy vehicles or used motor parts, unless these are part of a primary or consent use in terms of this zoning scheme;(c)contain outdoor storage of building material, appliances or similar items unless these—(i)form part of a primary or consent use in terms of this zoning scheme;(ii)are temporarily being stored for the purpose of construction in accordance with a valid building plan approval; or(iii)are being stored in conjunction with the holding of a yard or garage sale with a duration of not more than two consecutive days.
29. Parking of vehicles and water crafts 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—(a)there is adequate space on the property concerned;(b)no more than one commercial vehicle per dwelling unit may be parked on the property;(c)the gross weight of any such commercial vehicle may not exceed 3 500 kg; and(d)the parking space provided for a water craft may not exceed 8m (± 26ft) in width and 15m (± 59ft) in length.
30. Mobile homes and caravans
31. Rooftop base telecommunication stations and satellite dish antenna systems
32. Geysers and solar panels or similar infrastructure affixed to the roof of a buildingAny 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.
33. 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 exceed a height of 2 metres above the wall plate.
34. Parapet walls
35. ChimneysChimneys may not extend higher than 1 metre above the highest point of the roof of a dwelling house or dwelling unit.
36. Telecommunication and electrical transmission linesAny land unit, irrespective of its zoning, as a primary right, may allow telecommunication and electrical transmission lines to traverse it, as may be reasonably required by the municipality or a public authority.
37. Electronic or mechanical playing devicesElectronic or mechanical playing devices are permitted in accordance with the applicable legislation and approved municipal policy.
38. 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.
39. Animals in urban areasNo animals may be kept for commercial purposes on a land unit.
40. Hobbies in single and general residential zonesWhen exercising a hobby in all single and general residential zones, the dominant use of the dwelling house or dwelling unit must be for the living accommodation of a single family, provided that—(a)no portion of the dwelling, may be used for the purposes of a noxious trade, risk activity or sale of alcoholic beverages;(b)in addition to paragraph (a), the following uses are not classified as hobbies:(i)activities conforming to the definition of a shop;(ii)undertaker;(iii)animal care centres;(iv)escort agencies or adult entertainment;(v)tow-in services;(vi)places of entertainment;(vii)hospitals or clinics;(viii)places of instruction;(ix)motor vehicle repairs;(x)panel beating or spray painting;(xi)parcel delivery services;(xii)shooting ranges or shooting instructions;(xiii)butcheries;(xiv)taxi businesses;(xv)fishmongers;(xvi)vehicle rental agencies;(xvii)manufacturing of concrete products;(xviii)transport contractors;(xix)house shops;(xx)house taverns;(xxi)coal and wood merchants;(xxii)the training, breeding and/or coop facilities for homing pigeons; or(xxiii)any other industry which, in the opinion of the Municipality, does not fit in the particular environment or is of such nature that it must be located on a suitably zoned premises;(c)no goods may publicly be displayed and no external evidence of the hobby may be visible from the street;(d)no advertising may be displayed;(e)any public exhibition of hobby items or activities on the residential property must:(i)be preceded by a written consent from the Municipality; and(ii)during such an event, temporary parking must be provided on the land unit in accordance with the parking requirements of this By-law and appropriate traffic regulating measures must be put in place;(f)an activity associated with a hobby may not occupy more than 25% of the total floor area of the dwelling on the property or 60 m², including storage;(g)the Municipality may restrict the operating hours relating to the hobby, if the activity proves to be a nuisance to residents in the area; and(h)any new structure, or alteration to the existing dwelling or outbuilding, must conform to the residential character of the area concerned.
Parking and loading
41. Off-street parking requirementsIf parking requirements are not stipulated for a particular use, or in terms of a specific condition imposed by the Municipality, parking must be provided at a minimum ratio in accordance with the table entitled “Minimum off-street parking requirements”—(a)the Municipality must determine off-street parking requirements for land uses not stipulated in the table “Minimum off-street parking requirements”;(b)the second column in the table “Minimum off-street parking requirements” refers to requirements that apply to areas with standard parking needs, or if public transport is not specifically promoted or available; and(c)off-street parking space must be provided—(i)on the property for which parking is required;(ii)subject to the Municipality’s approval, in public parking facilities available in the vicinity; or(iii)in accordance with the table “Minimum off-street parking requirements”.
Minimum off-street parking requirements
|Land use||Standard areas|
|Main dwelling house
(Single Residential Zone I)
|1 bay per dwelling unit|
|Double dwelling house||1 bay per dwelling unit|
|Second dwelling||1 bay per 2nd dwelling unit|
|Group house dwelling||1,75 bays per dwelling unit, plus 0,25 bays per dwelling unit for visitors|
|Town house dwelling||1,75 bays per dwelling unit, plus 0,25 bays per dwelling unit for visitors|
|Flats||1,75 bays per dwelling unit, plus 0,25 bays per dwelling unit for visitors|
|Bed and breakfast establishment||1 additional bay per guest room|
|Boarding house, guest house||1 additional bay per guest room|
|Backpackers’ lodge||1 bay per 6 beds|
|Hotel||0.75 bays per bedroom, plus 20 bays if licensed|
|Retirement home, orphanage||0.5 bays per bedroom|
|Crèche||1 bay per 10 children, plus stop and drop facility|
|School||1 bay per classroom or office, plus stop and drop facility|
|Place of instruction (post-school level)||0,5 bays per student, plus 1 bay per classroom or office|
|Library, museum||2 bays per 100 m² GLA|
|Place of assembly, place of worship, place of entertainment, funeral parlour||1. bay per 8 seats or persons, calculated at 1,4 m² floor area = 1 person|
|Sport stadium||1 bay per 8 seats or persons|
|Recreation, sports complex||1 bay per 8 seats or persons|
|Gymnasium, health club||3 bays per 100 m² GLA|
|Hospital (general and private)||1 bay per bed, plus 1 bay per consulting room|
|Clinic, medical consulting rooms||2 bays per consulting room|
|Service trade||3 bays per 100 m² GLA|
|Shops (excluding supermarket)||3 bays per 100 m² GLA|
|Supermarket, shopping centre||3 bays per 100 m² GLA|
|Restaurant||3 bays per 100 m² GLA|
|Offices||3bays per 100 m² GLA|
|Conference centre||1 bay per 8 seats|
|Motor showroom and service centre||2 bays per 100 m² GLA|
|Open air motor vehicle display||2 bays per 100 m² GLA|
|Motor repair garage, service station||4 bays per service bay, minimum 8 bays|
|Motor fitment centre||2 bays per service bay|
|Light industry||1 bay per 200m² GLA|
|Industry||1 bay per 200m² GLA|
|Industrial hive||1 bay per 200m² GLA|
|Warehouse, storage building||1 bay per 200m² GLA|
42. Alternative parking supply
43. 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—(a)the Municipality is satisfied that the utilisation of the same parking area by the different use types or activities in the zones will not result in a concurrent use of the parking area; and(b)bays intended for combined uses may not subsequently be reallocated to other uses without the approval of the Municipality.
44. Site access and exits
Width of motor vehicle carriageway crossings
|Type of carriageway crossing||Minimum width||Maximum width|
|Single entrance or exit way||2,7 metres||6 metres|
|Combined entrance and exit way||5 metres||10 metres|
45. Parking layout requirements
46. Parking for the physically disabled
Physically disabled accessible parking
|Total no of parking bays||Required number of bays accessible to the physically disabled|
|For every additional 100 bays||1 additional parking bay|
47. Motorcycle and bicycle parking spaces
48. Loading requirements
Minimum off-street loading bay requirements
|Land use||Floor area (m²)||Number of loading bays|
5 001–15 000
15 001–30 000
Every additional 30 000 or part thereof
1 additional bay
|Business premises other than offices, supermarket, industry||0–1 000
1 001–2 500
2 501–5 000
5 001–10 000
Every additional 10 000 or part thereof
1 additional bay
1 001 and greater
3 × requirements for business premises other than offices, supermarket, industry
Refuse rooms and service yards
49. Refuse roomsThe Municipality may, for the purposes of collecting refuse, require the owner to install a refuse receptacle on a property which—(a)is of sufficient size to accommodate the refuse generated from the property for one week;(b)is located adjacent to a public street, or in a position which will provide acceptable access to a refuse collection vehicle;(c)is designed in a manner that is architecturally compatible with the other structures on the property and will screen refuse bins from public view; and(d)comply with any other conditions or standard requirements that the Municipality may impose relating to access, health, pollution control, safety or aesthetics.
50. Service yardsThe Municipality may require the owner to install a screened area providing utility services like washing lines for residential developments, which—(a)is designed in a manner that is architecturally compatible with the other structures on the property and will screen refuse bins from public view; and(b)complies with any other conditions or standard requirements that the Municipality may impose relating to access, health, pollution control, safety or aesthetics.
- Entire By-law
- Chapter 1 – Interpretation
Chapter 2 – Zoning scheme, use zones and uses
- 2. Application of zoning scheme
- 3. Purpose of zoning scheme
- 4. Components of zoning scheme
- 5. Use zones
- 6. Zoning scheme map
- 7. Transition to new use zones and savings
- 8. Rectification of errors on zoning scheme map
- 9. Zoning scheme register
- 10. Primary uses
- 11. Consent uses
- 12. Occasional uses
- 13. Non-conforming uses
- 14. Deemed zoning of closed public places
- Chapter 3 – Overlay zones
- Chapter 4 – Distances, heights, levels and boundaries
- Chapter 5 – Enforcement
- Chapter 6 – Development of land
Chapter 7 – General provisions
- 21. Encroachment of building lines
- 22. Street centreline setback
- 23. Site development plans
- 24. Hazardous substances
- 25. Screening
- 26. Earth banks and retaining structures
- 27. Boundary walls
- 28. Maintenance of property
- 29. Parking of vehicles and water crafts in residential zones
- 30. Mobile homes and caravans
- 31. Rooftop base telecommunication stations and satellite dish antenna systems
- 32. Geysers and solar panels or similar infrastructure affixed to the roof of a building
- 33. Equipment on top of building
- 34. Parapet walls
- 35. Chimneys
- 36. Telecommunication and electrical transmission lines
- 37. Electronic or mechanical playing devices
- 38. Utilisation of outbuildings
- 39. Animals in urban areas
- 40. Hobbies in single and general residential zones
- Chapter 8 – Parking and loading
- Chapter 9 – Refuse rooms and service yards
History of this By-law
17 June 2016 this versionPublished in Western Cape Provincial Gazette no. 7629By-law commences.