CITY OF UMHLATHUZE

EFFECTIVE DATE: 7 JANUARY 2014

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 TABLE OF CONTENTS
1 SECTION 1 : INTRODUCTION TO THE SCHEME ................................... 8
1.1 CONTEXT FOR THE PREPARATION OF SCHEMES ....................................................... 8
1.2 TITLE AND STRUCTURE OF THE SCHEME ..................................................................... 9
1.2.1 SCHEME REGULATIONS......................................................................................... 9
1.2.2 AREA OF THE SCHEME AND SCHEME MAPS .......................................................... 10
1.2.3 MANAGEMENT OVERLAYS ................................................................................... 11
1.3 RESPONSIBLE AUTHORITY ............................................................................................ 12
1.4 PURPOSE OF THE SCHEME ............................................................................................. 12
1.5 EFFECTIVE DATE............................................................................................................... 13
1.6 INSPECTION OF THE SCHEME ....................................................................................... 13
1.7 STATUS OF THE SCHEME ................................................................................................ 13
1.8 AMENDMENTS TO THE SCHEME................................................................................... 15
1.9 APPLICATIONS FOR THE USE AND DEVELOPMENT OF LAND .............................. 15
1.9.1 GENERAL PROVISIONS ......................................................................................... 15
1.9.2 APPLICATION FOR THE PERMISSION OF THE COUNCIL .......................................... 16
1.9.3 APPLICATION FOR THE APPROVAL OF THE COUNCIL............................................. 16
1.9.4 APPLICATION FOR THE FORMAL AUTHORITY OF THE COUNCIL ............................. 16
1.9.5 APPLICATION FOR THE CONSENT OF THE COUNCIL ............................................... 17
1.9.6 CANCELLATION OR MODIFICATION OF COUNCIL’S CONSENT OR FORMAL
AUTHORITY ......................................................................................................... 17
1.10 CONTRAVENTIONS OF THE SCHEME ........................................................................... 18
2 SECTION 2 : LAND USE ZONES ............................................................... 20
2.1 THE RURAL SCHEME ........................................................................................................ 20
2.1.1 AGRICULTURE AND RURAL .................................................................................. 20
2.2 THE URBAN SCHEME ....................................................................................................... 31
2.2.1 CIVIC AND SOCIAL................................................................................................ 31
2.2.2 ENVIRONMENTAL SERVICES................................................................................. 41
2.2.3 MIXED-USE / COMMERCIAL ................................................................................. 49
2.2.4 OFFICES ............................................................................................................... 63
2.3.1 SERVICE STATION AND DIRECT ACCESS FILLING STATION ...................................... 69
2.3.2 INDUSTRIAL, HARBOUR AND MINING .................................................................. 73

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UMHLATHUZE SCHEME
2.3.3 RESIDENTIAL ....................................................................................................... 91
2.3.4 HOTELS AND RESORTS ....................................................................................... 110
2.3.5 TRANSPORTATION ROUTES OR CORRIDORS ....................................................... 118
2.3.6 TRANSPORTATION TERMINALS .......................................................................... 123
2.3.7 PARKING ........................................................................................................... 133
2.3.8 UTILITIES AND SERVICES .................................................................................... 135
2.3.9 UNDETERMINED................................................................................................ 143
3 PART 3 : GENERAL CONTROLS ............................................................ 145
3.1 PROVISIONS APPLICABLE TO DESIGN AND DEVELOPMENT OF SITES ............ 145
3.1.1 GENERAL MATTERS FOR CONSIDERATION DURING SITE DESIGN AND
DEVELOPMENT .................................................................................................. 145
[Link] DEVELOPMENT PLANS ......................................................................................................................... 145
[Link] RESTRICTION ON AREAS LIKELY TO BE SUBJECT TO FLOODING, GEOTECHNICALLY CONSTRAINED
AREAS AND STEEP SLOPES ................................................................................................................... 145
[Link] RESTRICTION ON ENVIRONMENTALLY SENSITIVE AREAS .................................................................... 146
[Link] RESTRICTION ON AREAS THAT MAY BE SUBJECT TO POLLUTION ....................................................... 146
[Link] UN-SERVICED AREAS............................................................................................................................ 147
[Link] ROADS, ACCESS, SURFACES AND DRAINAGE ....................................................................................... 148
[Link] TRAFFIC GENERATING SITES ................................................................................................................ 148
[Link] WASTE MANAGEMENT ........................................................................................................................ 148
[Link] PROVISION OF PUBLIC FACILITIES........................................................................................................ 148
3.1.2 SITE SPECIFIC DESIGN ........................................................................................ 149
[Link] SITE DEVELOPMENT PLANS ................................................................................................................. 149
[Link] GENERAL PROVISIONS APPLICABLE TO SITE DESIGN ........................................................................... 150
[Link] BUILDING LINES, SIDE AND REAR SPACES ........................................................................................... 150
[Link] PARKING REQUIREMENTS .................................................................................................................. 152
[Link] LOADING REQUIREMENTS ................................................................................................................... 161
[Link] ADDITIONAL MATTERS FOR CONSIDERATION DURING SITE DESIGN AND DEVELOPMENT –
SUBSTANTIAL DEVELOPMENTS ........................................................................................................... 165
[Link] SUB-DIVISIONAL DESIGN STANDARDS ................................................................................................. 166
[Link] PERMANENT CLOSURE OF STREETS AND PUBLIC PLACES ................................................................... 167
[Link] EXTERNAL APPEARANCE AND APPROVAL OF BUILDINGS ................................................................... 167
3.2 PROVISIONS APPLICABLE TO THE USE OF SITES .................................................. 168
3.2.1 DEPOSITING OF WASTE MATERIAL..................................................................... 168
3.2.2 WELLS AND BOREHOLES .................................................................................... 168
3.2.3 ADVERTISING .................................................................................................... 168
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3.2.4 MAINTENANCE OF PREMISES............................................................................. 168
3.2.5 DAMAGE TO THE FURNITURE OR OTHER ELEMENTS OF STREET RESERVE ........... 169
3.2.6 OCCATIONAL USE OF LAND AND/OR BUILDINGS ................................................ 169
3.2.7 TEMPORARY USE OF LAND IN ANY USE ZONE .................................................... 170
3.2.8 ADDITIONAL CONTROLS APPLICABLE TO DWELLING UNITS AND THE SITES THEREOF
......................................................................................................................... 170
[Link] MOTOR VEHICLES ON PREMISES OF A DWELLING .............................................................................. 171
[Link] USE OF BUILDING OR ROOMS OTHER THAN HABITABLE ROOMS AS A DWELLING ............................ 171
[Link] ACCOMMODATION OF A CARETAKER OR EMERGENCY PERSONNEL .................................................. 171
[Link] USE OF DWELLING UNITS FOR CONDUCTING A HOME ACTIVITY OR BUSINESS ................................. 171

4 PART 4 : ADDITIONAL PROVISIONS, CONTROLS AND

RESTRICTIONS APPLICABLE TO LAND USE ZONES AND/OR LAND
USES ............................................................................................................. 174
4.1.1 CONTROLS AND PROVISIONS APPLICABLE TO AGRICULTURAL OR RURAL LAND
ZONINGS AND/OR LAND USES. .......................................................................... 174
[Link] LAND ZONED AGRICULTURE ................................................................................................................ 174
[Link] SMALLHOLDINGS ................................................................................................................................. 174
[Link] LAND IN TRADITIONAL AUTHORITY AREAS ......................................................................................... 174
4.1.2 CONTROLS AND PROVISIONS APPLICABLE TO CIVIC, SOCIAL, MUNICIPAL AND
GOVERNMENT LAND ZONINGS AND/OR LAND USES .......................................... 175
[Link] ADDITIONAL PROVISIONS APPLICABLE TO WORSHIP SITES ................................................................ 175
[Link] ADDITIONAL PROVISIONS APPLICABLE TO EDUCATIONAL BUILDINGS ............................................... 175
[Link] ADDITIONAL PROVISIONS APPLICABLE TO INSTITUTIONS AND RESTRICTED BUILDINGS ................... 175
4.1.3 CONTROLS AND PROVISIONS APPLICABLE TO ENVIRONMENTAL SERVICES ......... 176
[Link] ADDITIONAL PROVISIONS APPLICABLE TO PRIVATE OPEN SPACES: .................................................... 176
[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO COMMUNITY GARDENS ..................... 176
4.1.4 CONTROLS AND PROVISIONS APPLICABLE TO COMMERCIAL LAND ZONINGS
AND/OR LAND USES .......................................................................................... 177
[Link] GENERAL PROVISIONS APPLICABLE TO ALL COMMERCIAL BUILDINGS ............................................... 177
[Link] ADDITIONAL PROVISIONS APPLICABLE TO ARCADES AND/OR MALLS: ............................................... 177
[Link] ADDITIONAL PROVISIONS APPLICABLE TO AUTOMOTIVE SHOWROOMS: .......................................... 178
[Link] ADDITIONAL PROVISIONS APPLICABLE TO FUNERAL UNDERTAKERS.................................................. 178
[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO CAR WASH FACILITIES ........................ 178
4.1.5 CONTROLS AND PROVISIONS APPLICABLE TO OFFICE LAND ZONINGS AND/OR
LAND USES ........................................................................................................ 178
[Link] GENERAL PROVISIONS APPLICABLE TO ALL OFFICE BUILDINGS .......................................................... 178
[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO PROFESSIONAL OFFICES ..................... 179
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4.1.6 CONTROLS AND PROVISIONS APPLICABLE TO SERVICE STATIONS AND DIRECT
ACCESS SERVICE STATIONS ................................................................................ 179
4.1.7 CONTROLS AND PROVISIONS APPLICABLE TO “HARBOUR” ZONES ...................... 180
4.1.8 CONTROLS AND PROVISIONS APPLICABLE TO INDUSTRIAL LAND ZONINGS AND/OR
LAND USES ........................................................................................................ 181
[Link] GENERAL PROVISIONS APPLICABLE TO ALL INDUSTRIAL AREAS AND USES ........................................ 181
[Link] ADDITIONAL PROVISIONS APPLICABLE TO HARBOUR-BOUND AND IDZ INDUSTRIAL ZONES ............. 184
4.1.9 CONTROLS AND PROVISIONS APPLICABLE TO MINES AND QUARRIES ................. 185
4.1.10 CONTROLS AND PROVISIONS APPLICABLE TO LAND WITHIN ZONES APPLICABLE TO
RESIDENTIAL LAND ZONINGS AND/OR LAND USES ............................................. 185
[Link] ADDITIONAL PROVISIONS APPLICABLE TO LAND ZONED “SPECIAL RESIDENTIAL” ............................. 185
[Link] ADDITIONAL PROVISIONS APPLICABLE TO SITES ZONED “MEDIUM DENSITY RESIDENTIAL” ............. 186
[Link] ADDITIONAL PROVISIONS APPLICABLE TO LAND ZONED “HIGH DENSITY RESIDENTIAL” ................... 187
[Link] APPLICATION PROCEDURE, DESIGN AND LAYOUT OF MEDIUM AND HIGH DENSITY HOUSING
DEVELOPMENTS .................................................................................................................................. 187
[Link] ADDITIONAL PROVISIONS APPLICABLE TO MEDIUM DENSITY HOUSING ............................................ 188
[Link] ADDITIONAL PROVISIONS APPLICABLE TO RESIDENTIAL BUILDINGS .................................................. 189
[Link] ADDITIONAL CONTROLS AND PROVISIONS APPLICABLE TO RESIDENTIAL ESTATES ........................... 190
[Link] ADDITIONAL CONTROLS AND PROVISIONS APPLICABLE TO RETIREMENT VILLAGES .......................... 191
4.1.11 CONTROLS AND PROVISIONS APPLICABLE TO HOTELS ........................................ 194
4.1.12 CONTROLS AND PROVISIONS APPLICABLE TO RESORT ZONES ............................. 195
[Link] ADDITIONAL PROVISIONS APPLICABLE TO HIGH AND LOW IMPACT RESORTS ................................... 195
[Link] ADDITIONAL PROVISIONS APPLICABLE TO “HARBOUR RESORT” ZONES ............................................ 196
4.1.13 CONTROLS AND PROVISIONS APPLICABLE TO TRANSPORTATION ROUTES OR
CORRIDORS ....................................................................................................... 196
[Link] PROVISIONS APPLICABLE TO RAILWAY CORRIDORS ............................................................................ 196
4.1.14 CONTROLS AND PROVISIONS APPLICABLE TO TRANSPORT TERMINALS .............. 197
[Link] GENERAL PROVISION APPLICABLE TO ALL TRANSPORT TERMINALS................................................... 197
[Link] ADDITIONAL PROVISIONS APPLICABLE TO “AIRPORTS” ...................................................................... 198
[Link] ADDITIONAL PROVISIONS APPLICABLE TO “INTERMODAL FACILITIES” .............................................. 198
[Link] ADDITIONAL PROVISIONS APPLICABLE TO “TRUCK STOPS” ................................................................ 198
4.1.15 CONTROLS AND PROVISIONS APPLICABLE TO PARKING AREAS / PARKADES ....... 200
4.1.16 CONTROLS AND PROVISIONS APPLICABLE TO UTILITIES AND SERVICES............... 201
[Link] GENERAL PROVISIONS APPLICABLE TO ALL LAND, INFRASTRUCTURE AND BUILDINGS APPLICABLE TO
UTILITIES AND SERVICES ...................................................................................................................... 201
[Link] ADDITIONAL PROVISIONS APPLICABLE TO REFUSE SITES, RECYCLING FACILITIES AND WASTE DROP
OFF / TRANSFER STATIONS .................................................................................................................. 201

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[Link] ADDITIONAL PROVISIONS APPLICABLE TO CEMETERIES ..................................................................... 202
[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO TELECOMMUNICATION
INFRASTRUCTURE ................................................................................................................................ 202

5 SECTION 5: DEFINITIONS ...................................................................... 203

5.1 GENERAL DEFINITIONS................................................................................................. 203
5.2 LAND USE AND BUILDING DEFINITIONS .................................................................. 210
6 SECTION 6 : SPECIAL ZONES................................................................. 228
6.1 GENERAL PROVISIONS APPLICABLE TO SPECIAL ZONES .................................... 228
6.2 SUMMARY OF SPECIAL ZONES .................................................................................... 228
6.3 DETAILS APPLICABLE TO SPECIAL ZONES .............................................................. 231

LIST OF TABLES
TABLE 1: CATEGORIES OF MANAGEMENT PLANS AND OVERLAYS ............ 11
TABLE 2A: PARKING REQUIREMENTS ............................................................... 157
TABLE 2B : BAY AND AISLE DIMENSIONS (METERS) .................................... 161
TABLE 2C : RAMP DIMENSIONS ............................................................................ 161
TABLE 2D: LOADING REQUIREMENTS ............................................................... 164

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 DISCLAIMER
A copy of the formally adopted version of the City of uMhlathuze’s Land Use Scheme, including amendments made
from time to time, is kept at the offices of the City of uMhlathuze’s City Development Department, and those
copies are the only official copies of the Scheme.

The City publishes an unofficial copy of the Land Use Scheme as a service to the public, and a copy of the unofficial
version is available:

(a) on the City’s website at [Link]; or

(b) upon request at the public offices of the City (a printing fee would be payable).

WARNING AS TO ACCURACY
The copies of the Land Use Scheme published on the City’s website and available for purchase at the City’s offices
are not necessarily precisely the same and as up-to-date as the official versions which are those identified as the
official versions, and kept at the City’s offices. It is only those official version copies that should be relied upon for
any purpose where accuracy may have any significant personal, legal or financial implications.

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SECTION 1 : INTRODUCTION TO THE SCHEME

1 SECTION 1 : INTRODUCTION TO THE

SCHEME

1.1 CONTEXT FOR THE PREPARATION OF SCHEMES

1.1.1 In terms of the Municipal Systems Act (Act No. 32 of 2000), each Municipality must prepare an
Integrated Development Plan (IDP) for their area of jurisdiction.

1.1.2 A key component of an IDP is a Spatial Development Framework (SDF), which should give effect to
the Municipality’s vision for the area and should include basic guidelines for a Land Use
Management System (LUMS) that apply to the entire Municipal area.

1.1.3 A Land Use Management System refers to all the actions required by a municipality to manage
land, of which a Scheme is one component. Typically, key elements of a Land Use Management
System include:

a) The Spatial Development Framework, various spatial plans, etc.;

b) A Land Use Scheme;

c) The Municipal Valuation and Rating System;

d) Property registration, ownership and tenure;

e) Infrastructure and services provision;

f) Building laws, including signage and elevation control;

g) Health bylaws;

h) Environmental issues and requirements;

i) Road and transportation requirements, etc.

1.1.4 The uMhlathuze Scheme is therefore aligned with the uMhlathuze IDP and SDF, and forms part of
the uMhlathuze Land Use Management System.

1.1.5 The uMhlathuze Land Use Scheme was prepared in accordance with the provisions of Section 4(1)
of the KZN Planning and Development Act, 2008, which states that:

“A municipality must, within five years from the commencement of this Act, adopt a scheme or
schemes for its whole area of jurisdiction.”

1.1.6 The Kwazulu-Natal Land Use Management System Guideline for the preparation of Schemes for
Municipalities (2011) (“the LUMS Guidelines”) was used as reference during the drafting of this
Scheme.

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UMHLATHUZE SCHEME
SECTION 1 : INTRODUCTION TO THE SCHEME

1.2 TITLE AND STRUCTURE OF THE SCHEME

1.2.1 This Scheme shall be known as the Umhlathuze Scheme.

1.2.2 The Scheme shall consist of :

a) Scheme Regulations (this document);

b) Scheme Map/s.
1.2.3 The Umhlathuze Scheme Regulations and Maps form part of the Land Use Management System
which applies to all Erven within the boundary of the Municipality, with the exception of erven
that are subject to the provisions of the Subdivision of Agricultural Land Act (Act 70 of 1970).

1.2.4 In addition to the Scheme, a companion document was developed. The companion document’s
main aim is to assist practitioners in the administration of the scheme, and is not incorporated
within the statutory component of the Scheme.

1.2.1 SCHEME REGULATIONS

[Link] In general, the Scheme Regulations aim to control:

a) The use of land and buildings by means of prescribing free entry, formal authority,
consent or prohibited land uses on specifically zoned sites and land use definitions
applicable;

b) Floor area, coverage and height factors for buildings and structures;

c) Building lines, side and rear spaces which must be maintained around buildings;

d) Parking and loading controls;

e) Additional provisions relating to a specific use zone or land use;

f) How contraventions of the scheme provisions will be dealt with;

g) Provisions relating to the design of sites and buildings;

h) Other general definitions, controls, provisions and procedures.

[Link] Within each use zone there are restrictions with regard to the use of land and the erection and
use of buildings. These are split into four categories:

a) Free Entry Uses those buildings and uses permitted without first
applying for Council’s formal authority or consent;

b) Formal Authority Uses those buildings and uses which may be approved by
Council after receiving the written consent of
adjoining property owners and other persons
identified by Council, provided that if such written
consent cannot be obtained, or if valid objections
are received, the applicant shall be directed to apply
for Special Consent of the Council;

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SECTION 1 : INTRODUCTION TO THE SCHEME

c) Consent Uses those buildings and uses which may be approved by

Council after following a Special Consent procedure
as set out in legislation; and

d) Prohibited Uses those buildings and uses, which are expressly

prohibited.

[Link] Any building or use not specifically defined in this scheme shall be deemed to be a “Special Use”
as defined in this Scheme and shall be subject to a Special Consent application or rezoning
application, whichever the Municipality deems appropriate.

[Link] Subject to the right of appeal as contemplated in terms of the KwaZulu-Natal Planning and
Development Act No.6 of 2008, as amended, any future or proposed use or development shall
conform to the uses and controls listed in the Scheme Regulations.

[Link] A contravention/s of the Scheme Regulations is an offence and shall be subject to penalties
contemplated in terms of the KwaZulu-Natal Planning and Development Act No.6 of 2008, as
amended.

1.2.2 AREA OF THE SCHEME AND SCHEME MAPS

[Link] The Scheme applies to all Erven within the jurisdiction of the Umhlathuze Municipality (KZ282),
with the exception of areas that are subject to the provisions of the Subdivision of Agricultural
Land Act (Act No 70 of 1970).

[Link] The Scheme Maps are available electronically on the Municipality’s GIS System.

[Link] A hardcopy of a map or maps could be made available upon request and at a fee. Printed maps
should include a title block with the following information:
a) A descriptive heading identifying the area of the Scheme;
b) The Municipality’s name and contact details;
c) North point and scale;
d) Date of map printed;
e) A legend interpreting the colour notation.

[Link] Printed scheme maps are only valid for the day on which it was printed, and it remains the
responsibility of the user of the maps to ensure accuracy of maps where it may have any
significant personal, legal or financial implications.

[Link] Broadly speaking, the Scheme could be divided into an “urban” and “rural” component. The rural
component zonings are listed under Section 2.1 and the urban component zonings are listed
under Sections 2.2 to 2.15.

[Link] An example of the Scheme Map, indicating the scheme area, is shown below:

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SECTION 1 : INTRODUCTION TO THE SCHEME

1.2.3 MANAGEMENT OVERLAYS

[Link] Where additional and more detailed land use management, beyond that stipulated in the Scheme
Regulations and Map/s is required, this is processed via the use of Management Overlays and
Management Plans. The Management Overlay identifies the boundary of the area or precinct for
which additional regulations or guidelines pertain. The Management Overlay redirects the user to
the “informant“ or “plan” that contains the additional information, and this is a parallel or co-
ordinating plan. The Management Overlay also redirects the user to the source (date) of the plan
concerned.

Table 1: Categories of Management Plans and Overlays

MANAGEMENT OVERLAYS: PLAN REFERENCE NUMBER

Environmental Services Management Plan MO/TP/P/1 (DMS882792)

Richards Bay CBD Urban Design Framework MO/TP/P/2 (DMS882793)

Vision for The Ridge MO/TP/P/3 (DMS883140)

Coastal Setback Lines MO/TP/P/4 (DMS883155)

Air Quality Buffer Areas MO/TP/P/5 (DMS882790)

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SECTION 1 : INTRODUCTION TO THE SCHEME
Empangeni CBD Plan TPS2 MO/TP/P/6 (DMS882791)

Interpretation of the pre-LUMS Scheme areas, Traditional MO/TP/P/7 (DMS884009)

Authority Areas and areas subject to the Subdivision of
Agricultural Land Act, Act 70 of 1970

1.3 RESPONSIBLE AUTHORITY

1.3.1 The uMhlathuze Municipality shall be the only authority responsible for enforcing and carrying
into effect the provisions of the Scheme.

1.4 PURPOSE OF THE SCHEME

1.4.1 The purpose of the Scheme is to:

[Link] enable the comprehensive management of all erven (both private and public
sector) within the Municipality;

[Link] promote and implement the applicable planning and development legislation
and principles as adopted by the relevant National, Provincial and Municipal
spheres of government from time to time;

[Link] promote and implement the Vision and Strategies of the Integrated
Development Plan in the realization of quality environments; and

[Link] manage land-use rights, to provide facilitation over use rights, to manage urban
growth and development and to manage conservation of the natural
environment, in order to:

a) Achieve co-ordinated and harmonious development in a way that will

efficiently promote public safety, health, order, convenience and to
protect the general welfare of the inhabitants of the Municipality;

b) Promote integrated and sustainable development through-out the

area of jurisdiction;

c) Promote sustainable environmental management, conserve and

protect environmentally sensitive areas.

d) Promote all forms of development and growth through sound

planning principles that would support a mix of land-uses managed in
an appropriate manner.

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SECTION 1 : INTRODUCTION TO THE SCHEME

1.5 EFFECTIVE DATE

1.5.1 The Effective Date of this Scheme is 7 January 2014.

1.5.2 At any time after the effective date no person shall:

[Link] erect a new building, alter or add to an existing building or carry out any other
proposed work, or

[Link] develop or use any land, or use any building or structure for any purpose
different from the purpose/s for which it was being developed or used on such
date, or

[Link] use any building or structure erected after such date for a purpose or in a
manner different from the purpose for which it was erected, until such person
has first applied in writing to the Council for permission / approval / formal
authority / consent to do so and the Council has granted its written authority
thereto either with or without conditions, and provided that:

a) Any authority granted by the Council shall remain valid for 18 months
from the date of granting of such authority; and

b) Where any building or work referred to in any such authority has not
been substantially commenced within the said period of 18 months
or where an appeal has been lodged, within a period of 18 months
from the date of notification of the outcome of such appeal, or
where there has been an interruption in the development of the
building or use of land for a continuous period of 18 months, the said
authority shall automatically be considered to have lapsed and
building operations shall not be commenced or recommenced unless
fresh authority has first been applied for and obtained.

1.6 INSPECTION OF THE SCHEME

1.6.1 The Scheme (Regulations and Maps) are public documents and open for inspection by the general
public at the Municipal Offices during normal business hours or at an arranged reasonable time.

1.6.2 A register of all applications and decisions on the Scheme Regulations and Maps shall be kept and
shall be available for inspection by any person or persons at the Municipal Offices during normal
business hours or at an arranged reasonable time.

1.7 STATUS OF THE SCHEME

1.7.1 This Scheme replaces all Town Planning Schemes within the area to which it applies.

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SECTION 1 : INTRODUCTION TO THE SCHEME
1.7.2 The legal status of any existing building or existing use which is not in conformity with this
Scheme, but for which authority was obtained from the Council or other relevant planning and
development legislation prior to the date of adoption, replacement or amendment of this Scheme
in terms of the KwaZulu-Natal Planning and Development Act, 2008 (No. 06 of 2008) may be
completed and continued to be used for the purpose for which it was designed, subject to
compliance with any conditions which may have been imposed by the Council, and provided that:

a) Any such non-conforming existing building or use of land may be increased on the Erf
by an amount not greater than 12½% of its total floor area or area as the case may
be, at the date of adoption, provided that the completed building or use is in
conformity with the other provisions of the Scheme, relating to the zone in which
such building or use is situated.
b) Any alteration or addition or change of use, which in the opinion of the Council alters
the character of an existing building or use of land, shall automatically remove such
building or land from the category of "existing building" or "existing use".
c) Where the non-conforming existing use of any building or land is discontinued for a
continuous period of 18 months or longer, such existing use shall be deemed to have
lapsed and shall not be recommenced.
d) Council may call upon the applicant to undertake an Environmental Management
Plan for the development.

1.7.3 Any extension to buildings or structures on land contemplated in Clause 1.7.2 must comply with
this Scheme.

1.7.4 Any application submitted prior to the adoption of this Scheme shall be assessed and finalised
under the provisions of such former Scheme regulations, except if the applicant has in writing
informed the Municipality that he / she withdraws such application.

1.7.5 A Scheme is binding on the Municipality, all other persons and organs of state, except in the event
of a conflict with the provisions of an Integrated Development Plan that was adopted prior to the
Scheme or amendment to the Scheme.

1.7.6 The provisions of the Integrated Development Plan will prevail over the provisions of a Scheme in
the event of a conflict with the provisions of an Integrated Development Plan that was adopted
prior to the Scheme or amendment to the Scheme

1.7.7 The provisions of a Scheme that were adopted prior to the adoption of an Integrated
Development Plan prevail in the event of a conflict with the provisions of the Integrated
Development Plan.

1.7.8 A Municipality or any other organ of state may not approve a proposal to subdivide or consolidate
land that is in conflict with the provisions of a Scheme.

1.7.9 A proposal to subdivide or consolidate land that is in conflict with the provisions of a Scheme is
invalid.

1.7.10 Nothing in this Scheme shall be construed as enabling any person to erect or use any building or
to develop or use any land which is in conflict with any condition of title imposed by the Premier
in terms of the KwaZulu-Natal Planning and Development Act No.6 of 2008, as amended, or by
the State under any other law.

1.7.11 The owner of any Erf, which is subject to a condition of title referred to in Clause 1.7.10 above,
which is in conflict with any provision of this Scheme, may make application to the Municipality
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SECTION 1 : INTRODUCTION TO THE SCHEME
for the alteration, suspension or removal of such condition as provided for in terms of the
KwaZulu-Natal Planning and Development Act No.6 of 2008.

1.7.12 The Scheme provisions shall apply over and above the Bylaws where they are more onerous than
the Bylaws. Where the Scheme makes no provision, the Bylaws shall apply.

1.8 AMENDMENTS TO THE SCHEME

1.8.1 If the Council desires to rescind, alter or amend any of the provisions of the Scheme in course of
preparation it shall follow the procedure as set out in the KwaZulu-Natal Planning and
Development Act (No.6 of 2008), as amended.

1.8.2 The owner of any land, or any person having a real right to any land, which is zoned in terms of
the Scheme, may make application to the Municipality to rezone such land or amend the scheme
controls applicable to such land as is contemplated in terms of the KwaZulu-Natal Planning and
Development Act (Act No.6 of 2008), as amended.

1.8.3 Provided that, in terms of the provisions of the KwaZulu-Natal Planning and Development Act (Act
No.6 of 2008), the Municipality does not have to follow a formal process to amend the scheme in
cases where :

a) a spelling / typing error or numbering within the Scheme is amended or corrected,

b) Scheme Clauses are re-organised without amending the meaning of the clauses;

c) reference to legislation becomes outdated and must be replaced or updated;

d) any annexures to the Scheme need to be updated or amended,

e) legally approved development applications or land use zones have not been included in
the Scheme, or have been included incorrectly;

f) a planned road zoned “Proposed Road” is constructed. The zoning “Proposed Road” may
then be converted to the zoning “Existing Public Road” and/or “Private Road”, with the
proviso that the alignment of the road which was originally zoned “Proposed Road” has
not changed; and

g) changes to or deletion of Management Plans and Overlays listed in Table 1.

1.9 APPLICATIONS FOR THE USE AND

DEVELOPMENT OF LAND

1.9.1 GENERAL PROVISIONS

[Link] Applications shall be made in writing to the Municipal Manager, shall contain all information
required by the Municipality and may be subject to an application fee.

[Link] The Municipality may refuse to accept an application which:

15
SECTION 1 : INTRODUCTION TO THE SCHEME
a) is subject to an application fee, but which has not been paid in full; and

b) is not motivated in full.

In these cases, the Municipality will inform the applicant to resubmit a complete application, and
provide the applicant with a description of the necessary information which must be submitted.

[Link] Applications for development on land falling under the ownership of Ingonyama Trust require
power of attorney from the Ingonyama Trust Board to submit an application on their behalf and a
letter of support from the applicable Traditional Leader/Council.

[Link] Any authority granted by the Council shall remain valid for 18 months from the date of granting
of such authority, unless stated otherwise. Where any building or work referred to in any such
authority has not been substantially commenced within the said period of 18 months or where
an appeal has been lodged, within a period of 18 months from the date of notification of the
outcome of such appeal, or where there has been an interruption in the development of the
building or use of land for a continuous period of 18 months, the said authority shall
automatically be considered to have lapsed and building operations shall not be commenced or
recommenced unless fresh authority has first been applied for and obtained.

[Link] Any decision, order or authorization given by the Appeal Tribunal terms of the KwaZulu-Natal
Planning and Development Act or any other relevant legislation, and as confirmed or altered on
review, shall be deemed to be a valid authority granted by the Council and, as such, shall be
construed as being in accordance with the duly adopted provisions of the Scheme.

1.9.2 APPLICATION FOR THE PERMISSION OF THE COUNCIL

[Link] A person desiring any Permission of the Council shall apply therefore in writing to the Municipal
Manager in the form which may from time to time be prescribed, provided that except where the
Council may otherwise require, ordinary Application and Approval under the bylaws shall be
deemed sufficient Permission of the Council.

[Link] The Council may call upon any building owner who proposes to alter a building or put it to a new
use to provide a fresh building survey of the property.

1.9.3 APPLICATION FOR THE APPROVAL OF THE COUNCIL

[Link] A person desiring any Approval of the Council shall apply therefore in writing to the Municipal
Manager in the form which may be prescribed from time to time.

1.9.4 APPLICATION FOR THE FORMAL AUTHORITY OF THE

COUNCIL

[Link] “Formal Authority” of the Council shall mean the granting of an application in terms of this
Scheme after compliance with a procedure prescribed by Council and in accordance with the
provisions of this Scheme.

16
SECTION 1 : INTRODUCTION TO THE SCHEME
[Link] The formal authority procedure shall, inter alia, include informing surrounding landowners, as
identified by Council, of the proposed use of land and their right to submit comment and/or an
appeal.

[Link] An applicant shall obtain approval for the proposed use of land from all relevant surrounding
landowners identified by Council.

[Link] Should an applicant fail to obtain all relevant surrounding landowners’ approval, an application
for Council’s formal authority will be denied. An applicant may then choose to apply for Council’s
special consent.

[Link] Formal Authority granted shall be subject to the conditions as Council may consider necessary and
shall be restricted to the land use applied for. It shall not be construed to imply formal authority
for all land uses listed under the relevant Land Use Control Table.

[Link] Council may, at its sole discretion, require an applicant to rezone a property instead of applying
for formal authority if, in Council’s opinion, the application and its impacts would be better
assessed and controlled by means of a relevant zoning.

1.9.5 APPLICATION FOR THE CONSENT OF THE COUNCIL

[Link] "Consent" of the Council shall mean the granting of an application after compliance with a
procedure as set out in legislation.

[Link] A consent use is restricted to the land use applied for and shall not be construed to be consent for
all land uses listed under the relevant Land Use Control Table, unless stated otherwise.

[Link] A consent use granted by Council must differentiate between an approval granted for:

a) a stand-alone land use; or

b) a land use which is to be operated in addition to a primary use.

[Link] Council may direct an applicant to rather apply for rezoning instead of consent in cases where, in
the opinion of Council, the use will be better regulated by means of a land use zone instead of
granting its consent.

[Link] The following land uses may be approved via consent under any zoning, whether it is listed under
the relevant Land Use Control Table or not:

a) Special Use (i.e. a use that is not defined in this Scheme);

b) Telecommunication Infrastructure;
c) Utilities Facility, excluding any use which may be defined as “Industry-High Impact”
in terms of the Scheme; and
d) Waste Drop-off and/or Transfer Station.

1.9.6 CANCELLATION OR MODIFICATION OF COUNCIL’S

CONSENT OR FORMAL AUTHORITY

[Link] Any owner of land may inform the Council in writing to cancel its consent or formal authority;

17
SECTION 1 : INTRODUCTION TO THE SCHEME
[Link] The Council may modify its consent and/or formal authority subsequent to the granting thereof if,
in the opinion of the Council, any condition/s subsequent to which the consent or formal
authority were granted should be amended, deleted or additional conditions should be added.

[Link] The Council may render void or withdraw its consent or formal authority in writing and
subsequent to the granting thereof if, in the opinion of the Council:

a) any conditions subsequent to which the consent or formal authority were granted,
are not complied with;
b) where any building or work referred to in any such consent or formal authority has
not been substantially commenced within a period of 18 months or where an
appeal has been lodged, within a period of 18 months from the date of notification
of the outcome of such appeal;
c) such use has been discontinued or interrupted for a continuous period of 18
months or longer;
d) the premises is not continuously used for residential purposes in addition to the
consent or formal authority use granted, where it is a condition of approval to do
so; and
e) the land use constitutes a nuisance or it is found that there is interference with the
amenities of the neighbourhood arising from the use of land.
[Link] upon the lapsing or rendering void or withdrawal of a consent or formal authority in terms of
Clause [Link]:

a) the practice of any consent or formal authority use approved shall cease upon the
relevant premises within a period to be determined by the Council, provided that
such period shall not exceed six months from the date on which such consent or
formal authority lapsed, was rendered void or was withdrawn;
b) the Council may direct the owner of land to demolish structures and/or restore
and/or alter buildings erected to conform to a relevant primary or free entry use
granted on the site. Costs associated with such building work will be for the account
of the owner of land.

1.10 CONTRAVENTIONS OF THE SCHEME

1.10.1 An authorised official in the service of the Council may access building plans and, subject to the
provisions of the KZN Planning and Development Act, (Act No.6 of 2008), may enter any property
within the area of its jurisdiction for inspection purposes. No person shall in any way obstruct
such official in the execution of his or her duties.

1.10.2 If any person or persons contravenes any provision of this scheme, a notice issued in terms of the
scheme, or a condition set by virtue of it, the Council shall be entitled to take any steps against
such person or persons as provided for in legislation, including legal action.

1.10.3 Subject to the provisions of the KZN Planning and Development Act, (Act No.6 of 2008), a notice
of contravention may be served by:

a) Handing the notice to the affected person, an appointed representative, or legal body
or any employee of such person or legal body; and/or

18
SECTION 1 : INTRODUCTION TO THE SCHEME
b) By sending the notice by prepaid registered post to the last registered address known
to the Municipality of such person or legal body.

1.10.4 For the purpose of calculating any time period referred to in the notice it shall be assumed that
the notice has been received by the addressee within the timeframes contemplated in Section
158 of the KZN Planning and Development Act (Act No.6 of 2008).

19
 SECTION 2 : LAND USE ZONES

2 SECTION 2 : LAND USE ZONES

2.1 THE RURAL SCHEME

2.1.1 AGRICULTURE AND RURAL

ZONE CATEGORY: AGRICULTURE 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

AGRICULTURE 1 10 ha N/A Not restricted 5m – Subject also to the Veld and Forest Management Act For additional provisions refer to Clause
[Link]

A zone intended to provide for land and

buildings where the primary activity is
extensive agricultural production of crops,
plantations, mostly free-roaming livestock,
poultry, etc. or products for the commercial
market.

20
 SECTION 2 : LAND USE ZONES

AGRICULTURE 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

ADDITIONAL DWELLING UNIT (limited ADDITIONAL DWELLING UNIT ARTS AND CRAFTS WORKSHOP Buildings and land uses not included 0,125 12.5% 3
2
to 80m ) in columns 1 to 3.
COFFEE SHOP / TEA GARDEN AGRICULTURAL INDUSTRY
AGRICULTURAL BUILDING
EDUCATIONAL BUILDING CAMPING AND CARAVAN PARK
AGRICULTURAL LAND
FARM STALL CHALET DEVELOPMENT
HOME ACTIVITY
HOME BUSINESS INDUSTRY – EXTRACTIVE
PRIVATE STREET
IMPOUNDMENT AREA (animals only) INDUSTRY – HIGH IMPACT(limited to
RESIDENTIAL - DWELLING HOUSE Abattoir only)
LODGE
UTILITIES FACILITY INSTITUTION
MUNICIPAL PURPOSES
RESIDENTIAL - MEDIUM DENSITY
PLACE OF WORSHIP
MOBILE HOME PARK

PRIVATE RECREATIONAL USE

PUBLIC STREET

RACECOURSE

RAILWAY INFRASTRUCTURE

RECREATIONAL BUILDING

RESTRICTED BUILDING

SPECIAL USE

VETERINARY PURPOSES

NEW SERVITUDE, 15M OR WIDER

21
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : AGRICULTURE 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

AGRICULTURE 2 N/A N/A N/A 10m 5m 5m For additional provisions refer to Clause
[Link] and [Link]

A zone where the land is used for low intensity

agricultural practices in association with other
uses and may include market gardening, wood
lots and land allocated under customary law

22
 SECTION 2 : LAND USE ZONES

AGRICULTURE 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING
HOME BUSINESS AGRICULTURAL INDUSTRY Buildings and land uses 0,125 12.5% 2
not included in columns 1
AGRICULTURAL LAND to 3.
PUBLIC / PRIVATE STREET

HOME ACTIVITY
SPECIAL USE

HOMESTEAD
NEW SERVITUDE, 15M OR WIDER

MUNICIPAL PURPOSES

UTILITIES FACILITY

23
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : SMALLHOLDINGS

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMU BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE M COMMENTS
STREET

MIN MAX FRONTA

GE (M)

BUILDING LINES SIDE SPACES REAR SPACES

SMALLHOLDINGS 1 ha 10 ha N/A 10m 5m 10m For additional provisions refer to Clause

[Link]
limited to
areas that
act as a
buffer
between
urban and
agricultural
areas

A buffer zone between an urban and

agricultural area that contains smallholdings
and that sets aside land for low-density
housing and related urban-scale agriculture
where the number and magnitude of ancillary
land use types are of the kind related to daily
employment and service needs.

24
 SECTION 2 : LAND USE ZONES

SMALLHOLDINGS

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING ADDITIONAL DWELLING UNIT AGRICULTURAL INDUSTRY Buildings and land uses not 0,05 5% 2
included in columns 1 to 3.
AGRICULTURAL LAND ARTS AND CRAFTS WORKSHOP CAMPING AND CARAVAN PARK

HOME ACTIVITY COFFEE SHOP / TEA GARDEN CHALET DEVELOPMENT

RESIDENTIAL - DWELLING EDUCATIONAL BUILDING CONFERENCE FACILITY

HOUSE
FARM STALL HOTEL
UTILITIES FACILITY
HOME BUSINESS INSTITUTION

LODGE IMPOUNDMENT AREA (animals only)

PLACE OF WORSHIP MUNICIPAL PURPOSES

MOBILE HOME PARK

PRIVATE RECREATIONAL USE

PUBLIC / PRIVATE STREET

RACECOURSE

RECREATIONAL BUILDING

RESTRICTED BUILDING

SPECIAL USE

SHOP - GENERAL

VETERINARY PURPOSES

NEW SERVITUDE, 15M OR WIDER

25
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : RAPID URBANISATION MANAGEMENT ZONE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

RAPID 150m2 N/A N/A 3m 2m 2m For additional provisions refer to Clause

URBANISATION [Link]
MANAGEMENT
ZONE

A zone in the Traditional Authority Area that

demarcates areas that have been informally
settled adjacent to or near to formal urban
areas, and may require interventions to
address environmental impacts, upgrade of
services and provide formal housing.

26
 SECTION 2 : LAND USE ZONES

RAPID URBANISATION MANAGEMENT ZONE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING EDUCATIONAL BUILDING INSTITUTION Buildings and land uses not 0,50 50% 2
included in columns 1 to 3.
AGRICULTURAL LAND HOME BUSINESS PUBLIC / PRIVATE STREET

COMMUNITY GARDEN PLACE OF WORSHIP RECREATIONAL BUILDING

HOME ACTIVITY PUBLIC OFFICE NEW SERVITUDE, 15M OR WIDER

HOMESTEAD UTILITIES FACILITY

MUNICIPAL PURPOSES

PUBLIC RECREATIONAL USE

SHELTER

27
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : RURAL NODE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

RURAL NODE 150m2 N/A N/A 3m 2m 2m For additional provisions refer to Clause
[Link]

A node within a rural area identified in the

Municipal Spatial Development Framework as
a node, that may include land uses which
would support the community in their day-to-
day needs such as commercial, educational,
health facilities, petrol filling station, etc.

28
 SECTION 2 : LAND USE ZONES

RURAL NODE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING HOME BUSINESS NIGHT CLUB / BAR / TAVERN Buildings and land uses not In line with Development Plan. In the absence of a Development Plan, to the satisfaction
included in columns 1 to 3. of Council.
AGRICULTURAL LAND INDUSTRY – LIGHT PLACE OF AMUSEMENT

ARTS AND CRAFTS WORKSHOP INDUSTRY - SALVAGE PLACE OF ASSEMBLY

COMMERCIAL WORKSHOP PRIVATE STREET PUBLIC GARAGE

COMMUNITY GARDEN SHELTER RESTRICTED BUILDING

EDUCATIONAL BUILDING SERVICE STATION

–HOME ACTIVITY SPECIAL USE

HOMESTEAD WASTE TRANSFER / RECYCLING CENTRE

INDUSTRY - SERVICE NEW SERVITUDE, 15M OR WIDER

INFORMAL TRADE AREA

INSTITUTION

MUNICIPAL PURPOSES

PLACE OF WORSHIP

PUBLIC OFFICE

PUBLIC RECREATIONAL USE

PUBLIC STREET

OFFICE - GENERAL

RECREATIONAL BUILDING

SHOP - GENERAL

TERMINAL – BUS AND TAXI

29
 SECTION 2 : LAND USE ZONES

RURAL NODE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

UTILITIES FACILITY

VETERINARY PURPOSES

30
 SECTION 2 : LAND USE ZONES

2.2 THE URBAN SCHEME

2.2.1 CIVIC AND SOCIAL

ZONE CATEGORY : EDUCATION

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN

BUILDING LINES SIDE SPACES REAR SPACES

EDUCATION Crèche – 18m 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
1000m2 storey, whichever is storey, whichever is and loading refer to Clause [Link]
the greater the greater and [Link];
- For provision relating to the use of
Primary School: land refer to Clause [Link]

– 2,4ha without
dedicated
sport facilities

- 5ha with
dedicated
sport facilities
To provide and use land or buildings for a full
range of educational facilities, either public or
private. Institutional facilities that to the Secondary
discretion of the municipality does not affect School :
the amenity of the area, recreational facilities
ancillary to the educational establishment and
– 5ha without
accommodation of students, educators and
dedicated
other staff of the educational establishment. sport facilities

- 8-10ha with
dedicated
sport facilities

31
 SECTION 2 : LAND USE ZONES

EDUCATION

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CARETAKER ACCOMMODATION AGRICULTURAL BUILDING CONFERENCE FACILITY Buildings and land uses not 1,00 50% UR
included in columns 1 to 3.
EDUCATIONAL BUILDING AGRICULTURAL LAND HOME BUSINESS

MUNICIPAL PURPOSES COFFE SHOP / TEA GARDEN RESIDENTIAL - DWELLING HOUSE

PLACE OF ASSEMBLY HOME ACTIVITY INSTITUTION

PRIVATE RECREATIONAL USE COMMUNITY GARDEN PUBLIC OFFICE

RECREATIONAL BUILDING PLACE OF WORSHIP SPECIAL USE

RESTRICTED BUILDING (limited to an

educational facility)

UTILITIES FACILITY

32
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : INSTITUTION

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

INSTITUTION 1800m2 N/A 18m 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
storey, whichever is storey, whichever is and loading refer to Clause [Link]
the greater the greater and [Link];

This zone is intended for land and buildings for

public and private institutions that provide for
the accommodation and care of the aged, the
sick and other facilities to support the welfare
needs of surrounding communities in urban
and rural areas

33
 SECTION 2 : LAND USE ZONES

INSTITUTION

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CARETAKER ACCOMMODATION AGRICULTURAL BUILDING LAUNDERETTE Buildings and land uses not 0,50 60% UR
included in columns 1 to 3.
COFFEE SHOP / TEA GARDEN AGRICULTURAL LAND RESTRICTED BUILDING

INSTITUTION COMMUNITY GARDEN SHOP – GENERAL (Incidental to an

Institutional Use)
MUNICIPAL PURPOSES EDUCATIONAL BUILDING
SPECIAL USE
OFFICE – PROFESSIONAL PLACE OF WORSHIP

PARKING ERF / GARAGE PUBLIC OFFICE

PLACE OF ASSEMBLY UTILITIES FACILITY

PRIVATE RECREATIONAL USE

RECREATIONAL BUILDING

TUCK SHOP

34
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : WORSHIP

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

WORSHIP 3600m2 N/A 18m 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
storey, whichever is storey, whichever is and loading refer to Clause [Link]
the greater the greater and [Link];
- For provision relating to the use of
land refer to Clause [Link]

This zone is intended for land and buildings to

be used as a church, chapel, oratory,
synagogue, mosque, temple, Sunday school,
and other places of public devotion; but does
not include a funeral chapel

35
 SECTION 2 : LAND USE ZONES

WORSHIP

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

MUNICIPAL PURPOSES CARETAKER ACCOMMODATION COFFEE SHOP / TEA GARDEN (larger than Buildings and land uses not 0,50 60% UR
2
20m ) included in columns 1 to 3.
OFFICE - PROFESSIONAL COMMUNITY GARDEN
CONFERENCE FACILITY
PLACE OF ASSEMBLY EDUCATIONAL BUILDING
HOME BUSINESS
PLACE OF WORSHIP HOME ACTIVITY
INSTITUTION
PRIVATE RECREATIONAL USE RESIDENTIAL - DWELLING HOUSE
RECREATIONAL BUILDING
UTILITIES FACILITY
SPECIAL USE

36
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : MUNICIPAL, HEALTH AND GOVERNMENT 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

MUNICIPAL N/A N/A 18m 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
HEALTH AND storey, whichever is storey, whichever is and loading refer to Clause [Link]
GOVERNMENT 1 the greater the greater and [Link];

This zone is intended for buildings erected and

used for National, Provincial and Municipal
administration and services. It may also
provide for the full range of healthcare
facilities, including public and private hospitals,
medical centers, clinics, sanatoria, community
care, welfare and social requirements
including pension pay points.

37
 SECTION 2 : LAND USE ZONES

MUNICIPAL HEALTH AND GOVERNMENT 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

ARTS AND CRAFTS WORKSHOP AGRICULTURAL LAND CONVENTION CENTRE Buildings and land uses not 2,00 50% UR
included in columns 1 to 3.
COFFEE SHOP / TEA GARDEN
COMMUNITY GARDEN HARBOUR MANAGEMENT
CONFERENCE FACILITY
HARBOUR INFRASTRUCTURE IMPOUNDMENT AREA
EDUCATIONAL BUILDING

HOTEL INFORMAL TRADE AREA

INSTITUTION
RACING TRACK
LAUNDERETTE
RESTRICTED BUILDING
MUNICIPAL PURPOSES

OFFICE – GENERAL SHOP - GENERAL

OFFICE - PROFESSIONAL SPECIAL USE

PARKING ERF / PARKADE
TERMINAL – BUS AND TAXI
PLACE OF AMUSEMENT

PLACE OF ASSEMBLY VEHICLE TESTING STATION

PLACE OF WORSHIP WAREHOUSE

PRIVATE RECREATIONAL USE
WASTE TRANSFER / RECYCLING
PUBLIC OFFICE CENTRE

PUBLIC RECREATIONAL USE

RECREATIONAL BUILDING

RESIDENTIAL BUILDING

TUCK SHOP

UTILITIES FACILITY

38
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : MUNICIPAL, HEALTH AND GOVERNMENT 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

MUNICIPAL N/A N/A 18m 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
HEALTH AND storey, whichever is storey, whichever is and loading refer to Clause [Link]
GOVERNMENT 2 the greater the greater and [Link];

This zone is intended for buildings erected and

used for National, Provincial and Municipal
administration and services. It may also
provide for the full range of healthcare
facilities, including public and private hospitals,
medical centres, clinics, sanatoria, community
care, welfare and social requirements
including pension pay points.

The distinction between the two zones is that

Municipal Health and Government 1 would
more likely be found in a Central Business
District or similar high impact area, and be
allowed a larger range of land uses. Municipal
Health and Government 2 would more likely be
found in a residential area or low impact area
and would therefore be allowed a less
comprehensive range of land uses.

39
 SECTION 2 : LAND USE ZONES

MUNICIPAL HEALTH AND GOVERNMENT 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

ARTS AND CRAFTS WORKSHOP AGRICULTURAL LAND IMPOUNDMENT AREA Buildings and land uses not 0,50 60% UR
included in columns 1 to 3.
COFFEE SHOP / TEA GARDEN COMMUNITY GARDEN HARBOUR MANAGEMENT

CONFERENCE FACILITY HARBOUR INFRASTRUCTURE INFORMAL TRADE AREA

EDUCATIONAL BUILDING PLACE OF AMUSEMENT

INSTITUTION RESTRICTED BUILDING

MUNICIPAL PURPOSES SHOP - GENERAL

OFFICE – GENERAL SPECIAL USE

OFFICE – PROFESSIONAL TERMINAL – BUS AND TAXI

PARKING ERF / PARKADE VEHICLE TESTING STATION

PLACE OF ASSEMBLY WAREHOUSE

PLACE OF WORSHIP WASTE TRANSFER / RECYCLING

CENTRE
PRIVATE RECREATIONAL USE

PUBLIC OFFICE

PUBLIC RECREATIONAL USE

RECREATIONAL BUILDING

TUCK SHOP

UTILITIES FACILITY

40
 SECTION 2 : LAND USE ZONES

2.2.2 ENVIRONMENTAL SERVICES

The category ‘Environmental Services’ makes provision for the protection and/or conservation of ecologically sensitive, culturally and historically important
sites and the natural habitats of animals, birds, or reptile species, in accordance with national laws and policies, provincial and local guidelines, strategies and
programmes. It reserves land as part of a sustainable living environment by virtue of its importance in terms of bio-diversity. Environmental services include all
land which has special environmental status and economic value due to its function in providing and environmental service which contributes to the overall
open space system through water courses, wetlands, grasslands, open spaces and other natural habitats.

ZONE CATEGORY : PUBLIC OPEN SPACE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

MIN MAX FRONTAGE (M)

BUILDING LINES SIDE SPACES REAR SPACES

PUBLIC OPEN N/A N/A N/A 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
SPACE storey, whichever is storey, whichever is and loading refer to Clause [Link]
the greater the greater and [Link];

This is a zone for sporting and recreational

needs and permits a limited range of
associated development and may include
ancillary facilities and buildings associated with
the primary use of the land as public open
space

41
 SECTION 2 : LAND USE ZONES

PUBLIC OPEN SPACE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

PUBLIC RECREATIONAL USE COMMUNITY GARDEN COFFEE SHOP / TEA GARDEN Buildings and land uses not At the sole discretion of Council
included in columns 1 to 3.
RECREATIONAL BUILDING MUNICIPAL PURPOSES
PUBLIC / PRIVATE STREET
UTILITIES FACILITY
SPECIAL USE

NEW SERVITUDE, 15M OR WIDER

42
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : PRIVATE OPEN SPACE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

MIN MAX FRONTAGE (M)

BUILDING LINES SIDE SPACES REAR SPACES

PRIVATE OPEN N/A N/A N/A 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
SPACE storey, whichever is storey, whichever is and loading refer to Clause [Link]
the greater the greater and [Link];
- For provision relating to the use of
land refer to Clause [Link]

This is a zone to control public or privately

owned land used for sports and recreation
which may restrict access to the general
public, and permits a limited range of
associated development, which may include
ancillary facilities and buildings associated with
the primary use of the land for private open
space.

43
 SECTION 2 : LAND USE ZONES

PRIVATE OPEN SPACE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

PRIVATE RECREATIONAL USE AGRICULTURAL BUILDING PUBLIC / PRIVATE STREET Buildings and land uses not 0,15 15% 2
included in columns 1 to 3.
RECREATIONAL BUILDING AGRICULTURAL LAND PLACE OF AMUSEMENT

CARETAKER ACCOMMODATION SPECIAL USE

COMMUNITY GARDEN

MUNICIPAL PURPOSES

EDUCATIONAL BUILDING

PLACE OF ASSEMBLY

UTILITIES FACILITY

44
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : CONSERVATION

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

MIN MAX FRONTAGE (M)

BUILDING LINES SIDE SPACES REAR SPACES

CONSERVATION N/A N/A N/A 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
storey, whichever is storey, whichever is and loading refer to Clause [Link]
the greater the greater and [Link];

This is a zone that protects and conserves

environmentally important land and/or water
bodies or areas which are important ecological
features and which are to be rehabilitated back
to its original natural state. These areas
normally form part of the sustainable open
space system, which includes independent or
linked open space areas and permits only
limited and specific developments.

45
 SECTION 2 : LAND USE ZONES

CONSERVATION

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CONSERVATION PURPOSES CARETAKER ACCOMMODATION AGRICULTURAL BUILDING Buildings and land uses not At the sole discretion of Council and informed by a Development Plan
included in columns 1 to 3.
UTILITIES FACILITY AGRICULTURAL INDUSTRY (limited to
aquaculture and mariculture)

AGRICULTURAL LAND

ARTS AND CRAFTS WORKSHOP

CAMPING AND CARAVAN PARK

CONFERENCE CENTRE

PUBLIC / PRIVATE STREET

SPECIAL USE

NEW SERVITUDE, 15M OR WIDER

46
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : COASTAL ACCESS LAND

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

MIN MAX FRONTAGE (M)

BUILDING LINES SIDE SPACES REAR SPACES

COASTAL N/A N/A N/A 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - Refer to the National
ACCESS LAND storey, whichever is storey, whichever is Environmental Management
the greater the greater Coastal Management Act, 2008;
- For provisions relating to parking
and loading refer to Clause [Link]
and [Link];

This is a zone as defined in the National

Environmental Management Integrated
Coastal Management Act, 2008, which aims to
secure public access to coastal public
property.

47
 SECTION 2 : LAND USE ZONES

COASTAL ACCESS LAND

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

COFFEE SHOP / TEA GARDEN ARTS AND CRAFTS WORKSHOP SPECIAL USE Buildings and land uses not At the sole discretion of Council and informed by a Development Plan
included in columns 1 to 3.
NEW SERVITUDE, 15M OR
CONSERVATION PURPOSES CARETAKER ACCOMMODATION WIDER

HARBOUR INFRASTRUCTURE PLACE OF AMUSEMENT

HARBOUR MANAGEMENT PRIVATE RECREATIONAL USE

INFORMAL TRADE AREA

MARINA INFRASTRUCTURE

MUNICIPAL PURPOSES

PARKING ERF / PARKADE

PLACE OF ASSEMBLY

PUBLIC / PRIVATE STREET

PUBLIC RECREATIONAL USE

RECREATIONAL BUILDING

SHOP - GENERAL

UTILITIES FACILITY

48
 SECTION 2 : LAND USE ZONES

2.2.3 MIXED-USE / COMMERCIAL

ZONE CATEGORY : COMMERCIAL 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

COMMERCIAL 1 1000m2 N/A N/A 0m 0m on ground floor : 4,5m or 1,5m per - For provisions relating to parking
storey whichever is greater for residential and loading refer to Clause [Link]
building and hotel above ground floor. and [Link];
- For provision relating to the use of
land refer to Clause 4.1.4

This is a zone intended to provide for the use

of retail, personal services, entertainment,
offices, residential, public facilities and related
commercial uses at high intensities that
normally comprise a town centre

49
 SECTION 2 : LAND USE ZONES

COMMERCIAL 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM CARWASH FACILITY FUNERAL PARLOUR Buildings and land uses not 3,00 100% UR
included in columns 1 to 3.
COMMERCIAL WORKSHOP EDUCATIONAL BUILDING HOME BUSINESS

CONVENTION CENTRE GAMBLING PREMISES INSTITUTION

GENERAL SHOWROOM
HOTEL INDUSTRY – LIGHT

HOME ACTIVITY
LAUNDERETTE INDUSTRY – SERVICE

INFORMAL TRADE AREA

MUNICIPAL PURPOSES SPECIAL USE

NIGHT CLUB / BAR

OFFICE - GENERAL

PLACE OF WORSHIP
OFFICE - PROFESSIONAL

SHOP – WHOLESALE
PARKING ERF / PARKADE

UTILITIES FACILITY
PLACE OF AMUSEMENT

PLACE OF ASSEMBLY

PUBLIC OFFICE

PRIVATE RECREATIONAL USE

RECREATIONAL BUILDING

RESIDENTIAL BUILDING (except on

ground floor)

SERVICE WORKSHOP

SHOP – FACTORY

SHOP - GENERAL

50
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : COMMERCIAL 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

COMMERCIAL 2 1000m2 N/A N/A 0m 0m on ground floor : 4,5m or 1,5m per - For provisions relating to parking
storey whichever is greater for residential and loading refer to Clause [Link]
building and hotel above ground floor. and [Link];
- For provision relating to the use of
land refer to Clause 4.1.4

This is a zone intended to provide for the use

of retail, personal services, entertainment,
offices, residential, public facilities and related
commercial uses at medium intensities that
normally comprise a town centre

51
 SECTION 2 : LAND USE ZONES

COMMERCIAL 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM CARWASH FACILITY FUNERAL PARLOUR Buildings and land uses not 2,00 100% UR
included in columns 1 to 3.
COMMERCIAL WORKSHOP
GAMBLING PREMISES HOME BUSINESS
CONVENTION CENTRE
GENERAL SHOWROOM
INSTITUTION
EDUCATIONAL BUILDING
HOME ACTIVITY
HOTEL SPECIAL USE

LAUNDERETTE INFORMAL TRADE AREA

MUNICIPAL PURPOSES
NIGHT CLUB / BAR
OFFICE - GENERAL
PLACE OF WORSHIP
OFFICE - PROFESSIONAL

PARKING ERF / PARKADE SHOP – WHOLESALE

PLACE OF AMUSEMENT UTILITIES FACILITY

PLACE OF ASSEMBLY

PUBLIC OFFICE

RECREATIONAL BUILDING

RESIDENTIAL BUILDING (except on ground

floor)

SERVICE WORKSHOP

SHOP – FACTORY

SHOP - GENERAL

52
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : COMMERCIAL 3

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

COMMERCIAL 3 1000m2 N/A N/A 0m 0m on ground floor : 4,5m or 1,5m per - For provisions relating to parking
storey whichever is greater for residential and loading refer to Clause [Link]
building and hotel above ground floor. and [Link];
- For provision relating to the use of
land refer to Clause 4.1.4

This is a zone intended to provide for the use

of retail, personal services, entertainment,
offices, residential, public facilities and related
commercial uses at medium to low intensities
that comprise a town centre or outside thereof

53
 SECTION 2 : LAND USE ZONES

COMMERCIAL 3

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM CARWASH FACILITY FUNERAL PARLOUR Buildings and land uses not 1,00 100% UR
included in columns 1 to 3.
COMMERCIAL WORKSHOP
EDUCATIONAL BUILDING HOME BUSINESS
CONVENTION CENTRE
GAMBLING PREMISES
INSTITUTION
HOTEL
GENERAL SHOWROOM
LAUNDERETTE INDUSTRY – LIGHT
HOME ACTIVITY
MUNICIPAL PURPOSES
INDUSTRY - SERVICE
OFFICE - GENERAL INFORMAL TRADE AREA
SPECIAL USE
OFFICE - PROFESSIONAL
NIGHT CLUB / BAR
PARKING ERF / PARKADE
PLACE OF WORSHIP
PLACE OF AMUSEMENT

PLACE OF ASSEMBLY SHOP – WHOLESALE

PUBLIC OFFICE UTILITIES FACILITY

RECREATIONAL BUILDING

RESIDENTIAL BUILDING (except on ground floor)

SERVICE WORKSHOP

SHOP – FACTORY

SHOP - GENERAL

54
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : MIXED USE MEDIUM IMPACT

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

MIXED USE 400m2 N/A N/A 0m 0m on ground floor : 4,5m or 1,5m per - For provisions relating to parking
MEDIUM IMPACT storey whichever is greater for residential and loading refer to Clause [Link]
building above ground floor. and [Link];
- For provision relating to the use of
land refer to Clause 4.1.4

The mixed-use zone is intended to provide for

a range of retail, offices, residential and
community facilities to be located along key
interceptory locations / arterials and along
certain transport corridors.

Tenant mix could include a large supermarket

(bigger than 2 500m²), convenience retailers,
including uses such as a pharmacy, butchery,
video store, hairdresser, dry cleaner, liquor
store and a hardware store, national clothing
stores (to a limited extent), boutiques, shoes
and some comparative shopping, restaurants
and takeaways, services like medical facilities,
banking and limited office functions, and some
might have cinemas.

It is usually located on arterial roads and the

average radius of the primary trade area is
approximately 1,5-3km.

55
 SECTION 2 : LAND USE ZONES

MIXED USE MEDIUM IMPACT

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM CARWASH FACILITY HOME BUSINESS Buildings and land uses 1,00 100% UR
not included in columns
1 to 3.
COMMERCIAL WORKSHOP EDUCATIONAL BUILDING INDUSTRY – LIGHT

LAUNDERETTE GAMBLING PREMISES INDUSTRY – SERVICE

MUNICIPAL PURPOSES HOME ACTIVITY INSTITUTION

OFFICE – GENERAL PARKING ERF / PARKADE NIGHT CLUB / BAR

OFFICE – PROFESSIONAL PLACE OF WORSHIP SHOP – WHOLESALE

PLACE OF AMUSEMENT RECREATIONAL BUILDING SPECIAL USE

PLACE OF ASSEMBLY UTILITIES FACILITY

PUBLIC OFFICE

RESIDENTIAL BUILDING (except on ground floor)

SERVICE WORKSHOP

SHOP - GENERAL

56
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : MIXED USE LOW IMPACT

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

MIXED USE LOW 400m2 N/A N/A 0m 0m on ground floor : 4,5m or 1,5m per - For provisions relating to parking
IMPACT storey whichever is greater for a residential and loading refer to Clause [Link]
building above ground floor. and [Link];
- For provision relating to the use of
land refer to Clause 4.1.4

This mixed-use zone aims at satisfying the

local needs of the residents within one or two
adjoining suburbs, mainly focused on express
convenience, including a café/small food store,
takeaway foods, DVD stores, banks and ATM
facilities. It is usually located on collector
streets in suburbs and the average radius of
the primary trade area is approximately 1-
1,5km.

57
 SECTION 2 : LAND USE ZONES

MIXED USE LOW IMPACT

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM CARWASH FACILITY FUNERAL PARLOUR Buildings and land uses not 0,5 50% 2
included in columns 1 to 3.
COMMERCIAL WORKSHOP EDUCATIONAL BUILDING HOME BUSINESS

LAUNDERETTE HOME ACTIVITY GAMBLING PREMISES

MUNICIPAL PURPOSES PARKING ERF / PARKADE INDUSTRY – LIGHT

OFFICE – GENERAL PLACE OF AMUSEMENT INDUSTRY – SERVICE

OFFICE – PROFESSIONAL PLACE OF ASSEMBLY INSTITUTION

PUBLIC OFFICE PLACE OF WORSHIP NIGHT CLUB / BAR

RESIDENTIAL BUILDING (except on ground floor) RECREATIONAL BUILDING SHOP – WHOLESALE

SERVICE WORKSHOP UTILITIES FACILITY SPECIAL USE

SHOP - GENERAL

58
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : LIFESTYLE CENTRE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

0,5 ha N/A 18m 7,5m 3m 3m - For provisions relating to parking

and loading refer to Clause [Link]
LIFESTYLE and [Link];
- For provision relating to the use of
CENTRE
land refer to Clause 4.1.4

“Big-box-type” retail facilities are large,

industrial-style buildings or stores with
footprints that generally range from 2,000 m²
to 20,000 m². While most big-boxes operate as
a single-storey structure, they typically have a
three-storey mass that stands more than 9m
tall.

It offers a wide variety of merchandise

including food and drink, automotive parts and
services, housewares, home furnishings,
apparel, beauty aids, etc.

The zone is differentiated from “Business

Park” in that this zone focuses more on
commercial than industrial type uses.

59
 SECTION 2 : LAND USE ZONES

LIFESTYLE CENTRE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM CARWASH FACILITY FUNERAL PARLOUR Buildings and land uses not included 0,50 50% UR
in columns 1 to 3.
COMMERCIAL WORKSHOP EDUCATIONAL BUILDING INDUSTRY – LIGHT

CONFERENCE FACILITY INDUSTRY - SERVICE INSTITUTION

GAMBLING PREMISES PLACE OF ASSEMBLY NIGHT CLUB / BAR

GENERAL SHOWROOM PLACE OF WORSHIP SPECIAL USE

HOTEL RECREATIONAL BUILDING

INFORMAL TRADE AREA UTILITIES FACILITY

LAUNDERETTE

MUNICIPAL PURPOSES

OFFICE – GENERAL

OFFICE – PROFESSIONAL

PARKING ERF / PARKADE

PLACE OF AMUSEMENT

PUBLIC OFFICE

SERVICE WORKSHOP

SHOP - FACTORY

SHOP – GENERAL

SHOP – WHOLESALE

VETERINARY PURPOSES

60
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : BUSINESS PARK

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

BUSINESS PARK 1200m2 N/A 18m 7,5m 3m 3m - For provisions relating to parking
and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.4

“Big-box-type” retail facilities are large,

industrial-style buildings or stores with
footprints that generally range from 2,000 m²
to 20,000 m². While most big-boxes operate as
a single-storey structure, they typically have a
three-storey mass that stands more than 9m
tall.

It offers a wide variety of merchandise

including food and drink, automotive parts and
services, housewares, home furnishings,
apparel, beauty aids, etc.

The zone is differentiated from “Lifestyle

Centre” in that this zone focuses more on
service industrial and wholesale commercial
than general commercial type uses.

61
 SECTION 2 : LAND USE ZONES

BUSINESS PARK

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM CARETAKER ACCOMMODATION NIGHT CLUB / BAR Buildings and land uses not 1,00 70% UR
included in columns 1 to 3.
COMMERCIAL WORKSHOP EDUCATIONAL BUILDING SPECIAL USE

GENERAL SHOWROOM PLACE OF ASSEMBLY

HOTEL PLACE OF WORSHIP

INDUSTRY – LIGHT RECREATIONAL BUILDING

INDUSTRY - SERVICE SERVICE WORKSHOP

INSTITUTION (restricted to hospital only) UTILITIES FACILITY

LAUNDERETTE

OFFICE - GENERAL

PARKING ERF / PARKADE

PLACE OF AMUSEMENT

PUBLIC OFFICE

SHOP - FACTORY

SHOP – WHOLESALE

WAREHOUSE

62
 SECTION 2 : LAND USE ZONES

2.2.4 OFFICES

ZONE CATEGORY : PROFESSIONAL OFFICE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

PROFESSIONAL N/A N/A 18m 7,5m 2m or 1,5m per storey whichever is greater - For provisions relating to parking
OFFICE and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause [Link]

This is a zone for the development of distinct

office areas adjacent to other forms of
commercial development. Within the
Professional Office Zone, the primary purpose
is the provision of defined office districts
specifically to accommodate a range of
professional chambers and rooms.

63
 SECTION 2 : LAND USE ZONES

PROFESSIONAL OFFICE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

OFFICE – PROFESSIONAL HOME ACTIVITY HOME BUSINESS Buildings and land uses not 0,60 80% 2
included in columns 1 to 3.
EDUCATIONAL BUILDING RESIDENTIAL - DWELLING HOUSE SHOP – GENERAL

SEMI-PROFESSIONAL OFFICE, subject to SPECIAL USE

Council’s consideration

VETERINARY PURPOSES

64
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : OFFICE 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

OFFICE 1 N/A N/A 18m 7,5m 3m or 1,5m per storey whichever is greater - For provisions relating to parking
and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause [Link]

This is a zone for the development of distinct

office areas adjacent to other forms of
commercial development.

65
 SECTION 2 : LAND USE ZONES

OFFICE 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

EDUCATIONAL BUILDING COMMERCIAL WORKSHOP HOME BUSINESS Buildings and land uses not included 3,00 100% UR
in columns 1 to 3.
MUNICIPAL PURPOSES HOME ACTIVITY INSTITUTION

OFFICE – GENERAL PLACE OF WORSHIP PLACE OF ASSEMBLY

OFFICE - PROFESSIONAL RESIDENTIAL BUILDING SPECIAL USE

PARKING ERF / PARKADE SHOP (limited to 10% of site area)

PUBLIC OFFICE VETERINARY PURPOSES

RECREATIONAL BUILDING

66
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : OFFICE 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

OFFICE 2 900m2 N/A 18m 7,5m 3m 3m - For provisions relating to parking

and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause [Link]

This is a zone for the development of distinct

office areas adjacent to other forms of
commercial development.

67
 SECTION 2 : LAND USE ZONES

OFFICE 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

OFFICE – PROFESSIONAL VETERINARY PURPOSES SPECIAL USE Buildings and land uses not included in 0,65 50% 2
columns 1 to 3.
OFFICE - GENERAL

68
 SECTION 2 : LAND USE ZONES

2.3.1 SERVICE STATION AND DIRECT ACCESS FILLING STATION

ZONE CATEGORY : SERVICE STATION

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

SERVICE 2400m2 N/A 36m 7,5m 2m 2m - For provisions relating to parking

STATION and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.6

This zone permits activities such as service

station, public garage, and a restricted amount
of space devoted to restaurants, shops and
related services.

69
 SECTION 2 : LAND USE ZONES

SERVICE STATION

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

MUNICIPAL PURPOSES AUTOMOTIVE SHOWROOM SPECIAL USE Buildings and land uses 0,50 60% UR
not included in columns
1 to 3.
SERVICE STATION COMMERCIAL WORKSHOP

INDUSTRY – SERVICE

PUBLIC GARAGE

70
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : DIRECT ACCESS FILLING STATION

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

DIRECT ACCESS 2400m2 N/A 36m 7,5m 2m 2m - For provisions relating to parking
FILLING STATION and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.6

This means a service station that has direct

access from a major road such as National or
Provincial roads (normally an “Ultra City /
Engen 1-Stop type development)

71
 SECTION 2 : LAND USE ZONES

DIRECT ACCESS FILLING STATION

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

DIRECT ACCESS SERVICE CARETAKER ACCOMMODATION COMMERCIAL WORKSHOP Buildings and land uses not included in 1,00 60% UR
STATION columns 1 to 3.
UTILITIES FACILITY INDUSTRY - SERVICE

MUNICIPAL PURPOSES

RECREATIONAL BUILDING

SPECIAL USE

72
 SECTION 2 : LAND USE ZONES

2.3.2 INDUSTRIAL, HARBOUR AND MINING

ZONE CATEGORY : HARBOUR

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

HARBOUR N/A N/A N/A At the sole discretion of Council - For provisions relating to parking
and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.7

The provision of land for harbour purposes

managed in terms of legislation related to the
National Ports Authority. Harbours may
include land for administrative purposes,
customs, industrial uses, and areas for bulk
storage, terminals, custom posts, limited
commercial activity, social, health and
recreational activities for employees.

73
 SECTION 2 : LAND USE ZONES

HARBOUR

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING COMMUNITY GARDEN AGRICULTURAL INDUSTRY Buildings and land uses not 2,0 60% for sites ‹4Ha UR
included in columns 1 to 3.
AGRICULTURAL LAND EDUCATIONAL BUILDING (limited to a training INDUSTRY - EXTRACTIVE + 2,5% per Ha up to
facility ancillary to harbour-related uses) maximum of 75%
CONSERVATION PURPOSES
INDUSTRY – HIGH IMPACT
INSTITUTION
COMMERCIAL WORKSHOP
INDUSTRY - SALVAGE
HARBOUR INFRASTRUCTURE LAUNDERETTE
PUBLIC GARAGE
HARBOUR MANAGEMENT PARKING ERF / PARKADE
SHOP – GENERAL (other than provided
INDUSTRY – BULK STORAGE PLACE OF AMUSEMENT for in column 1)

INDUSTRY - GENERAL PLACE OF ASSEMBLY SPECIAL USE

INDUSTRY – LIGHT
PLACE OF WORSHIP WASTE TRANSFER / RECYCLING
INDUSTRY - SERVICE CENTRE
PRIVATE RECREATIONAL USE
MUNICIPAL PURPOSES
RECREATIONAL BUILDING
PUBLIC OFFICE
TERMINAL – PASSENGER LINER
PUBLIC / PRIVATE STREET

TERMINAL – TRUCK
RAILWAY INFRASTRUCTURE

RESIDENTIAL BUILDING / DWELLING HOUSE

(restricted to caretaker and/or emergency staff)

SHOP (restricted to total floor area of 50m 2 and to

provide for day-to-day needs of port employees)

UTILITIES FACILITY

WAREHOUSE

74
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : QUARRYING AND MINING

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

QUARRYING AND N/A N/A N/A At the sole discretion of Council - For provisions relating to parking
MINING and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.9

This zone is to be used to manage land

identified or used for the extraction of raw
minerals, sand or stone in a manner that is
compatible with sustainable development and
in terms of the relevant national, provincial and
local requirements and guidelines related to
quarrying, mining and environmental
management. Business operations directly
related to quarrying or mining which need to
be operated on the site or which process
materials derived from the extraction of
minerals, may be operated on the same site as
the quarry or mining operation provided they
do not negatively impact on the amenity of the
surrounding area in terms of noise, dust
emission or traffic safety.

75
 SECTION 2 : LAND USE ZONES

QUARRYING AND MINING

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING NONE AGRICULTURAL LAND (post mining) Buildings and land uses not At the sole discretion of Council and informed by a Development Plan
included in columns 1 to 3.
AGRICULTURAL LAND (pre mining) INDUSTRY – GENERAL

CONSERVATION PURPOSES INDUSTRY – HIGH IMPACT

EDUCATIONAL BUILDING (limited to a SPECIAL USE

training facility)

INDUSTRY - BULK STORAGE

INDUSTRY – EXTRACTIVE

PUBLIC / PRIVATE STREET

UTILITIES FACILITY

WASTE TRANSFER / RECYCLING

CENTRE

WAREHOUSE

76
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : HIGH IMPACT INDUSTRY

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

HIGH IMPACT N/A N/A 18m 8m on sites ‹4Ha 3m 3m - For provisions relating to parking
INDUSTRY and loading refer to Clause [Link]
and [Link];
15m on sites ›4Ha
- For provision relating to the use of
land refer to Clause 4.1.8

This zone permits manufacturing uses which

may not be compatible with other
manufacturing uses and which would have
major externalities on adjacent sensitive land
uses. This zone would permit manufacturing
activities that may produce significant air
pollution, vibration, noise, odour, or high
volume automobile and truck traffic.
Warehousing of materials that may be
considered noxious or hazardous may be
permitted in buildings in this zone, with
possible conditions and/or exceptions.

Outdoor storage, as either a principal use or

an ancillary use, could also be permitted in the
zone, with some possible conditions or
restrictions (i.e. as a Consent Use).

Office uses, as a principal use, would not be

permitted in the zone. Retail stores, eating
establishments and other personal service
uses would also not be permitted. Of the
service related uses, only service shops and
showrooms would be permitted.

77
 SECTION 2 : LAND USE ZONES

HIGH IMPACT INDUSTRY

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL INDUSTRY AGRICULTURAL BUILDING INDUSTRY – BULK STORAGE Buildings and land uses not 2,00 60% for sites ‹4Ha UR
included in columns 1 to 3.
CARETAKER ACCOMMODATION AGRICULTURAL LAND SPECIAL USE + 2,5% per Ha up to
maximum of 75%
COMMERCIAL WORKSHOP AUTOMOTIVE SHOWROOM

EDUCATIONAL BUILDING (limited to a training FUNERAL PARLOUR

facility)
INSTITUTION ( restricted to a clinic)
HARBOUR INFRASTRUCTURE

INDUSTRY- EXTRACTIVE

INDUSTRY – GENERAL

INDUSTRY – LIGHT

INDUSTRY – HIGH IMPACT

INDUSTRY – SALVAGE

INDUSTRY - SERVICE

MUNICIPAL PURPOSES

RAILWAY INFRASTRUCTURE

RESTRICTED BUILDING

UTILITIES FACILITY

WAREHOUSE

WASTE TRANSFER / RECYCLING CENTRE

78
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : HARBOUR-BOUND INDUSTRIAL

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

HARBOUR- N/A N/A 18m 8m on sites ‹4Ha 3m 3m - For provisions relating to parking
BOUND and loading refer to Clause [Link]
INDUSTRIAL and [Link];
15m on sites ›4Ha
- For provision relating to the use of
land refer to Clause 4.1.8

The Harbour-bound industrial zone is a zone

that permits activities, land use and buildings
connected to the import or export of products
and/or beneficiation and value-adding of
products, commodities and services. It may
include allied services and administrative
support activities which are normally
associated with such industries, and may
include industries within or outside of the
Richards Bay Industrial Development Zone.

79
 SECTION 2 : LAND USE ZONES

HARBOUR-BOUND INDUSTRIAL

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL INDUSTRY SHOP (Limited to 150m2 only) INDUSTRY – HIGH IMPACT Buildings and land uses not 2,00 60% for sites ‹4Ha UR
included in columns 1 to 3.
CARETAKER / EMERGENCY STAFF INDUSTRY - SALVAGE + 2,5% per Ha up to
ACCOMMODATION maximum of 75%
SPECIAL USE
HARBOUR INFRASTRUCTURE

INDUSTRY – BULK STORAGE

INDUSTRY - GENERAL

INDUSTRY – LIGHT

INDUSTRY - SERVICE

MUNICIPAL PURPOSES

PUBLIC OFFICE

RAILWAY INFRASTRUCTURE

WAREHOUSE

80
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : INDUSTRIAL DEVELOPMENT ZONE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

IDZ INDUSTRY N/A N/A 18m 8m on sites ‹4Ha 3m 3m - For provisions relating to parking
and loading refer to Clause [Link]
and [Link];
15m on sites ›4Ha
- For provision relating to the use of
land refer to Clause 4.1.8

The IDZ industrial zone is a zone created for

properties that fall within the Industrial
Development Zone and that permits activities,
land use and buildings connected to the import
or export of products and/or beneficiation and
value-adding of products, commodities and
services. It may include allied services and
administrative support activities which are
normally associated with such industries, and
may include industries within or outside of the
Richards Bay Industrial Development Zone.

81
 SECTION 2 : LAND USE ZONES

IDZ INDUSTRY

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL INDUSTRY SHOP (Limited to 150m2 only) INDUSTRY – BULK STORAGE Buildings and land uses not 0,70 60% for sites ‹4Ha UR
included in columns 1 to 3.
CARETAKER / EMERGENCY STAFF INDUSTRY - SALVAGE + 2,5% per Ha up to
ACCOMMODATION maximum of 75%
SPECIAL USE
HARBOUR INFRASTRUCTURE

INDUSTRY - GENERAL

INDUSTRY – LIGHT

INDUSTRY - SERVICE

MUNICIPAL PURPOSES

OFFICE - GENERAL

PUBLIC OFFICE

PRIVATE STREET

RAILWAY INFRASTRUCTURE

WAREHOUSE

82
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : GENERAL INDUSTRY 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

GENERAL 2000m2 N/A 18m 8m on sites ‹4Ha 3m 3m - For provisions relating to parking
INDUSTRY 1 and loading refer to Clause [Link]
and [Link];
15m on sites ›4Ha
- For provision relating to the use of
land refer to Clause 4.1.8

The General Industrial zone is a zone that permits

manufacturing uses, which are generally
compatible with other manufacturing uses. As a
cumulative industrial zone, it would permit a
combination of light manufacturing uses found in
other zones and more intensive manufacturing
uses that would normally be considered
incompatible with sensitive land uses, such as
those uses found in the residential and open space
zones.

Warehousing of materials considered non-noxious

or non-hazardous are permitted in buildings in this
zone. Outdoor storage, as an ancillary use, may be
permitted in the zone, subject to certain restrictions
involving the amount of area permitted on a lot,
setbacks, screening, and possibly the type of
materials permitted to be stored outdoors; i.e. via a
Consent Use procedure. Office uses, retail stores,
and certain eating establishments will be permitted
in the zone with certain conditions. The intention is
to ensure that office use is limited in size and scale
and is permitted to function with permitted
manufacturing and warehouse uses. Retail stores
and eating establishments shall be permitted for
the purposes of servicing manufacturing and
warehouse uses in all of the employment industrial
zones. Financial institutions, kennels, pet services,
service shops, and showrooms would be permitted
uses in the zone.

83
 SECTION 2 : LAND USE ZONES

GENERAL INDUSTRY 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM AGRICULTURAL BUILDING AGRICULTURAL INDUSTRY Buildings and land uses not 2,00 60% for sites ‹4Ha UR
included in columns 1 to 3.
COMMERCIAL WORKSHOP AGRICULTURAL LAND INDUSTRY – EXTRACTIVE + 2,5% per Ha up to
maximum of 75%
FUNERAL PARLOUR EDUCATIONAL BUILDING (limited to a OFFICE - GENERAL
training facility ancillary to industrial
purposes)
IMPOUNDMENT AREA RESTRICTED BUILDING

GAMBLING PREMISES
INDUSTRY – GENERAL SHOP – GENERAL

GENERAL SHOWROOM
INDUSTRY – LIGHT SHOP – FACTORY

INSTITUTION, (restricted to a clinic)

INDUSTRY – SALVAGE SHOP - WHOLESALE

RECREATIONAL BUILDING
INDUSTRY – SERVICE SPECIAL USE

VEHICLE TESTING STATION

MOTOR VEHICLE FITMENT CENTRE WASTE TRANSFER / RECYCLING CENTRE

MUNICIPAL PURPOSES

RAILWAY INFRASTRUCTURE

UTILITIES FACILITY

VETERINARY PURPOSES

WAREHOUSE

84
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : GENERAL INDUSTRY 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

GENERAL 1800m2 N/A 18m 7,5m 3m 3m - For provisions relating to parking

INDUSTRY 2 and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.8

The General Industrial zone is a zone that permits

manufacturing uses, which are generally
compatible with other manufacturing uses. As a
cumulative industrial zone, it would permit a
combination of light manufacturing uses found in
other zones and more intensive manufacturing
uses that would normally be considered
incompatible with sensitive land uses, such as
those uses found in the residential and open space
zones.

Warehousing of materials considered non-noxious

or non-hazardous are permitted in buildings in this
zone. Outdoor storage, as an ancillary use, may be
permitted in the zone, subject to certain restrictions
involving the amount of area permitted on a lot,
setbacks, screening, and possibly the type of
materials permitted to be stored outdoors; i.e. via a
Consent Use procedure. Office uses, retail stores,
and certain eating establishments will be permitted
in the zone with certain conditions. The intention is
to ensure that office use is limited in size and scale
and is permitted to function with permitted
manufacturing and warehouse uses. Retail stores
and eating establishments shall be permitted for
the purposes of servicing manufacturing and
warehouse uses in all of the employment industrial
zones. Financial institutions, kennels, pet services,
service shops, and showrooms would be permitted
uses in the zone.

85
 SECTION 2 : LAND USE ZONES

GENERAL INDUSTRY 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM AGRICULTURAL BUILDING AGRICULTURAL INDUSTRY Buildings and land uses not 1,00 80% UR
included in columns 1 to 3.
COMMERCIAL WORKSHOP AGRICULTURAL LAND OFFICE - GENERAL

FUNERAL PARLOUR EDUCATIONAL BUILDING (limited to a RESTRICTED BUILDING

training facility ancillary to industrial
purposes)
IMPOUNDMENT AREA RECREATIONAL BUILDING

GAMBLING PREMISES
INDUSTRY – GENERAL SHOP – GENERAL

GENERAL SHOWROOM
INDUSTRY – LIGHT SHOP – FACTORY

INDUSTRY – SALVAGE INSTITUTION, (restricted to a clinic)

SHOP - WHOLESALE

VEHICLE TESTING STATION

INDUSTRY – SERVICE SPECIAL USE

MOTOR VEHICLE FITMENT CENTRE WASTE TRANSFER / RECYCLING CENTRE

MUNICIPAL PURPOSES

PUBLIC OFFICE

RAILWAY INFRASTRUCTURE

UTILITIES FACILITY

VETERINARY PURPOSES

WAREHOUSE

86
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : LIGHT INDUSTRY 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

LIGHT INDUSTRY 1200m2 N/A 18m 7,5m 2m 2m - For provisions relating to parking
1 and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.8

The Light Industry zone is a zone that permits

manufacturing uses which are compatible with
land uses permitted in adjacent sensitive land
use zones, such as residential, mixed use and
open space zones. As a light industrial zone, it
would permit manufacturing activities that
usually do not involve vibration, noise, odour,
cause undue load on any existing or proposed
engineering services or high volume of
automobile and truck traffic.

Warehousing of materials considered non-

noxious or non-hazardous are permitted in
buildings in this zone, with possible conditions.

Outdoor storage, as an ancillary use, would be

extremely limited if not outright prohibited.

Office and commercial uses would be

permitted with conditions in this zone, I.e. with
a Consent Use Procedure.

87
 SECTION 2 : LAND USE ZONES

LIGHT INDUSTRY 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM AGRICULTURAL BUILDING AGRICULTURAL INDUSTRY Buildings and land uses not 2,00 60% UR
included in columns 1 to 3.
COMMERCIAL WORKSHOP AGRICULTURAL LAND IMPOUNDMENT AREA

FUNERAL PARLOUR CARETAKER ACCOMMODATION INDUSTRY – SALVAGE

INDUSTRY – LIGHT EDUCATIONAL BUILDING OFFICE - GENERAL

INDUSTRY - SERVICE GAMBLING PREMISES PLACE OF AMUSEMENT

MOTOR VEHICLE FITMENT CENTRE GENERAL SHOWROOM PLACE OF ASSEMBLY

MUNICIPAL PURPOSES PUBLIC OFFICE PLACE OF WORSHIP

PARKING ERF / PARKADE RECREATIONAL BUILDING RESTRICTED BUILDING

VETERINARY PURPOSES UTILITIES FACILITY SHOP – GENERAL

WAREHOUSE VEHICLE TESTING STATION SHOP – FACTORY

SHOP - WHOLESALE

SPECIAL USE

88
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : LIGHT INDUSTRY 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

2
LIGHT INDUSTRY 1200m N/A 18m 7,5m 2m 2m - For provisions relating to parking
2 and loading refer to Clause [Link]
and [Link];
- For provision relating to the use of
land refer to Clause 4.1.8

The Light Industry zone is a zone that permits

manufacturing uses which are compatible with
land uses permitted in adjacent sensitive land
use zones, such as residential, mixed use and
open space zones. As a light industrial zone, it
would permit manufacturing activities that
usually do not involve vibration, noise, odour,
cause undue load on any existing or proposed
engineering services or high volume of
automobile and truck traffic.

Warehousing of materials considered non-

noxious or non-hazardous are permitted in
buildings in this zone, with possible conditions.

Outdoor storage, as an ancillary use, would be

extremely limited if not outright prohibited.

Office and commercial uses would be

permitted with conditions in this zone, I.e. with
a Consent Use Procedure.

89
 SECTION 2 : LAND USE ZONES

LIGHT INDUSTRY 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AUTOMOTIVE SHOWROOM AGRICULTURAL BUILDING AGRICULTURAL INDUSTRY Buildings and land uses not 0,50 50% 3
included in columns 1 to 3.
COMMERCIAL WORKSHOP AGRICULTURAL LAND IMPOUNDMENT AREA

FUNERAL PARLOUR CARETAKER ACCOMMODATION INDUSTRY – SALVAGE

INDUSTRY – LIGHT EDUCATIONAL BUILDING OFFICE - GENERAL

INDUSTRY - SERVICE GAMBLING PREMISES PLACE OF AMUSEMENT

MOTOR VEHICLE FITMENT CENTRE GENERAL SHOWROOM PLACE OF ASSEMBLY

MUNICIPAL PURPOSES PUBLIC OFFICE PLACE OF WORSHIP

PARKING ERF / PARKADE RECREATIONAL BUILDING RESTRICTED BUILDING

VETERINARY PURPOSES UTILITIES FACILITY SHOP – GENERAL

WAREHOUSE VEHICLE TESTING STATION SHOP – FACTORY

SHOP - WHOLESALE

SPECIAL USE

90
 SECTION 2 : LAND USE ZONES

2.3.3 RESIDENTIAL

ZONE CATEGORY : SPECIAL RESIDENTIAL

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BULK FACTORS BUILDING LINES, SIDE AND REAR ADDITIONAL
ERF SIZE STREET SPACES REQUIREMENTS /
COMMENTS
FRONTAGE (M)

MIN MAX

HEIGHT
FAR COVER BUILDING SIDE REAR
AGE LINES SPACES SPACES

SPECIAL <300m2 8m 0,80 70% 2 3m 2m or 1,5m per storey - For provisions

RESIDENTIAL whichever the greater relating to parking
and loading refer to
Clause [Link] and
[Link];
- For provision
300- 500m2 12m 0,60 60% 2 3m 2m or 1,5m per storey relating to the use
whichever the greater of land refer to
Clause 3.2.8;
- For additional
provisions refer to
Clause 4.1.10
501-800m2 15m 0,50 50% 2 4m 2m or 1,5m per storey
This zone promotes the development of whichever the greater
primarily detached dwelling units, but does
permit multi-family dwellings; and where a
limited number of compatible ancillary uses,
which have a non-disruptive impact on a
neighbourhood amenity, may be allowed.

>800m2 18m 0,40 40% 2 5m 2m or 1,5m per storey

whichever the greater

91
 SECTION 2 : LAND USE ZONES

SPECIAL RESIDENTIAL

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

RESIDENTIAL - DWELLING HOUSE ADDITIONAL DWELLING UNIT HOME BUSINESS (subject to Buildings and land uses not included in As detailed under the categories listed above
restrictions as detailed in Clause columns 1 to 3.
[Link].1)
HOME ACTIVITY

RESIDENTIAL - MEDIUM DENSITY

2
(limited to sites >1800m in size)

SPECIAL USE

92
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : MEDIUM DENSITY RESIDENTIAL 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE (M)

MIN MAX

BUILDING LINES SIDE REAR SPACES

SPACES

MEDIUM DENSITY 3600m2 N/A 21m 7,5m along the Side and rear space requirements do not - For provisions relating to parking and
RESIDENTIAL 1 external street apply to dwelling unit curtilages, except loading refer to Clause [Link] and
frontage along the side and rear boundaries of the [Link];
Medium Density Housing site, where the - For provision relating to the use of
minimum side and rear space shall be land refer to Clause 3.2.8;
4,5. - For additional provisions refer to
Clause 4.1.10

This zone is intended to promote the

development of attached and detached
dwelling units as part of a larger planned
residential development. It creates
opportunity for medium density residential
development around central urban areas,
along development corridors and to achieve
densification of urban land.

93
 SECTION 2 : LAND USE ZONES

MEDIUM DENSITY RESIDENTIAL 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

RESIDENTIAL - DWELLING HOUSE HOME ACTIVITY HOME BUSINESS Buildings and land uses not 0,6 50% 3
included in columns 1 to 3.
RESIDENTIAL - MEDIUM DENSITY LODGE

RESIDENTIAL BUILDING

SPECIAL USE

94
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : MEDIUM DENSITY RESIDENTIAL 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE (M)

MIN MAX

BUILDING LINES SIDE REAR SPACES

SPACES

MEDIUM DENSITY 1800m2 N/A 21m 7,5m along the Side and rear space requirements do not - For provisions relating to parking and
RESIDENTIAL 2 external street apply to dwelling unit curtilages, except loading refer to Clause [Link] and
frontage along the side and rear boundaries of the [Link];
Medium Density Housing site, where the - For provision relating to the use of
minimum side and rear space shall be land refer to Clause 3.2.8;
4,5 m. - For additional provisions refer to
Clause 4.1.10

This zone is intended to promote the

development of attached and detached
dwelling units as part of a larger planned
residential development. It creates
opportunity for medium density residential
development around central urban areas,
along development corridors and to achieve
densification of urban land.

95
 SECTION 2 : LAND USE ZONES

MEDIUM DENSITY RESIDENTIAL 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

RESIDENTIAL - DWELLING HOUSE HOME ACTIVITY HOME BUSINESS Buildings and land uses not 0,4 40% 2
included in columns 1 to 3.
RESIDENTIAL - MEDIUM DENSITY LODGE

RESIDENTIAL BUILDING

SPECIAL USE

96
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : HIGH DENSITY RESIDENTIAL 1

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS / COMMENTS
SIZE STREET

FRONTAGE (M)

MIN MAX

BUILDING SIDE REAR SPACES

LINES SPACES

HIGH DENSITY 1800m2 N/A 21m 7,5m 4,5m or 1,5m per storey, whichever - For provisions relating to parking and loading
RESIDENTIAL 1 is greater refer to Clause [Link] and [Link];
- For provision relating to the use of land refer to
Clause 3.2.8;
- For additional provisions refer to Clause 4.1.10

This zone is intended to promote the

development of multi-unit residential units for
a wide range of residential accommodation
at a high density; together with a mix of
activities to cater for broader community
needs around central urban areas, along
corridors and to achieve densification of
urban land.

97
 SECTION 2 : LAND USE ZONES

HIGH DENSITY RESIDENTIAL 1

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

FREE ENTRY USES MAXIMUM PERMISSIBLE FLOOR FORMAL MAXIMUM PERMISSIBLE FLOOR AREA RATIO, CONSENT USES MAXIMUM PERMISSIBLE FLOOR AREA PROHIBITED USES
AREA RATIO, COVERAGE AND AUTHORITY COVERAGE AND HEIGHT RATIO, COVERAGE AND HEIGHT
HEIGHT USES
1 (I) 3 (I)

2 (I)

1 (II) 1 (III) 1 (IV) 2 (II) 2 (III) 2 (IV) 3 (II) 3 (III) 3 (IV)

FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT

RESIDENTIAL - MEDIUM
DENSITY
1,00 40% UR HOME ACTIVITY 1,00 40% UR HOME BUSINESS 1,00 40% UR Buildings and land uses
not included in columns
LAUNDERETTE (for use of 1 to 3.
residents only)

LODGE
EDUCATIONAL BUILDING 0,50 25% 8

RESIDENTIAL BUILDING
INSTITUTION

RESIDENTIAL -
PLACE OF WORSHIP
DWELLING HOUSE

SPECIAL USE

HOTEL 0,35 25% 2

PLACE OF AMUSEMENT

AND/OR

PLACE OFASSEMBLY which forms

part of a hotel

CHALET DEVELOPMENT 0,35 25% 2

PARKING ERF / PARKADE 1,00 60% 8

MUNICIPAL PURPOSES 0,30 30% 2

98
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : HIGH DENSITY RESIDENTIAL 2

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR ADDITIONAL REQUIREMENTS / COMMENTS
SIZE STREET SPACES

FRONTAGE (M)

MIN MAX

BUILDING SIDE REAR

LINES SPACES SPACES

HIGH DENSITY 1800m2 N/A 21m 7,5m 4,5m or 1,5m per storey, - For provisions relating to parking and loading refer to Clause
RESIDENTIAL 2 whichever is greater [Link] and [Link];
- For provision relating to the use of land refer to Clause 3.2.8;
- For additional provisions refer to Clause 4.1.10

This zone is intended to promote the

development of multi-unit residential units for
a wide range of residential accommodation
at a high density; together with a mix of
activities to cater for broader community
needs around central urban areas, along
corridors and to achieve densification of
urban land.

The main distinction between High Density

Residential 1, 2 and 3 is that the bulk factors
differ.

99
 SECTION 2 : LAND USE ZONES

HIGH DENSITY RESIDENTIAL 2

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

FREE ENTRY USES MAXIMUM PERMISSIBLE FLOOR FORMAL AUTHORITY MAXIMUM PERMISSIBLE FLOOR AREA CONSENT USES MAXIMUM PERMISSIBLE FLOOR AREA PROHIBITED USES
AREA RATIO, COVERAGE AND USES RATIO, COVERAGE AND HEIGHT RATIO, COVERAGE AND HEIGHT
HEIGHT
1 (I) 3 (I)
2 (I)

1 (II) 1 (III) 1 (IV) 2 (II) 2 (III) 2 (IV) 3 (II) 3 (III) 3 (IV)

FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT

Buildings and land uses not

RESIDENTIAL - MEDIUM included in columns 1 to 3.
DENSITY
0,80 40% 8 HOME ACTIVITY 0,80 40% 8 HOME BUSINESS 0,80 40% 8

LAUNDERETTE (for use of

residents only)

LODGE EDUCATIONAL BUILDING 0,50 25% 8

RESIDENTIAL BUILDING INSTITUTION

RESIDENTIAL - DWELLING PLACE OF WORSHIP

HOUSE
SPECIAL USE

HOTEL 0,35 25% 2

PLACE OF AMUSEMENT

AND/OR

PLACE OFASSEMBLY
which form part of a hotel

CHALET DEVELOPMENT 0,35 25% 2

PARKING ERF / 1,00 60% 8

PARKADE

MUNICIPAL PURPOSES 0,30 30% 2

100
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : HIGH DENSITY RESIDENTIAL 3

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR ADDITIONAL REQUIREMENTS / COMMENTS
SIZE STREET SPACES

FRONTAGE (M)

MIN MAX

BUILDING SIDE REAR

LINES SPACES SPACES

HIGH DENSITY 1800m2 N/A 21m 7,5m 4,5m or 1,5m per storey, - For provisions relating to parking and loading refer to
RESIDENTIAL 3 whichever is greater Clause [Link] and [Link];
- For provision relating to the use of land refer to Clause
3.2.8;
- For additional provisions refer to Clause 4.1.10

This zone is intended to promote the

development of multi-unit residential units for
a wide range of residential accommodation
at a high density; together with a mix of
activities to cater for broader community
needs around central urban areas, along
corridors and to achieve densification of
urban land.

The main distinction between High Density

Residential 1, 2 and 3 is that the bulk factors
differ.

101
 SECTION 2 : LAND USE ZONES

HIGH DENSITY RESIDENTIAL 3

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

FREE ENTRY USES MAXIMUM PERMISSIBLE FLOOR AREA FORMAL MAXIMUM PERMISSIBLE FLOOR AREA CONSENT USES MAXIMUM PERMISSIBLE FLOOR AREA PROHIBITED USES
RATIO, COVERAGE AND HEIGHT AUTHORITY USES RATIO, COVERAGE AND HEIGHT RATIO, COVERAGE AND HEIGHT
1 (I) 3 (I)
2 (I)

1 (II) 1 (III) 1 (IV) 2 (II) 2 (III) 2 (IV) 3 (II) 3 (III) 3 (IV)

FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT

RESIDENTIAL - MEDIUM 0,55 40% 6 HOME ACTIVITY 0,55 40% 6 HOME BUSINESS 0,55 40% 6 Buildings and land uses not
DENSITY included in columns 1 to 3.

LAUNDERETTE (for use of

residents only)
EDUCATIONAL 0,50 25% 8
LODGE BUILDING

RESIDENTIAL BUILDING INSTITUTION

RESIDENTIAL - DWELLING PLACE OF WORSHIP

HOUSE
SPECIAL USE

HOTEL 0,35 25% 2

PLACE OF
AMUSEMENT

AND/OR

PLACE OFASSEMBLY
which form part of a
hotel

CHALET 0,35 25% 2

DEVELOPMENT

PARKING ERF / 1,00 60% 8

PARKADE

MUNICIPAL 0,30 30% 2

PURPOSES

102
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : WATERFRONT RESIDENTIAL

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

WATERFRONT 2 ha N/A 18m 7,5m 4,5m or 1,5m per 4,5m or 1,5m per - For provisions relating to parking
RESIDENTIAL storey, whichever is storey, whichever is and loading refer to Clause [Link]
the greater the greater and [Link];
- For provision relating to the use of
land refer to Clause 3.2.8;
- For additional provisions refer to
Clause 4.1.10

A residential estate-type development that has

direct access to a waterfront.

103
 SECTION 2 : LAND USE ZONES

WATERFRONT RESIDENTIAL

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

RESIDENTIAL – DWELLING HOME ACTIVITY HOME BUSINESS Buildings and land uses not 0,6 45% 2
HOUSE included in columns 1 to 3.
SPECIAL USE
RESIDENTIAL – MEDIUM
DENSITY

RESIDENTIAL BUILDING

MARINA INFRASTRUCTURE

104
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : RESIDENTIAL ESTATE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

RESIDENTIAL 5 ha N/A 21m 7,5m along the Side and rear space requirements do not - For provisions relating to parking
ESTATE external street apply to dwelling unit curtilages, except and loading refer to Clause [Link]
frontage along the side and rear boundaries of the and [Link];
Residential Estate site, where the minimum - For provision relating to the use of
side and rear space shall be 4,5 m or 1,5m land refer to Clause 3.2.8;
per storey (whichever is the greatest) - For additional provisions refer to
Clause 4.1.10

A large mixed use zone that makes provision

for the development of an aesthetically
pleasing residential estate, providing a mix of
residential and recreational options, and
sometimes limited educational and commercial
options for the convenience of the residents,
located within a secure gated environment.

105
 SECTION 2 : LAND USE ZONES

RESIDENTIAL ESTATE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

FREE ENTRY USES MAXIMUM PERMISSIBLE FLOOR FORMAL AUTHORITY USES MAXIMUM PERMISSIBLE FLOOR AREA CONSENT USES MAXIMUM PERMISSIBLE FLOOR AREA PROHIBITED USES
AREA RATIO, COVERAGE AND RATIO, COVERAGE AND HEIGHT RATIO, COVERAGE AND HEIGHT
HEIGHT
1 (I) 2 (I) 3 (I)

1 (II) 1 (III) 1 (IV) 2 (II) 2 (III) 2 (IV) 3 (II) 3 (III) 3 (IV)

FAR COVERAGE HEIG FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT

HT

RESIDENTIAL COMPONENT

AGRICULTURAL 0,125 12,5% 2 DAYCARE FACILITY 0,6 50% 3 INSTITUTION (limited to a 0,50 50% 8 Buildings and land uses not included in
LAND frail care facility for the columns 1 to 3.
HOME ACTIVITY elderly)
COMMUNITY
GARDEN MARINA INFRASTRUCTURE

RESIDENTIAL
BUILDING
0,8 40% 8

RESIDENTIAL – 0,6 50% 3 AGRICULTURAL 0,6 50% 3

MEDIUM DENSITY BUILDING
PRIVATE HOME BUSINESS
RECREATIONAL
USE LODGE

PUBLIC / PRIVATE
STREET

RECREATION / EDUCATIONAL / COMMERCIAL COMPONENT

CARWASH FACILITY 0.60 50% 4 NONE OFFICE – GENERAL 0.60 50% 4 Buildings and land uses not included in
columns 1 to 3.
COMMERCIAL PLACE OF WORSHIP
WORKSHOP
SPECIAL USE
EDUCATIONAL
BUILDING VETERINARY PURPOSES

LAUNDERETTE
PRIVATE
RECREATIONAL
USE
PUBLIC / PRIVATE
STREET
RECREATIONAL
BUILDING
SERVICE STATION
SHOP - GENERAL

106
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : RETIREMENT VILLAGE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

RETIREMENT 7,5m along 5 the Side and rear space requirements do not - For provisions relating to parking
VILLAGE external street apply to dwelling unit curtilages, except and loading refer to Clause [Link]
frontage along the side and rear boundaries of the and [Link];
5 ha N/A 21m
Retirement Village site, where the minimum - For provision relating to the use of
side and rear space shall be 4,5 m or 1,5m land refer to Clause 3.2.8;
per storey (whichever is the greatest) - For additional provisions refer to
Clause 4.1.10

A development intended for the accommodation or

settlement of persons upon their retirement. Such
development should:

• provide a variety of accommodation,

recreational and care options for its residents;
• empower the senior citizen community. As
such, this zoning provides for:
• continued employment options for senior
citizens; and
• the continued integration of the senior citizen
community with the rest of the community (i.e.
“public contact” areas).

Facilities may provide for the following components

as part of a mixed use development:

• a medium density housing component,

including private and common open space and
utility areas,
• a frail care centre and assisted living
component, including common open space and
utility areas,
• a recreational and community centre
component, including common open space and
utility areas. This component may include
incidental land uses such as an office building,
medical facility, agricultural uses, educational
buildings, library, laundry / launderette, shop,
hobby workshops, community market, etc.,
which in each case shall be restricted as
required by the Municipality, and be for the sole
use of occupants and guests, unless otherwise
stated.

107
 SECTION 2 : LAND USE ZONES

RETIREMENT VILLAGE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

FREE ENTRY USES MAXIMUM PERMISSIBLE FLOOR FORMAL MAXIMUM PERMISSIBLE FLOOR AREA CONSENT USES MAXIMUM PERMISSIBLE FLOOR AREA PROHIBITED USES
AREA RATIO, COVERAGE AND AUTHORITY USES RATIO, COVERAGE AND HEIGHT RATIO, COVERAGE AND HEIGHT
HEIGHT
1 (I) 3 (I)
2 (I)

1 (II) 1 (III) 1 (IV) 2 (II) 2 (III) 2 (IV) 3 (II) 3 (III) 3 (IV)

FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT FAR COVERAGE HEIGHT

COMPONENT A : ASSISTED LIVING AND FRAIL CARE

INSTITUTION N/A Buildings and land uses not

included in columns 1 to 3.
PUBLIC / PRIVATE 0.50 50% UR RESTRICTED BUILDING 0.50 50% UR
STREET
SPECIAL BUILDING

RESIDENTIAL BUILDING 0,8 40% 8

COMPONENT B : MEDIUM DENSITY HOUSING

RESIDENTIAL - MEDIUM 0.45 40% 2 HOME ACTIVITY HOME BUSINESS 0.45 40% 2 Buildings and land uses not
DENSITY included in columns 1 to 3.
SPECIAL BUILDING
PUBLIC / PRIVATE
STREET

COMPONENT C : RECREATION AND COMMUNITY CENTRE

AGRICULTURAL LAND n/a GAMBLING PREMISES 0.60 50% 4 Buildings and land uses not
(restricted to community included in columns 1 to 3.
garden and/or plant HOTEL
nursery) SPECIAL BUILDING
ARTS AND CRAFTS 0.60 50% 4 N/A
WORKSHOP
CARWASH FACILITY
CONFERENCE FACILITY
EDUCATIONAL BUILDING
FLEA MARKET
HOBBY WORKSHOP
LAUNDERETTE
LODGE
MUNICIPAL PURPOSES
OFFICE – GENERAL

108
 SECTION 2 : LAND USE ZONES

OFFICE –
PROFESSIONAL
PARKING ERF /
PARKADE
PUBLIC / PRIVATE
STREET
PLACE OF AMUSEMENT
PLACE OF ASSEMBLY
PLACE OF WORSHIP
PRIVATE RECREATIONAL
USE
PUBLIC RECREATIONAL
USE
RECREATIONAL
BUILDING
SHOP – GENERAL
VETERINARY PURPOSES

109
 SECTION 2 : LAND USE ZONES

2.3.4 HOTELS AND RESORTS

ZONE CATEGORY : HOTELS

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING LINES SIDE SPACES REAR SPACES

HOTEL 3600m2 N/A 18m 7,5m 4,5m or 1,5m per storey, whichever is - For provisions relating to parking
greater and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause 4.1.11

A zone that makes provision for holiday

accommodation, including a licensed hotel,
and includes a range of related facilities such
as recreational facilities, shop and laundromat
for the exclusive use of the guests, public
lounge, restaurant and bar areas.

110
 SECTION 2 : LAND USE ZONES

HOTEL

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CONFERENCE FACILITY ARTS AND CRAFTS WORKSHOP HOME BUSINESS Buildings and land uses not 1,00 60% 8
included in columns 1 to 3.
HOTEL EDUCATIONAL BUILDING INSTITUTION

LODGE GAMBLING PREMISES (which forms part SPECIAL USE

of a hotel)
NIGHT CLUB / BAR (which forms part of
a hotel) HOME ACTIVITY

PLACE OF AMUSEMENT (which forms MARINA INFRASTRUCTURE

part of a hotel)
MUNICIPAL PURPOSES
PLACE OF ASSEMBLY (which forms
part of a hotel)
PARKING ERF / PARKADE

PRIVATE RECREATIONAL USE

PLACE OF WORSHIP

RECREATIONAL BUILDING
RESIDENTIAL – DWELLING HOUSE

RESIDENTIAL BUILDING
RESIDENTIAL - MEDIUM DENSITY

UTILITIES FACILITY

111
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : RESORT HIGH IMPACT

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAG
MIN MAX E (M)

BUILDING LINES SIDE SPACES REAR SPACES

RESORT HIGH 10 ha and N/A 21m 7,5m 4,5m or 1,5m per storey, whichever is - For provisions relating to parking
IMPACT supported greater and loading refer to Clause [Link]
by a and [Link];
developm - For additional provisions refer to
ent plan Clause [Link]

A zone that makes provision for the

development of tourist associated residential
units in conjunction with recreation and other
resort facilities as part of the tourism industry.

112
 SECTION 2 : LAND USE ZONES

RESORT HIGH IMPACT

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CASINO CAMPING AND CARAVAN PARK SPECIAL USE Buildings and land uses not 0,40 40% 6
included in columns 1 to 3.
MUNICIPAL PURPOSES CHALET DEVELOPMENT

OFFICE - GENERAL EDUCATIONAL BUILDING

PUBLIC / PRIVATE STREET MARINA INFRASTRUCTURE

RESORT DEVELOPMENT RESIDENTIAL BUILDING

RESIDENTIAL - MEDIUM DENSITY

UTILITIES FACILITY

113
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : RESORT LOW IMPACT

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – ERF MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
SIZE STREET COMMENTS

FRONTAGE
MIN MAX (M)

BUILDING SIDE SPACES REAR SPACES

LINES

RESORT LOW 2 ha and N/A 21m 7,5m 4,5m 4,5m - For provisions relating to parking
IMPACT supported and loading refer to Clause [Link]
by a and [Link];
developme - For additional provisions refer to
nt plan Clause [Link]

A zone that makes provision for the

development of tourist associated residential
units in conjunction with recreation and other
resort facilities as part of the tourism industry.

114
 SECTION 2 : LAND USE ZONES

RESORT LOW IMPACT

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CARETAKER ACCOMMODATION AGRICULTURAL LAND PLACE OF AMUSEMENT Buildings and land uses not included 0,35 35% 2
in columns 1 to 3.
COFFEE SHOP / TEA GARDEN UTILITIES FACILITY PLACE OF ASSEMBLY

LAUNDERETTE MARINA INFRASTRUCTURE RECREATIONAL BUILDING

PRIVATE RECREATIONAL USE SHOP - GENERAL

PUBLIC / PRIVATE STREET SPECIAL USE

TUCK SHOP

CAMPING AND CARAVAN PARK 0,35 35% 2

CHALET DEVELOPMENT May not exceed 20 May not exceed 20 dwelling

dwelling units and/or units and/or caravans per
caravans per gross ha. gross ha.
RESIDENTIAL - MEDIUM DENSITY

PARKS FOR MOBILE HOMES

115
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : HARBOUR RESORT

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

HARBOUR N/A N/A N/A 7,5m 4,5m or 1,5m per storey, whichever is - For provisions relating to parking
RESORT greater and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link]

The provision of land for mixed – use harbour

resort purposes.

116
 SECTION 2 : LAND USE ZONES

HARBOUR RESORT

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND
HEIGHT

FAR COVERAGE HEIGHT

ARTS AND CRAFTS WORKSHOP AUTOMOTIVE SHOWROOM (for sea craft AGRICULTURAL INDUSTRY (limited Buildings and land uses not included in At the sole discretion of Council and supported by a Development Plan
only) to mariculture) columns 1 to 3.
CAMPING AND CARAVAN PARK

CHALET DEVELOPMENT CARWASH FACILITY HOME BUSINESS

HARBOUR INFRASTRUCTURE COMMERCIAL WORKSHOP NIGHT CLUB / BAR

HARBOUR MANAGEMENT
EDUCATIONAL BUILDING PUBLIC GARAGE
HOTEL

LAUNDERETTE GAMBLING PREMISES SPECIAL USE

MARINA INFRASTRUCTURE HOME ACTIVITY TERMINAL – PASSENGER LINER

MUNICIPAL PURPOSES
INDUSTRY – LIGHT
OFFICE - GENERAL
INDUSTRY - SERVICE
PARKING ERF / PARKADE

PLACE OF AMUSEMENT PLACE OF WORSHIP

PLACE OF ASSEMBLY
RAILWAY INFRASTRUCTURE
PRIVATE RECREATIONAL USE
WAREHOUSE
PUBLIC RECREATIONAL USE

PUBLIC OFFICE

PUBLIC / PRIVATE STREET

RECREATIONAL BUILDING

RESIDENTIAL BUILDING

RESIDENTIAL – MEDIUM DENSITY

SHOP – GENERAL

UTILITIES FACILITY

117
 SECTION 2 : LAND USE ZONES

2.3.5 TRANSPORTATION ROUTES OR CORRIDORS

ZONE CATEGORY : RAILWAYS

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

RAILWAYS N/A N/A N/A 7,5m 3m 3m - For provisions relating to parking

and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link]

A zone that makes provision for railway routes,

open areas for the storage and repairs of
trains, including warehouses for freight
operations.

118
 SECTION 2 : LAND USE ZONES

RAILWAYS

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL LAND WAREHOUSE IMPOUNDMENT AREA Buildings and land uses not included At the sole discretion of Council and supported by a Development Plan, if required by Council
in columns 1 to 3.
CARETAKER ACCOMMODATION SPECIAL USE

HARBOUR INFRASTRUCTURE TERMINAL - RAILWAYS

PUBLIC / PRIVATE STREET

RAILWAY INFRASTRUCTURE

UTILITIES FACILITY

119
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : EXISTING PUBLIC ROAD

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

EXISTING PUBLIC N/A N/A N/A N/A N/A N/A - Design and construction
ROAD subject to the engineering
specifications prescribed by
Council

This zone makes provision for the protection of

roads and road reserves for the free
movement of vehicular and pedestrian
transport, and is usually open to the public and
maintained by the relevant National, Provincial
or Local Authorities.

EXISTING PUBLIC ROAD

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

PUBLIC STREET INFORMAL TRADE AREA SPECIAL USE Buildings and land uses not included in At the sole discretion of Council
columns 1 to 3.
PARKING ERF / PARKADE
TERMINAL – BUS AND TAXI
UTILITIES FACILITY

120
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : PROPOSED ROAD

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

PROPOSED N/A N/A N/A N/A N/A N/A - Design and construction subject to
ROAD the engineering specifications
prescribed by Council

This zone makes provision for the reservation

of land designated as proposed new roads and
areas for road widening.

PROPOSED ROAD

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

PUBLIC AND PRIVATE STREET (Final AGRICULTURAL LAND SPECIAL USE Buildings and land uses not included in columns 1 to At the sole discretion of Council
alignment to be determined when 3.
development takes place.)

UTILITIES FACILITY

121
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : PRIVATE ROAD

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

PRIVATE ROAD N/A N/A N/A N/A N/A N/A - Design and construction subject to
the engineering specifications
prescribed by Council

This zone makes provision for the reservation

of land designated as private roads, as
opposed to roads that are open to the public.

PRIVATE ROAD

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

PRIVATE STREET NONE SPECIAL USE Buildings and land uses not included in columns At the sole discretion of Council
1 to 3.
PARKING ERF / PARKADE

122
 SECTION 2 : LAND USE ZONES

2.3.6 TRANSPORTATION TERMINALS

ZONE CATEGORY : AIRPORT / AIRFIELD

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

AIRPORT / N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
AIRFIELD and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link] and [Link]

A zone that makes provision for facilities to

enable aircraft to take off and land, usually
equipped with hangars, facilities for re-fuelling
and repair and various accommodations and
convenience facilities for passengers.

123
 SECTION 2 : LAND USE ZONES

AIRPORT / AIRFIELD

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL LAND NONE SPECIAL USE Buildings and land uses not included in columns 1 to At the sole discretion of Council and supported by a Development Plan
3.
CARETAKER ACCOMMODATION

TERMINAL – AIRPORT / AIRFIELD

UTILITIES FACILITY

124
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : INTERMODAL FACILITY

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

INTERMODAL N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
FACILITY and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link] and [Link]

A zone that makes provision for public

transport facilities including the parking, drop
off and collection of passengers by public and
private bus services and mini bus taxis.

125
 SECTION 2 : LAND USE ZONES

INTERMODAL FACILITY

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

TERMINAL – BUS AND TAXI NONE NONE Buildings and land uses not included in columns 1 to 3. 0,30 30% 2

AUTOMOTIVE SHOWROOM NONE FUNERAL PARLOUR 2,00 70% 4

COMMERCIAL WORKSHOP RECREATIONAL BUILDING

CARETAKER ACCOMMODATION SPECIAL USE

EDUCATIONAL BUILDING

GAMBLING PREMISES

INDUSTRY – SERVICE

LAUNDERETTE

MOTOR VEHICLE FITMENT CENTRE

PARKING AREA / PARKADE

PLACE OF ASSEMBLY

PLACE OF AMUSEMENT

PUBLIC OFFICE

SHOP – GENERAL

UTILITIES FACILITY

VETERINARY PURPOSES

126
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : TRUCK TERMINUS

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

TRUCK N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
TERMINUS and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link] and [Link]

A zone that makes provision for the servicing,

maintenance or repair of commercial vehicles
including the dispensing of motor fuel or other
petroleum products directly into motor vehicles
and the sale of accessories or equipment for
trucks and similar commercial vehicles. A
truck stop may also include overnight
accommodation and restaurant facilities
primarily for the use of truck crews.

127
 SECTION 2 : LAND USE ZONES

TRUCK TERMINUS

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

TERMINAL - TRUCK NONE NONE Buildings and land uses not included 0,30 30% 3
in columns 1 to 3.

INDUSTRY - SERVICE CHALET DEVELOPMENT GAMBLING PREMISES 2,00 70% 3

LAUNDERETTE RESIDENTIAL BUILDING SPECIAL USE

MUNICIPAL PURPOSES

PARKING AREA / PARKADE

PLACE OF AMUSEMENT

PLACE OF ASSEMBLY

PLACE OF WORSHIP (restricted to a

chapel)

PRIVATE RECREATIONAL USE

PUBLIC OFFICE (restricted to a clinic)

RECREATIONAL BUILDING

SHOP - GENERAL

128
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : RAILWAY TERMINUS

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

RAILWAY N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
TERMINUS and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link]

A zone that makes provision for the drop off

and collection of passengers by train, including
any facilities deemed necessary for the
operation of a railway facility including the
maintenance of railway vehicles.

129
 SECTION 2 : LAND USE ZONES

RAILWAY TERMINUS

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CARETAKER ACCOMMODATION CARWASH FACILITY COMMERCIAL WORKSHOP Buildings and land uses not At the sole discretion of Council and informed by a Development Plan
included in columns 1 to 3.
MUNICIPAL PURPOSES ARTS AND CRAFTS WORKSHOP INFORMAL TRADE AREA

PLACE OF ASSEMBLY WAREHOUSE SPECIAL USE

RAILWAY INFRASTRUCTURE

TERMINAL – RAILWAYS

UTILITIES FACILITY

130
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : PASSENGER LINER TERMINUS

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

PASSENGER N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
LINER TERMINUS and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link]

A zone that makes provision for the drop off

and collection of passengers by ship, including
any facilities deemed necessary for the
operation of a passenger liner facility including
a parkade/s, ticket sales, waiting and customs
control area, relevant warehousing, shops,
restaurants and tourism facilities.

131
 SECTION 2 : LAND USE ZONES

PASSENGER LINER TERMINUS

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

CARETAKER ACCOMMODATION ARTS AND CRAFTS WORKSHOP IMPOUNDMENT AREA Buildings and land uses At the sole discretion of Council and informed by a Development Plan
not included in columns
1 to 3.
HARBOUR INFRASTRUCTURE CARWASH FACILITY SPECIAL USE

HARBOUR MANAGEMENT COMMERCIAL WORKSHOP

MUNICIPAL PURPOSES GAMBLING PREMISES

PLACE OF ASSEMBLY INFORMAL TRADE AREA

TERMINAL – PASSENGER LINER PUBLIC OFFICE

WAREHOUSE

132
 SECTION 2 : LAND USE ZONES

2.3.7 PARKING

ZONE CATEGORY : PARKING AREA / PARKADE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

PARKING AREA / N/A N/A 18m 7,5m 4,5m or 1,5m per storey, whichever is - For additional provisions refer to
PARKADE greater Clause 4.1.15

A zone that reserves land for stand-alone

parking purposes. Certain commercial
activities which do not impact upon the primary
use of the land for parking may be permitted

133
 SECTION 2 : LAND USE ZONES

PARKING AREA / PARKADE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

PARKING ERF / PARKADE NONE SHOP - GENERAL (ANCILLARY TO A Buildings and land uses not included in 3,00 100% UR
PARKING ERF / PARKADE AND ON columns 1 to 3.
GROUND FLOOR ONLY)
CAR WASH FACILITY
(ANCILLARY TO A PARKING ERF
/ PARKADE) UTILITIES FACILITY

PUBLIC / PRIVATE STREET

134
 SECTION 2 : LAND USE ZONES

2.3.8 UTILITIES AND SERVICES

ZONE CATEGORY : SERVICES

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

SERVICES N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause 4.1.16

This zone makes provision for sites and

corridors reserved for the Municipality and
other service delivery agents to supply
services throughout the City.

135
 SECTION 2 : LAND USE ZONES

SERVICES

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING COMMUNITY GARDEN AGRICULTURAL INDUSTRY Buildings and land uses not included in At the sole discretion of Council
columns 1 to 3.
AGRICULTURAL LAND SPECIAL USE

HARBOUR INRASTRUCTURE

MARINA INFRASTRUCTURE

MUNICIPAL PURPOSES

PUBLIC / PRIVATE STREET

RAILWAY INFRASTRUCTURE

UTILITIES FACILITY

136
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : REFUSE SITE

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

REFUSE SITE N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause 4.1.16

This zone makes provision for disposal works

and infrastructure necessary for the
Municipality to permanently dispose of, or
recycle, solid waste

137
 SECTION 2 : LAND USE ZONES

REFUSE SITE

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

INDUSTRY - SALVAGE NONE SPECIAL USE Buildings and land uses not included in columns At the sole discretion of Council
1 to 3.
INDUSTRY – HIGH IMPACT (limited to a Refuse
Site)

MUNICIPAL PURPOSES

WASTE TRANSFER / RECYCLING CENTRE

UTILITIES FACILITY

138
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : WASTEWATER TREATMENT

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

WASTEWATER N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
TREATMENT and loading refer to Clause [Link]
PLANT and [Link];
- For additional provisions refer to
Clause [Link]

This zone makes provision for sewerage

treatment works and associated infrastructure
necessary for the Municipality to manage and
treat sewage.

WASTEWATER TREATMENT PLANT

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

INDUSTRY – HIGH IMPACT (limited to sewage NONE SPECIAL USE Buildings and land uses not At the sole discretion of Council
treatment or sewage macerators) included in columns 1 to 3.

MUNICIPAL PURPOSES

UTILITIES FACILITY

139
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : WATER WORKS & RESERVOIR

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

WATER WORKS & N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
RESERVOIR and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link]

This zone makes provision for reservoirs,

water works and infrastructure necessary for
the Municipality to treat and deliver water
throughout the City.

WATER WORKS & RESERVOIR

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

MUNICIPAL PURPOSES NONE SPECIAL USE Buildings and land uses not included in columns At the sole discretion of Council
1 to 3.
UTILITIES FACILITY

140
 SECTION 2 : LAND USE ZONES

ZONE CATEGORY : CEMETERY

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

CEMETERY N/A N/A N/A 7,5m 4,5m 4,5m - For provisions relating to parking
and loading refer to Clause [Link]
and [Link];
- For additional provisions refer to
Clause [Link] and [Link]

A zone which permits the use of land and

buildings for the purposes of burial and
interment or cremation for all religious
denominations and includes on site places for
prayer, shrines, crematoria and gardens of
remembrance

141
 SECTION 2 : LAND USE ZONES

CEMETERY

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING NONE PUBLIC RECREATIONAL USE Buildings and land uses not included in At the sole discretion of Council
columns 1 to 3.
AGRICULTURAL LAND SPECIAL USE

CARETAKER ACCOMMODATION

COMMUNITY GARDEN

CEMETERY PURPOSES

COFFEE SHOP / TEA GARDEN

MUNICIPAL PURPOSES

UTILITIES FACILITY

142
 SECTION 2 : LAND USE ZONES

2.3.9 UNDETERMINED

ZONE CATEGORY : UNDETERMINED

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY – MINIMUM BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS /
ERF SIZE STREET COMMENTS

FRONTAGE (M)
MIN MAX

BUILDING LINES SIDE SPACES REAR SPACES

UNDETERMINED N/A N/A N/A At the sole discretion of Council N/A

This zone makes provision for primarily

municipal owned land to be managed until
such time as more detailed, permanent
zonings are determined.

143
 SECTION 2 : LAND USE ZONES

UNDETERMINED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

FAR COVERAGE HEIGHT

AGRICULTURAL BUILDING NONE NEW SERVITUDE, 15M OR WIDER Buildings and land uses not included in At the sole discretion of Council
columns 1 to 3.
AGRICULTURAL LAND Any temporary building or land use not
in conflict with any condition
registered against the title of the land
COMMUNITY GARDEN
subject to the approval in lieu of the
consent of the Council
MUNICIPAL PURPOSES

PUBLIC STREET

RECREATIONAL BUILDING

UTILITIES FACILITY

144
SECTION 3 : GENERAL CONTROLS – DESIGN AND
DEVELOPMENT OF SITES

3 PART 3 : GENERAL CONTROLS

3.1 PROVISIONS APPLICABLE TO DESIGN AND

DEVELOPMENT OF SITES

3.1.1 GENERAL MATTERS FOR CONSIDERATION DURING

SITE DESIGN AND DEVELOPMENT

[Link] DEVELOPMENT PLANS

[Link].1 The Council may from time to time, for the purpose of the co-ordinated allocation of land, use
rights and restrictions as contemplated in this Scheme and as a requisite for development:

a) compile development plans in respect of specific areas; and/or

b) instruct a prospective developer to submit to the Council, within a specified period of

time, development plans in respect of a specific area.

[Link].2 Any detail Development Plan Proposal, as may be requested by the Council shall acknowledge
recommendations stemming from previous research conducted at and /or guidelines adopted by
the uMhlathuze Municipality.

[Link].3 The Council may require that development plans provide for specialist studies and approvals, the
design and layout proposals and a program of development. Such development plans may serve
as an annexure to the Scheme or as a Management Overlay, but except where the Council has
formally resolved thereupon, shall not in any manner whatsoever be deemed to be a part of the
Scheme.

[Link] RESTRICTION ON AREAS LIKELY TO BE SUBJECT TO FLOODING,

GEOTECHNICALLY CONSTRAINED AREAS AND STEEP SLOPES
[Link].1 Where, in the opinion of Council, a site may be restrained from a flood, geotechnical or slope
perspective, the Council may request the developer to undertake a site specific floodline,
geotechnical and / or slope assessment prior to or in conjunction with a development application.

[Link].2 The Council may prohibit or restrict the erection or use of any building or the development or use
of any land, where the site is situated below the 1 in 100 year floodline. Development of such site
may further be subject to approval and/or restrictions in terms of the National Water Act (Act No.
36 of 1998) and its Regulations, as amended.

[Link].3 The Council may prohibit or restrict the erection or use of any building or the development or use
of any land, which, in the opinion of Council, is likely to be restrained from a geotechnical
perspective.

145
SECTION 3 : GENERAL CONTROLS – DESIGN AND
DEVELOPMENT OF SITES

[Link].4 Development on slopes steeper than 18 degrees is not recommended. Where

developers/consultants provide for development on steep slopes, a detailed geotechnical
assessment would be required to specify recommendations regarding slope stability, stormwater
management and erosion control measures, founding conditions and other factors to be
considered.

[Link] RESTRICTION ON ENVIRONMENTALLY SENSITIVE AREAS

[Link].1 Council’s Environmental Services Management Plan was developed as a planning tool in order to
protect sensitive areas and to retain ecological functioning of an area. The Council may therefore
prohibit or restrict the destruction of environmentally sensitive areas identified in terms of the
aforementioned plan, whether such transformation is authorized by another sphere of
government or not.

[Link] RESTRICTION ON AREAS THAT MAY BE SUBJECT TO POLLUTION

[Link].1 Council’s Air Quality Buffer Areas were developed as a planning tool to limit the impacts of air
pollution on the health and well-being of its residents and visitors. The Council may therefore
prohibit or restrict the development within areas which would result in additional air pollution
load within the areas identified in terms of the aforementioned buffers, whether such
transformation or development is authorized by another governmental department or not.

[Link].2 No industrial development or industrial expansion that may emit certain criteria air pollutants, or
fractions thereof, shall be allowed within the “Potential Health Impact Buffer Zone” as adopted by
Council. Criteria pollutants include Sulphur Dioxide (SO2) and inhalable particulates (PM10) and
may include other pollutants suspected of impacting on the health and well-being of people. The
location of an industry/development area which falls partly within the Potential Health Impact
Zone and partly within another Zone, shall be deemed to fall within the Potential Health Impact
Zone.

[Link].3 No industrial development or industrial expansion that may emit certain criteria air pollutants
shall be allowed within the “Alert Zone”, as adopted by Council, without first making use of an air
quality model acceptable to Council, at the developer’s own cost, to predict how emissions would
influence the Buffer Zones or the cumulative effect of air pollution. The outcome/s of the
modelling would determine whether the proposed location for industrial development is
acceptable or not. Criteria pollutants include Sulphur Dioxide (SO2) and inhalable particulates
(PM10), and may include other pollutants suspected of impacting on the health and well-being of
the public. The location of an industry/development area which falls partly within the Alert Zone
and partly within another Zone, other than the Potential Health Impact Zone, shall be deemed to
fall within the Alert Zone.

[Link].4 Where industrial development that may emit certain criteria air pollutants is proposed to take
place within an area that is not affected by an Air Quality Buffer Area, but such proposed
development area is within 500 meters of an existing Air Quality Buffer Area, Council may direct
the developer to follow the process as set out in Clause [Link].3 above.

146
SECTION 3 : GENERAL CONTROLS – DESIGN AND
DEVELOPMENT OF SITES

[Link].5 The provisions of Clause [Link].2 to [Link].4 may be relaxed at the sole discretion of Council,
subject to:

a) the recommendations of an air quality / pollution study conducted by an independent

specialist consultant acceptable to Council, and at the developer’s costs, to prove that
criteria pollutants will not have a negative impact on ambient air quality standards or on
the health and well-being of people; and/or;

b) recommendations by the relevant authority responsible for compliance with the

National Environmental Management Air Quality Act, 2004 (as amended); and/or;

c) the industry complying with the requirements of the National Environmental

Management Air Quality Act, 2004 (as amended); and

d) the issuing of a certificate by the Municipal Manager, upon recommendation by the

Deputy Municipal Manager responsible for Environmental Health matters and the
Deputy Municipal Manager responsible for Planning matters, stating that Clauses
[Link].2, [Link].3 and/or [Link].4 may be relaxed based on the outcomes of (a) – (c)
above.

[Link].6 All activities shall comply with Council’s relevant Waste and Water Services Bylaws.

[Link].7 Any activity conducted on land zoned or used for industrial purposes, and which is deemed to be
offensive or dangerous or injurious to the public health, shall inter alia be dealt with in terms of
Council’s Bylaws. Council reserves the right to consider these types of activities as a “high impact
trade/industry”, as defined in the scheme.

[Link] UN-SERVICED AREAS

[Link].1 Costs associated with the provision of additional services and the payment of bulk engineering
services contributions will be for the account of the developer/owner/applicant, or as per the
written agreement reached between the developer/owner/applicant and Council.

[Link].2 The Council may prohibit or restrict, whether wholly or partially and either indefinitely or for a
period to be determined by the Council, the erection of any building or the development or use of
any land in any undeveloped part or parts of the area of the Scheme pending the extension
thereto of streets, sewer, water, electricity or other essential public services.

[Link].3 The owner of un-serviced land who desires to commence with any building operations on such
portion of land and which would contravene Clause [Link].2 above may apply to the Council for
its approval of the carrying out of the operations specified in the application. In these cases, all
costs associated with the provision, extension or upgrade of bulk, link and internal services shall
be for the account of the applicant.

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[Link] ROADS, ACCESS, SURFACES AND DRAINAGE

[Link].1 Road design shall consider any applicable Road Framework Plan/s and relevant standards set by
Council.

[Link].2 Vehicular ingress to and egress from any Erf or Site, from and to respectively, the Public Street
System, shall be located, constructed and maintained to the satisfaction of the Council. Approval
of the number of vehicular access points shall be at the sole discretion of the Council.

[Link].3 All surfaces accessible by vehicles shall be hardened and impermeable and maintained in a dust
free condition to the satisfaction of the Council.

[Link].4 The drainage of the site and arrangements and methods for the disposal of waste- and
stormwater shall comply with Council’s relevant Waste and Water Services Bylaws.

[Link].5 Stormwater and wastewater control measures shall be implemented to avoid polluted water and
run-off from entering the natural system. The installation of the necessary pollution control
mechanisms, such as grease traps, etc. may be required and shall be undertaken to the
satisfaction of Council.

[Link] TRAFFIC GENERATING SITES

[Link].1 Council may, at its sole discretion, request the submission of a Traffic Impact Assessment to
determine the impact that a development may have on the existing and future road networks.

[Link].2 Such assessment shall include any issues that Council may deem relevant, such as an assessment
of pedestrian movement, the impact of the development on Public Transport Systems, road
improvements, etc.

[Link].3 The outcomes of such assessment shall be implemented at the Developer’s cost.

[Link] WASTE MANAGEMENT

[Link].1 On-site waste management shall be subject to Council’s Solid Waste Bylaws.

[Link].2 The storage of waste other than domestic waste must consider the risks associated with the
storage of dangerous / hazardous goods, and implement safety provisions specified in terms of
relevant legislation and SABS standards specifications and codes of practice.

[Link] PROVISION OF PUBLIC FACILITIES

[Link].1 The Council may direct a developer to provide any public facilities it may deem necessary for the
development as informed by:

a) Guidelines for Human Settlement Planning and Design, published by the CSIR (the “Red
Book” guidelines);

b) Guidelines for Planning Community Facilities in Kwazulu-Natal, as published by the

Provincial Planning and Development Commission in 2008;

c) this Scheme;
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d) Engineering Standards; and/or

e) any plans or policies developed by the Municipality.

[Link].2 Between 10% and 17% of land in a residential development should account for usable public open
space areas, depending on factors such as population density and proximity to natural open space
and to the satisfaction of Council. Council may exclude open space areas from this calculation that
cannot easily be accessed or utilized by the public, such as floodline areas, densely vegetated
areas, steep slopes, services servitudes, etc.

3.1.2 SITE SPECIFIC DESIGN

[Link] SITE DEVELOPMENT PLANS

[Link].1 The Council may from time-to-time for the purpose of the coordinated allocation of land use
rights and restrictions as contemplated in this Scheme and as a requisite for development,
instruct prospective owners/developers to submit within a specified period of time to Council site
development plans in respect of a specific area.

[Link].2 Any site development plan shall, as may be requested by Council and to its satisfaction,
acknowledge recommendations stemming from previous or current research conducted at
uMhlathuze.

[Link].3 The Site Development plans shall amongst others provide for but not be limited to:

a) a to-scale drawing of the site/s, building lines applicable, town planning bulk factors and
controls (Floor Area Ratio, Coverage and Height facors), existing services, existing and
proposed servitudes, etc.

b) the design and layout of proposals including details as to the functioning thereof;

c) a programme of development;

d) an Environmental Management Plan;

e) landscaping proposals;

f) details of and programme for the provision of essential services including storm water,
sewerage disposal, pollution control, electricity and solid waste disposal;

g) traffic engineering details on the vehicular and pedestrian elements thereof, their
implementation and management;

h) details as to the project management ownership, mechanisms, control and monitoring

through construction phases till project completion.

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[Link] GENERAL PROVISIONS APPLICABLE TO SITE DESIGN

[Link].1 In the absence of any specific planning guidelines, the “Guidelines for Human Settlement Planning
and Design, published by the CSIR (the “Red Book” guidelines)” shall apply.

[Link].2 The Council may request any specialist study it may deem necessary to inform its decision
regarding a planning application.

[Link].3 The siting of any buildings, access and structures intended to be erected or the development or
use of any land shall take due cognisance of efficiency of resource use, quality of place,
movement and connectivity, sustainability, crime prevention through environmental design and
other design elements to the satisfaction of the Council.

[Link].4 The siting of any buildings access and structures intended to be erected or the development or
use of any land shall be subject to the approval of the Council and persons intending to erect
buildings or use land shall, before commencing, apply to the Council for approval of the siting, use
or development.

[Link].5 In respect of any application to develop an Erf, the Council may, if it deems fit:

a) determine the position and number of vehicular or pedestrian points of access;

b) prevent or encourage pedestrian or vehicular access across any boundary or boundaries

and require that a suitable fence, wall or other measures be erected or implemented to
prevent or encourage such access;

c) require buildings to face onto the street frontage;

d) require buildings to face onto open space areas to increase surveillance;

e) require provision of utility areas such as refuse collection points, washing line areas,
storage and loading areas, etc.;

f) require the provision of screens to screen off unsightly areas;

g) prescribe buildings to face north-east or prescribe minimum distance between buildings

to allow for adequate solar access;

h) require landscaping, security measures and adequate lighting of the site; etc.

[Link] BUILDING LINES, SIDE AND REAR SPACES

[Link].1 GENERAL PROVISIONS APPLICABLE TO BUILDING LINES

[Link].1.1 All erven, except where otherwise stated, shall be subject to a 7,5 meter building line.

[Link].1.2 Development along national and provincial roads shall comply with the standards set down in the
KwaZulu-Natal Roads Act, 2001, (Act No. 4 of 2001), as amended, and the South African National
Roads Agency and may not be relaxed by the Council, without the consent of the relevant roads
authority. The building line restrictions are generally as follows:

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a) National Roads 20m measured from the edge of the road reserve
boundary, subject also to any title deed restriction.

b) Provincial Main and District roads 15m measured from the edge of the road reserve
boundary.

c) Un-surveyed Main Roads 30m measured from the centre line of the road.

d) Un-surveyed District Roads 25m measured from the centre line of the road.

[Link].1.3 Where a building line is laid down, no building other than boundary walls, fences, pergolas or
architectural and garden features, shall be erected between the building line and the street line.
Where a new road or road widening is required, the building line is to be set back so as to take
into consideration any such new road or widening.

[Link].2 BUILDING LINE RELAXATION

[Link].2.1 The Council may, if the same is endorsed by the neighbouring property owners or alternatively by
Special Consent, relax the building line if compliance with the building line would seriously
hamper the development of the Erf on account of the levels of the Erf or adjoining land or the
location of buildings already in front of the building line, or, any other special circumstances as
determined by the Council. Relaxations beyond 4,0 metres of the building lines applicable to
residential zoned erven 600 m² and larger, and 2,0 metres on residential zoned erven smaller than
600 m² for any habitable room (such as a patio, lounge, bedroom, etc.) will not be permitted.

[Link].2.2 The Council may, in its discretion, relax the building line if the architectural effect will enhance the
appearance of the street and contribute to public amenity.

[Link].2.3 Notwithstanding the provisions of the above clauses and in the case of swimming pools, the
building line may be relaxed at the discretion of the Council to no less than 1 metre; provided that
where a pool is to be constructed so that any portion of it is within 5 metres of a road boundary
such pool shall be screened to the satisfaction of the Council.

[Link].2.4 Where an omnibus servitude is registered against the Title Deed of a property which prevents the
relaxation of the building line, an application for the relaxation of the building line shall be
accompanied by an application in terms of the KwaZulu-Natal Planning and Development Act (Act
No. 6 of 2008).

[Link].3 SIDE AND REAR SPACES

All erven, except where otherwise stated, shall be subject to a 2 meter side and rear space
restriction.

[Link].4 RELAXATION OF SIDE AND REAR SPACES

[Link].4.1 The Council may authorise the erection of single storey main building or outbuildings on the side
and rear boundaries provided the owners of properties contiguous to the affected boundaries
have indicated in writing that they would have no objection to such authorization.

[Link].4.2 Where an omnibus servitude is registered against the Title Deed of a property which prevents the
relaxation of side and/or rear spaces, an application for the relaxation of side and/or rear spaces

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shall be accompanied by an application in terms of the KwaZulu-Natal Planning and Development

Act (Act No. 6 of 2008).

[Link].4.3 The Council may, in its discretion, permit in any zone any building to be erected closer to any
boundary than the distance specified in these clauses if on account of the siting of existing
buildings or the shape, size or levels of the Erf, the enforcement of these controls will, in the
opinion of the Council, render the development of the Erf unreasonably difficult. In considering
any application under this clause the Council shall have due regard to any possible detrimental
effect on adjoining properties.

[Link].4.4 Where access to parking courts is required, the side space of affected erven shall be calculated
from the boundaries of such access road.

[Link] PARKING REQUIREMENTS

[Link].1 THE GENERAL PROVISIONS AND CALCULATION OF PARKING BAYS REQUIRED

[Link].1.1 Any person intending to erect, alter or extend a building or develop or use any Erf shall provide on-
site parking within the boundaries of the site in accordance with the standards and requirements
set out in Tables 2A, 2B and 2C.

[Link].1.2 When computing the total number of parking and loading spaces required in respect of any specific
use or building, such number shall be determined to the greater whole number.

[Link].1.3 Where the use proposed is not contained in this document, parking shall be provided at the
discretion of the Deputy Municipal Manager : City Development.

[Link].1.4 Except where otherwise determined, a parking space, inclusive of manoeuvring area, which is
provided on a site except a site which is reserved in terms of the scheme as a public car park, shall
2
be 30m in extent.

[Link].2 RELAXATION OF PARKING REQUIREMENTS AND THE PARKING RESERVE FUND

[Link].2.1 Subject to its approval or consent thereto being sought in writing, the Council may relax the parking
requirements imposed:

a) in respect of unskilled employees;

b) where in its opinion, certain land uses (e.g. hotels), have a clientele which is brought
onto site by means of bulk transport as opposed to individual vehicles; and/or

c) under circumstances where the imposition of the parking requirements is impracticable

or detrimental to safety or amenity of the general public.

[Link].2.2 The Deputy Municipal Manager : City Development may relax the parking bay requirement to a
maximum of 10% upon consideration of circumstances (excluding public transport considerations)
peculiar to the development.

[Link].2.3 Public transport facilities shall be provided at the discretion of the Deputy Municipal Manager : City
Development in addition to satisfying the parking requirement. In this regard the Municipality may
relax the parking bay requirement to a maximum of 25% upon consideration of the public transport
facilities proposed.
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[Link].2.4 Notwithstanding any provision of Clause [Link].1 - [Link].3 the Council may, at its sole
discretion, in lieu of the provision of on-site parking by the developer:

a) instruct a developer to provide at his own cost and to the satisfaction of Council the
number of car parking spaces that the developer would have been required to provide
on-site in terms of the Scheme, at ground level, on land reserved in terms of the
Scheme, for public vehicular parking purposes;

b) Agree to a developer providing public vehicular parking on another site, which has been
identified by the Developer and is acceptable to the Council and further subject to the
registration of a Notarial Deed in restraint of separate alienation of the land concerned;

Provided that the vehicular parking, as contemplated in sub-clauses (a) and (b) above,
shall be constructed and completed to the satisfaction of the Council before a building
completion certificate, as provided for in the National Building Regulations and Building
Standards Act (Act 103 of 1977), as amended, is issued in respect of the building or
buildings to which the provision of the relevant vehicular parking relates;

c) Instruct a developer to contribute to a Parking Reserve Fund by way of a cash payment in

lieu of the provision of on-site parking. The cash payment shall be calculated on the
basis of the actual cost to the Council or its nominee of providing on land designated in
the Scheme for public vehicular parking purposes, the number of car parking spaces, at
ground level, that would have been required to be provided by the developer on the site
of the developer in terms of the Scheme.

[Link].2.5 Computations regarding a Developer who:

a) in terms of Clauses [Link].2.4 (a) is instructed to provide parking facilities on land

reserved in terms of the Scheme for public parking purposes; and/or

b) in terms of Clause [Link].2.4 (c) is instructed to, in the form of a cash payment, make a
contribution to a parking reserve fund;

shall be based on the average area, per hardened, paved or sealed parking space as calculated by
the Municipality in respect of the gross public parking area, inclusive of vehicular access to the
gross parking area of which the parking spaces which have to be provided form, at the sole
discretion of the Council, part.

The developer shall in such instances, in addition, be responsible for the development of all
traffic, pedestrian and park islands and other extrusions within the outer perimeter of the
development.

[Link].2.6 The cash contribution, as provided for in Clause [Link].2.4 (c) above shall become payable as
follows:

a) within 30 (thirty) calendar days of submission of building plans an amount equal to the
preliminary estimated cost calculated by the Council;

b) within 30 (thirty) calendar days after notification of final cost calculation the Council
shall be liable for disbursement of any overpayment, if any, made by the developer. The
developer shall likewise be liable for the payment of any underpayment, if any, to the
Council within 30 (thirty) calendar days after written notification by the Council of final
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costs. No building completion certificate, as provided for in the National Building

Regulations and Building Standards Act (Act 103 of 1997) shall be issued in respect of the
building or buildings to which this sub-clause relates, before the cash contribution has
been finalised.

[Link].2.6 All monies thus received by the Council in terms of this sub-clause shall be paid into a Parking
Reserve Fund and shall be used only for the acquisition of land for public vehicular parking
purposes and/or provision of public vehicular parking on land reserved for public vehicular
parking purposes in terms of the Scheme within the specific area concerned. Provided that:

a) The alternative to on-site parking as contemplated in terms of Clause [Link].2.4 (a), (b)
and (c) shall only apply to commercial and office buildings.
b) On-site vehicular parking shall be provided in accordance with the standards and
requirements set out in Tables 2A, 2B and 2C, for any Residential Building and/or Hotel
erected and used on an Erf within the said Zones.

[Link].2.7 The Council may at any time vary the foregoing requirements if the character or type of activity
being conducted on a site is changed or altered to an extent which, in the opinion of the Council,
materially alters the number and type of vehicles generated by the site, provided that in no case
shall such variation of requirements result in the number of vehicular parking spaces provided or
to be provided exceed the parking requirements set out in Tables 2A, 2B and 2C for the amended
use or uses.

[Link].2.8 The terms "Parkade" and "Parking Area" in respect of any specific Use Zones shall not be deemed
to restrict or prohibit the provision of parking required to be provided in terms of this Clause nor
shall such inclusion be deemed to absolve any person from due compliance with the provisions of
this Clause [Link].

[Link].3 THE DESIGN, CONSTRUCTION AND MAINTENANCE OF PARKING AREAS OR PARKADES

[Link].3.1 For the purposes of this clause, “Parking Area” shall refer to both parking areas and/or parkades,
unless stated otherwise.

[Link].3.2 All parking areas, parking spaces, access, drainage, lighting, landscaping, manoeuvring areas, etc.
shall be to the satisfaction of and subject to the approval of the Council. In the event of any such
aforesaid area not being in conformity with the provisions of this Scheme, then, notwithstanding
anything in any bylaw contained, no building plan shall be approved prior to the granting of such
aforesaid approval of Council.

[Link].3.3 All vehicle parking spaces, access and manoeuvring areas shall be permanently hardened or
sealed and maintained in a dust free condition to the satisfaction of Council. Council may require
the installation of pollution control mechanisms such as grease traps, to protect water resources
from polluted runoff.

[Link].3.4 Clause [Link].3.3 may be relaxed at the sole discretion of Council in cases where a worship site is
used only one day per week and not frequently used for any other purpose during the course of
the week.

Therefore, the portion of a parking area provided for a worship site that is used only one day per
week need not be permanently hardened, but must be maintained in a dust free condition. Any

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part of a parking area provided for a worship site that is used more than one day per week, such
as an educational building, offices, etc. must be permanently hardened.

An application for relaxation of Clause [Link].3.3 must be submitted in writing. Once approved,
Council reserves the right to cancel its approval should the condition of the parking area
deteriorate to such an extent that the parking area is no longer deemed dust free.

[Link].3.5 Except where required in terms of this Scheme or any other law, a parking space need not be
roofed over.

[Link].3.6 Every parking space required in terms of this Scheme shall be clearly marked and defined to the
satisfaction of Council.

[Link].3.7 Parking areas shall be provided with adequate lighting, ventilation and landscaping to the
satisfaction of Council.

[Link].3.8 Provided that and except with the express approval of Council:

a) the vehicular access/exit to a site shall be restricted to not more than one combined
vehicular access/exit each per site per street abutting the site;

b) the vehicular access/exit to a site shall be restricted to a maximum width of 7,5 metres
where it crosses the street boundary;

c) no vehicular crossing over the pavement shall be located nearer than 5 metres to any
street corner (i.e. the point of intersection of two street boundaries).

[Link].3.9 A building completion certificate, as provided for in National Building Regulations and Building
Standards Act, as amended, shall not be issued unless the vehicular parking area or areas,
indicated in accordance with the provisions of this Scheme, on a relevant building plan, have been
constructed and completed to the satisfaction of Council.

[Link].3.10 Except where in this scheme it is otherwise expressly provided, off-street parking areas shall
conform to the following minimum standards and dimensions listed from a) to j) and Tables 2A,
2B and 2C below:

a) Parallel parking spaces shall be 2,5m wide and 5m long with a manoeuvring space of
2,5m in length between each pair of bays. A minimum adjacent aisle width of 3m shall
be provided for gaining access.

b) Vehicles shall be parked in such a way that each vehicle can be moved freely in and out
of its parking space in a single manoeuvre.

c) The parking layout shall be so designed that structural members such as columns, beams,
walls, etc. shall not obstruct the free manoeuvring of vehicles into and out of parking
spaces.

d) In cases of isolated parking spaces adjacent to structural members such as columns and
walls, where the full width of bay cannot be obtained, a reduction on the standard width
not exceeding 240mm may be permitted.

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e) In awkward situations or in cases where other particular factors arise, the requirement of
5,0m depth of parking space may be relaxed down to a minimum of 4,6m provided that
the number of 4,6m spaces does not exceed 10% of the total parking spaces provided.

f) The gradient of continuous ramps should not exceed 1 in 7 provided however that for
short sections, and in special circumstances this gradient may be steepened but in no
case should it be steeper than 1 in 5.

g) Vertical curves between the ramps and the street access and between the ramps and
parking floors should be provided with a minimum radius of 30 m.

h) Correct super-elevation should be applied transversely across curved ramps, such super-
elevation varying according to the horizontal radius of the curve, subject, in all cases, to
the super elevation not exceeding 1 in 10.

i) The inside turning radius on continuous ramps shall not be less than 4,3m.

j) The Council may relax the provisions of the Guiding Rules for parking in those cases
where it is difficult or impractical to meet the required standards on account of one or
more of the following factors:

(i) the shape of the site;

(ii) the shape of the building;

(iii) the position and location of structural members;

(iv) the locality and character of the building, with particular regard to the likely
economic status of the tenants.

[Link].3.11 All parking areas shall be maintained to the satisfaction of the Council.

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Table 2A: Parking Requirements

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

BUILDING AND LAND USE TYPES FOR WHICH PARKING IS REQUIRED. PRIMARY REQUIREMENTS - NUMBER OF ADDITIONAL OR ALTERNATIVE PARKING TOTAL PARKING REQUIREMENTS
PARKING SPACES REQUIRED. REQUIREMENTS

Number Unit Number Unit Number Unit

AGRICULTURAL AND OPEN SPACE USES

Agricultural Land and Buildings At the sole discretion of the Council

Community Garden
Conservation Purposes
Farm Stall 2.00 Per stall 1.00 30 m² floor area or part Greater of Column 2 or Column 3
thereof

RESIDENTIAL DWELLINGS

Residential - Dwelling House or Unit 1.00 Per Dwelling Unit n/a n/a 1,00 Per Dwelling Unit
Additional Dwelling Unit
Caretaker Accommodation
Homestead At the sole discretion of the Council
Farm Worker Accommodation
Shelter
Home Activity or Business (determined as per the use implemented as set out below):
• Bed and Breakfast / Guest House 1,00 Per Dwelling Unit 1.00 Per Lettable Room Total Of Column 2 And Column 3
• Home Office 1,00 Per Dwelling Unit 1.00 30m2 floor area or part
thereof
• Office - Professional 1,00 Per Dwelling Unit 1.00 30m2 floor area or part
thereof
• Tuck Shop/Spaza Shop 1,00 Per Dwelling Unit 1.00 20m2 floor area or part
thereof
• Day Care Facility 1,00 Per Dwelling Unit 1 Per every 6 children or 4
adults receiving care
• All other uses not listed above 1,00 Per Dwelling Unit 1.00 30m2 floor area or part
thereof
Residential Building, Medium Density Housing and Chalets 1.00 Per Dwelling Unit 1.00 Per every two dwelling Total Of Column 2 And Column 3
units for visitors
Boarding House 1,00 Per Bedroom 5 Visitor’s Parking Bays
Hobby Workshop as part of a Retirement Village At the sole discretion of the Council

TRANSIENT ACCOMMODATION FACILITIES

2
Hotel 1,25 Per Lettable Room 1,00 20m floor area or part Total Of Column 2 And Column 3
thereof of a lounge or
function room, or part
thereof
Lodge 1,25 Per Lettable Room 1,00 20m2 floor area or part Total Of Column 2 And Column 3
thereof of a lounge or
function room, or part
thereof

Chalet Development and other holiday accommodation units (refer to Residential

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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

BUILDING AND LAND USE TYPES FOR WHICH PARKING IS REQUIRED. PRIMARY REQUIREMENTS - NUMBER OF ADDITIONAL OR ALTERNATIVE PARKING TOTAL PARKING REQUIREMENTS
PARKING SPACES REQUIRED. REQUIREMENTS

Number Unit Number Unit Number Unit

Dwellings above)
Resort Development As per use implemented and informed by a Site Development Plan, at the sole discretion of Council
Camping and Caravan Park As per use implemented and informed by a Site Development Plan, at the sole discretion of Council
Mobile Home Park

COMMERCIAL USES

Launderette 1,00 15 m² for floor area or 1,00 140m2 floor area or part Total Of Column 2 And Column 3
Restaurant / Bar / Night Club / Tavern part thereof (excluding thereof for warehousing or
Shop – General (In Commercial 1, and all other zones not specified below) warehousing and storage
Coffee Shop / Tea Garden storage)

General Showroom 1,00 25 m2 floor area or part 1,00 140m2 floor area or part Total Of Column 2 And Column 3
Shop – General (in Commercial 2 and Lifestyle Centre Zones) thereof (excluding thereof for warehousing or
Shop – Factory warehousing and storage
Shop – Wholesale storage)

Shop – General (in General and Light industrial Areas) 1,00 30 m² floor area or part 1,00 140m2 floor area or part Total Of Column 2 And Column 3
Shop – General (In Commercial 3, Mixed Use Medium and Low Impact zones, thereof (excluding thereof for warehousing or
Smallholdings, Rural Node, Retirement Village, Resort Low Impact and Parking warehousing and storage
Erf/Garage Zones) storage)
Arts and Crafts Workshop

Shop as part of an Intermodal Facility / Development and Truck Terminus 1.00 50 m2 floor area or part n/a n/a 1.00 50 m2 floor area or part
thereof thereof
Convention Centre or stand-alone Conference Facility 1.00 20 m² floor area or part n/a n/a 1.00 20 m² floor area or part
thereof thereof
Gambling Premises 1.00 20 m² floor area or part n/a n/a 1.00 20 m² floor area or part
thereof thereof
Flea Market At the sole discretion of the Council
Informal Trade Area

RECREATION, PUBLIC AMUSEMENT OR ASSEMBLY

Place of Amusement 1,00 Per 20 m2 floor area or n/a n/a 1,00 Per 20 m2 floor area or
Place of Assembly part thereof part thereof
2
Casino (Gaming Area) 1,00 Per 15 m floor area or n/a n/a 1,00 Per 15 m2 floor area or
part thereof part thereof
Private and Public Recreational Use As per use implemented and informed by a Site Development Plan, at the sole discretion of Council
Racecourse 1,00 6 seats (fixed) and/or per 1,00 25 m² floor area or part Greater of Column 2 or Column 3
25m2 or part thereof if thereof
seats are not fixed
Recreational Buildings:
Stadium / Sport Arena 1,00 6 seats (fixed) and/or per 1,00 25 m² floor area or part Greater of Column 2 or Column 3
25m2 or part thereof if thereof
seats are not fixed
Sport Club / Clubhouse 1,00 20m2 floor area or part n/a n/a 1,00 20m2 floor area or part
thereof thereof
2 2
Gymnasium 1,00 15m floor area or part n/a n/a 1,00 15m floor area or part
thereof thereof

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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

BUILDING AND LAND USE TYPES FOR WHICH PARKING IS REQUIRED. PRIMARY REQUIREMENTS - NUMBER OF ADDITIONAL OR ALTERNATIVE PARKING TOTAL PARKING REQUIREMENTS
PARKING SPACES REQUIRED. REQUIREMENTS

Number Unit Number Unit Number Unit

All other Recreational Buildings At the sole discretion of the Council

OFFICE USES

Public Office 1,00 30 m² floor area or part n/a n/a 1,00 30 m² floor area or part
Office – General thereof thereof

Office – Professional 1,00 30m² floor area or part 5 Parking Bays per Medical Greater of Column 2 or Column 3
Veterinary Purposes thereof Practitioner or Vet

FILLING STATIONS AND VEHICLE REPAIRS

1,00 50 m² floor area or part 1,00 15m² or 20m2 floor area or Total Of Column 2 And Column 3
Automotive Showroom / Vehicle Dealership and workshops thereof part thereof for a Shop
Motor Vehicle Fitment Centre Component
Direct Access Service Station
Public Garage
Service Station
Carwash Facility

HARBOUR, INDUSTRIAL, WORKSHOPS AND WAREHOUSING

Commercial Workshop 1,00 100m² floor area or part 1,00 30m² floor area or part Total Of Column 2 And Column 3
Impoundment Area thereof thereof for an Office
Industry – Service Component

1,00 30m2 floor area or part

thereof for a Shop
Component
Agricultural Industry, including Abattoir 1,00 140m² floor area or part 1,00 30m² floor area or part Total Of Column 2 And Column 3
Industry - Bulk Storage thereof thereof for an Office
Industry - General Component
Industry - Light 1,00
Industry - Salvage 30m2 floor area or part
Industry - Extractive thereof for a Shop
Industry – High Impact Component
Vehicle Testing Station
Warehouse
Funeral Parlour 1,00 30m² floor area or part n/a n/a 1,00 30m² floor area or part
thereof thereof
Harbour Management and Infrastructure As per use implemented and informed by a Site Development Plan, at the sole discretion of Council

SOCIAL USES

Educational Building (Excluding Schools, Tertiary Institutions and Crèches / Day Care 1,00 30m² floor area or part n/a n/a 1,00 30m² floor area or part
Facilities) thereof thereof

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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

BUILDING AND LAND USE TYPES FOR WHICH PARKING IS REQUIRED. PRIMARY REQUIREMENTS - NUMBER OF ADDITIONAL OR ALTERNATIVE PARKING TOTAL PARKING REQUIREMENTS
PARKING SPACES REQUIRED. REQUIREMENTS

Number Unit Number Unit Number Unit

Tertiary Institutions
Institution other than Hospital or Convalescent Home / Step Down Facility
Restricted Building (other than a Sanatorium, Schools and Mental Hospital)
Educational Building – Schools (including “school” provided for under Restricted Building) 1.00 Per Class Room 1.00 30m² floor area or part Total Of Column 2 And Column 3
and Crèches / Day Care Facilities thereof for an Office
Component

Institution - Hospital, Convalescent Home / Step Down Facility, Sanatorium or Mental 1,00 Per Bed 1.00 30m² floor area or part Total Of Column 2 And Column 3
Hospital thereof for an Office or
Professional Office
1,00 Component

15m² floor area or part

thereof for a Shop
Component
Place of Worship 1,00 6 seats (fixed) and/or per 1,00 25 m² floor area Greater of Column 2 or Column 3
25m2 if seats are not 1,00 15m² floor area or part Total Of Column 2 And Column 3
fixed thereof for a Coffee Shop
Component

PUBLIC AND OTHER TRANSPORTATION ORIENTATED USES

Terminal - Airport/Airfield As per use implemented and informed by a Site Development Plan, at the sole discretion of Council
Terminal – Bus and Taxi
Terminal - Passenger Liner
Terminal - Railways
Terminal – Truck

SERVICES

Cemetery Purposes At the sole discretion of the Council

Municipal Purposes
Railway Infrastructure
Telecommunication Infrastructure
Utilities Facility
Waste Transfer / Recycling Centre
Waste Drop-off / Transfer Station
Marina Infrastructure As per use implemented and informed by a Site Development Plan, at the sole discretion of Council

OTHER

All uses not specified in this table At the sole discretion of the Council
Special Use

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Table 2B : Bay and Aisle Dimensions (meters)

PARKING BAY WIDTH AISLE WIDTH PERPENDICULAR DEPTH OF BAYS PARALLEL WIDTH OF
ANGLE BAYS
Two-Way Traffic
No Overhang Kerb Overhang
90º 2,7 7,5 5,0 4,5 2,74
One-Way Traffic
No Overhang Kerb Overhang
90º 2,7 6,0 5,0 4,5 2,7

60º 2,7 5,5 4,8 4,5 3,2

45º 2,7 3,5 4,8 4,5 3,9

30º 2,7 3,0 4,8 4,5 5,5

Table 2C : Ramp Dimensions

ONE-WAY TWO WAY
Inside Radius Ramp Width Outside Ramp Width Outside radius Inside Line Divider line
Radius Width Width
3,0 4.1 7,1 6,6 9,6 3,5 6,5

4,0 4,0 8,0 6,5 10,5 3,4 7,4

5,0 3,9 8,9 6,3 11,3 3,3 8,3

6,0 3,8 9,8 6,1 12,1 3,2 9,2

7,0 3,7 10,7 6,0 13,0 3,1 10,1

8,0 3,7 11,7 5,9 13,9 3,0 11,0

[Link] LOADING REQUIREMENTS

[Link].1 GENERAL PROVISIONS AND CALCULATION OF LOADING ZONES REQUIRED

[Link].1.1 For the purposes of this Clause, a loading area means an area upon the site of a building, set aside
for the accommodation of vehicles onto which goods or materials are to be loaded or from which
goods or materials are to be off-loaded and for such loading and off-loading.

[Link].1.2 Any person intending to erect, alter or extend a building or develop or use any Erf or building or
conduct an activity where, in the opinion of the Council, it is necessary and desirable for such
loading areas to be provided, shall provide adequate on-site loading areas to the satisfaction of
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and subject to the approval of the Council in accordance with the requirements set out in Table
2D.

[Link].1.3 The loading or off-loading of goods or materials onto or from vehicles, shall not, under any
circumstances, be permitted in or upon any street, nor shall any person permit goods or materials
of any other nature whatsoever to be loaded onto or off-loaded from any vehicles in or upon any
street, except within such portions of a street which may have been specifically set aside and
demarcated for such purposes by the Council, or, with the authority of the Council.

[Link].1.4 Loading areas required to be provided under Clause [Link] shall be in addition to any parking
provided in terms of Clause [Link].

[Link].1.5 When computing the total number of loading zones required in respect of any specific use or
building such number shall be determined to the greater whole number.
2
[Link].1.6 Except where otherwise determined, a loading zone, inclusive of manoeuvring area shall be 75m
in extent.

[Link].2 RELAXATION OF LOADING ZONE REQUIREMENTS

[Link].2.1 The Council may, at its sole discretion and subject to its approval or consent thereto being sought,
relax the loading zone requirements imposed under this Clause:

a) under circumstances where the imposition of the loading zone requirements is

impracticable or detrimental to safety or amenity of the general public;

b) in respect of floor areas which at the sole discretion of the Council, do not justify the
provision of loading zones in accordance with the laid down ratios.

[Link].2.2 Notwithstanding any provision of Clause [Link].2.1 the Council may, at its sole discretion, in lieu
of the provision of on-site loading zones by the developer:

a) instruct a developer to provide at his own cost and to the satisfaction of the Council the
number of loading zones that the developer would have been required to provide on-
site in terms of the Scheme, at ground level, on land reserved, in terms of the Scheme,
for loading zone purposes; or

b) agree to a developer providing loading zones on another site, which is acceptable to the
Council and further subject to the registration of a Notarial Deed in restraint of separate
alienation of the land concerned.

Provided that the loading zones, as contemplated in Clause [Link].2.2 a) and b) above, shall be
constructed and completed to the satisfaction of the Council before a building completion
certificate as provided for in the National Building Regulations and Building Standards Act (Act
103 of 1977) is issued in respect of the building or buildings to which the provision of the relevant
loading zones relate.

c) instruct a developer to contribute to a loading zone reserve fund by way of a cash

payment in lieu of the provision of on-site loading zones. The cash payment shall be
calculated on the basis of the actual cost to the Council or its nominee of providing on
land designated in the Scheme for public parking purposes, the number of loading zones,

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at ground level, that would have been required to be provided by the developer on the
site of the developer in terms of the Scheme.

[Link].2.3 The cash contribution, as provided for in Clause [Link].2.2 (c) above shall become payable as
follows:

a) within 30 (thirty) calendar days of submission of building plans an amount equal to the
preliminary estimated cost calculated by the Council;

b) within 30 (thirty) calendar days after notification of final cost the Council shall be liable
for the disbursement of any overpayment, if any, made by the developer. The developer
shall likewise be liable for the payment of any underpayment, if any, to the Council
within 30 (thirty) calendar days after written notification by the Council of final costs. No
building completion certificate, as provided for in the National Building Regulations and
Building Standards Act (Act 103 of 1977) shall be issued in respect of the building or
buildings to which this sub-clause relates before the cash contribution has been
finalised.

[Link].2.4 All monies thus received by the Council in terms of this clause shall be paid into a loading zone
reserve fund and shall be used only for the acquisition of land for public vehicular parking
purposes and/or the provision of loading zones on land reserved for public vehicular parking in
terms of the Scheme within the specific area concerned, provided that:

a) The alternative to on-site loading zones as contemplated in terms of Clause [Link].2.2

(a) (b) and (c) shall, shall only apply to Commercial Buildings.

b) On site loading zones shall be provided in accordance with the standards and
requirements set out in Table 2D for any Residential Building and/or Hotel erected and
used on an Erf within the said use zones.

[Link].2.5 The Council may at any time vary the foregoing requirements if the character or type of activity
being conducted on a site is changed or altered to an extent which, in the opinion of the Council,
materially alters the number and type of vehicles generated by the site, provided that in no case
shall such variation of requirements result in the number of loading zones provided or to be
provided exceed the loading zone requirements set out in Table 2D.

[Link].3 THE DESIGN, CONSTRUCTION AND MAINTENANCE OF LOADING AREAS

[Link].3.1 All loading zones, accesses and manoeuvring areas shall be to the satisfaction of and subject to
the approval of the Council. In the event of any such aforesaid areas not being in conformity with
the provisions of this Scheme, then, notwithstanding anything in any bylaw contained, no building
plan shall be approved prior to the granting of such aforesaid approval of the Council.

[Link].3.2 Loading bays provided for the delivery of foodstuffs and/or perishable goods must be provided
separately from an area used for the storage and collection of waste, in order to avoid cross-
contamination.

[Link].3.3 All loading zones, accesses thereto and manoeuvring areas shall be permanently hardened, paved
or sealed and maintained in a dust free condition to the satisfaction of the Council. Council may
require the installation of pollution control mechanisms such as grease traps, to protect water
resources from polluted runoff.

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[Link].3.4 Except where required in terms of this Scheme or any other law, a loading zone need not be
roofed over.

[Link].3.5 Every loading zone required in terms of this Scheme shall be clearly marked and defined to the
satisfaction of the Council.

[Link].3.6 Adequate lighting shall be provided for loading bays to the satisfaction of Council.

[Link].3.7 A building completion certificate, as provided for in the National Building Regulations and Building
Standards Act (Act 103 of 1977), as amended, shall not be issued unless the loading zone or zones,
indicated on a relevant building plan, in accordance with the provisions of this Scheme, has/have
been constructed and completed to the satisfaction of the Council.

[Link].3.8 Loading areas shall be maintained to the satisfaction of the Council.

Table 2D: Loading Requirements

COLUMN 1 COLUMN 2 COLUMN 3

BUILDING AND LAND USE TYPES FOR WHICH LOADING BAYS PRIMARY REQUIREMENTS - NUMBER AMBULANCE OR DEDICATED LOADING BAYS
ARE REQUIRED. OF LOADING BAYS

Number Unit Number Unit

TRANSIENT ACCOMMODATION FACILITIES

Hotel 1,00 Per Hotel n/a n/a

COMMERCIAL USES

Launderette 1,00 500m2 for first n/a n/a

Restaurant / Bar / Night Club / Tavern 1000m2 or part
Shop – General thereof and
Shop – Factory thereafter 1 per
Shop on land zoned “industrial” 1000m2
Arts and Crafts Workshop
General Showroom
Shop – Wholesale
Shop as part of an Intermodal Facility / Development
Convention Centre or stand-alone Conference Facility
Casino
Racecourse
Stadium / Sport Arena
Automotive Workshop
Automotive Showroom / Vehicle Dealership
Motor Vehicle Fitment Centre
Direct Access Service Station
Public Garage
Service Station
Commercial Workshop
Impoundment Area
Service Workshop
Industry – Service
Industry - Light
Warehouse

INDUSTRIAL USES

Agricultural Industry, including Abattoir

2
Industry - Bulk Storage 1,00 1000m floor area n/a n/a
Industry - General of part thereof
Industry - Salvage
Industry - Extractive
Industry - Restricted
Trans-shipment

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COLUMN 1 COLUMN 2 COLUMN 3

BUILDING AND LAND USE TYPES FOR WHICH LOADING BAYS PRIMARY REQUIREMENTS - NUMBER AMBULANCE OR DEDICATED LOADING BAYS
ARE REQUIRED. OF LOADING BAYS

Number Unit Number Unit

SOCIAL USES

Educational Building – Schools and Crèches / Day Care Facilities At the sole discretion of Council Bus / Taxi loading facilities / parking at the discretion
of Council and in liaison with the facility.
Tertiary Institutions 1.00 Per institution Bus / Taxi loading facilities / parking at the discretion
of Council and in liaison with the facility.
Institution other than Hospital or Convalescent Home / Step Down At the sole discretion of Council Ambulance Loading Bays at the discretion of Council
Facility and in liaison with the facility.
Bus / Taxi loading facilities / parking at the discretion
of Council and in liaison with the facility.
Institution - Hospital, Convalescent Home / Step Down Facility or 1.00 Per institution Ambulance Loading Bays at the discretion of Council
Sanatorium (excluding medical offices) and in liaison with the facility.
Bus / Taxi loading facilities / parking at the discretion
of Council and in liaison with the facility.

OTHER

All uses not listed above At the sole discretion of the Council

[Link] ADDITIONAL MATTERS FOR CONSIDERATION DURING SITE

DESIGN AND DEVELOPMENT – SUBSTANTIAL DEVELOPMENTS
[Link].1 For the purposes of this Clause, a substantial development shall be defined as any large
residential, industrial or other development which, in the opinion of Council, requires the
consideration of a design concept report prior to the finalization of a subdivisional layout plan.

[Link].2 Applications for the development of substantial developments shall be preceded by the
submission of a design concept report, which is to be approved by the Municipality.

[Link].3 The purpose of a design concept report is for the parties to agree on the concepts and standards
which are to be used during the planning and layout phase of the project.

[Link].4 The design concept report should cover design aspects relating to all land uses, but in particular
relevant aspects relating to:

a) Key natural features of the development (such as views, wetlands and floodlines,
biodiversity, etc.) and how the development aims to enhance and protect these features
and, where relevant, give access to these features;

b) What the development aims to achieve, the size of the development, size and timing
relating to phasing, affordability criteria, etc.;

c) Access to the development (creating a “sense of arrival”) and safety and security
measures to be addressed through design;

d) Movement within the development and between developments, including pedestrian

and traffic movement throughout the development, open spaces and linkages between
open spaces, the road network, road standards, traffic calming measures and public
transport routes/stops/facilities;

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e) Where necessary, the provision of community facilities (in order to create a “sense of
place and community”) and opportunities for work, recreation, shopping, etc. Should
these facilities not be included as part of a design, an assessment of access to these
facilities should still be included, describing the closest facilities that would be available
to the community; and

f) The impact of the development on existing bulk and link engineering services.

[Link] SUB-DIVISIONAL DESIGN STANDARDS

[Link].1 Land within the area of the Scheme shall not, except where it is deemed by the Council to be in
the public interest to do so, be subdivided in any way or manner whatsoever so as to deprive any
subdivided portion of land direct vehicular access to the public street system.

[Link].2 Land within the area of the Scheme shall not, except with the approval of the Council and then
subject to any relevant provision of the Scheme, be subdivided in any way or manner whatsoever
so as to create an erf:

a) which is, in the opinion of Council, significantly smaller than the surrounding
properties;

b) smaller than the minimum prescribed erf size for each category of erven in terms of
the Scheme. The minimum prescribed extent of an erf shall exclude an access way in
the case of “hatchet-shaped” erven;

c) which is zoned for agricultural use and where the proposed subdivision may impact
on the ability of the land to sustain agricultural production, except with the prior
consent of the National Department of Agriculture.

[Link].3 The ratio of street frontage to depth of a site shall be to the satisfaction of the Council and shall
not exceed a ratio of 1:3 except under special circumstances related to topographical or layout
consideration or the shape of the Erf.

[Link].4 A site of irregular shape shall be capable of containing within its boundaries a rectangle, the ratio
between the width and length of which shall not be less than 1:3 and which shall have an area of
at least 50% of such Site, or the minimum prescribed area of a Site, whichever is the greater.

[Link].5 Points of ingress to and egress from an industrial site to and from the public street system,
respectively, shall be located, designed, constructed and maintained to the satisfaction of the
Council.

[Link].6 In cases where access from any subdivided portion of land to the public street system is via an
access strip or access road (so-called "Panhandle" or "Hatchet-shaped" erven):

a) the area of the Site, for the purposes of the Scheme, does not include the area of such
access strip or road;

b) such access strip or road not exceed 35 metres in length, provided that the Council may,
under exceptional circumstances and at its sole discretion, approve a maximum length in
excess of 35 metres;

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c) such access strip or road giving access to the site shall have a minimum width of:

(i) not less than 4 metres; or

(ii) 10 metres in the case of an erf that would give access to larger vehicles such as
trucks.

d) the average width of such site, measured to the satisfaction of the Council, shall be
deemed to be the street frontage of such Site; and

e) the access strip or road at all times be kept in a dust free condition and be maintained to
the satisfaction of the Council; provided that, if so required by the Council, such access
strip or road shall be hardened, surfaced or paved to the satisfaction of the Council.

[Link].7 An application for the subdivision of agricultural land which is subject to the Subdivision of
Agricultural Land Act (Act 70 of 1970) shall be accompanied by a consent issued by the relevant
Department in terms of this Act. In general, subdivision of agricultural land shall not impact on the
viability of the land to be utilized for agricultural purposes.

[Link] PERMANENT CLOSURE OF STREETS AND PUBLIC PLACES

[Link].1 An applicant may apply to Council for the permanent closure of a public place or public street.

[Link].2 In respect of an application for the permanent closure of a public place, the Council may direct an
applicant to:

a) Undertake an assessment of the likely impact that such permanent closure may have on
access to public places, i.e. an assessment of the “Guidelines for Human Settlement
Planning and Design, published by the CSIR (the “Red Book” guidelines);

b) Direct an applicant to replace a public place and/or pay compensation to Council in order
to develop existing open spaces and/or replace the public place.

[Link] EXTERNAL APPEARANCE AND APPROVAL OF BUILDINGS

[Link].1 The character, design and external appearance of buildings, and boundary walls, including the
material used in their construction, shall be subject to the approval of the Council, and no building
may be erected without the approval of the Council.

[Link].2 When considering any application, the Council shall have regard to the character of the locality in
which the building is proposed to be erected and shall take into account whether or not the
building will be injurious to the amenities of the locality by reason of its external appearance or
the materials which are to be used.

[Link].3 In considering any application, it shall be the duty of the Council to ensure, wherever it is
considered appropriate, that adequate provision is made for solar access, the use of solar or other
alternative energy sources and energy and water efficiency measures, the preservation of
indigenous flora, the planting or replacement of trees and the protection of water-courses, etc.

[Link].4 Any person intending to alter, extend or erect a building shall submit such drawings as are
required by the Council together with whatever other indications the Council may require.

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[Link].5 The Council shall approve the application either unconditionally or subject to such conditions as it
may deem fit, or it may refuse to grant the application on the grounds that the external
appearance of such building is unacceptable.

[Link].6 Any applicant aggrieved by any decision in terms of Clause [Link].5 shall have the right of appeal
to the Municipal Appeal Tribunal.

[Link].7 The approval by the Council of the design and external appearance of the proposed buildings,
additions or alterations shall not be deemed to be an approval in terms of any other provisions of
the scheme or of the Building Bylaws/Regulations, which approval shall first be applied for and
obtained before any building work is commenced with.

3.2 PROVISIONS APPLICABLE TO THE USE OF SITES

3.2.1 DEPOSITING OF WASTE MATERIAL

No land in any use zone may be used for the purpose of the deposit or disposal of waste material
or refuse, tipping, dumping, scrap yard, used car lot, or any other similar purpose until the owner
or his/her duly authorised representative has applied for and received the written approval of the
Council or other relevant authority.

3.2.2 WELLS AND BOREHOLES

No wells or boreholes shall be sunk on any land within the area of the Scheme, nor any
subterranean water extracted therefrom without the prior approval of the Council.

3.2.3 ADVERTISING

Any person wishing to display an advertisement must first submit a written application to the
Council for consideration and approval in terms of the Municipality’s Advertising Sign Bylaws.

3.2.4 MAINTENANCE OF PREMISES

[Link] The owner and/or occupier, as the case may be, of any land within the Municipal area shall be
responsible for the maintenance of the whole development on and of such land and the keeping
thereof in a state of good and serviceable repair.
[Link] In the event of the Council being of the opinion that any premises or part thereof is not kept in a
satisfactory state of maintenance, the Council may serve notice on the owner and/or occupier
thereof, requiring that, within such reasonable period as shall be specified, such action be taken
as may be necessary or specified in order to bring or restore such premises to a satisfactory state
of maintenance and/or repair.

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[Link] Any person upon whom notice is served in terms of this clause may, within fourteen days of the
date of service of such notice, make written representation to the Council.
[Link] Within twenty-eight days of the date of such representation being received by the Council and in
the event of the Council refusing either to modify or withdraw the notice, any person as
aforesaid who is aggrieved by such refusal, may appeal to the Municipal Appeal Tribunal.
[Link] In the event of:
(a) failure of an owner and/or occupier to comply with the specified terms of a notice
within such period as shall have been specified therein and in the absence of any
representation and/or appeal as aforesaid; or
(b) the opinion of the Council as to the state of maintenance or repair being upheld on
appeal;
the Council shall be entitled to undertake such maintenance as may have been specified in such
aforementioned notice and recover the cost thereof from the owner and/or occupier.
[Link] Failure of an owner and/or occupier to comply with the specified terms of a notice within the
period specified therein shall, in the absence of any appeal or representation as aforesaid, be
deemed to be a contravention of the Scheme.

3.2.5 DAMAGE TO THE FURNITURE OR OTHER ELEMENTS

OF STREET RESERVE

[Link] Except with the prior approval of Council, no person shall bring onto any portion of any street
reserve or cause or allow to be stationary thereon any articulated motor vehicle, breakdown
vehicle, bus, goods vehicle, tractor, truck-tractor, any other type of vehicle weighing more than 3
500kg or any tanker, skip unit or other part of an industrial vehicle for a period exceeding two
hours, except for bona fide purposes of delivering or supplying goods or services to such
premises. For the purpose of this sub-clause, the expressions “articulated motor vehicle”,
“breakdown vehicle”, “bus”, “goods vehicle”, “tractor”, “truck-tractor” and “any other type of
vehicle weighing more than 3 500kg shall have the meanings assigned thereto by the Road Traffic
Act (Act 29 of 1989), together with any schedule thereto, regulation made thereunder and
amendment thereof.”
[Link] In the event of such illegal action causing damage to the furniture or other elements of the street
reserve, Council may instruct the offender to repair the damages or Council may repair the
damages and recover the costs from the offender.

3.2.6 OCCATIONAL USE OF LAND AND/OR BUILDINGS

[Link] Land or buildings, other than Chalets, Medium Density Housing or a Residential Building, may, on
occasion, be used as a Place of Assembly or Place of Worship, provided that:

[Link].1 such use is restricted to not more than twenty calendar days in any calendar year and to not more
than two calendar days in any calendar month;

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USE ZONES AND/OR LAND USES

[Link].2 in the event of such use constituting a nuisance, it shall cease forthwith upon service of a notice
to that effect and in such event shall not be resumed except with the permission of the Council;
and

[Link].3 this clause shall not in any manner be deemed to restrict the use of a Hotel for such purposes.

[Link].4 the occasional slaughter of animals may be permitted subject to Council’s permission and
compliance with the relevant Health Bylaws.

3.2.7 TEMPORARY USE OF LAND IN ANY USE ZONE

[Link] Nothing in this Scheme shall prohibit or restrict the use of land or building as a place of
amusement, provided that such use is restricted to not more than twenty one days in each
calendar year. Such temporary use of land shall at all times comply with Council’s relevant
Bylaws, and especially Bylaws relating to Nuisance.

[Link] An owner of a property may make application to the Council for the temporary use of the
property for purposes not generally permitted in this scheme provided:

a) the written consent of adjoining property owners within a 100m radius around the
property and other affected parties, as determined by the Council, have been
obtained;
b) in considering any application in terms of this clause, the Council shall take into
consideration the nature of the proposed use in relation to the character of the area
and the number of persons to be employed; and impose whatever conditions it
considers necessary to protect the amenities of the neighbourhood,
c) any approval shall lapse after 12 months from the date of consent unless the Council
extends this period in writing; and,
d) the Council may impose further conditions or call upon the occupant to cease the use
if any of the conditions of approval are not met, malpractice occurs, or if it is
subsequently found that there is, in fact, an interference with the amenities of the
neighbourhood.

[Link] Council may approve the temporary use of land for a period longer than 12 months in an
“Undetermined” zone.

3.2.8 ADDITIONAL CONTROLS APPLICABLE TO DWELLING

UNITS AND THE SITES THEREOF

The following provisions, conditions and restrictions shall, in addition to any other relevant provision of the
Scheme, be applicable to all Dwelling Units and the sites thereof, within the area of the Scheme.

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[Link] MOTOR VEHICLES ON PREMISES OF A DWELLING

Except with the prior approval of the Council, no person shall bring onto any premises of a Dwelling Unit, any
premises reserved for the erection of a Dwelling Unit or any portion of any street reserve in a predominantly
residential area, as the case may be, or cause or allow to be present thereon any articulated motor vehicle,
breakdown vehicle, bus, goods vehicle, tractor, truck-tractor or any other type of vehicle weighing more than 3500
kg for a period exceeding two hours, except for bona fide purposes of delivering or supplying goods or services to
such premises or any adjacent premises. For the purpose of this sub-clause, the expressions “articulated motor
vehicle”, “breakdown vehicle”, “bus”, “goods vehicle”, “tractor”, “truck-tractor” and “any other type of vehicle
weighing more than 3 500kg shall have the meanings assigned thereto by the Road Traffic Act (Act 29 of 1989),
together with any schedule thereto, regulation made thereunder and amendment thereof.”

[Link] USE OF BUILDING OR ROOMS OTHER THAN HABITABLE ROOMS

AS A DWELLING
No person shall use or cause or permit to be used as a Dwelling, any room, group of rooms or building, which in the
opinion of the Council is not a Habitable Room or does not include Habitable Rooms to the satisfaction of the
Council.

[Link] ACCOMMODATION OF A CARETAKER OR EMERGENCY

PERSONNEL
Where provided for under a relevant zoning, the accommodation of a caretaker or emergency personnel may be
allowed. The size of such dwelling unit may be restricted at the sole discretion of Council.

[Link] USE OF DWELLING UNITS FOR CONDUCTING A HOME ACTIVITY

OR BUSINESS
[Link].1 GENERAL PROVISIONS APPLICABLE TO A HOME ACTIVITY OR HOME BUSINESS

[Link].1.1 No person shall conduct, practice or carry out or allow to be conducted, practiced or carried out,
for any purpose or in any manner, any occupation or business, whatsoever from or upon any
residential property except where the consent or formal authority of the Council has first been
applied for and obtained and further subject thereto that:

a) It shall be limited to the Owner of the property, who shall permanently reside
thereon, provided that the Council may in exceptional circumstances, and if it is
satisfied that the prime use of the Dwelling Unit as a residence will in no way be
prejudiced, permit the activity to be conducted by a person other than the Owner;

b) The applicant is able to provide sufficient on-site parking as required in terms of the
Scheme, and preferably shall be located to the rear of the Dwelling Unit, where
possible;

c) It shall not occupy a floor area greater than 10% of the total area of the Site subject
to this not being in excess of 25% of the floor area of the Dwelling Unit but, shall
not, in any event, exceed 50m²;

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USE ZONES AND/OR LAND USES

d) in the case of a professional or semi-professional office, it shall not exceed 40% of

the floor area of the buildings on the property, whilst the residential component
should comprise at least 60%;

e) it shall not involve any activity or work between the hours of 9:00pm and 6:00am,
except with the specific approval of Council;

f) it shall not involve the erection of sign larger than 600mm by 450mm, indicating the
nature of the activity. Such sign shall be of a material and shall utilise a style and
size of lettering which will complement the residential character of the Dwelling
Unit, and which shall be placed on the main wall of the Building and shall be in
compliance with the Advertising Signs Bylaws.

g) It shall not produce a noise level exceeding 7db above the ambient noise level,
measured at any point on the property boundary, and should in any event in the
opinion of Council not interfere with the amenity of the neighbourhood.
h) It shall not involve metal or woodwork where the operation of machines may cause
a disturbance or nuisance to surrounding landowners;

i) It shall not involve work on motor vehicles other than that relating to vehicle
servicing and minor related repairs;

j) It shall not involve the parking, on or adjacent to the Site, of any vehicle with a tare
mass exceeding 2000kg; and

k) It shall not utilise machinery other than electrically-driven or hand-driven

machinery, provided that no single machine shall be rated at more than 1,5 kW.

[Link].1.2 An application for Council’s consent or formal authority shall be accompanied by a Site
Development Plan, as provided for in Clause [Link].

[Link].2 SPECIFIC PROVISIONS APPLICABLE TO A HOME ACTIVITY

[Link].2.1 in the case of a Home Activity:

a) It shall not involve the regular congregation of more than five persons on the Site.
This includes the owner of the Site, but excludes the owner’s family that
permanently resides on the Site;
b) Apart from the possible employment of one domestic worker, a Home Activity shall
not involve the employment of any additional persons which are necessary in order
to conduct the activity; and
c) It shall not involve the regular parking of more than three motor vehicles on or
adjacent to the Site at any one time.
[Link].3 SPECIFIC PROVISIONS APPLICABLE TO A HOME BUSINESS

[Link].3.1 in the case of a Home Business:

a) It shall not involve the regular congregation of more than five persons on the Site
nor the employment of more than three persons, including the owner, on the Site;
and

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b) It shall not involve the regular parking of more than five motor vehicles on or
adjacent to the Site at any one time, subject thereto that the applicant is able to
provide all parking on-site.

[Link].3.2 in the case of the establishment of a crèche / nursery school, the establishment shall:

a) be operated by one person only, although assistants may be employed at the

discretion of the Council;

b) not involve any additions or alterations to the Dwelling Unit and / or Outbuildings,
other than those required by the State and Municipal Health Authorities;

c) be limited to the accommodation and care of more than seven (7) but not more
than thirty (30) children, other than those of the applicant. Therefore, a proposed
childcare facility on an erf zoned “Special Residential” where more than 30 children
are to be accommodated shall be subject to a rezoning application; and

d) be limited to operate between the hours of 07h00 and 17h30.

[Link].3.3 in the case of a care facility for adults, the establishment shall:

a) be operated by one person only who is qualified to do so, although assistants may
be employed at the discretion of the Council;

b) not involve any additions or alterations to the Dwelling Unit and / or Outbuildings,
other than those required by the State and Municipal Health Authorities;

c) be limited to the accommodation and care of not more than four (4) adults;

d) not provide care for or treatment of patients with infectious diseases or in any way
cause a danger to public health and safety; and

e) be able to comply with the relevant Environmental Health Bylaws and other
relevant laws, provisions and restrictions.

[Link].3.4 in the case of a Bed and Breakfast / Guest House facility:

a) shall be primarily aimed at providing short term transient accommodation to the

tourist and/or business market, operated from a private single Dwelling House;

b) shall be limited to less than fourteen (14) lodgers in not more than seven (7)
lettable rooms. “Lettable room” means a habitable room;

c) shall not include a “Place of Assembly” or “Place of Amusement”, including

weddings and other functions;

d) may include a conference facility for overnight booked-in guests only; and

e) shall comply with Council’s Bed and Breakfast Bylaws and other relevant laws,
provisions and restrictions.

[Link].3.5 Although other relevant laws, provisions and restrictions may apply, Council’s consent or formal
authority in terms of this Scheme is not necessary for the following:
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USE ZONES AND/OR LAND USES

a) the reception, keeping and temporary or partial care of six (6) or less children by the
resident owner of a Dwelling House or Dwelling Unit, either for the purpose of
profit or not, during the absence of their parents or guardians;

b) the care of two (2) adults by the resident owner of a Dwelling House or Dwelling
Unit, either for the purpose of profit or not; and

c) short term transient accommodation the tourist and/or business market, operated
from a private single Dwelling House and limited to not more than six (6) lodgers in
a maximum of three (3) lettable rooms.

4 PART 4 : ADDITIONAL PROVISIONS,

CONTROLS AND RESTRICTIONS
APPLICABLE TO LAND USE ZONES AND/OR
LAND USES

4.1.1 CONTROLS AND PROVISIONS APPLICABLE TO

AGRICULTURAL OR RURAL LAND ZONINGS AND/OR
LAND USES.

[Link] LAND ZONED AGRICULTURE

[Link].1 The use of land zoned for agricultural purposes and used for any land use other than “Agricultural
Land” and “Agricultural Building” shall be ancillary to the agricultural use and shall not impact on
or detract from the viability of the land to produce agricultural produce.

[Link].2 Any new servitude area which is 15m in width (or wider) shall be deemed to constitute a change
in land use and shall therefore be subject to the Municipal’s consent.

[Link] SMALLHOLDINGS
In general, smallholdings shall act as a buffer between developed areas and agricultural areas.

[Link] LAND IN TRADITIONAL AUTHORITY AREAS

[Link].1 Applications for development on land falling under the Ingonyama Trust also require power of
attorney from the Ingonyama Trust Board and a letter of support from the applicable Traditional
Leader/Council.

[Link].2 Proposed development shall take due cognizance of the availability of services in the Traditional
Authority Area, and the provisions of Clause [Link] (unserviced areas) shall apply.

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4.1.2 CONTROLS AND PROVISIONS APPLICABLE TO CIVIC,

SOCIAL, MUNICIPAL AND GOVERNMENT LAND
ZONINGS AND/OR LAND USES

[Link] ADDITIONAL PROVISIONS APPLICABLE TO WORSHIP SITES

[Link].1 GENERAL PROVISIONS

[Link].1.1 The site of a “Place of Worship” shall not simultaneously be the site of one or more Dwelling
Units, provided that the Council may grant its formal authority to the erection and use of one or
more Dwelling Units upon such site, to be used in conjunction with the use of such site as a Place
of Worship.

[Link].1.2 The site of a Place of Worship may include a building or buildings used as a Sunday School,
administrative office, place of religious education and/or other building/s used for purposes of
religious and social interaction or recreation where such other building is within the same site and
incidental to any of the first mentioned buildings.

[Link].1.3 Call to prayer shall exclude the use of megaphones or similar equipment, unless expressly
authorized by the Council.

[Link].1.4 A wash room may be permitted for the preparation of bodies prior to burial, subject to
compliance with Council’s Funeral Undertakers Bylaws.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO EDUCATIONAL

BUILDINGS
[Link].1 Sites for the care of children shall comply with Council’s Childcare Services Bylaws.

[Link].2 Drop-off and pick up areas shall be located on-site and, where possible, shall not be located
adjacent to a major arterial road to avoid traffic congestion and pedestrian and vehicular conflict.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO INSTITUTIONS AND

RESTRICTED BUILDINGS
[Link].1 Prior to any building plans being submitted to the Municipality for any Health facility, including
Hospitals, Clinics, Acute / Sub-Acute Facilities and the like where the public are to be treated for
an illness, the building plans are to be submitted to the KZN Department of Health for approval by
the Department’s Infection, Prevention and Control (IPC) component. Such approval is to be
submitted to the Municipality during the building plan submission phase.

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4.1.3 CONTROLS AND PROVISIONS APPLICABLE TO

ENVIRONMENTAL SERVICES

[Link] ADDITIONAL PROVISIONS APPLICABLE TO PRIVATE OPEN

SPACES:
[Link].1 Additional Uses

The Council may, at its sole discretion and on application, grant its approval to the establishment
of:

a) a shop, launderette and/or place of amusement which is ancillary and incidental to a Private
Club and which exclusively serves the members of such club and which may be established on
the site with the consent of the Council; and
b) a Dwelling Unit or Dwelling Units which is exclusively to be used for the accommodation of
club employees or caretaker;

as an integral part of Private Open Space development.

[Link].2 Prohibited Use

Land within the Private Open Space Use Zone shall not be used for any purpose which, in the
opinion of the Council, would spoil, impair or waste such land for the purpose for which it is
zoned.

[Link].3 Erection and Use of Buildings

No building shall be erected or used on land within the Private Open Space Use Zone, other than a
building which has received the approval of the Council and which is reasonably appropriate to
the predominant use of the site of such building.

[Link].4 Fencing

Nothing shall be construed as prohibiting the reasonable fencing of the land, subject to Council’s
approval.

[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO

COMMUNITY GARDENS
[Link].1 The use of land for urban agriculture / community gardens is supported within the context that it
will not degrade the quality of life of surrounding landowners, will not impact harmfully on public
health and/or the natural environment and will contribute to the social and economic well-being
of people.

[Link].2 Applications for the use of land for the purpose of producing crops will be subject to Council’s
formal authority process and shall be accompanied by:

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USE ZONES AND/OR LAND USES

a) A site plan showing the extent of the use of land and where water for irrigation
will be obtained from;

b) A motivation indicating how the use of land will be managed (including details
regarding irrigation and fertilisation) and how the use of land will contribute to
the social and economic well-being of people; and

c) An environmental and agricultural assessment and/or letter of support from

relevant environmental and agricultural authorities.

[Link].3 The use of land in environmentally sensitive areas such as floodlines, wetlands, etc. is not in line
with environmental legislation and shall therefore not be supported.

4.1.4 CONTROLS AND PROVISIONS APPLICABLE TO

COMMERCIAL LAND ZONINGS AND/OR LAND USES

[Link] GENERAL PROVISIONS APPLICABLE TO ALL COMMERCIAL

BUILDINGS
The following provisions, conditions and restrictions shall, in addition to any other relevant provision of the
Scheme, be applicable to all Commercial Buildings and the sites thereof within the area of the Scheme. For the
purpose of this Clause, a Commercial Building shall mean a building containing any one or more of the buildings
defined in this scheme as arcade, mall, shop, office building, launderette, commercial workshop, service workshop
and/or automotive showroom:

[Link].1 Separate utility areas for the loading / offloading of foodstuffs and the storage of waste products
shall be provided to avoid cross-contamination.

[Link].2 Where internal parking areas are provided, no direct pedestrian access between parking areas
and individual shops shall be permitted, but such access may be given from arcades linking the
parking area with the shopping street. Provided that where only one shop occupies the total area
of the Erf and has frontage to both the parking area and shopping street, the Council may at its
discretion grant authority for one pedestrian access from the parking court. Provided further,
that in the case of a subdivision existing at the date of adoption and having frontage only to the
parking area, the Council may grant authority for direct pedestrian access to the business
premises.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO ARCADES AND/OR

MALLS:
[Link].1 Any Arcade and/or Mall, forming part of a Commercial Building or the site thereof shall have an
unobstructed width of not less than 7,0 metres and shall be sited, designed, developed and
maintained to the Satisfaction of the Council;

[Link].2 The Council may, under exceptional circumstances herein specified, authorise the development of
an Arcade and/or Mall with an unobstructed width of not less than 4,0 metres. In considering an

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USE ZONES AND/OR LAND USES

application for such authorisation, the Council shall have due regard to any possible detrimental
effect on adjoining Buildings, Erven or Sites and the amenity of the neighbourhood; and

[Link].3 The aforementioned exceptional circumstances shall comprise, exclusively, circumstances which
in the opinion of the Council will render the development of an Arcade and/or Mall unreasonably
difficult on account of the siting of already completed buildings or the shape, size and levels of the
Erf or site or the nature and design of proposed buildings

[Link] ADDITIONAL PROVISIONS APPLICABLE TO AUTOMOTIVE

SHOWROOMS:
[Link].1 Service workshops as an ancillary use to Automotive Showrooms in commercial areas shall be
limited to servicing and maintenance of vehicles of a minor nature. Servicing, maintenance,
washing and cleaning of vehicles shall in no way cause a nuisance or detract from the character of
a commercial area;

[Link].2 Screen walls of such height, extent, materials, design and position as may be determined by
Council shall be erected as and when required in order to totally screen all service workshop,
storage areas and yards from outside view;

[Link].3 In terms of surfaces and drainage, facilities shall be subject to Clause [Link] of the Scheme.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO FUNERAL

UNDERTAKERS
Sites for funeral undertakers shall comply with Council’s Funeral Undertakers Bylaws.

[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO

CAR WASH FACILITIES
[Link].1 In terms of surfaces and drainage, Car Wash Facilities shall be subject to Clause [Link] of the
Scheme.

[Link].2 Council reserves the right to require the installation and maintenance of grease traps and
measures to control water spray and run-off.

4.1.5 CONTROLS AND PROVISIONS APPLICABLE TO OFFICE

LAND ZONINGS AND/OR LAND USES

[Link] GENERAL PROVISIONS APPLICABLE TO ALL OFFICE BUILDINGS

[Link].1 The Council may grant its formal authority in accordance with the provisions of Clause 1.9.4 of
this Scheme to the conduct a retail outlet ancillary to an office which:
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USE ZONES AND/OR LAND USES

a) is situated on the same site as the office activities concerned;

b) retails only products of the office activity to which they relate or products which are
directly associated with the office activity; and

c) have a total floor area not exceeding 10% or 150 m², whichever is the lesser, of the
total floor area of all buildings on the site.

[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO

PROFESSIONAL OFFICES
[Link].1 Consent granted to use a site zoned for professional office purposes as a dwelling house in
addition to the professional office shall be subject to the following conditions and restrictions:

a) a dwelling may be allowed only on Professional zoned Erven outside industrial

areas.

[Link].2 There shall be no direct, internal access between any part of a building used for veterinary
purposes and any other part of a building used for any other purposes.

4.1.6 CONTROLS AND PROVISIONS APPLICABLE TO SERVICE

STATIONS AND DIRECT ACCESS SERVICE STATIONS

[Link] The following provisions, conditions and restrictions shall, in addition to any other relevant
provision of the Scheme, be applicable to all Service Stations and Direct Access Service Stations
and the sites thereof within the area of the Scheme.

[Link] Except with the approval of the Council, points of ingress to and egress from the site and from
and to the public street system, respectively, shall be located, designed, constructed and
maintained to the satisfaction of the Council.

[Link] Except where Council may agree to a relaxation upon application for its authority to do so, an
area of at least 40% of the area of the site of a Service Station, Public Garage and Direct Access
Service Station shall be reserved for the parking of motor vehicles, provided that the following
may be included in the area so reserved:

a) any area, whether covered or not, required for parking in terms of Clause [Link];
b) areas giving access to and/or allowing for manoeuvring of vehicles into parking bays;
c) areas used to accommodate vehicles awaiting service or repair; and
d) forecourt areas used for the refuelling of motor vehicles.

[Link] Screen Walls of such height, extent, materials, design and position as may be determined by
Council shall be erected as and when required by Council in order to screen all working areas,
storage areas and yards from outside view.

[Link] No dismantled vehicles shall be parked, nor vehicles or equipment undergoing repair be stored,
nor repairs be done on vehicles or equipment, nor goods or other materials be stacked outside
the garage building or screen walls so as to be visible from beyond the boundaries of the site.

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USE ZONES AND/OR LAND USES

[Link] Except where Council may authorise the provision of a single Dwelling Unit for the exclusive use
of a caretaker, no Dwelling Unit of any description whatsoever shall be used or permitted to be
used simultaneously with the use of a site as the site of a Service Station / Public Garage.

[Link] A restaurant and/or other type of shop ancillary to and on the same site as a Service Station /
Public Garage and Direct Access Service Station shall be limited to:
2
a) 150m floor area which is accessible to the public (i.e. excluding storage areas, offices,
etc.) for the “service station” zoning;

b) 25% of the available coverage for the “DASC” zoning;

provided that such use shall lapse in the event of the Service Station or Public Garage ceasing to
operate; and furthermore provided that the definition of “shop” would only entail a
restaurant/café/tea room/take away facility, supermarket/convenience shop, and/or video hiring
outlet.

[Link] Public conveniences shall be provided and maintained to the satisfaction of the Council.

[Link] In terms of surfaces and drainage, the site shall comply with the provisions of Clause [Link] of the
Scheme.

4.1.7 CONTROLS AND PROVISIONS APPLICABLE TO

“HARBOUR” ZONES

[Link] Activities, land use and buildings must be port-related, either being connected to the import or
export of product or as an essential back-up service.

[Link] The landowner or National Ports Authority or a specific lessee/developer shall be responsible for
the provision of all essential services within the said Zone, subject to the conclusion of a Services
Agreement between Council and the aforementioned parties.

[Link] Notwithstanding the above, the provision of such services by Council shall be at Council’s sole
discretion, within its budgeting limitations and/or by contractual agreement between the
Harbour Authority and/or its lessee and Council.

[Link] The provisions of Clauses [Link] and [Link] relating to parking and loading areas shall, mutatis
mutandis, apply to all land and building uses within this zone.

[Link] Where no registered subdivision exists, the provisions of the scheme shall apply to any lease area
or area of use so identified by Council.

[Link] The height of any building or structure shall not impede the efficient control by the Harbour
Authority over water activities, as determined by such authority.

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USE ZONES AND/OR LAND USES

4.1.8 CONTROLS AND PROVISIONS APPLICABLE TO

INDUSTRIAL LAND ZONINGS AND/OR LAND USES

[Link] GENERAL PROVISIONS APPLICABLE TO ALL INDUSTRIAL AREAS

AND USES
[Link].1 Clauses [Link] and [Link] of the Scheme will be applicable, which implies that a Development /
Site Development Plan must be compiled by the prospective owner/developer for the purpose of
co-ordinated allocation of land use rights and restrictions as contemplated in the Scheme and as a
prerequisite for development.

[Link].2 The permissible Coverage on any Erf or site in a General Industrial or High Impact Industrial Use
Zone shall not exceed 60%. Provided that, notwithstanding anything to the contrary contained in
this Scheme, the aforesaid permissible Coverage of any such Erf or site which is 4 ha or greater in
extent shall increase, at a ratio of a 2,5% increase for every whole hectare in excess of 4 ha, to a
maximum of 75%.

[Link].3 In respect of a site in the High Impact Industrial or Harbour-Bound Industrial Use Zones, nothing
contained in this Scheme shall prevent Council from:

[Link].3.1 granting its authority or consent to the conduct of either 1) a staff canteen (including an
automated teller machine under special circumstances and to the sole discretion of Council) by
Council’s authority or 2) an ancillary convenience facility (including an automated teller machine
under special circumstances and to the sole discretion of Council) by Council’s consent, per
property; provided:

a) that in both cases the trade shall be restricted to the sale of take-away food,
refreshments and other convenience goods;

b) that in the case of an ancillary convenience facility the gross total floor area shall be
restricted to 50m2;

c) that in the case of a staff canteen trade shall be restricted to persons actually employed
on the property and no outdoor advertising shall be allowed; and

d) that such ancillary convenience facility shall cease to exist in the event that the industrial
concern upon the premises ceases to operate;

[Link].3.2 nor shall anything contained in this Scheme prevent Council from granting its approval or consent
to the erection and use of the following within the said use zones:

a) large scale retail outlets which are incompatible with the vast majority of the types of
shops normally found in Commercial Zones, but which fit in well in an Industrial Area
(e.g. dealers in building material; firms dealing in wire, gates and fences; timber
merchants and firms dealing in agricultural implements); or

b) retail outlets which deal very largely with other firms normally located in an Industrial
Area such as specialist industrial concerns in the motor trade (e.g. motor spares shops

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USE ZONES AND/OR LAND USES

and auto electrical specialists), construction and engineering firms (e.g. paint shops and
firms dealing in engineering supplies); or

c) retail outlets or factory shops which:

(i) are situated on the same site as the industrial activities concerned;

b) retail only products of the industrial activity to which they relate or products
which are directly associated with the industrial activity; and
c) have a total floor area not exceeding 10% or 150 m², whichever is the lesser, of
the total floor area of all buildings on the site; provided that there shall be only
one shop for each industrial undertaking on the site.
[Link].4 Except where specific provision is made therefore in this Scheme and saving that the Council may
approve of the erection and use of a single Dwelling Unit for the exclusive use of a caretaker, no
other Dwelling Unit of any description whatsoever shall be erected or used or permitted to be
erected or used on any Erf with an industrial zoning.

[Link].5 All service industrial zoned erven located in Richards Bay Extension 23 and 24, are
notwithstanding any other provision of this scheme, subject to a 12 (twelve) metre wide building
restriction strip, as indicated on plans CBD/TP/P/86 and CBD/TP/P/122.

[Link].6 The building restriction strip shall consist of the following parts:

a) a 5 (five) metre wide parking strip;

b) a 6 (six) metre wide internal vehicle driveway; and

c) a 1 (one) metre wide pedestrian strip.

[Link].7 The parking strip shall:

a) be provided parallel and continuous along the full length of the boundaries of such
properties, adjacent to the relevant street, and shall be used for the provision of 90
degree, uncovered parking spaces in accordance with Clause [Link] of this scheme, and
include connections with the existing vehicular entrances and exits;

b) have a width of 5 (five) metres, measured in a horizontal plane and rectangular to the
existing street boundaries;

c) be designed, built, demarcated, sealed, drained and maintained, to the satisfaction of

the Municipal Engineer, by the owner of a specific erf, before the relevant erf or any
building or any structure on the erf may be permanently used or occupied;

d) be finished off and maintained to the satisfaction of the Municipal Engineer by the
owner with an approved kerbing; and

e) be used exclusively for the provision of uncovered parking spaces and no building,
whether temporary or permanent, shall be erected in the parking strip.

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USE ZONES AND/OR LAND USES

[Link].8 The internal vehicle driveway shall:

a) be provided parallel and continuous along the full length of the street boundaries of the
relevant properties but immediately adjacent to the 5 (five) metre parking strip and shall
be used as uncovered manoeuvring space for vehicles from the parking strip and shall
furthermore serve as an internal circulation area for vehicles, from as well as to adjacent
erven;

b) have a width of 6 (six) metres, measured in a horizontal plane and rectangular to the
existing street boundaries;

c) be designed, built demarcated, sealed, drained and maintained, to the satisfaction of the
Municipal Engineer, by the owner of a specific erf, before the relevant erf or any building
or any structure on the erf may be permanently used or occupied;

d) have no physical obstruction, which will impede or prevent vehicular access to or exit
from adjacent erven;

e) to the satisfaction of the Council, link up with the internal vehicle driveways of adjacent
erven; and

f) be used exclusively as uncovered manoeuvring area for vehicles, and no building

whether temporary or permanent, shall be erected in the internal vehicle driveway.

[Link].9 The Pedestrian strip shall:

a) be parallel to and continuous along the full length of the street boundaries of the
relevant properties but adjacent to the 6 (six) metre internal vehicle driveway and shall
primarily be used for safe pedestrian movement;

b) have a width of 1 (one) metre, measured in a horizontal plane and rectangular to the
existing street boundary and shall have a minimum vertical clearance of 3,0 (three
comma zero) metres measured from the finished level of the pedestrian strip;

c) be designed, built, demarcated, sealed, drained and maintained to the satisfaction of the
Municipal Engineer, by the owner of a specific erf, before the relevant erf or any building
or any structure on the erf may be permanently used or occupied; and

d) be separated from the internal vehicle driveway to the satisfaction of the Municipal
Engineer.

[Link].10 Where a greater number of parking spaces must be provided in terms of Clause [Link] than can
be fitted into the parking strip, the additional parking spaces shall, to the satisfaction of the
Municipal Engineer, be provided on the property, barring the internal vehicle driveway, subject
thereto that:

a) the additional number of parking spaces shall be designed, sealed, demarcated, drained
and maintained to the satisfaction of the Municipal Engineer;

b) an alternative safe pedestrian strip shall, to the satisfaction of the Municipal Engineer,
be provided to link up with the pedestrian strips of adjacent erven; and

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USE ZONES AND/OR LAND USES

c) the additional number of parking spaces shall, where the additional parking spaces are
provided adjacent to the internal vehicle driveway, be designed, built, demarcated,
sealed and maintained, identical to the parking spaces in the parking strip, to the
satisfaction of the Municipal Engineer.

[Link].11 The Council may, at his sole discretion, prescribe the direction of traffic flow on the internal
vehicle driveways, in order to fit in with the traffic flow of streets serving Richards Bay, Extensions
23 and 24.

[Link].12 Without prejudicing any powers of the Council in terms of any other legislation, nothing will be
interpreted in this scheme to prohibit the conducting of a hiring service/business from where
goods or any other moveable property may be leased, which, in the sole opinion of the Council,
are related to any land use type that has a primary right on a ”General Industry” or “Light
Industry” zoned property.

[Link].13 All spray painting booths, regardless of their application, shall be required to have a working
chamber, fresh air system and exhaust system installed to the satisfaction of the Medical Officer
of Health / Environmental Health Section.

[Link].14 All sand blasting booths shall be subject to Council’s approval and shall ensure that the operation
of the sand blasting booth does not in any way impact on surrounding landowners. For this
reason a sand blasting booth shall be enclosed and shall have a relevant fresh air and exhaust
system installed to the satisfaction of the Medical Officer of Health / Environmental Health
Section.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO HARBOUR-BOUND

AND IDZ INDUSTRIAL ZONES
[Link].1 Activities, land use and buildings on erven zoned “Harbour-Bound Industrial” must be connected
to the import or export of products and/or beneficiation and value-adding of products,
commodities and services. It may include allied services and administrative support activities
which are normally associated with such industries.

[Link].2 Activities, land use and buildings on erven zoned “IDZ Industry” must be aligned with this Scheme
and relevant legislation that governs Industrial Development Zones and/or Special Economic
Zones.

[Link].3 Council may, at its sole discretion, require the erecting of screening measures of such height,
extent, materials, design and position as may be determined by Council, in order to screen
unsightly areas, stockpiles or dumps from public streets.

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4.1.9 CONTROLS AND PROVISIONS APPLICABLE TO MINES

AND QUARRIES

[Link] The use of land for mines and quarries may be subject to additional provisions and controls in
terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as
amended.
[Link] Nothing in this Scheme shall prevent an area zoned for Mining to be used for agricultural
purposes prior to mining taking place. Land use after mining of an area has been completed shall
be determined in consultation with the Municipality.

4.1.10 CONTROLS AND PROVISIONS APPLICABLE TO LAND

WITHIN ZONES APPLICABLE TO RESIDENTIAL LAND
ZONINGS AND/OR LAND USES

[Link] ADDITIONAL PROVISIONS APPLICABLE TO LAND ZONED

“SPECIAL RESIDENTIAL”
The following provisions, conditions and restrictions shall, in addition to any other relevant
provision of the Scheme, be applicable to all Special Residential zones, Dwelling Houses and the
sites thereof:

[Link].1 ERF CATEGORIES

[Link].1.1 The following erf categories shall apply to sites zoned “Special Residential” :

CATEGORY AVERAGE MIN ERF SIZE MINIMUM STREET MAXIMUM MAXIMUM FAR BUILDING SIDE REAR
SIZE OF FRONTAGE HEIGHT COVERAGE LINE (M) SPACE
NEIGHBOUR (FOR (M) SPACE (M)
ING SUBDIVISION) (STOREY) (%)
PROPERTIES

1 <300m2 240 m2 8m 2 70% 0,80 3m 2m or 1,5m per storey,

whichever the greater
2 300-500m2 450 m2 10m 2 60% 0,60 3m
2 2
3 501-800m 750 m 15m 2 50% 0,50 4m
2 2
4 >800m 800 m 18m 2 40% 0,40 5m

[Link].1.2 Where an Erf is of an irregular shape, hatchet-type, occurs in a cul de sac or change in road
direction, the frontage on the street may, with the authority of Council, be less than the
prescribed minimum frontage, provided that the site ratio of the Erf remains 1:3 and provided
also that the street frontage is not less than 4 metres.

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[Link].2 NUMBER OF DWELLING UNITS PER ERF

[Link].2.1 Subject to the relevant application procedure as prescribed by Council, nothing in this scheme
shall prohibit or restrict Council to approve of or grant its formal authority for, as the case may
be, the development of one additional dwelling unit on any Erf zoned Special Residential on
which a dwelling unit either already has been erected or is intended to be erected, subject to the
following restrictions:

CATEGORY ERF SIZE FREE ENTRY USE FORMAL AUTHORITY REQUIRED

2 2 2
1 <300m 36 m > 36 m
2 2 2
2 300-500m 45 m > 45 m
2 2 2
3 501-800m 65 m > 65 m
2 2 2
4 >800m 80 m > 80 m

[Link].2.2 Where the lot is used exclusively for Medium Density Housing, the minimum lot size shall be
2
1800m and unit density shall be limited to 30 dwelling units per hectare.

[Link].3 LETTING OF PREMISES

No part of any Dwelling House shall be let off as a separate tenement, nor shall the outbuildings
of, or an additional freestanding building on the premises of a Dwelling House except an
Additional Dwelling Unit be let off as a separate tenement. Provided that this Clause shall not
restrict Council from granting its formal authority for the use of a Dwelling House as a Bed and
Breakfast / Guest House as defined in this Scheme.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO SITES ZONED

“MEDIUM DENSITY RESIDENTIAL”
The following provisions, conditions and restrictions shall, in addition to any other relevant
provision of the Scheme, be applicable to all sites zoned Medium Density Residential:

[Link].1 Where an Erf is of an irregular shape, hatchet-type, occurs in a cul de sac or change in road
direction, the frontage on the street may, with the authority of Council, be less than the
prescribed minimum frontage, provided that the site ratio of the Erf remains 1:3 as provided for
in Clause [Link] of the Scheme, and provided also that the street frontage is not less than 4
metres.

[Link].2 Where the lot is used exclusively for Medium Density Housing, the density shall be limited to 30
dwelling units per hectare.

[Link].3 Should a Dwelling House be erected on a site zoned for Medium Density Housing, the provisions
of Clause [Link] shall apply.

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[Link] ADDITIONAL PROVISIONS APPLICABLE TO LAND ZONED “HIGH

DENSITY RESIDENTIAL”
The following provisions, conditions and restrictions shall, in addition to any other relevant
provision of the Scheme, be applicable to all High Density Residential zones, Dwelling Houses and
the sites thereof:

[Link].1 Where an Erf is of an irregular shape, hatchet-type, occurs in a cul de sac or change in road
direction, the frontage on the street may, with the authority of Council, be less than the
prescribed minimum frontage, provided that the site ratio of the Erf remains 1:3 as provided for
in Clause [Link], and provided also that the street frontage is not less than 4 metres.

[Link].2 Where the lot is used exclusively for Medium Density Housing, the density shall be limited to 30
dwelling units per hectare.

[Link].3 Should a Dwelling House be erected on a site zoned for High Density Residential purposes, the
provisions of Clause [Link] shall apply.

[Link] APPLICATION PROCEDURE, DESIGN AND LAYOUT OF MEDIUM

AND HIGH DENSITY HOUSING DEVELOPMENTS
[Link].1 The applicant shall submit to the Municipality for its approval and in the required format:

a) A Site Development Plan, and in addition to the requirements of Clause [Link], also show
the following:

i) The position, dimensions and materials to be used in the construction of all

roads, drive-ways, parking areas, squares and pedestrian access ways, if any;

ii) The boundaries of all dwelling unit curtilages, private open areas and common
open spaces;

iii) The position, nature, extent and levels of all proposed and existing buildings on
the site and adjoining sites;

iv) The proposed landscaping of the site;

v) The proposed public open space;

vi) The position and nature of recreation facilities, if any;

vii) The position and extent of all utility areas.

b) A set of sketch drawings prepared by an architect at a scale of 1 : 100 showing the plans,
sections and elevation of each type of structure within the proposed development and
particulars of the materials and colours to be used for the exterior wall finishes and roof
or roofs; together with both front and rear elevations of each typical group of dwelling
units at a scale of 1 : 100 or 1 : 200;

c) A table indicating:
i) The total area of the site;
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ii) The total number of dwelling units;

iii) The total floor area;

iv) The total number of car parking spaces provided for visitors and for residents;

v) The extent of the usable common land, the smallest private open area, the
smallest dwelling unit curtilage and the smallest utility area; and

vi) The areas of public open space and other public uses where applicable;

d) Any other documents which the Municipality may reasonably require.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO MEDIUM DENSITY

HOUSING
[Link].1 The Curtilage for a Medium Density Housing Development shall not be less than 250m² in extent.

[Link].2 The following minimum areas per dwelling unit shall apply to Medium Density Housing:

a) Private Open Area – 30 m²

b) Usable Common Open Space – 50m²

c) Utility Area – 15 m²

d) The minimum floor area of a garage or carport shall be 21 m², with a minimum width of
3,5m².

[Link].3 Within a Medium Density Housing Site, a building line does not apply to the dwelling unit
curtilages, except along external street frontages of the Medium Density Housing site, where the
building line shall be 7, 5 m.

[Link].4 Wherever it is intended to develop a site for Medium Density Housing in a Special Residential
zone, the maximum number of dwelling units which may be established on a Medium Density
Housing site shall be obtained by dividing the registered surveyed area of the property concerned
by the appropriate minimum lot area per dwelling house as specified in Clause [Link].1, and
taking into consideration Clauses [Link].2, [Link].3 and [Link], and rounded off to the
nearest whole number. Provided further that on lots of greater than 3 600m², the Municipality
may authorize a maximum permissible density of 15 units per hectare rounded off to the nearest
whole number.

[Link].5 Where in the opinion of the Municipality a road within a Medium Density Housing site should
serve the public, the Municipality may require the road to be registered as a public road, provided
that for the purpose of bulk and coverage calculation, the area of the public road shall be included
in the gross site area.

[Link].6 The minimum width of a road carriageway within a Medium Density Housing site shall be 3
metres where the carriageway is one-way and 5,5 metres where a dual-carriageway is provided.

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[Link].7 Situated at the end of every cul-de-sac there shall be provided turning space to the satisfaction of
the Municipality.

[Link].8 A Home Owners’ Association shall be established. Such Association shall administer and maintain
the common land, control the external appearance of buildings within the Medium Density
Housing sites and deal with any other matter pertaining to the Medium Density Housing sites
which is of common interest to its members. The affairs of the Association shall be regulated by a
memorandum and Articles of Association. The Memorandum and Articles of Association shall
have been submitted to the Municipality who shall have certified that it has no objection to these
documents.

[Link].9 No dwelling unit curtilage within the Medium Density Housing site or within any portion of the
site specified by the Municipality shall be transferred or separately registered before the whole
Medium Density Housing site or the specified portion of the Medium Density Housing site within
which the curtilage is situated has been developed to the satisfaction of the Municipality.

[Link].10 In the event of the different dwelling unit curtilages being transferred in freehold or registered
leasehold title, the Municipality shall require that:-

a) the common land shall be owned exclusively by the freehold or registered leasehold
owners of the dwelling units in co-ownership; and

b) no co-owners shall be entitled to require the partition of the common land according to
the proportion of his share.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO RESIDENTIAL

BUILDINGS
[Link].1 No Residential Building may be erected on a site of less than 1800 m² in extent.

[Link].2 Those portions of the site of a Residential Building not used for building, parking, road or other
utility purposes, which portions shall comprise not less than 25% of the area of such site, shall,
within a period to be determined by the Council, be landscaped at the cost of the owner to the
satisfaction of the Council, for the use and enjoyment of the residents of the dwelling units, and
shall thereafter be maintained by the owner, at his cost;

Provided that:

a) the aforesaid 25% of the area of the site may, with the authority of the Council, include
the area of any flat roof of a Residential Building, conveniently accessible from such
Residential building and laid out or landscaped to the satisfaction of the residents of the
Council for the use and enjoyment of the residents of the Dwelling Units; and

b) the aforesaid period to be determined by the Council shall not be less than six months or
more than eighteen months from the date on which any Dwelling Unit on the site is first
used for residential purposes.

[Link].3 The minimum width of a road carriageway within a High Density Housing site shall be 3 metres
where the carriageway is one-way and 5,5 metres where a dual-carriageway is provided.

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[Link].4 Situated at the end of every cul-de-sac there shall be provided turning space to the satisfaction of
the Municipality.

[Link].5 Adequate utility facilities shall be provided to the satisfaction of the Council, including areas for
waste disposal, clotheslines, etc.

[Link] ADDITIONAL CONTROLS AND PROVISIONS APPLICABLE TO

RESIDENTIAL ESTATES
[Link].1 DESIGN AND LAYOUT

[Link].1.1 The development within the Residential Estate Site shall be harmoniously designed. Careful
attention shall be given to the aesthetic and functional aspects of the design. The Council may,
where considered necessary or reasonably desirable by the Council, require the landscaping,
paving or any other treatment of portions of a Residential Estate Site.

[Link].1.2 The owner shall not develop any area, whether in part or in whole, without prior approval by the
local authority of a Development Plan/Site Development Plan, as set out in Clauses [Link] and
[Link] respectively, of this Scheme. Such plan shall demarcate the relevant components of the
development, which may include:

a) Residential Component; and

b) Recreation / Education / Commercial Component

[Link].1.3 The Development and/or Site Development Plan shall detail access points, all relevant bulk factors
(viz., relevant height, floor areas, coverage), parking / loading areas, private areas, landscaping
and other related requirements per the components listed above.

[Link].1.4 The minimum width of a road carriageway within a Residential Estate site shall be 3 metres
where the carriageway is one-way and 5,5 metres where a dual-carriageway is provided.

[Link].1.5 Situated at the end of every cul-de-sac there shall be provided turning space to the satisfaction of
the Municipality.

[Link].2 PROVISIONS APPLICABLE TO THE RESIDENTIAL COMPONENT OF A RESIDENTIAL ESTATE

[Link].2.1 The provisions of Clauses [Link] and/or [Link] shall apply.

[Link].2.2 Density for a Medium Density Housing component shall be limited to 30 dwelling units per
hectare.

[Link].3 PROVISIONS APPLICABLE TO THE RECREATION / EDUCATION / COMMERCIAL COMPONENT OF A

RESIDENTIAL ESTATE SITE

[Link].3.1 The Recreation / Education / Commercial Component shall be restricted to 25% of the total site of
a Residential Estate.

[Link].3.2 High impact areas such as recreation, education and commercial area should, at all times, respect
the privacy and well-being of the residents.

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[Link].4 PROVISIONS APPLICABLE TO SERVICES AND UTILITY COMPONENTS OF A RESIDENTIAL ESTATE

[Link].4.1 Adequate facilities for the removal of and general waste, in line with Council’s Bylaws and to the
satisfaction of Council, shall be provided.

[Link].4.2 Adequate facilities for clotheslines shall be provided within the residential component of the
estate.

[Link].5 SECURITY AND LIGHTING

[Link].5.1 Adequate provision shall be made for perimeter and internal security measures, which may
include a guard house, perimeter fencing, etc.

[Link].5.2 The development shall be adequately lit, to the satisfaction of Council.

[Link].6 PARKING AND LOADING REQUIREMENTS

[Link].6.1 Parking and loading requirements shall be in terms of Clauses [Link] and [Link] of the Scheme,
and shall be based on the components of the development as indicated in the Site Development
Plan.

[Link].6.2 Public transport stops shall be provided within or at the entrance/s to the development.

[Link].7 BUILDING LINES, SIDE AND REAR SPACES

[Link].7.1 The provisions of Clauses [Link] shall apply.

[Link] ADDITIONAL CONTROLS AND PROVISIONS APPLICABLE TO

RETIREMENT VILLAGES
[Link].1 DESIGN AND LAYOUT

[Link].1.1 The development within the Retirement Village Site shall be harmoniously designed. Careful
attention shall be given to the aesthetic and functional aspects of the design. The Council may,
where considered necessary or reasonably desirable by the Council, require the landscaping,
paving or any other treatment of portions of a Retirement Village Site.

[Link].1.2 Pedestrian pathways shall be designed and constructed, taking due cognisance of the limited
mobility of some residents of a Retirement Village. It shall aim to contain materials that is
considered non-slippery, shall not present a tripping hazard and shall not have a gradient steeper
than 1 in 12.

[Link].1.3 The owner shall not develop any area, whether in part or in whole, without prior approval by the
local authority of a Development Plan/Site Development Plan, as set out in Clauses [Link] and
[Link] respectively, of this Scheme. Such plan shall demarcate the relevant components of the
development, which may include:

a) Assisted Living and Frail Care;

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USE ZONES AND/OR LAND USES

b) Medium Density Housing;

c) Recreation and Community Centre. Such component should further demarcate areas
accessible by the general public or accessible only by the residents and guests;

d) Service and utility areas; and

e) Common areas and open space, which shall form part of all other components listed
above.

[Link].1.4 Components may be interspersed to provide, for instance, two separate recreation areas, etc.

[Link].1.5 The Development and/or Site Development Plan shall detail access points, all relevant bulk factors
(viz., relevant height, floor areas, coverage), parking / loading areas, public vs. private areas,
landscaping and other related requirements per the components listed above.

[Link].2 PROVISIONS APPLICABLE TO THE MEDIUM DENSITY HOUSING COMPONENT OF A RETIREMENT

VILLAGE SITE

[Link].2.1 The provisions of Clause [Link] shall apply.

[Link].3 PROVISIONS APPLICABLE TO THE FRAIL CARE / ASSISTED LIVING COMPONENT OF A

RETIREMENT VILLAGE SITE

[Link].3.1 The size of the Frail Care / Assisted Living component shall not be less than 3600m² or 25% of the
total Retirement Village site, whichever is greater.

[Link].3.2 A minimum of 25% of the Frail Care / Assisted Living component shall be provided as private open
space and/or common areas.

[Link].4 PROVISIONS APPLICABLE TO THE RECREATION / COMMUNITY CENTRE COMPONENT OF A

RETIREMENT VILLAGE SITE

[Link].4.1 The Recreation and Community Centre component of a Retirement Village shall be limited to a
maximum of 50% of the total Retirement Village site.

[Link].4.2 The Recreation and Community Centre component of a Retirement Village should aim to
empower the senior citizen community, and as such could allow for continued employment
options for senior citizens, recreational and socialization needs and the continued integration of
the senior citizen community with the rest of the community (i.e. “public contact” areas).

[Link].4.3 Should public contact areas be provided for as part of a Retirement Village, site development
plans should clearly distinguish between, and separate (where necessary) areas accessible by the
general public (i.e. “public contact” areas) or accessible only by the residents and guests. This may
include a dual security gate system.

[Link].4.4 The “Public contact area” is restricted to a maximum of 20% of the Recreation and Community
Centre component of a Retirement Village.

[Link].4.5 “Public contact areas” should, at all times, respect the privacy and well-being of the residents. The
following land uses may be provided for access to the general public:

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USE ZONES AND/OR LAND USES

a) Educational Building, restricted to a library, art gallery, crèche/nursery school and

educational training facilities/lecture hall;

b) Place of Worship;

c) Place of Assembly, limited to a conference facility and restaurant / tea garden;

d) Informal Trade Area, restricted to a community/flea market facility.

e) General or Professional Offices.

[Link].4.6 The following restrictions relating to permissible and consent uses shall apply to The Recreation
and Community Centre component of a Retirement Village accessible only by the residents and
guests:

a) Shop shall be restricted to a hair / beauty salon, laundry, convenience/tuck shop and
other commercial uses ancillary to a Retirement Village facility.

b) Agricultural Land shall be restricted to the use for a community garden and a plant
nursery.

[Link].5 PROVISIONS APPLICABLE TO SERVICES AND UTILITY COMPONENTS OF A RETIREMENT VILLAGE

SITE

Adequate facilities for the removal of hazardous/medical and general waste, in line with Council’s
Bylaws and to the satisfaction of Council, shall be provided.

[Link].6 SECURITY AND LIGHTING

[Link].6.1 Adequate provision shall be made for perimeter and internal security measures, which may
include a guard house, perimeter fencing, etc.

[Link].6.2 The development shall be adequately lit, to the satisfaction of Council.

[Link].7 SEQUENTIAL DEVELOPMENT

[Link].7.1 The Council may approve of a Retirement Village Site being developed sequentially in
portions/phases, provided that at least the following services shall be provided concurrently with
the first stage of development:

a) a Care Centre, which may contain frail aged accommodation with a minimum total
number of beds equal to 10% of the number of dwelling units;

b) the Community Centre, which shall contain a kitchen, dining room and lounge area and
may include other support facilities which shall be for the exclusive use of the residents
and their guests;

c) open space areas; and

d) administration offices.

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[Link].8 PARKING AND LOADING REQUIREMENTS

[Link].8.1 Parking and loading requirements shall be in terms of Clauses [Link] and [Link] of the Scheme,
and shall be based on the components of the development as indicated in the Site Development
Plan.

[Link].8.2 One bus loading zone is to be provided within the recreation and community centre component
and one ambulance zone is to be provided within the frail care / assisted living component.

[Link].8.3 The development shall make provision for the parking of caravans / boats / motor homes owned
by the retirees.

[Link].9 BUILDING LINES, SIDE AND REAR SPACES

The provisions of Clauses [Link] shall apply.

4.1.11 CONTROLS AND PROVISIONS APPLICABLE TO HOTELS

[Link] The following provisions, conditions and restrictions shall, in addition to any other relevant
provision of the Scheme, be applicable to all Hotels and the sites thereof within the area of the
scheme.

[Link].1 Except with the approval of the Council, no Hotel shall be erected on a site of less than 3600m² in
extent.

[Link].2 Notwithstanding any other provision of the scheme and in respect of a Hotel, Council may grant
its approval to one or more of the following activities being used ancillary to such Hotel:
Hairdressing salon, health and beauty facility, book shop, news agent, automatic vending
machines, travel agent, florist, booking agent, and curio shop or bank agency.

Provided that:

a) for the purposes of this clause, the definition of such aforesaid activities shall be at the
discretion of the Council provided that any applicant aggrieved by such definition may
appeal;

b) no commercial advertising of such aforesaid activities shall be permitted on the site so as

to be visible from outside the building;

c) access to such activities shall be from within the Hotel; and

d) for the purpose of Floor Area Ratio, Coverage and Height determination such aforesaid
activities shall be deemed to be part of the Hotel.

[Link].3 Where a Hotel is permitted in any Zone and the actual Coverage of all buildings on the site
exceeds 60% then, for the purpose of determining permissible Coverage in respect of such Hotel
only, may any flat roofs on the site, laid out or landscaped for rest and recreational purposes and
conveniently and freely accessible from such Hotel, with the approval of the Council, be deemed
to be excluded from actual coverage.

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4.1.12 CONTROLS AND PROVISIONS APPLICABLE TO RESORT

ZONES

[Link] ADDITIONAL PROVISIONS APPLICABLE TO HIGH AND LOW

IMPACT RESORTS
[Link].1 Within a Resort Zone, the provision of any Caravan Park shall be designed and operated
independently of any accommodation of a permanent nature such as Chalets, Dwellings and
Medium Density Housing units.

[Link].2 No Caravan Park, Chalets, Dwellings, or Medium Density Housing units may be erected within a
Resort Zone without compliance, first, with the provisions of Clause [Link] of this Scheme, at the
sole discretion, and to the satisfaction, of the Council.

[Link].3 No chalet, dwelling unit or building may be sited within the coastal setback line as determined by
Council, or in terms of legislation.

[Link].4 No undergrowth, shrubs and trees of an indigenous nature may be cleared, unless so identified
and approved by means of an environmental impact assessment.

[Link].5 The Council may, at its sole discretion, on application to it, grant its approval to the establishment
of:
a) a shop, launderette and/or place of amusement, place of assembly, or recreational
building which is ancillary and incidental to the Resort Zone and exclusively serves such
zone; and

b) a dwelling unit, or dwelling units, which is, or are, exclusively to be used for
accommodation of employees of a Caravan Park.

[Link].6 Within the Resort Zone, the use of a single caravan or a dwelling unit, or occupant or occupants of
a caravan or a dwelling unit, or any representative of such occupant or occupants, for a period in
excess of three months in any twelve month period, shall be subject to the authority of the
Council.

[Link].7 No caravan park shall be established within the area of this scheme, except where the approval of
the Council thereto has been obtained. The design, layout and other standards of the Caravan
Park shall be to the satisfaction of the Council and subject to such conditions which the Council
may impose; provided that the Council, when considering an application in respect of a Caravan
Park may, at its sole and unhindered discretion allow itself to be guided by the South African
Bureau of Standard’s “Code of Practice for the siting, layout, design, construction, use,
maintenance and operation of caravan parks” (SANS 10092-2004). The Council reserves the right
to impose any part of parts or the whole of the said Code or applicable Bylaws as a condition of
approval, in which case such Code or Bylaws, or parts thereof, shall be deemed to have the same
force and effect as any provision of this Scheme and to be a part of this scheme.

[Link].8 Within the Resort Low Impact zone, residential units or caravans may not exceed 20 dwelling
units and/or caravans per gross ha.

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[Link] ADDITIONAL PROVISIONS APPLICABLE TO “HARBOUR RESORT”

ZONES
[Link].1 Portnet or Developers shall be responsible for the provision of all essential services within the said
Zones, subject to the provisions of Clause [Link].

[Link].2 Notwithstanding the above, the provision of such services by Council shall be at Council’s sole
discretion, within its budgeting limitations and/or by contractual agreement between the Harbour
Authority and/or its lessee and Council.

[Link].3 The provisions of Clauses [Link] and [Link] shall, mutatis mutandis, apply to all land and building
uses within these zones.

[Link].4 Where no registered subdivision exists, the provisions of the scheme shall apply to any lease area
or area of use so identified by Council.

[Link].5 The height of any building or structure shall not impede the efficient control by the Harbour
Authority over harbour water activities, as determined by such authority.

4.1.13 CONTROLS AND PROVISIONS APPLICABLE TO

TRANSPORTATION ROUTES OR CORRIDORS

[Link] PROVISIONS APPLICABLE TO RAILWAY CORRIDORS

[Link].1 Transnet or Developers shall be responsible for the provision of all essential services within the
said Zone.

[Link].2 Notwithstanding the above, the provision of such services by Council shall be at Council’s sole
discretion, within its budgeting limitations and/or by contractual agreement between the railway
authorities and/or its lessee and Council.

[Link].3 The provisions of Clauses [Link] and [Link] shall, mutatis mutandis, apply to all land and building
uses within these zones, if required by Council.

[Link].4 Where no registered subdivision exists, the provisions of the scheme shall apply to any lease area
or area of use so identified by Council.

[Link].5 The height of any building or structure shall not impede the efficient control by the railway
authority over railway activities, as determined by such authority.

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4.1.14 CONTROLS AND PROVISIONS APPLICABLE TO

TRANSPORT TERMINALS

[Link] GENERAL PROVISION APPLICABLE TO ALL TRANSPORT

TERMINALS
[Link].1 SITE DEVELOPMENT PLANS

[Link].1.1 Sites shall not be developed, whether in part or in whole, without prior approval by the local
authority of a Framework Plan / Development Plan / Site Development Plan, as set out in Clause
[Link] and [Link] of this Scheme.

[Link].1.2 Such plan shall demarcate all relevant components of the development, such as:

a) Refuelling area/s;
b) Mechanical workshop/s;
c) Vehicle washing area/s;
d) Vehicle parking, loading and maneuvering area/s;
e) Pedestrian movement areas;
f) Waiting, recreational and shopping area/s;
g) Relevant docks, hangers, warehousing, etc.;
h) Overnight Facility/ies (if provided);
i) Ingress / Egress points to the site;
j) Lighting, security and custom control measures;
k) Buffer or screening measures implemented (if deemed necessary);
l) Landscaping;
m) Waste Management Area/s; and
n) Other components as required by the Municipality.

[Link].1.3 The Development and/or Site Development Plan shall detail all relevant bulk factors (viz., relevant
height, floor areas, coverage) and other related requirements per components listed above.

[Link].1.4 Detailed design and actual development shall be subject to an appropriate level of geotechnical,
traffic and environmental assessment, and/or any other specialist study that the Municipality may
require.

[Link].2 SURFACES AND DRAINAGE

The provisions of Clause [Link] of the Scheme shall apply.

[Link].3 ACCESS, TRAFFIC MOVEMENT AND DROP-OFF / PICK-UP AREAS

[Link].3.1 Points of ingress to and egress from a transportation terminal or facility shall be sited,
constructed, paved and maintained to the satisfaction of the Council.
[Link].3.2 Traffic movement within the facility and drop-off/pick-up areas shall make provision for
separation of pedestrian and traffic movement, signage, road markings, shelters and other
facilities to ensure the safety and convenience of passengers.

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USE ZONES AND/OR LAND USES

[Link].4 WASTE MANAGEMENT

The provisions of Clause [Link] of the Scheme shall apply.

[Link].5 SECURITY, SCREENING, LIGHTING AND VENTILATION

[Link].5.1 Adequate security shall be provided and maintained to the satisfaction of the Council.
[Link].5.2 Adequate lighting shall be provided and maintained on the premises for the safe movement and
control of vehicular and pedestrian traffic to the satisfaction of the Council. Such additional
lighting as the Council may deem necessary to facilitate safety, movement and control of traffic to
and from the site shall be provided at the cost of the owner.
[Link].5.3 Adequate ventilation of the premises shall be provided and maintained.

[Link].6 LANDSCAPING, SCREENING OF SITE AND ACTIVITIES

[Link].6.1 Provision shall be made for the landscaping and maintenance of the grounds to the satisfaction of
the local authority.

[Link].6.2 Screening measures of such height, extent, materials, design and position as may be determined
by Council, shall be erected as and when required by Council in order to screen fencing, working,
washing and maintenance areas, storage areas and utility areas from outside view.

[Link].7 PUBLIC CONVENIENCES

Public conveniences shall be provided and maintained to the satisfaction of Council.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO “AIRPORTS”

A noise buffer shall be maintained free of any development as determined in the Airport Master
Plan.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO “INTERMODAL

FACILITIES”
[Link].1 An Intermodal Facility may make provision for both formal and informal commercial activities
incidental to the efficient operation of the facility.
[Link].2 Informal commercial activities shall be in compliance with Council’s Street Trading Bylaws.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO “TRUCK STOPS”

[Link].1 PROVISIONS AND RESTRICTIONS RELATING TO PERMISSIBLE AND CONSENT USES:

[Link].1.1 Truck Re-fuelling, Parking and Maintenance Areas:

[Link].1.1.1 The following uses must be provided at a Truck Stop Facility:

a) the dispensing of motor fuel or other petroleum products;

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USE ZONES AND/OR LAND USES

b) the temporary parking of trucks or similar commercial heavy vehicles;

c) ablution facilities, including showers and facilities for the washing and drying of clothes;
d) offices and storage areas normally associated with a Truck Stop Facility.
e) An area for the handling and storage of waste, including general household waste and
waste-products that may result from the cargo transported by trucks. The storage of waste
would be subject to relevant legislation and must consider the risks associated with the
storage of dangerous / hazardous goods, and implement safety provisions specified in terms
of relevant legislation and SABS standards specifications and codes of practice.
[Link].1.1.2 The following uses may be provided at a Truck Stop Facility:

a) the cleaning, maintenance, servicing, or minor repairs of trucks or commercial heavy

vehicles.

[Link].1.1.3 Dispensing and parking areas must consider the risks associated with the storage of dangerous /
hazardous goods, and implement safety provisions specified in terms of relevant legislation and
SABS standards specifications and codes of practice.

[Link].1.2 Ancillary Overnight, Shopping and Recreational Facilities:

[Link].1.2.1 The following ancillary uses must be provided at a Truck Stop Facility, at the sole discretion of
Council:

a) Restaurant, take away or similar facility providing food and drink;

b) Supermarket for convenience shopping;

c) Public office, limited to a clinic;

[Link].1.2.2 The following ancillary uses may be provided at a Truck Stop Facility, at the sole discretion of
Council:

a) Shop for the sale of accessories, spare parts or equipment associated with trucks and similar
commercial vehicles;
b) Launderette;
c) Internet café and telephone facilities;
d) Automatic banking teller machine;
e) Recreational building and private recreational use, such as a braai area, gymnasium, games
room, pool, sports field; etc.
f) Place of public worship, restricted to a chapel;
g) Informal trade area;
h) Overnight facilities.

[Link].1.2.3 Ancillary overnight, shopping and recreation facilities listed above shall be limited to a maximum
of 50% of the allowed coverage associated with this zoning.

[Link].1.2.4 Provision is to be made for the landscaping and maintenance of the grounds to the satisfaction of
the local authority and not less than 25% of the site shall be set aside and maintained as a garden
and recreational area, which must be kept free of parking space and driveways.

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USE ZONES AND/OR LAND USES

4.1.15 CONTROLS AND PROVISIONS APPLICABLE TO

PARKING AREAS / PARKADES

The following provisions shall, in addition to any other relevant provision of the Scheme, be
applicable to all Parking Areas and Parkades, which may be used for parking purposes only. No
building other than a parkade, ticket office, automatic teller machine and carwash facility shall be
permitted.

[Link].1 ACCESS, SURFACES AND DRAINAGE

The provisions of Clause [Link] of the Scheme shall apply.

[Link].2 WASTE MANAGEMENT

The provisions of Clause [Link] of the Scheme shall apply.

[Link].3 SECURITY, LIGHTING AND VENTILATION

[Link].3.1 Sites shall be enclosed with a screen wall or fence of not less than 2,00 metres in height.

[Link].3.2 Security measures shall be implemented to ensure the safety of staff and patrons.

[Link].3.3 Adequate lighting shall be provided and maintained on the premises for the safe movement and
control of vehicular and pedestrian traffic to the satisfaction of the Council. Such additional
lighting as the Council may deem necessary to facilitate safety, movement and control of traffic to
and from the site shall be provided at the cost of the owner.

[Link].3.4 Adequate ventilation of the premises shall be provided and maintained.

[Link].4 LANDSCAPING, SCREENING OF SITE AND ACTIVITIES

[Link].4.1 Provision shall be made for the landscaping and maintenance of the grounds to the satisfaction of
the local authority.

[Link].4.2 Screening measures of such height, extent, materials, design and position as may be determined
by Council, shall be erected as and when required by Council in order to screen fencing, working,
washing and maintenance areas, storage areas and utility areas from outside view.

[Link].5 PUBLIC CONVENIENCES

Public conveniences shall be provided and maintained by the owner/developer to the satisfaction
of Council.

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USE ZONES AND/OR LAND USES

4.1.16 CONTROLS AND PROVISIONS APPLICABLE TO

UTILITIES AND SERVICES

[Link] GENERAL PROVISIONS APPLICABLE TO ALL LAND,

INFRASTRUCTURE AND BUILDINGS APPLICABLE TO UTILITIES
AND SERVICES
The use of land may be subject to additional provisions and controls in terms of inter alia the
National Environmental Management Waste Act, Act 59 of 2008, the National Water Act (Act No.
36 of 1998), etc.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO REFUSE SITES,

RECYCLING FACILITIES AND WASTE DROP OFF / TRANSFER
STATIONS
[Link].1 A buffer of no less than 500m shall be maintained around all sites zoned as a refuse site.

[Link].2 Nothing in this Scheme shall prevent the Council from granting its consent to provide facilities for
the temporary storage of general waste at a drop-off / transfer station on an erf, or part thereof,
and within any zone provided for in this Scheme, subject thereto that:
3
[Link].2.1 The site only provides facilities for the storage only of less than 35m of garden
and domestic waste before it is transported to a recycling, treatment or waste
disposal facility waste at any time;

[Link].2.2 The Council has followed public participation procedures as prescribed in law in
order to establish such drop-off or waste transfer station;

[Link].2.3 The location of drop-off or waste transfer sites is selected with sensitivity and
careful planning to ensure accessibility and acceptance by the community, and
not to interfere with pedestrian movement, or create an eyesore, or a public
nuisance of rodents, dust, wind-blown litter and odour;

[Link].2.4 The site is adequately designed and surfaces are hardened and impermeable
and maintained in a dust free condition. Stormwater and wastewater control
measures shall be implemented to avoid polluted water and run-off from
entering the natural system;

[Link].2.5 The drop-off or waste transfer station is adequately managed to avoid wind-
blown litter;

[Link].2.6 The drop-off or waste transfer station is screened from public view, if required;
and

[Link].2.7 The drop-off or waste transfer station is licensed in terms of relevant legislation,
if necessary.

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USE ZONES AND/OR LAND USES

[Link].3 The provisions of Clauses [Link].2.3 – [Link].2.7 shall apply to waste transfer / recycling
facilities.

[Link] ADDITIONAL PROVISIONS APPLICABLE TO CEMETERIES

[Link].1 All cemeteries shall comply with Council’s Cemetery Bylaws.

[Link].2 A buffer of 20m shall be maintained around all sites zoned for cemetery purposes.

[Link].3 Public conveniences shall be provided and maintained on the site to the satisfaction of Council
and all cemeteries shall be fenced.

[Link] ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO

TELECOMMUNICATION INFRASTRUCTURE
[Link].1 The Council may consider an application for its Special Consent to erect telecommunication
infrastructure on an erf, or part thereof, and within any zone provided for in this Scheme.

[Link].2 When considering an application for consent to erect telecommunication infrastructure, the
Council shall consider the following objectives:

a) To encourage co-location as a means of preventing unnecessary proliferation and

duplication of such infrastructure;
b) To minimize the visual impact of such infrastructure on the surrounding locality; and
c) To avoid impact on lines of sight and any impact that the infrastructure may have on
the responsibilities of the Department of Civil Aviation and the National Ports
Authority.
[Link].3 Council reserves the right to insist on the decoration of telecommunication masts/antennae if
regarded necessary, as well as the possible relocation of and/or alterations to the mast by and at
the expense of the applicant if the need arises.

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5 SECTION 5: DEFINITIONS

5.1 GENERAL DEFINITIONS

In these clauses unless the context otherwise indicates any word shall, when used in this Scheme have the same
meaning as is assigned to it in the KwaZulu-Natal Planning and Development Act, otherwise it shall have the
meaning assigned to it in these definitions below:

Act Is the KwaZulu-Natal Planning and Development Act No. 6 of 2008, as amended, unless
otherwise indicated.

Air Quality Buffer – Means a buffer area, as adopted by Council in accordance with Resolution 4272 of 5
Potential Health Impact December 2006, which has been implemented to limit the health impacts of air
Zone pollution produced by industrial development in Richards Bay.

Industries considering development or expansion within the Potential Health Impact

Zone shall not be allowed to add any percentage of SO2 or PM10, or fractions thereof.
Other criteria pollutants suspected of impacting on the health and well-being of people
may also be limited at the sole discretion of Council.

Air Quality Buffer – Means a buffer area, as adopted by Council in accordance with Resolution 4272 of 5
Alert Zone December 2006, which has been implemented to limit the health impacts of air
pollution produced by industrial development in Richards Bay.

Industries considering development or expansion within the Alert Zone, which emit any
percentage of SO2 or PM10, or fractions thereof, shall make use of an air quality model
acceptable to Council, at own cost, to predict how emissions would influence the Buffer
Zones. The outcomes of the modeling would determine whether the proposed location
for industrial development is acceptable or not.

Other criteria pollutants suspected of impacting on the health and well-being of people
may also be limited at the sole discretion of Council.

Appeal Tribunal Is the Appeal Tribunal established in terms of The KwaZulu-Natal Planning and
Development Act (Act No, 6 of 2008).

Approval Means the approval of the Council as contemplated in Clause 1.9.3 of the Scheme.

Arcade Means an area forming part of a building which may or may not be covered, reserved
exclusively for pedestrian traffic, but may include fountains, benches and other similar
features and shall nowhere have a total width of less than 4 metres and an
unobstructed width of less than 2 metres.

Basement Means any storey of a building or portion thereof where either:

a) the floor level of such storey is two metres (2m) or more below the mean
finished ground level of the site on which such building or portion thereof is
erected; or
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b) the ceiling level of such storey is below a level of one metre (1m) above
finished ground level.

Building Is any structure or building or part thereof, or any addition or alteration to an existing
structure or building, either temporary or permanent in nature and either above or
below ground which is of an immovable nature and for whatever purpose used,
including any tank, reservoir, swimming pool, tower, mast, wind turbine, bridge,
chimney, summerhouse, hothouse, etc. and any wall, retaining wall or close-boarded
fence more than two metres in height at any point, but excluding any open fence, post,
steps, pier, ramp, fountain, statue, fish-pond, pergola or other garden ornamentation.

Building Line Is a line parallel to any boundary of an erf which is contiguous with a street, public right
of way or road reservation; or in the case of “hatchet shaped” Erven, a line parallel to
the boundary nearest to the street which is not a boundary of the access strip.

Bylaw Is a bylaw, or regulation made to enable the Council to give proper effect to the powers
and duties conferred or imposed upon it in terms of the Municipal Systems Act, as
amended, or any other law.

Caravan Means any vehicle permanently fitted out for use by persons for living and sleeping
purposes whether or not such vehicle is a trailer.

Common Land Means that portion of a medium density housing development or Mobile Home Park
site, which is set aside for the use, and enjoyment of all the occupants of the dwelling
units on that site and from which the general public may be excluded.

Common Open Space Means that usable portion of the common land, which is not occupied by vehicular road
carriageway, parking areas and communal facilities of a non-recreational nature, but
includes walkways, structures intended for recreational use and a children’s playing
area or areas.

Consent Means “Consent” of the Council as contemplated in Clause 1.9.5 of the Scheme.

Coverage Is the maximum proportion of an erf that may be covered by buildings, and is
expressed as a percentage of the Erf area as defined. Thus 25% coverage means that
only one quarter of the Erf may be covered by buildings. Only roofed or covered areas
are included in coverage.

(a) (b)

25%

25%

Distinction is made between the following:

“Actual Coverage”, which means the proportion of a site expressed as a percentage of

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the area of such site at or above finished ground level, covered by all buildings, on such
site and shall include:

1. walls of buildings;
2. any covered or roofed area;
3. stairs, steps, landings, galleries, passages, ramps and similar features, whether
internal or external;
4. canopies, balconies, verandahs, porches, stoeps and similar features; and
5. internal courtyards, light wells and any uncovered shaft where the area of such
feature does not exceed 10m².
Provided that minor decorative features not projected more than 1,0 metre from a wall
of a building such as eaves, cornices, pergolas, and flower boxes, water pipes, drain
pipes, private swimming pools and paved surfaces shall be excluded from actual
coverage.

And

“Permissible Coverage” means the proportion of a site expressed as a percentage of

the area of such site which shall not be exceeded by the “actual coverage” of all
buildings on such site.

Dangerous Goods Means goods that are capable of posing a significant risk to the health and safety of
people or the environment and which are listed in South African National Standard
No.10228 designated “The identification and classification of dangerous goods for
transport”, SANS 10228:2003, edition 3, published by Standards South Africa, ISBN 0-
626-14417-5, as may be amended from time to time.

Development In relation to any land, means the erection of buildings and structures, the carrying out
of construction, engineering, mining or other operations on, under of over land, and a
material change to the existing use of any building or land for non-agricultural
purposes.

Development Plan As provided for in Clause [Link].

Duplex Unit Means a dwelling unit in a building where each such unit consists of a ground floor and
one upper floor connected by an internal staircase and has direct access to a private
open area.

Dwelling Unit Means a self-contained inter-leading group of rooms for a single family including not
more than one kitchen, together with such outbuildings as are of a nature customarily
incidental thereto.

Dwelling Unit Means a single defined area of land forming part of a Medium Density Housing
Curtilage development comprising the land upon which a dwelling is erected or is intended to be
erected together with such private open areas and other areas as are reserved for the
exclusive use of the occupants of the dwelling unit.

Erection of a Building Means the construction of a new building or a structural alteration or additions to any
building.

Erf Means any piece of land registered in the deeds registry as an erf, lot, plot, stand or
farm and includes a portion of an erf, lot, plot or stand.

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Erf Area Is the area of an erf, less the area of any public right of way, road servitude, new road
or road widening to which the Erf may be subject, but shall include any registered
servitude for overhead or underground services. Erf area, in any zone, is exclusive of
access ways in “hatchet-shaped” erven.

Existing Building Means a building lawfully erected before the effective date or a building erected in
accordance with plans, which were approved by the Municipality prior to that date.

Existing Use Means, in relation to any building or land, the continuous use of such building or land
for the same purpose for which such building was designed and lawfully used on the
effective date.

Family Means a man or a woman or both, with or without their parents, the children of one or
the other or both of them, or a partner, living together as one household.

Floor Area The floor area of a building shall be taken as the sum of the roofed areas of the building
at each floor level, measured over and including wall thickness and enclosed balconies,
verandas and stoeps, but shall exclude:

a) Staircases and public access galleries, public toilets, lift shafts and lift motor
rooms, water storage tanks, fire escapes, refuse storage areas, areas used for
electricity transformer rooms, substations and meter rooms, and areas for the
accommodation of mechanical ventilation, air-conditioning and effluent
treatment plants;
b) Any area used exclusively for the loading and unloading of motor vehicles;
c) Covered parking spaces or garages other than such areas within a service
station, parking erf / parkade and automotive showroom;
d) Any area within a basement used exclusively for storage purposes;
e) Any area to which the general public has access and which, in the opinion of
Council, comprises bona fide pedestrian shopping arcades, malls or part
thereof, provided that such area is not itself used for any business or
commercial purpose whatsoever; and
f) Features of a purely decorative nature such as ledges, spires, turrets and
belfries.

Floor Area Ratio Means the ratio that is obtained by dividing the floor area of a building or buildings
erected, or to be erected, on a site by the registered surveyed area of such site, that is:

F.A.R. = total floor area of buildings

Total area of site

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Frontage Is the length of the boundary of an erf, which is coincident with the boundary of an
existing or proposed street.

Frontage {
{ Frontage

Centre Line of
the Street

Greenhouse As provided for under “Agricultural Land” means a structure with the sides primarily
made of a transparent material such as glass, 207rganiz or plastic, used for the
purpose of rearing delicate plants or hastening growth of plants under controlled
environmental conditions.

Gross Leasable Area Means the sum of the usable floor areas of floor space in a building that has been
designed, or is suitable for occupation, by a renter, including kitchens and
conveniences, and shall include wall thickness, but shall exclude communal areas such
as corridors, lift shafts, staircases, public toilets and basements used exclusively
parking purposes.

Ground Floor Means the storey of a building or portion of a building on or nearest the mean
finished ground level immediately surrounding the building, provided it is not a
basement.

Habitable Room Means any room designed for human occupation, but excludes bathrooms, toilets,
water closets, staircases, passageways, domestic garages, lifts, photographic dark
rooms, kitchens, sculleries, domestic laundries or cold rooms.

Height Means the height of a building in storeys and is expressed as a number, provided that
where the ground floor of a building is on more than one level, such building shall be
regarded as formed of portions in relation to each respective level and the height of
such a building shall be calculated separately in respect of each portion as if such
portion were a separate building.

Home Owners Means a company registered in terms of Section 21 of the Companies Act, No. 71 of
Association 2008, as amended, membership of which shall be exclusive to and compulsory for the
freehold or registered leasehold owners of dwelling unit curtilages in a medium
density housing development.

IDZ / Industrial Means a purpose built industrial estate that leverages domestic and foreign fixed
Development Zone direct investment in value-added and export-oriented manufacturing industries and
services

Maisonette Means a two-storey building consisting of 2 dwelling units placed one above the other
with separate entrances.

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Mall Means an area of land open to the air and reserved exclusively for pedestrian traffic
but may include fountains, benches and other similar features as well as kiosks for,
inter alia, the sale of refreshments.

Mixed Use Means a development with:

Development
- a mix of revenue producing areas (such as retail, office, residential,
hotel/motel and recreation) which are all well-planned and mutually
supporting;
- significant functional and physical integration of project components
(and thus a highly intensive use of land), including uninterrupted
pedestrian and/or open space connections, and
- development in conformance with a coherent plan, which frequently
stipulates the type and scale of uses, permitted densities and related
items.
Motor Vehicle As defined in the National Road Traffic Act, 1996, means any self-propelled vehicle
and includes-

(a) a trailer; and

(b) a vehicle having pedals and an engine or an electric motor as an integral part
thereof or attached thereto and which is designed or adapted to be
propelled by means of such pedals, engine or motor, or both such pedals and
engine or motor, but does not include-
(i) any vehicle propelled by electrical power derived from storage
batteries and which is controlled by a pedestrian; or
(ii) any vehicle with a mass not exceeding 230 kilograms and specially
designed and constructed, and not merely adapted, for the use of
any person suffering from some physical defect or disability and
used solely by such person

Municipal Appeal Means the Municipal Appeal Tribunal established in terms of Section 62 of the
Tribunal Municipal Systems Act, 2000.

Non-conforming Use In relation to any building, land or other premises means the continued use of an
existing use pertaining to such building, land or other premises for a purpose or in any
manner whatsoever which is not in conformity with or constitutes a breach of any of
the provisions of the Scheme, but is otherwise lawful.

Occupant Means any person occupying a building or land irrespective of whether such
occupation is legal or not.

Outbuilding Means a building ordinarily used in conjunction with a dwelling unit(s), and used for
the garaging of private motor vehicles, storeroom, servant’s rooms, servant’s toilet,
workroom and other such similar uses.

Permission Means permission of the Council as contemplated in Clause 1.9.2 of the Scheme.

Private Open Area Means a usable area, exclusive of utility areas, driveways and parking areas, which is
open to the sky and which is adjacent to and has direct access from a dwelling unit on
a medium density housing residential development, such private open area being
reserved for the exclusive use of the occupants of the associated dwelling unit, but

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may include covered open areas (patios) and verandas.

Rear Boundary Shall mean that boundary of an erf which is furthest from any street boundary, and
which does not meet any street boundary.

Front Space 1.5 m

Side Space 1.5 m Side Space 1.5 m

Front Space 1.5 m

Rear Space
1.5 m

Boundary

Scheme Town Planning Scheme and similar expressions shall mean the Umhlathuze Scheme
and shall include any lawful:

a) amendment thereto or variation or modification thereof;

b) prohibition, restriction and condition imposed in terms thereof;
c) permission, approval, consent or other authority granted in terms thereof;
d) schedule, annexure or other document included therein; and
e) any map, plan, diagram, drawing or similar document included therein.

Semi-detached House Means a building other than a dwelling house comprising two (2) dwelling units
contained in one building, both on the ground floor and each provided with a
separate entrance.

Side Boundary Is any boundary of an erf which meets a street boundary and any other boundary and
which is neither a street boundary nor a rear boundary.

Simplex Unit Means a dwelling unit in a single storey building where each such unit has direct
access to a private open area.

Site Development Plan As provided for in Clause [Link].

Storey Is a room or set of rooms at any level, including any room the floor of which is split
into two or more levels, and shall have the following implications:

a) The basement of a building, not used for residential purposes, but used
solely for the purpose of parking vehicles, service installations, such as
transformer and meter rooms, or storage shall not count as a storey
provided such an area or areas constitutes a Basement;
b) If the ground floor of a building is elevated above the mean finished
ground level immediately surrounding the building by a structure other
than a basement such structure shall count as a storey(s);
c) A pitched roof containing a habitable room and any other type or style of

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roof which contains or supports any rooms, structures or features over and
above those mentioned in paragraph I below and which the Council
considers to be habitable shall count as a storey;
d) A storey shall not be higher than 4,5 metres. If a storey is higher than this,
each 4,5 metres or part thereof shall count as a storey. Provided however
that in a multi-storey residential building each storey shall not be higher
than 3 metres and if a storey is higher than this each 3 metres or part
thereof shall count as a storey;
e) With the exception of lift rooms, stairwells and pitched roofs, any
structures, telecommunications masts or architectural features situated on
the roof of a building and greater than 1,2 metres in height shall constitute
a storey and may be permitted with the Municipality.

Street Means any street, road, lane, avenue, way, footpath, bridge, subway or other right-of-
way and includes appurtenances thereto.

Street Boundary Means a boundary of an erf, which is coincident with the boundary of an existing or
proposed street.

Terrace House Means a residential building comprising 3 or more dwelling units, each having a
separate entrance on the ground floor with direct access to a private open area or
areas.

Zone Is that portion of the area shown on the Scheme Map, by distinctive colouring or
edging or in some other distinctive manner, for the purpose of indicating the
restrictions imposed by this Scheme on the erection and use of buildings or
structures, or the use of land.

5.2 LAND USE AND BUILDING DEFINITIONS

Unless the context of this Scheme clearly indicates to the contrary, the following building types and land use types
have the meaning and interpretation given below:

Abattoir As provided for under “Industry – High Impact” means a place where game,
livestock, poultry and similar animals are slaughtered on a large scale and
prepared for distribution. It excludes the occasional slaughter of animals for
traditional and cultural purposes.

Additional Dwelling Unit: Additional Dwelling Unit means a self-contained unit for residential habitation of
limited size, which does not form part of medium density housing or chalets. It
may be attached or detached to a dwelling house, but must be clearly associated
with a dwelling house erected on an erf, and may include such outbuildings,
garages and stoep areas as are customary used and incidental thereto, with the
understanding that only one additional dwelling unit will be permitted on any one
Erf.

Agricultural Building Means a building used in connection with, or which would ordinarily be incidental
to or reasonably necessary for agricultural activity on agricultural land, and may

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include a dwelling house and private recreational use.

Agricultural Industry Means land or buildings used for:

a) the large scale intensive rearing of poultry, gamebirds, livestock or similar

animals and allied products, such as broiler farms, battery farms and other
concentrated animal feeding operations;
b) aquaculture and mariculture activities;
c) the large-scale servicing or repairing of plant or equipment used in
agriculture;
d) the handling, treatment, processing, or packing of agricultural products,
which could include a sawmill, a packing plant and similar activities; and
e) Wind turbines.
But excludes uses that could be classified under “Industry – High Impact”, and
specifically the processing of animal matter.

Agricultural Land Means arable, meadow or pasture land, plantations, market gardens, poultry farm,
nursery garden, and may include greenhouses or hydroponics, horticulture,
permaculture, orchards and land used for the purpose of breeding or keeping of
domestic animals and/or livestock and the grooming of such animals, poultry or
bees and includes saleyards and any buildings connected therewith, provided that
buildings connected with the housing of cats and/or dogs shall be deemed to be a
Special Use. It excludes uses that could be classified/defined under “Agricultural
Industry” and “Industry – High Impact”.

Aquaculture As provided for under “Agricultural Industry” means the breeding of fauna and/or
flora in a freshwater environment for commercial sale.

Arts & Crafts Workshop: Means a building wherein the primary purpose is the production and selling of
goods, primarily aimed at the tourism market. This includes such uses as inter alia
graphic arts and studios, textile design, weaving, pottery, furniture making,
leatherwork, fashion design, stained glass or glass making, printing and similar
activities. The process carried on and the machinery installed shall be such that
they will not cause nuisance to other properties or be detrimental to the amenities
of the other zones.

Automotive Showroom / Means a building or site used primarily for the exhibition or display of substantially
Vehicle Dealership roadworthy motor or leisure vehicles and/or seaworthy marine craft for purposes
of sale, hiring out or lease.

Associated office accommodation and an ancillary spare parts shop and service
workshop area may also be accommodated, subject to conditions as set out in the
scheme.

Bed and Breakfast / Guest As provided for under “Home Business” and subject to Council’s formal authority
House means a resident owner managed commercial accommodation establishment for
less than fourteen (14) lodgers in not more than seven (7) lettable rooms, and
which is primarily aimed at the tourist and/or business market, operated from a
private single Dwelling House, where the facilities and services offered are for the
exclusive use and benefit of transient overnight guests. It may include land used for
sport and/or recreation facilities associated with, but secondary to the residential
use of land and used exclusively by the residents and guests of the facility.

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Boarding House As provided for under “Residential Building” shall mean an accommodation
establishment that offers long term accommodation and which:

a) Is not licensed to sell liquor;

b) Offers accommodation to more than twelve lodgers at any one time.
Camping and Caravan Park Means land where temporary accommodation is provided for people with caravans
and/or tents, and which has ablution, laundry and washing-up facilities and may
include a convenience shop; provided that for the purpose of this definition a
“caravan” shall mean any vehicle or similar transferable or movable structure with
no foundation other than wheels or jacks and which is designed, constructed or
used for dwelling or sleeping purposes and, without limitation of the definition,
may also include a mobile home or trailer.

It may include buildings or structures used for private recreational use, such as a
swimming pool, gymnasium, tennis courts, etc.

Caretaker Accommodation A dwelling on the same site as a building, operation, or plant, and occupied by a
supervisor of that building, operation, or plant. The size of such dwelling may be
restricted by Council.

Carwash Facility Means a building, structure or land used for the washing and cleaning of vehicles,
and may include a valet service. It normally form part of a petrol filling station, but
may also be established as a stand-alone facility if provided for by the Scheme.

Casino As defined under the National Gambling Act, Act 7 of 2004, and the KwaZulu-Natal
Gabling Act, Act 10 of 1996, means premises where gambling games are played, or
are available to be played, under the authority of a casino licence, but does not
include premises in which—

a) only bingo and no other gambling game is played or available to be played;

b) only limited pay-out machines are available to be played;

c) limited pay-out machines are available to be played and bingo, but no other
gambling game is played or available to be played; or

d) only social gambling is conducted in terms of a temporary license or

provincial law.

Cemetery Purposes Means land or buildings which is permanently set aside for the purpose of burying
or cremating human or animal remains, and may include an office for
administrative uses associated therewith, a funeral chapel/s, gardens, roads,
parking, sheds for maintenance purposes and the like. A shop may be permitted by
Formal Authority, but is to be restricted to the sale of items directly related to
funerals and burials purposes such as flowers, grave stones and coffins.

Chalet Development Means a grouping of a number of chalets on a property; a chalet meaning a

dwelling unit used as a holiday dwelling with a floor area not exceeding 55 m² and
not less than 35 m², consisting of not more than 3 living rooms with or without
sanitary convenience, bathroom, shower and kitchen, together with approved
outbuildings or ancillary buildings to be used in conjunction with a chalet or series
of chalets, but shall not include a dwelling house, residential building or medium
density housing. A series of chalets shall denote any grouping of a number of

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chalets.

It may include buildings or structures used for private recreational use, such as a
swimming pool, gymnasium, tennis courts, etc.

Clinic As provided for under “Public Office”, “Institution”, “Shop” or where otherwise
specifically provided for in terms of the Scheme, means a facility providing medical
services to pregnant, sick or injured outpatients or employees.

Coffee Shop / Tea Garden Means a building used to prepare and sell light meals, confectionary and non-
alcoholic beverages for consumption on the premises. It may also be included
under the definition of “Shop”.

Commercial Workshop Means light and service industrial activities which cater for the local customer or
provides a service direct to the retail customer and which is directly associated
with a shop or an office building in respect of which the public, as customer, has
access, such as a watch repairer, shoe repairer, valet service or dry cleaning shop,
radio or television repairer, etc. but excludes a Public Garage.

Community Garden It land used for the production of fruit and vegetables in an urban environment
using resources available in that urban area for the benefit largely of residents
from that area. It expressly excludes the large-scale sale of produce/crops from the
site so as to cause a nuisance to the surrounding landowners. It may include a
small-scale plant nursery.

Conference Facility Means a building, or part of a building, used for conferences, seminars and
meetings ancillary to the primary use of the site, and may include offices for the
administration of such facility.

Convalescent Home / As provided for under “Institution” means a building used to care for patients to
Step Down Facility ensure their gradual return to health and strength after an illness or operation.

Convention Centre Means a facility used primarily for conferences, meetings, seminars, gatherings,
indoor recreation, exhibitions, related restaurant or catering facilities, other similar
uses for the dissemination of information and educational purposes, and such
other uses considered by the Council to be ancillary or reasonably necessary for
the use of the building as a Convention Centre.

Conservation Purposes Means environmentally sensitive land, coastal areas and/or water bodies, or land
earmarked for environmental rehabilitation which includes independent or linked
open space areas and permits only limited and specific developments that are
normally associated with, but secondary to, the conservation of land, such as
parking areas, walking trails, bird watching structures, educational buildings,
restaurant / tuck shop and other facilities for the convenience of visitors.
Development would most likely be subject to an environmental approval process in
line with relevant legislation.

Crèche As provided for under “Home Business“ means a building or portion of a building
for the care of between seven (7) and thirty (30) infants and/or young children
during the daytime absence of their parents or guardians, and may include a
nursery school.

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Day Care Facility Means a dwelling house or dwelling unit or part thereof used for the daytime care
and education of not more than six (6) infants and/or young children during the
daytime absence of their parents or guardians.

It may also include the care of not more than four (4) adults, either elderly or sick,
provided that such facility:

- is not used for the treatment of infections or contagious diseases;

- may not in any way cause a danger to public health and safety; and

- is able to comply with the relevant Environmental Health Bylaws,

especially with regards to the management of medical waste.

Direct Access Service Station Means a building and land directly accessible from major routes such as national or
provincial roads, used primarily for the retail sale of petrol or petroleum derivatives
capable of use in internal combustion engines and which also could include
associated facilities to ensure the comfort and rest of motorist during road trips,
such as:

a) A car wash facility;

b) Art and Craft shops;
c) A restaurant/s;
d) A Convenience Shop;
e) Children’s play area / rest area;
f) Ablution facilities,
g) Offices;
h) Launderette; and
i) Overnight facilities.

Educational Building Means land and buildings used for instruction purposes such as a university,
school, college, technical institute, crèche, nursery school, monastery, convent or
similar uses and may include a research laboratory, art gallery, museum, academy,
lecture, music or assembly hall or a library within the same site and incidental to
such uses. It may further include ancillary uses normally associated with the
primary use as an educational building, such as accommodation for students and
2
staff, a canteen/restaurant, tuck shop (limited to 20m ) and sport / recreation
facilities, but expressly excludes a Restricted Building.

Farm Stall Means a building or structure, which does not exceed 150m² in floor area, used for
the retailing of fresh farm produce produced on site, including homemade items. It
may also include the sale of convenience goods.

Farm Worker Accommodation As provided for under “Agricultural Building” means accommodation provided for
farm workers working for the land user.

Flea Market An occasional or periodic market held in an open area or structure where groups of
individual sellers offer goods for sale to the public.

Funeral Parlour Means a building or land used for the purpose of funeral management and/or for
the reception, storage and preparation of human corpses prior to burial or
cremation and may include:

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a) A shop intended primarily for public reception and for the sale and display
of those commodities required for cemetery purposes, funerals and
services ordinarily ancillary to funeral management;

b) A funeral chapel; and

c) A workshop for the manufacture of coffins and funeral furniture; but

expressly excludes a monumental mason and/or crematorium.

Gambling Premises Means a building or structure other than a “Casino” and “Racecourse” as defined in
this Scheme, that are named or described in a license issued in terms of the
National Gambling Act, No. 7 of 2004, or applicable provincial law, and where
gambling activities are conducted. It may include:

a) Limited pay-out machines;

b) Bookmaker Agencies;
c) Totalisator Agencies;
d) Tattersalls;
e) Bingo Hall;
f) Gaming Hall; etc.

The standards for gambling premises must be maintained, as described in Section

17 of the National Gambling Act, No. 7 of 2004.

General Showroom Means a building used for the display, sale and bulk storage of goods, usually of a
bulky nature, which includes: bathroom accessories, furniture, household electrical
appliances, kitchen components, sanitary ware and tiles, and similar types of uses
that are primarily delivered off site following purchase, but does not include a type
of building and land use specifically defined elsewhere under Section 5.

Guest House As defined under “Bed and Breakfast”.

Harbour Infrastructure Means a building/structure normally associated with the operation of a port /
215rgani / small craft 215rgani such as docks, maintenance yards, re-fueling
facilities and railway facilities, conveyors, a lighthouse, breakwaters, etc.

Harbour Management Means buildings, land and structures necessary for the management and operation
of a port / 215rgani such as offices, control towers, custom control areas,
maintenance yards/docks/workshops, truck or rail staging areas and similar uses,
and may include facilities for the comfort and recreation of port employees and
contractors such as a canteen, convenience shop, standby accommodation,
recreational facilities and other similar uses.

Hobby Workshop As provided for in a Retirement Village Development means a building/structure or

group of buildings provided for the residents of a retirement village for the purpose
of practicing a bona fide hobby / a small scale venture which does not constitute a
nuisance in the general sense of the word or in any other way have a detrimental
effect on the character of a residential area, the development or the environment.
It is further subject to any other applicable provisions in this Scheme or any of
Council’s other bylaws.

Home Activity Means the conduct of an occupational activity in conjunction with a Dwelling Unit
or an approved structure erected on the Site of an existing Dwelling Unit, subject to
certain conditions. In particular, such activity shall be conducted by the owner of
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the site, shall not require the employment of additional staff which is necessary to
conduct the home activity, shall not cause the regular parking of more than three
vehicles on site and shall not have a negative impact on the residential character of
the area.

Home Business Means the conduct of an occupational activity in, or in conjunction with, a Dwelling
Unit or an approved structure erected on the Site of an existing Dwelling Unit
which may be used for a home business, subject to certain conditions. In particular,
such business may cause the employment of additional staff which is necessary to
conduct the business, but shall not have a negative impact on the residential
character of the area.

Homestead Means land, buildings and structures used for the accommodation of an extended
traditional family, who has been allocated the land by means of customary law to a
traditional community recognized in terms of section 2(5)(b) of the KwaZulu-Natal
Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005), and may
include areas for the cultivation of trees and crops, a kraal for livestock and an
enclosure for poultry.

Hospital As defined under “Institution”.

Hotel Means a facility offering transient lodging accommodation to the general public
and providing additional services accessible by guests and the general public, such
as restaurants, meeting rooms / conference facilities, entertainment, recreational
facilities, health and beauty facilities, and limited shopping.

Hydroponics As provided for under “Agricultural Land” means the cultivation of plants by placing
the roots in liquid nutrient solutions rather than in soil.

Impoundment Area Means land and or buildings used to confine seized items such as stray animals,
motor vehicles and the like.

Industry – Bulk Storage means the open-air and/or warehoused stockpiling, storage, handling, processing
and distribution of products and/or commodities in bulk for import or export
within the area of jurisdiction of the Port Authority or with an area zoned Harbour-
Bound Industrial, but which shall exclude “Industry – High Impact” as defined in the
Scheme.

Industry – Extractive Means any activity, premises, building and/or land upon which the process of
extracting, mining, winning or quarrying of raw materials from the ground is
undertaken, including gravel, sand and stone and includes buildings and crushing
plant used in connection with such process, but excludes the processing of such
minerals by means of smelting, etc., which would be classified under “Industry-
High Impact” and crushing of products which are not mined on site.

Industry – General Means any activity, undertaking, premises, building and/or land falling within the
scope of the interpretation of a “factory” as defined in this scheme. It shall exclude
any activity, undertaking, premises and/or land which may be classed as an
“Agricultural Industry”, “Industry – Bulk Storage” “Industry – Extractive”, “Industry-
High Impact” and/or “Industry-Salvage”.

“Factory” means:

1. Any premises on or within which any person performs work in connection

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with any business, undertaking or institution, whether an employer or

employee, pupil or inmate of an institution or otherwise, in any one or
more of the following activities:

a) The manufacturing of any article or part thereof;

b) The altering, repairing, renovating, ornamenting, painting, spraying,
sand blasting, coating, polishing, finishing, cleaning, washing or
breaking up of any article;
c) The adaption for sale or use of any article;
d) The sorting, assembling or packing (including washing or filling bottles
or other containers) of any articles;
e) Printing or letterpress, lithography, photogravure or other similar
process, including any activity associated with the printing industry;
f) The bulk freezing, chilling or storage in cold storage of any article;
g) The generation of electricity where the electricity output is 10
megawatts or more or the facility covers an area in excess of 1
hectare;
h) Any process of testing or analysis;
i) The storage / parking, hiring/lease or sale of large plant and
equipment but not excluding the storage of general household or
residential goods.
2. Any premises on which bookkeeping, typewriting or any other clerical
work, or amenities for people engaged in the operation or incidental to the
industrial activity referred to in paragraph 1. Is performed.

3. Notwithstanding the provisions of 1-2 above, “factory” shall not include

any premises which would fall under the definition of “Industry-High
Impact”.

Industry – High Impact means any industry, activity or undertaking, or any buildings or land used for any
purpose, which:

a) is, in terms of the Occupational Health and Safety Act No.85 of 1993,
as amended, a “hazard” or “a danger or potential danger to public
health”; and/or classified as a “major hazard installation”; and/or
b) is used in connection with the carrying on of a “listed activity” as
defined in the National Environmental Management : Air Quality Act
No.39 of 2004 as amended, and requires an atmospheric emissions
license issued in terms of the Act; and/or
c) falls within the scope of the definition of “Explosive Manufacturing
Site” under the Explosives Act 2003, No. 15 of 2003, as amended,
whether such activity or undertaking or use of any building or land
falls within the scope of the definition of Industry or not; and/or
d) could be classified as a “high impact trade/industry” which is deemed
to be offensive or harmful or injurious to public health, safety or
physical well-being.
Should doubt exist whether an industry should be classified under “Industry-High
Impact” or any other industry as defined in this Scheme, a precautionary approach
shall be followed, i.e. such industry shall be considered as Industry-High Impact
until it can be proven that the industry could be classified otherwise. In these
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cases, the Deputy Municipal Manager responsible for Environmental Health

matters, the Deputy Municipal Manager responsible for Planning matters and the
Municipal Manager shall certify, based on acceptable and credible information,
that the process which is to be employed will be such that any nuisance or harm or
danger to public health, safety or physical well-being will be eliminated. Hence, the
activity, undertaking or use of a building or land, as the case may be, may be
included within an alternative industrial definition.

“High impact trade/industry” means the use of any building, land or other premises
to conduct an activity/ies that is/are deemed to be offensive or harmful or
injurious to public health, safety or physical well-being , such as:

(i) Combustion installations;

(ii) Chemical, paint or dye works;
(iii) Manure, superphosphate or fertilizer works or stores;
(iv) Processing of animal matter, including fell monger, tanning and leather-
dressing works, works or premises used for the storage, drying,
preserving or otherwise dealing with bones, horns, hoofs or hides,
knackers’ yards, abattoirs, fat-melting or tallow-melting works and any
similar works or establishment dealing with meat, fish, bones, blood,
offal, horns, hoofs or other animal organic matter, fish canning works,
bacon factories, sausage factories and similar works, gut-scraping works,
tripe-cleaning or tripe-boiling works, etc.
(v) Glue or sizing factories;
(vi) Soap and candle works;
(vii) Wood chipping, wattle-bark grinding or extracting works, including by-
products recovery;
(viii) Paper and pulp manufacturing, mills or factories;
(ix) Sugar Mills and Sugar Refineries;
(x) Metallurgical works such as smelters, etc.;
(xi) Mineral processing, bulk storage and handling, including (but not limited
to) coal, cement production, clamp kilns for brick production, lime
production, glass and ceramic production, tar or bitumen
production/mixture, etc.;
(xii) Breweries, distilleries and yeast manufacturing plants;
(xiii) Destructors or other works for the treatment of household refuse,
hazardous or trade refuse, street refuse, sewage or “night-soil”; and
(xiv) Petroleum industries, including the production and bulk storage of
gaseous and liquid fuels, as well as petrochemicals from crude oil, coal,
gas or biomass and other trade in connection with the processing of by-
products or petroleum refining, but excluding a service station, truck stop
or garage.
Industry – Light Means an industry in which the processes carried on or the machinery installed are of
such nature that it could be carried out or operated without any detriment to amenity,
engineering services or to health by reason of, inter alia:

a) noise, vibration or glare;

b) odour, gas, fumes or smoke;
c) soot, ash, dust, grit or other particulate matter;
d) radiation, fire or explosion hazards;
e) electronic or electromagnetic interference;
f) heat or humidity;

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g) the discharge of any other vapour, gas, effluvium, liquids and solid matter;
and/or
h) causing undue load on any existing or proposed engineering services such as
energy/water intensive uses.

Examples of “Light Industries” include panel beaters, enclosed spray painting booths with
filtration systems, etc.

Industry – Salvage Means the use of a building or buildings or the use of land for one or more of the
following purposes:

a) the storage, depositing or collection of scrap or waste material or articles whose

value lies mainly or entirely in that of the material of which they are composed;
and/or
b) the dismantling of second-hand vehicles or machines for the purpose of
recovering spare parts or material there from; and/or
c) the storage or sale of second- hand pipes, poles, steel or other metal sections,
wire, timber, bricks, other building material, tyres, vehicle parts, containers or
other articles capable of being left in the open without serious detriment
thereto and which is not deemed to be offensive or dangerous or injurious to
the public health.
d) Vehicle Impoundment.

Industry - Service Means an enterprise which is:

a) Primarily involved in the rendering of a service for the local community such as
the repair of household appliances or the supply of household services; and
b) Not likely to be a source of disturbance to surrounding properties;
c) Not liable, in the event of fire, to cause excessive combustion, give rise to
poisonous fumes or cause explosions; and
d) Includes a builder’s yard and allied trades, laundry, bakery, dairy depot,
distribution centres, storage purposes (excluding Bulk Storage as defined in the
Scheme), laboratories, grooming parlour, transport and cartage activities and a
workshop or other area used for the repair, restoration, lubrication and/or
service of motor or leisure vehicles and/or parts thereof and/or electrical and/or
mechanical equipment and may include facilities such as service bays, grease
pits and wash bays, but shall not include facilities for panel beating or spray
painting.
Informal Trade Area Means an area within which any small scale economic activity is permitted, provided that
each operator occupies a defined space. Provided further that, notwithstanding anything
stated to the contrary in these clauses, no specific provision shall apply to such area,
unless considered necessary and so specified by Council.

Institution Means the use of land and buildings for the purpose of:

a) a hospital, nursing home/ frail care facility for the elderly, sanatorium, clinic,
convalescent home, step down facility or one or more such uses;
b) an orphanage; or
c) other public, private or welfare institutions and may include such buildings,
within the same site, as are ordinarily and reasonable ancillary or necessary to
the conduct of such institution, such as buildings for administrative purposes
and for the residential accommodation of essential staff members; but
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expressly excludes buildings or activities falling within the scope of the

definition of “Restricted Building”.

It may include land uses such as a tuck shop, coffee shop and/or sport and recreation
facilities associated with, but secondary to, the primary use of land and used exclusively
by the residents of or visitors to the facility.

Launderette Means a building used for the purpose of washing and drying domestic clothing and
household linen, where the machines used are electronically operated and quiet, and of
the type of which processes each customer’s articles individually, and which may be
operated by the customer for a fee or be dropped off and picked up. The washing media
used shall be of a type that shall not cause harmful effluent to be discharged into the
sewerage system. A launderette is differentiated from a laundry in that the customer
cannot operate the machines used in a laundry.

Laundry As defined under “Shop-General”.

Lodge Means a building or group of buildings under single management containing both rooms
and/or dwelling units available for temporary rental to transient individuals and may
include services such as conference and recreational facilities, shop and Laundromat for
the exclusive use of residents only and shall exclude a Place of Amusement.

Mariculture As provided for under “Agricultural Industry” means the breeding of fish, shellfish and
plants in sea water for commercial sale.

Marina Infrastructure Means a building and/or structure – whether fixed or floating – used for and relating to
the activities and daily operation of a marina/small craft harbour including, amongst
others, boat launching facilities, craft and yacht mooring and refueling facilities, floating
quays, boat sheds and maintenance yard, buoys and jetties.

Mobile Home Park Means a site laid out and provided to the satisfaction of the Council with adequate roads,
essential services, open spaces and communal facilities, intended for the accommodation
of factory assembled self-contained dwelling units, each unit of which can be transported
from the factory to the destination and which, when placed in position, whether on land
or in water, is ready for occupation once the essential services have been connected.

Motor Vehicle Fitment Means a building or land used for the sale and fitting of exhausts, tow bars, radios,
Centre shock absorbers, tyres and other parts of automotive vehicles, but excludes the
mechanical repair of the automotive vehicles

Municipal Purposes Means and includes the use of land and the erection and use of buildings by or on behalf
of the Council for the purpose of carrying out one or more municipal functions which may
include the supply of essential protective, health, community, administrative,
engineering, support or other similar services and the provision of housing, recreational
or other similar facilities, but excluding uses provided for under specific zones such as
cemeteries, refuse sites, sewerage treatment plants and water works.

Night Club / Bar / Tavern Means premises, more frequently than not open after 12am at night, that:

a) provides entertainment (singing / dancing);

b) is licensed to sell on-site consumption of liquor; and

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c) may provide eating facilities.

Office - General Means a building or a part of a building used for administration, clerical, technical,
professional or similar business activities.

Office – Professional An office used for conducting the profession or occupation of:

a) an accountant, architect, consulting engineer, land surveyor, legal practitioner,

quantity surveyor, town planner, bookkeeper, financial advisor, draughtsman or
any other profession or occupation;
b) Medical chambers, including the consulting rooms, surgery and dispensary of
medical and dental practitioners and purposes ancillary thereto; paramedical
chambers and consulting rooms and purposes ancillary thereto;
c) a day-clinic or day-hospital in which patients may be treated on a day to day
basis, but excluding a hospital, nursing home, sanatorium or similar institution to
which patients are admitted for a continuous period in excess of fifteen hours
and purposes ancillary thereto; and/or
d) Prosthetic workshops for the manufacture and/or fitting of prosthetic devices
such as spectacles and similar optometric devices, false teeth and similar
orthodontic devices, hearing aids, artificial limbs and similar devices and
purposes ancillary to such prosthetic workshops.
Professional offices are, in the opinion of Council, not likely to interfere with the
amenities of the surrounding area.

Parking Erf / Parkade Means land or buildings used exclusively for the parking of motor vehicles, other than
parking normally required in terms of the Scheme, at a fee or not, and may include an
area for the administration of the parking use, carwash facility and ablution facilities and
kiosks to accommodate uses such as flower, refreshments and newspaper sellers but
shall not include “Industry-Salvage”, “Public Garage” or “Automotive Showroom”.

Place of Amusement Means a building or land, or portion thereof, used for purposes of entertainment and
includes a theatre, opera house, cinema, music hall, concert hall, dance hall, amusement
arcade/park, skating rink, oceanarium, billiard saloon, and/or but shall not include a
horse racing track, motor racing circuit, sports arena / field; provided that a
restaurant/refreshment kiosk may be permitted, at the sole discretion of Council, as an
ancillary facility integral to the business defined as a place of amusement, and further
subject thereto that such restaurant/refreshment kiosk shall cease to exist in the event
that the place of amusement ceases to operate. A “Place of Amusement” expressly
excludes a nightclub.

Place of Assembly Means a building or buildings and associated use of land used for organised social
meetings, gatherings, conferences, exhibitions and recreation and includes a non-
residential club (including a refreshment kiosk/bar/restaurant for the exclusive use by
members of the club, subject thereto that such bar/restaurant/refreshment kiosk shall
cease to exist in the event that the place of assembly ceases to operate), but does not
include a Place of Amusement and/or Place of Worship.

Place of Worship Means a building or buildings and associated use of land used for religious purposes such
as a church, chapel, oratory, synagogue, mosque, temple and/or other place of public
devotion and may include, where such other building is within the same site and
incidental to any of the first mentioned buildings, a place of religious education,
administrative offices and/or other building/s used for purposes of religious and social
2
interaction or recreation, including a coffee shop and tuck shop (limited to 20m ), but
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shall not include a Funeral Parlour.

Private Street Means any street which is not a public street and which is normally not owned or
maintained by the Municipality.

Private Recreational Use Means sport and/or recreation facilities where access area may be reserved, such as a
privately owned Golf Course, sports fields and clubs and associated sporting structures. It
may include parking areas, club house, restaurant or shop facilities ancillary to such sport
and/or recreational use.

Public Garage Means a building, used for the fuelling or storage of motor vehicles by way of trade or for
purposes of gain and may include Automotive Showrooms, workshops, and facilities for
the sale of fuels, lubricants, automotive parts, spares, accessories, and associated office
accommodation. A convenience shop and car wash facilities could be allowed subject to
the conditions as set out in the Scheme.

Public Office Means a building used for purposes of Local, District, Provincial and/or National
Government offices and includes a Town Hall, Court House, Police Station, Post Office,
Public Library, Clinic and buildings ordinarily incidental thereto, but excluding an
impoundment area.

Public Street Means any street which:

a) has been established by a local authority or other competent authority as a
public street;
b) has been taken over by or vested in a local authority as a public street in terms
of any law;
c) the public has acquired the right to use; or
d) which is shown on a general plan or diagram of any private township situate in
the area of a local authority filed in the Deeds Registry or the Surveyor-
General’s Office and to which the owners of erven or lots in such township have
a common right of use.

Public Recreational Use Means the use of Municipal-owned open space for enjoyment by the public, and may
include playgrounds, botanical and zoological gardens, sport and recreational facilities
and similar uses, and may include parking areas necessary for such use/s and a restaurant
or shop ancillary to such sport and recreational uses.

Racecourse Means the use of land and buildings for the racing of:

a) motor powered vehicles including motorcars or carts, trucks, motorcycles, etc.;

and

b) animals.

Railway Infrastructure Means land used for the transport of goods and passengers via rail and may include
railway routes, facilities to park, maintain and maneuver railway vehicles and shunting /
marshaling yards, but excluding a Railway Terminal.

Recreational Building Means a clubhouse, gymnasium, squash court, pavilion, change room, stadium and any
similar facility used in conjunction with a sport or recreational activity. A clubhouse may
include dining facilities and lounges.

It may include an open space or reserve which the public has a right to use and enjoy, and
includes any ancillary facilities but excludes a commercial gymnasium, which is defined
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SECTION 5 : LAND USE DEFINITIONS

under “Shop”.

Residential Building Means a building other than a Dwelling House, Medium Density Housing, Chalets or a
Hotel, used for human habitation together with such outbuildings, accessories and
accommodation for bona fide domestic servants and other covered areas as are, in the
opinion of the Council customary used therewith, and includes apartments, a block of
flats, boarding house residential club or residential hostel. It may include land used for
sport and/or recreation facilities associated with, but secondary to the residential use of
land and used exclusively by the residents of dwelling units on the site, but expressly
excludes any building mentioned in the definitions of Educational Building, Institution
and/or Restricted Building.

Residential - Dwelling Means a free standing dwelling unit on a single erf, which does not form part of either
House Medium Density Housing or Chalets, used as a Dwelling Unit for a single family together
with such outbuildings and as are customary used incidental therewith. It may include
land used for sport and/or recreation facilities associated with, but secondary to the
residential use of land and used exclusively by the residents of the dwelling unit on the
site.

Residential - Medium Means, a group of two or more attached or detached Dwelling Units, together with such
Density outbuildings as are ordinarily associated thereto, each Dwelling Unit having access to a
private open space and access to common land, the whole development having been
designed as a harmonious entity. No Ancillary Unit shall be permitted on a Medium
Density Housing Development.

It may include land used for sport and/or recreation facilities associated with, but
secondary to the residential use of land and used exclusively by the residents of the
dwelling units on the site.

Resort Development Means a development that is designed as a harmonious entity and provides holiday
accommodation in conjunction with recreation and other resort facilities. Particularly
well-suited for family vacations, a resort offers a variety of experiences which may
include self-catering or catered, detached or attached habitable accommodation, hotels,
restaurants, conferencing, limited shopping, public entertainment areas, recreation such
as golfing, sport, water sports, relaxation activities such as wildlife, wellness centres,
hydro’s and spa’s and other similar facilities, and may include ancillary office, staff
accommodation, parking and utility facilities.

Restaurant As provided for under “Shop” means a building used to prepare and sell food and drink
for consumption on the premises, and where seating is provided for patrons, and may
include limited entertainment.

Restaurants are not frequently open after midnight.

Restricted Building Means a building, buildings or land used exclusively for purposes of:

a) a hospital, sanatorium, dispensary or clinic for the exclusive treatment of

infections or contagious diseases;
b) an institution or home for mentally disabled people;
c) a mental hospital;
d) a prison or other place of lawful detention;
e) an industrial school, reformatory, place of safe keeping or other approved
school; and/or
f) a public or private assistance institution, building and/or land for people in
223
SECTION 5 : LAND USE DEFINITIONS

despair, need or assistance.

Sanatorium As provided for under “Institution” or “Restricted Building” means a building used for the
treatment of chronic diseases or for medically supervised recuperation.

Semi-Professional Office Means an office which is not defined under “Office – Professional”, but which, in the
opinion of Council, could be considered a semi-professional office and which could be
controlled subject to the same conditions as set out for Professional Offices.

Service Station Means a building and land used for the retail sale of petrol or petroleum derivatives,
lubricating oils and greases capable of use in internal combustion engines, and which may
include an ATM, associated office accommodation, restaurant and a convenience shop
and carwash facility, but excludes an Automotive Showroom, a workshop and the major
sale of automotive parts and spares.

Shelter Means a unit of residential accommodation, which may or may not comply with the
National Building Regulations.

Shop - General Means a building used for the purpose of carrying on or conducting any retail trade or
retail business where the primary purpose is the display and sale of goods by retail, and
shall include inter alia,

a) a hairdresser or barber;
b) a ticket, booking or travel agency;
c) a showroom other than an Automotive Showroom;
d) a cafe, fast food outlet, restaurant, or other premises used for the sale or
consumption of food and drink;
e) a dry cleaning or laundry depot or other similar premises for the reception of
goods to be washed, cleaned, altered or repaired;
f) an auction mart and book exchange;
g) a bottle store, hotel off-sales or other premises in respect of which a bottle
liquor license or an off-consumption license is required;
h) banking and other similar financial halls;
i) a health club /commercial gymnasium or health studio, beauty parlour, slimming
salons and/or a massage parlour; and
j) ancillary buildings ordinarily incidental to the conduct of a retail business.

Provided that shop expressly excludes:

i. any activity or use of buildings or land falling within the scope of the definitions
of Industry-General, Industry-Extractive, Industry-Salvage and Industry – High
Impact;
ii. a Public Garage or vehicle workshop;
iii. businesses of a primarily wholesale nature;
iv. gambling premises;
v. a night club, bar and/or tavern; and
vi. Spaza Shop / Tuck Shop.

Shop - Factory Retail store, operated by a manufacturer, which provides an outlet for selling the
manufacturer’s irregular, overrun or end-of-season merchandise, and sometimes, in-
season first-quality merchandise – but it shall exclude a “Shop”. Although it is not always

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SECTION 5 : LAND USE DEFINITIONS

the case, outlet stores are often located on the premises of the factory, or close to the
manufacturer.

Shop - Wholesale A store that sells bulk merchandise, especially consumer goods, at a discount from the
manufacturer’s suggested retail price – no business of a general “Shop” nature may be
conducted on the premises.

Solar Farm As provided for under “Agricultural Industry” means land used to accommodate a large
collection of interconnected photovoltaic / solar panels that work together to capture
sunlight and turn it into electricity on a large scale.

Spaza Shop / Tuck shop As provided for under “Home Business” means a small retail enterprises operating from a
residential stand or home and engaged in the trading of convenience goods for the day-
to-day needs of the public.
2
A tuck shop, limited to 20m total floor area, may also be operated from certain non-
residential land uses, as allowed for in terms of the Scheme.

Special Use Means a building type or use of land either not included in these definitions or used for
any use other than a use for which buildings or land, included in these definitions, may be
used.

Tavern / Shebeen As defined under “Night Club / Bar”.

Telecommunication Means land used to accommodate any structure housing equipment used in the
Infrastructure transmitting or receiving of electronic communications signals and includes
telecommunication base stations and masts, but excludes -

(a) masts of 15 metres and lower exclusively used:

(i) by radio amateurs; or
(ii) for lighting purposes
(b) flag poles and lightning conductor poles.
Terminal - Means land and buildings used to assemble and distribute passengers and goods via air,
Airport/Airfield including uses specifically related to the functioning of the airport or airfield at Council’s
sole discretion. It may include facilities to park, maintain, fuel and maneuver planes,
airport operations, associated offices, warehousing and distribution facilities for goods
and luggage, parking areas/parkades for the parking of vehicles, vehicle hire facilities,
training facilities, facilities for the comfort and recreation of passengers while waiting
such as restaurants and shops.

Terminal - Bus and Taxi Means the use of land and/or buildings at public transport facilities such as bus / taxi
ranks for the purposes of dropping off and collecting passengers by public and private bus
services and mini bus and metered taxis, and may include parking areas, shelter and
seating for passengers, a ticket office, offices ancillary to the management of a bus or taxi
rank, an informal trade area and ablution facilities.

Terminal - Passenger Means land and buildings used to assemble and distribute passengers and goods via sea,
Liner including uses specifically related to the functioning of a passenger liner facility at
Council’s sole discretion. It includes facilities for the operation of a passenger liner facility,
customs control area/s, associated offices, distribution facilities for goods and luggage,
parking areas/parkades for the parking of vehicles, vehicle hire facilities and facilities for

225
SECTION 5 : LAND USE DEFINITIONS

the comfort and recreation of passengers while waiting such as restaurants and shops.

Terminal - Railways Means a terminal building used to assemble and distribute goods and passengers via rail.
It may include railway routes, facilities to park, maintain and maneuver railway vehicles,
warehousing of goods, a railway station, parking areas/parkades for the parking of
vehicles, vehicle hire facilities, facilities for the comfort and recreation of passengers
while waiting such as restaurants and shops, waiting and resting areas, internet café, etc.

Terminal – Truck Means a building or premises in which, or upon which, a business, service, or industry is
conducted mainly involving trucks or similar heavy commercial vehicles, and may include:

a) the dispensing of motor fuel or other petroleum products, including associated

office and storage areas;

b) the temporary parking of trucks or similar heavy commercial vehicles;

c) the cleaning, maintenance, servicing, or minor repairs of trucks or commercial

heavy vehicles, but excluding panel beating and spray painting.

Tuck shop As defined under “Spaza Shop”.

Utilities Facility Means land or buildings used for the provision and maintenance of essential
infrastructural services such as service roads, rail, sewer, water, electricity, gas,
telecommunications infrastructure, public lighting and stormwater control and other
services deemed necessary by the Council, and may include a water reservoir,
waterworks, electrical substation, telephone exchange, postal collection points, weigh
bridge, servitudes for the provision of services and conveyers, etc. Sewage treatment
works, macerator stations and refuse sites shall be defined as a “Industry-High Impact” in
terms of the Scheme.

Vehicle Testing Station Means the registered use of land and/or buildings by a registering authority for
determining the fitness of vehicles to utilise the public road system, in line with the
provisions of the National Road Traffic Act, 1996.

Veterinary Purposes Means the use of land and/or buildings for medical treatment of domestic animals, and
the short term boarding of animals incidental to the hospital use. It may include a
grooming parlour and retail outlet restricted to the sale of veterinary and animal
maintenance products. Subject to the approval of the Council, the facility may include the
treatment of any other animal.

Warehouse Means a building that is used primarily for the temporary storage of products and/or
goods, except those of an offensive or dangerous nature, and does not include a building
or part thereof intended or used, in the opinion of the Council, for retail or wholesale
purposes.

Warehousing of products or goods of an offensive or dangerous nature shall be defined

under “Industry-High Impact”. Open-air bulk storage shall be defined under “Bulk
Storage” in terms of the Scheme.

Waste Transfer and/or An area of land, with or without buildings, that may be licensed under relevant legislation
3
Recycling Centre for the temporary accumulation and storage of more than 35m of garden and recyclable
domestic waste and which may include the separation and processing of domestic waste
materials for eventual reuse or final disposal at a landfill site.

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SECTION 5 : LAND USE DEFINITIONS

Waste Transfer and/or Means land that may be licensed under relevant legislation to accumulate and
3
Drop-off Station temporarily store no more than 35m of garden and recyclable domestic waste before it
is transported to a recycling, treatment or waste disposal facility.

Wind Turbines As provided for under “Agricultural Industry” means land and structures or buildings used
to generate electricity by wind force. It does not include:

a) turbines principally used to supply electricity for domestic or rural use of the land; or

b) an anemometer.

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SECTION 8 : ANNEXURES TO THE SCHEME

6 SECTION 6 : SPECIAL ZONES

6.1 GENERAL PROVISIONS APPLICABLE TO SPECIAL

ZONES
6.1.1 In exceptional circumstances and where an existing zonings provided for in the Scheme does not
accommodate existing or proposed buildings and land uses required, and where a scheme
amendment may be impractical, Council may consider the creation of a “Special Zone”.

6.1.2 Such application for the creation of a special zone shall be properly motivated as to the reasons
why a Scheme amendment is impractical, the reasons for the creation of the Special Zone, etc.
and must be submitted in the prescribed format.

6.1.3 In general, the creation of Special Zones should be discouraged.

6.2 SUMMARY OF SPECIAL ZONES

SPECIAL ERF NUMBER DESCRIPTION OF REASON FOR SPECIAL CONVERTED FROM
ZONE ZONE / REMARKS SPECIAL ZONES IN
NUMBER TERMS OF HISTORICAL
SCHEMES
1 Erf 16889 Richards Bay Limited FAR and Coverage DFA Application for KFC
Meerensee
2 Erven 2294 and 2295 Parking Requirement relaxed to 1 per DFA Application for the
2
Esikhawini-J 30m for commercial zone eSikhaleni Mall
3 Remainder of Erf 2869 and Unique land use combination/description DFA Application for the
Erven 2265, 2293 and and parking requirements relaxed to 1 extension to the
2
designated Portion 1 of Erf per 50m for commercial development eSikhaleni Mall and
2265 Esikhawini-J Filling Station
4 Portions 18-21 (of 16) and Unique building lines, side and rear DFA Application for the
25-50 (of 17) of Erf 11451 spaces John Ross Interchange
Richards Bay Park : Business Park 1
5 Portion 22 (of 16) of Erf Unique land use combination. DFA Application for the
11451 Richards Bay Unique building lines, side and rear John Ross Interchange
spaces Park : Business Park 2
6 Portion 24 (of 17) of Erf Unique land use combination and unique DFA Application for the
11451 Richards Bay building lines, side and rear spaces John Ross Interchange
Park : Mixed Use
7 Erf 4217 Richards Bay (Engen Commercial zoning with additional rights Annexure 1
Garage Veldenvlei) to develop a filling station (Richards Bay Town
Planning Scheme)
8 Erf 11366 Richards Bay Unit and holiday letting development Annexure 4
(Richards Bay Town
Planning Scheme)

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SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ERF NUMBER DESCRIPTION OF REASON FOR SPECIAL CONVERTED FROM

ZONE ZONE / REMARKS SPECIAL ZONES IN
NUMBER TERMS OF HISTORICAL
SCHEMES
9 Erf 613 Richards Bay (LAC Garage and Commercial Annexure 7
Total Garage and (Richards Bay Town
Commercial area) Planning Scheme)
10 Erf 611 Richards Bay (LAC Commercial zoning with Increased FAR Annexure 8
Centre) (Richards Bay Town
Planning Scheme)
11 Erf 621 Richards Bay Commercial zoning with unique parking Annexure 9
requirements (Richards Bay Town
Planning Scheme)
12 Erf 991 Richards Bay Special Residential zoning with increased Annexure 10
FAR and Coverage (Richards Bay Town
Planning Scheme)
13 Erf 514 Richards Bay Special Residential zoning with increased Annexure 11
Coverage (Richards Bay Town
Planning Scheme)
14 Portion 5 of Erf 223 Unique land use combination and bulk Annexure 12
Umhlatuzi No. 16230 factors (Richards Bay Town
(Mzingazi Waterfront) Planning Scheme)
15 Erf 11137 Richards Bay Special Residential zoning with increased Annexure 13
FAR (Richards Bay Town
Planning Scheme)
16 Erf 55 Richards Bay Unit development with limitations on Annexure 14
FAR and Coverage (Richards Bay Town
Planning Scheme)
17 Erf 602 Richards Bay Unit development with limitations on Annexure 16
FAR and Coverage in order to regularise (Richards Bay Town
the development of the property and Planning Scheme)
limit it to what exists
18 Erf 6964 Richards Bay Special Residential zoning with increased Annexure 17
FAR and Coverage (Richards Bay Town
Planning Scheme)
19 Erf 632 Richards Bay Special Residential zoning with increased Annexure 18
FAR and Coverage (Richards Bay Town
Planning Scheme)
20 Erf 1899 Richards Bay Special zone for shop and public garage Annexure 19
with limitations set wrt. FAR and (Richards Bay Town
Coverage Planning Scheme)
21 Erf 14034 Richards Bay Special Residential zoning with increased Annexure 20
height restriction (Richards Bay Town
Planning Scheme)
22 Erf 7421 Richards Bay Unit Development Annexure 21
(Richards Bay Town
Planning Scheme)
23 Erf 1297 Richards Bay (PDA Special Residential zoning with increased Annexure 23
Application approved) FAR and Coverage and provision for (Richards Bay Town
establishment of a Bed-and-Breakfast Planning Scheme)

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SECTION 8 : ANNEXURES TO THE SCHEME

24 Erven 92 and 93 Kuleka Unique land use combination. Special Zone 10 :

Commercial (Empangeni
Town Planning Scheme)
25 Erven 2623, 412-414 & Unique land use combination. Special Zone 14 : Office
Portions of Erf 3204 Park
Empangeni (Empangeni Town
Planning Scheme)
26 Erf 3818 Empangeni Unique land use combination. Special Zone 18 : Limited
Commercial and Office
(Empangeni Town
Planning Scheme)
27 Erf 14179 (consolidation of Unique land use combination. Special Zone 23 : Office
Erf 242 and portion 1 of Erf and Warehouse
248) (Empangeni Town
Planning Scheme)
28 Portion 1 of Erf 113 Kuleka, a Resort-type development in an industrial DFA Application for the
portion of Copper Drive and area. It is unlikely that a similar Empangeni Casino
Steelway Road and Erven development will occur. (Special Zone 29 :
297, 298 & 299 Kuleka Casino)

29 Woodland Village (residential Residential estate-type development DFA Application for

zoned erven) with unique additional conditions, Woodland Village
minimum erf sizes and building lines
30 Portions 1 to 35 of Erf 1 Residential estate-type development DFA Application for
Waterstone (Waterstone with unique land use combination. Waterstone Equestrian
Equestrian Estate) Estate
31 Special Residential 4 Zoned Residential estate-type development DFA Application for
erven within the Waterstone with unique land use combination. Waterstone Equestrian
Estate Estate
32 General Commercial 2 zoned Residential estate-type development DFA Application for
erven within the Waterstone with unique land use combination. Waterstone Equestrian
Estate Estate
33 Administration zoned erven Residential estate-type development DFA Application for
within the Waterstone Estate with unique land use combination. Waterstone Equestrian
Estate
34 Erf 1297 Richards Bay Special Residential zoning with increased Annexure 33
FAR and Coverage (Richards Bay Town
Planning Scheme)
35 Remainder of Erf 17464 Unique land use combination Annexure 35
Richards Bay (Richards Bay Town
Planning Scheme)

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SECTION 8 : ANNEXURES TO THE SCHEME

6.3 DETAILS APPLICABLE TO SPECIAL ZONES

SPECIAL ZONE 1
1. SPECIAL ZONE CREATED FOR ERF 16889 RICHARDS BAY (KFC MEERENSEE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the Meerensee KFC included in the Richards Bay Town Planning Scheme
which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AUTOMOTIVE SHOWROOM / NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

MOTOR DEALERSHIP FUNERAL PARLOUR NOT INCLUDED IN
COMMERCIAL WORKSHOP INSTITUTION COLUMNS 1 AND 3
LAUNDERETTE INDUSTRY - LIGHT
MUNICIPAL PURPOSES PLACE OF ASSEMBLY
OFFICE - GENERAL PLACE OF WORSHIP
PLACE OF AMUSEMENT RECREATIONAL BUILDING
PRIVATE RECREATIONAL USE SPECIAL USE
(EXCEPT ON GROUND FLOOR) GAMBLING PREMISES (ON
PUBLIC OFFICE GROUND FLOOR ONLY)
WAREHOUSE
INDUSTRY - SERVICE
SHOP - GENERAL

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,25 25% UR

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 3m
Rear Space 3m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Shop – Drive Through 1,00 per 30m n/a
Any other use allowed in terms of Not specified in the DFA Judgement, therefore the provisions of
this zone this Scheme shall apply

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SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

232
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 2

1. SPECIAL ZONE CREATED FOR ERF 2294 AND 2295 ESIKHAWINI-J (ESIKHALENI MALL)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the Esikhaleni Mall included in the Richards Bay Town Planning Scheme,
based on the “Limited Commercial 1” zoning included in the historical Scheme, which could not be
converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED AND BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AUTOMOTIVE NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

SHOWROOM/VEHICLE DEALERSHIP INSTITUTION NOT INCLUDED IN
COMMERCIAL WORKSHOP INDUSTRY - LIGHT COLUMNS 1 AND 3
LAUNDERETTE PARKING ERF /PARKADE
MUNICIPAL PURPOSES PLACE OF AMUSEMENT
OFFICE - GENERAL PLACE OF ASSEMBLY
PRIVATE RECREATIONAL USE PLACE OF WORSHIP
(EXCEPT ON GROUND FLOOR) RECREATIONAL BUILDING
PUBLIC OFFICE SPECIAL USE
RESIDENTIAL BUILDING (EXCEPT GAMBLING PREMISES (ON
ON GROUND FLOOR) GROUND FLOOR ONLY)
INDUSTRY - SERVICE BOOKMAKER
SHOP - GENERAL

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

1,25 100 % UR

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 3m
Rear Space 3m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Shop - General 1 per 30m Not specified in the DFA
Judgement, therefore the
provisions of this Scheme shall
apply
Any other use allowed in terms Not specified in the DFA Judgement, therefore the provisions of this
of this zone Scheme shall apply

233
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 Ablution facilities shall be freely available to members of the public.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

234
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 3

1. SPECIAL ZONE CREATED FOR THE REMAINDER OF ERF 2869 AND ERVEN 226, 2293 AND DESIGNATED
PORTION 1 OF ERF 2265 ESIKHAWNI-J (ESIKHALENI MALL EXTENTION AND SERVICE STATION)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for an extension to the Esikhaleni Mall and a filling station included in the
Richards Bay Town Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH BUILDINGS PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
MAY BE ERECTED AND USED (Free BUILDINGS MAY BE BUILDINGS MAY BE BUILDINGS MAY NOT BE
Entry Uses) ERECTED AND USED ONLY ERECTED AND USED ONLY ERECTED AND USED
WITH THE FORMAL WITH THE FORMAL
AUTHORITY OF COUNCIL CONSENT OF COUNCIL
(Formal Authority Uses) (Consent Uses)

CONTROLS PERTAINING TO ERVEN NONE NONE BUILDINGS AND LAND

2869, 2293 AND 2265 ESIKHAWINI-J USES NOT INCLUDED IN
COLUMNS 1 AND 3
EDUCATIONAL BUILDING
INSTITUTION
MUNICIPAL PURPOSES
OFFICE – GENERAL
PLACE OF ASSEMBLY
PLACE OF WORSHIP
RECREATIONAL BUILDING
RESIDENTIAL - DWELLING HOUSE
SHOP – GENERAL

CONTROLS PERTAINING TO PORTION 1

OF ERF 2265 ESIKHAWINI-J

INDUSTRY - LIGHT
PUBLIC GARAGE
INDUSTRY - SALVAGE
PARKING ERF/PARKADE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA COVERAGE HEIGHT

RATIO
(FAR)
For Free Entry Uses Listed 1,00 100% 2
For Consent Uses Listed 1,00 60% 2

235
SECTION 8 : ANNEXURES TO THE SCHEME

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 3m
Rear Space 3m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Shop - General 1 per 50m Not specified in the DFA
Judgement, therefore the
provisions of this Scheme shall
apply
Any other use allowed in terms Not specified in the DFA Not specified in the DFA
of this zone Judgement, therefore the Judgement, therefore the
provisions of this Scheme shall provisions of this Scheme shall
apply apply

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

236
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 4

1. SPECIAL ZONE CREATED FOR PORTIONS 18-21 (OF 16) AND 25-50 (OF 17) OF ERF 11451 RICHARDS BAY
(JOHN ROSS INTERCHANGE PARK - BUSINESS PARK 1 ZONING)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the John Ross Interchange Park included in the Richards Bay Town Planning
Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED AND BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AUTOMOTIVE NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

SHOWROOM/VEHICLE DEALERSHIP PLACE OF ASSEMBLY NOT INCLUDED IN
COMMERCIAL WORKSHOP PLACE OF WORSHIP COLUMNS 1 AND 3
RESIDENTIAL - DWELLING HOUSE RECREATIONAL BUILDING
(CARETAKER ONLY)
HOTEL
LAUNDERETTE
INDUSTRY – LIGHT
INDUSTRY – SERVICE
INSTITUTION (HOSPITAL ONLY)
OFFICE - GENERAL
PARKING AREA / PARKADE
PLACE OF AMUSEMENT
PUBLIC OFFICE
WAREHOUSE
GENERAL SHOWROOM
SHOP - FACTORY
SHOP - WHOLESALE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,70 70% 3

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Lines:
- N2 Freeway 20m
- Provincial Road 15m
- Railway Reserve 5m
- Internal Roads 7,5m
- Internal Access Court 0m
(Servitude Areas)
Side and Rear Spaces 3m

237
SECTION 8 : ANNEXURES TO THE SCHEME

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Shop 1 per 16,6m GLA Not specified in the DFA Judgement,
therefore the provisions of this Scheme
shall apply
2
Office - General 1 per 25m floor area n/a
2
General Showroom 1 per 40m floor area Not specified in the DFA Judgement,
therefore the provisions of this Scheme
shall apply
Any other use allowed in As per the provisions of this Scheme
terms of this zone

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

238
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 5

1. SPECIAL ZONE CREATED FOR PORTION 22 (OF 16) OF ERF 11451 RICHARDS BAY (JOHN ROSS
INTERCHANGE PARK - BUSINESS PARK 2 ZONING)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the John Ross Interchange Park included in the Richards Bay Town Planning
Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AUTOMOTIVE SHOWROOM / NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

VEHICLE DEALERSHIP PLACE OF ASSEMBLY NOT INCLUDED IN
COMMERCIAL WORKSHOP PLACE OF WORSHIP COLUMNS 1 AND 3
HOTEL RECREATIONAL BUILDING
LAUNDERETTE
INDUSTRY – LIGHT
INDUSTRY – SERVICE
INSTITUTION (HOSPITAL ONLY)
OFFICE – GENERAL
PARKING ERF / PARKADE
PLACE OF AMUSEMENT
PUBLIC GARAGE
PUBLIC OFFICE
RESIDENTIAL - DWELLING
HOUSE (CARETAKER ONLY)
SHOP - GENERAL (RESTRICTED
TO 250m2 G.L.A.)
GENERAL SHOWROOM
SHOP - FACTORY
SHOP - WHOLESALE
WAREHOUSE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,70 70% 3

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Lines:
- N2 Freeway 20m
- Provincial Road 15m
- Internal Roads 7,5m
Side and Rear Spaces 3m

239
SECTION 8 : ANNEXURES TO THE SCHEME

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Shop 1 per 16,6m GLA Not specified in the DFA Judgement,
therefore the provisions of this Scheme
shall apply
2
Office – General 1 per 25m floor area n/a
2
General Showroom 1 per 40m floor area Not specified in the DFA Judgement,
therefore the provisions of this Scheme
shall apply
Any other use allowed in As per the provisions of this Scheme
terms of this zone

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

240
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 6

1. SPECIAL ZONE CREATED FOR PORTION 24 (OF 17) OF ERF 11451 RICHARDS BAY (JOHN ROSS
INTERCHANGE PARK – MIXED USE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the John Ross Interchange Park included in the Richards Bay Town Planning
Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

AUTOMOTIVE SHOWROOM / NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

VEHICLE DEALERSHIP NOT INCLUDED IN COLUMNS
COMMERCIAL WORKSHOP 1 AND 3
HOTEL
INDUSTRY - SERVICE
INSTITITION (HOSPITAL ONLY)
LAUNDERETTE
OFFICE - GENERAL
PARKING ERF / PARKADE
PLACE OF AMUSEMENT
PUBLIC GARAGE
PUBLIC OFFICE
RESIDENTIAL - DWELLING
HOUSE (CARETAKER ONLY)
SHOP - GENERAL (RESTRICTED
TO 3000m2 G.L.A.)
GENERAL SHOWROOM
SHOP – FACTORY
SHOP - WHOLESALE
WAREHOUSE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,70 70% 3

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Lines:
- Provincial Road 15m
- Internal Roads 7,5m
Side and Rear Spaces 0m

241
SECTION 8 : ANNEXURES TO THE SCHEME

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Shop 1 per 16,6m GLA Not specified in the DFA Judgement,
therefore the provisions of this
Scheme shall apply
2
Office – General 1 per 25m floor area n/a
2
General Showroom 1 per 40m floor area Not specified in the DFA Judgement,
therefore the provisions of this
Scheme shall apply
Any other use allowed in As per the provisions of this Scheme
terms of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

242
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 7

1. SPECIAL ZONE CREATED FOR ERF 4217 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone included in the Richards Bay Town Planning Scheme (Annexure 1) which could not
be converted to a zone in terms of this Scheme (Limited Commercial 2).

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AUTOMOTIVE SHOWROOM / PUBLIC GARAGE EDUCATIONAL BUILDING BUILDINGS AND LAND USES
VEHICLE DEALERSHIP GAMBLING PREMISES (ON NOT INCLUDED IN
COMMERCIAL WORKSHOP GROUND FLOOR ONLY) COLUMNS 1, 2 AND 3
INDUSTRY - SERVICE INSTITUTION
LAUNDERETTE INDUSTRY - LIGHT
MUNICIPAL PURPOSES PARKING ERF/PARKADE
OFFICE - GENERAL PLACE OF AMUSEMENT
PRIVATE RECREATIONAL USE PLACE OF ASSEMBLY
(EXCEPT ON GROUND FLOOR) PLACE OF WORSHIP
PUBLIC OFFICE RECREATIONAL BUILDING
RESIDENTIAL BUILDING SPECIAL USE
(EXCEPT ON GROUND
FLOOR)
SHOP - GENERAL

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,375 25% UR

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 3m
Rear Space 3m

243
SECTION 8 : ANNEXURES TO THE SCHEME

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2 2
Shop – General 1,00 per 15m floor area 1 per 500m floor area for the first
2 2
Public Garage 1,00 per 50m floor area 1000m floor area or part thereof
2
then 1 per 1000m additional floor
area or part thereof
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

244
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 8

1. SPECIAL ZONE CREATED FOR ERF 11366 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 4) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE ERECTED AND USED ONLY ERECTED AND USED
FORMAL AUTHORITY OF WITH THE FORMAL
COUNCIL (Formal Authority CONSENT OF COUNCIL
Uses) (Consent Uses)

CHALET DEVELOPMENT NONE NONE BUILDINGS AND LAND USES

RESIDENTIAL - MEDIUM NOT INCLUDED IN COLUMNS
DENSITY 1 AND 3
RESIDENTIAL BUILDING
SHOP – GENERAL (ON GROUND
FLOOR ONLY)

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

USE FLOOR AREA RATIO COVERAGE HEIGHT

(FAR)
Shop - General 0.16 30% 2
All other uses 0,75

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side and Rear Spaces 4,5m or 1,5m per storey, whichever the greater

245
SECTION 8 : ANNEXURES TO THE SCHEME

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Chalets, Medium Density One or less bedrooms – 1,25 per n/a
Residential and Residential dwelling unit
Building Two bedrooms – 1,50 per dwelling
unit
Three bedrooms – 1,75 per
dwelling unit
Four or more bedrooms – 2,00 per
dwelling unit
2 2
Shop - General 1 per 15m 1 per 500m floor area for the
2
first 1000m floor area or part
2
thereof then 1 per 1000m
additional floor area or part
thereof
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

246
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 9

1. SPECIAL ZONE CREATED FOR ERF 613 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 7) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH BUILDINGS PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
MAY BE ERECTED AND USED (Free BUILDINGS MAY BE BUILDINGS MAY BE BUILDINGS MAY NOT BE
Entry Uses) ERECTED AND USED ONLY ERECTED AND USED ONLY ERECTED AND USED
WITH THE FORMAL WITH THE FORMAL
AUTHORITY OF COUNCIL CONSENT OF COUNCIL
(Formal Authority Uses) (Consent Uses)

PUBLIC GARAGE NONE SPECIAL USE BUILDINGS AND LAND USES

SHOP - GENERAL NOT INCLUDED IN COLUMNS
1 AND 3

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,25 50% 1

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 2m
Rear Space 2m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2 2
Shop – General 1 per 15m 1 per 500m floor area for the first
2 2
Public Garage 1 per 50m 1000m floor area or part thereof
2
then 1 per 1000m additional
floor area or part thereof
Any other use allowed in As per the provisions of this Scheme
terms of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

247
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 10

1. SPECIAL ZONE CREATED FOR ERF 611 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 8) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme (Limited Commercial 1).

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AUTOMOTIVE SHOWROOM / NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

VEHICLE DEALERSHIP GAMBLING PREMISES (ON NOT INCLUDED IN
COMMERCIAL WORKSHOP GROUND FLOOR ONLY) COLUMNS 1 AND 3
INDUSTRY - SERVICE INSTITUTION
LAUNDERETTE INDUSTRY - LIGHT
MUNICIPAL PURPOSES PARKING ERF / PARKADE
OFFICE - GENERAL PLACE OF AMUSEMENT
PRIVATE RECREATIONAL USE PLACE OF ASSEMBLY
(EXCEPT ON GROUND FLOOR) PLACE OF WORSHIP
PUBLIC OFFICE RECREATIONAL BUILDING
RESIDENTIAL BUILDING (EXCEPT SPECIAL USE
ON GROUND FLOOR)
SHOP - GENERAL

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

2,00 100% UR

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 0m
Side Spaces 0m
Rear Space 0m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2 2
Shop - General 1 per 15m 1 per 500m floor area for the first
2
1000m floor area or part thereof
2
then 1 per 1000m additional floor
area or part thereof
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

248
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

249
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 11

1. SPECIAL ZONE CREATED FOR ERF 621 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 9) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme (Limited Commercial 1).

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED AND BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AUTOMOTIVE NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

SHOWROOM/VEHICLE DEALERSHIP GAMBLING PREMISES (ON NOT INCLUDED IN
COMMERCIAL WORKSHOP GROUND FLOOR ONLY) COLUMNS 1 AND 3
INDUSTRY - SERVICE INSTITUTION
LAUNDERETTE INDUSTRY-LIGHT
MUNICIPAL PURPOSES PARKING ERF / PARKADE
OFFICE - GENERAL PLACE OF AMUSEMENT
PRIVATE RECREATIONAL USE PLACE OF ASSEMBLY
(EXCEPT ON GROUND FLOOR) PLACE OF WORSHIP
PUBLIC OFFICE RECREATIONAL BUILDING
RESIDENTIAL BUILDING (EXCEPT SPECIAL USE
ON GROUND FLOOR)
SHOP – GENERAL

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

2,00 100% UR

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 0m
Side Spaces 0m
Rear Space 0m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

2 2
Lot 611 Richards Bay is exempt from the 1 per 500m floor area for the first 1000m floor area or
2
provision of on-site parking in respect of the part thereof then 1 per 1000m additional floor area or
development existing on the site. However, part thereof
the proposed extension of the development
on Lot 611 Richards Bay is not covered by this
arrangement and the applicant will have to
provide public parking for the additional floor

250
SECTION 8 : ANNEXURES TO THE SCHEME

area envisaged to be developed as well as an

additional sixteen public parking bays,
provided at Council’s cost on Lot 621 Richards
Bay, which will be lost due to the proposed
extension. These bays will have to be replaced
by the applicant.

Any other use allowed in terms of this zoning As per the provisions of this Scheme

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION
Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

251
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 12

1. SPECIAL ZONE CREATED FOR ERF 991 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 10) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE ERECTED AND USED ONLY ERECTED AND USED
FORMAL AUTHORITY OF WITH THE FORMAL
COUNCIL (Formal Authority CONSENT OF COUNCIL
Uses) (Consent Uses)

RESIDENTIAL - DWELLING NONE NONE BUILDINGS AND LAND USES

HOUSE NOT INCLUDED IN COLUMNS
PRIVATE RECREATIONAL USE 1 AND 3
ADDITIONAL DWELLING UNIT

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,48 42.5% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 5m
Side and Spaces 2m or 1,5m per storey whichever is the greater

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Residential - Dwelling House n/a n/a
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 No access to the Erf shall be allowed from Essenwood Way.

4.4.2 The total floor area of the dwelling house, outbuildings and additional dwelling unit shall not exceed the
floor area, coverage and heights as depicted on plans drawing no S02/2001/001, S02/2002/001S and
S02/2001/002, dated May 2001.

252
SECTION 8 : ANNEXURES TO THE SCHEME

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

253
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 13

1. SPECIAL ZONE CREATED FOR ERF 514 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 11) included in the Richards Bay Town Planning Scheme which could
not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

RESIDENTIAL - DWELLING NONE ADDITIONAL DWELLING UNIT BUILDINGS AND LAND USES
HOUSE EDUCATIONAL BUILDING NOT INCLUDED IN
PRIVATE RECREATIONAL USE PUBLIC OFFICE (RESTRICTED COLUMNS 1 AND 3
TO LOCAL AUTHORITY CLINIC
ONLY)
SPECIAL USE
PLACE OF WORSHIP
MUNICIPAL PURPOSES

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

USE FLOOR AREA RATIO COVERAGE HEIGHT

(FAR)
Residential - Dwelling 0,35 45% 2
House
Educational Building, 0,25 25% 2
Clinic, Special Use
Place of Worship 0,25 25% UR
Municipal Purposes 0,3 30% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 4m
Side and Rear Spaces 2m or 1,5m per storey whichever is the greater

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Residential - Dwelling House n/a n/a
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

254
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

255
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 14

1. SPECIAL ZONE CREATED FOR PORTION 5 OF ERF 223 UMHLATHUZI NO 16230

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 12) included in the Richards Bay Town Planning Scheme which could
not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE ERECTED AND USED ONLY ERECTED AND USED
FORMAL AUTHORITY OF WITH THE FORMAL
COUNCIL (Formal Authority CONSENT OF COUNCIL
Uses) (Consent Uses)

RESIDENTIAL - DWELLING NONE NONE BUILDINGS AND LAND USES

HOUSE NOT INCLUDED IN COLUMNS
RESIDENTIAL - MEDIUM DENSITY 1 AND 3
RESIDENTIAL BUILDING
PRIVATE RECREATIONAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

USE FLOOR AREA RATIO COVERAGE HEIGHT

(FAR)
Dwelling House, Medium 0,6 45% 2
Density Housing
Residential Building Maximum of 0,75 45% 3

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 4,5m or 1,5m per storey, whichever the greater
Rear Space

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Residential - Dwelling House n/a n/a
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

256
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

257
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 15

1. SPECIAL ZONE CREATED FOR ERF 11137 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 13) included in the Richards Bay Town Planning Scheme which could
not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE ERECTED AND USED ONLY ERECTED AND USED
FORMAL AUTHORITY OF WITH THE FORMAL
COUNCIL (Formal Authority CONSENT OF COUNCIL
Uses) (Consent Uses)

ADDITIONAL DWELLING UNIT NONE NONE BUILDINGS AND LAND USES

NOT INCLUDED IN COLUMNS
RESIDENTIAL - DWELLING 1 AND 3
HOUSE

PRIVATE RECREATIONAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,43 21.9% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 5m
Side and Spaces 2m or 1,5m per storey whichever is the greater

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Dwelling House n/a n/a
Any other use allowed in terms of As per the provisions of this Scheme
this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 The total floor area of the dwelling house, outbuildings and additional dwelling unit shall not exceed the
floor area, coverage and heights as depicted on plans drawing no R2003-38/WD-300-01,R2003-38\WD-
100-01 and 2003-38/WD-000-01, dated February 2004.

258
SECTION 8 : ANNEXURES TO THE SCHEME

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

259
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 16

1. SPECIAL ZONE CREATED FOR ERF 55 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 14) included in the Richards Bay Town Planning Scheme which could
not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

ADDITIONAL DWELLING UNIT NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES
RESIDENTIAL - DWELLING MUNICIPAL PURPOSES NOT INCLUDED IN
HOUSE PLACE OF WORSHIP COLUMNS 1 AND 3
PRIVATE RECREATIONAL USE PUBLIC OFFICE (RESTRICTED
RESIDENTIAL BUILDING TO LOCAL AUTHORITY CLINIC
ONLY)
SPECIAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

USE FLOOR AREA RATIO COVERAGE HEIGHT

(FAR)
Residential - Dwelling 0,35 35% 2
House
Residential Building 0,23 23% 2
Educational Building, 0,25 25% 2
Clinic, Special Building
Place of Worship 0,25 25% UR
Municipal Purposes 0,3 30% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side and Rear Spaces 4,5m or 1,5m per storey, whichever the greater

260
SECTION 8 : ANNEXURES TO THE SCHEME

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Chalets, Medium Density One or less bedrooms – 1,25 per n/a
Housing and Residential Building dwelling unit
Two bedrooms – 1,50 per dwelling
unit
Three bedrooms – 1,75 per
dwelling unit
Four or more bedrooms – 2,00 per
dwelling unit
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 The total floor area of the residential building and outbuildings shall not exceed the floor area, coverage
and heights as depicted on plans drawing no 178RB/05, dated 04 January 2005.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

261
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 17

1. SPECIAL ZONE CREATED FOR ERF 602 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 16) included in the Richards Bay Town Planning Scheme in order to
regularise the development of the property and limit it to what exists, which could not be converted to a
zone in terms of this Scheme (Based on Special Residential 2).

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

RESIDENTIAL - DWELLING NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

HOUSE INSTITUTION NOT INCLUDED IN COLUMNS
RESIDENTIAL - MEDIUM HOTEL (EXCLUDING HOTEL 1 AND 3
DENSITY WITH LIQUOR LICENCE)
RESIDENTIAL BUILDING MUNICIPAL PURPOSES
LODGE PLACE OF ASSEMBLY
PLACE OF WORSHIP
SPECIAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

USE FLOOR AREA RATIO COVERAGE HEIGHT

(FAR)
Residential - Dwelling
House 0,30 30% 2

Residential - Medium
0,35 35% 2
Density
Residential Building 0,50 30 % 3
Lodge 0,35 35% 2
Educational Building
Institution 0,35 25 % 3
Special Use
Hotel (Excluding Hotel
0,50 25 % 3
With Liquor License)
Place Of Assembly
0,35 25 % U.R
Place Of Worship
Municipal Purposes 0,30 30 % 2

262
SECTION 8 : ANNEXURES TO THE SCHEME

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 4,5m or 1,5m per storey, whichever the greater
Rear Space

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Chalets, Medium Density One or less bedrooms – 1,25 per n/a
Housing and Residential Building dwelling unit
Two bedrooms – 1,50 per dwelling
unit
Three bedrooms – 1,75 per
dwelling unit
Four or more bedrooms – 2,00 per
dwelling unit
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

263
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 18

1. SPECIAL ZONE CREATED FOR ERF 6964 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 17) included in the Richards Bay Town Planning Scheme which could
not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE ERECTED AND USED ONLY ERECTED AND USED
FORMAL AUTHORITY OF WITH THE FORMAL
COUNCIL (Formal Authority CONSENT OF COUNCIL
Uses) (Consent Uses)

RESIDENTIAL - DWELLING NONE NONE BUILDINGS AND LAND USES

HOUSE NOT INCLUDED IN COLUMNS
1 AND 3
PRIVATE RECREATIONAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,406 38,29% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 5m
Side and Spaces 2m or 1,5m per storey whichever is the greater

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Residential - Dwelling House n/a n/a

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

264
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 19

1. SPECIAL ZONE CREATED FOR ERF 632 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 18) included in the Richards Bay Town Planning Scheme which could
not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

ADDITIONAL DWELLING UNIT NONE HOME INDUSTRY (BED AND BUILDINGS AND LAND USES
RESIDENTIAL - DWELLING BREAKFAST - RESTRICTED TO NOT INCLUDED IN COLUMNS
HOUSE FIVE (5) LETTABLE ROOMS) 1 AND 3
PRIVATE RECREATIONAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0.45 45% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 4,5m

Side and Spaces 2m or 1,5m per storey whichever is the greater

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Bed and Breakfast 1 per lettable room To the satisfaction of Council
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

265
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 20

1. SPECIAL ZONE CREATED FOR ERF 1899 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 19) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

MUNICIPAL PURPOSES NONE INDUSTRY - SERVICE BUILDINGS AND LAND USES

PUBLIC GARAGE SPECIAL USE NOT INCLUDED IN COLUMNS
SHOP - GENERAL 1 AND 3

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,2 30% UR

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 4m
Rear Space 0m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Public Garage In accordance with the land use 1 per 500m floor area for the
2
configuration on the site as shown first 1000m floor area or part
on the Master Plan (No. PED2005/3) thereof and thereafter 1 per
2
dated August 2007 attached to the 1000m additional floor area
rezoning application a total of 33 of part thereof
parking bays are to be provided on
Erf 1899 Alton, Richards Bay. This is
the minimum number of parking
bays to be permitted on the site.

Any other use allowed in terms As per the provisions of this Scheme
of this zoning

266
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 All development that takes place on the site be in compliance with the Master Plan (No. PED2005/3)
dated August 2007 attached to the rezoning application.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

267
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 21

1. SPECIAL ZONE CREATED FOR ERF 14034 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 20) included in the Richards Bay Town Planning Scheme to make
provisions for increased height restriction, which could not be converted to a zone in terms of this
Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

RESIDENTIAL - DWELLING NONE ADDITIONAL DWELLING UNIT BUILDINGS AND LAND USES
HOUSE EDUCATIONAL BUILDING NOT INCLUDED IN
PRIVATE RECREATIONAL USE MUNICIPAL PURPOSES COLUMNS 1 AND 3
PLACE OF WORSHIP
PUBLIC OFFICE (RESTRICTED
TO LOCAL AUTHORITY CLINIC
ONLY)
SPECIAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

USE FLOOR AREA RATIO COVERAGE HEIGHT

(FAR)
Residential - Dwelling 0,35 35% 3
House
Educational Building, 0,25 25% 2
Clinic
Place of Worship 0,25 25% UR
Special Use
Municipal Purposes 0,3 30% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 5m
Side and Rear Spaces 2m or 1,5m per storey whichever is the greater

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Residential - Dwelling House n/a n/a
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

268
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis

269
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 22

1. SPECIAL ZONE CREATED FOR ERF 7421 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 21) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

RESIDENTIAL - DWELLING NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

HOUSE HOTEL EXCLUDING HOTEL NOT INCLUDED IN COLUMNS
RESIDENTIAL - MEDIUM WITH LIQUOR LICENCE 1 AND 3
DENSITY INSTITUTION
RESIDENTIAL BUILDING MUNICIPAL PURPOSES
LODGE PLACE OF ASSEMBLY
PLACE OF WORSHIP
SPECIAL BUILDING

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

USE FLOOR AREA RATIO COVERAGE HEIGHT

(FAR)
Residential - Dwelling
House 0,30 30% 2

Residential - Medium
0,4 40% 2
Density
Residential Building 0,50 30 % 3
Lodge 0,35 35% 2
Educational Building
Institution 0,35 25 % 3
Special Use
Hotel Excluding Hotel
0,50 25 % 3
With Liquor License
Place Of Assembly
0,35 25 % U.R
Place Of Worship
Municipal Purposes 0,30 30 % 2

270
SECTION 8 : ANNEXURES TO THE SCHEME

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 4,5m or 1,5m per storey, whichever the greater
Rear Space

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Chalets, Medium Density One or less bedrooms – 1,25 per n/a
Housing and Residential Building dwelling unit
Two bedrooms – 1,50 per dwelling
unit
Three bedrooms – 1,75 per
dwelling unit
Four or more bedrooms – 2,00 per
dwelling unit
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 The proposed increase in density controls will not increase the number of units or living rooms but will
primarily focus on the roofing of the verandahs and porticos in line with building standards applicable.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

271
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 23

1. SPECIAL ZONE CREATED FOR ERF 1297 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 33) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

RESIDENTIAL - DWELLING NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

HOUSE NOT INCLUDED IN
PLACE OF WORSHIP COLUMNS 1 AND 3
LODGE (LIMITED TO THE
EXISTING NUMBER OF ROOMS) SPECIAL USE

PRIVATE RECREATIONAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,43 35% 3

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 5m
Side and Rear Spaces 2m or 1,5m per storey whichever is the greatest

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Bed and Breakfast/Lodge A double covered parking bay
shall be provided for the owner of
the house and an additional six
parking bays shall be provided
(one demarcated parking bay for
each lettable room). Approval of
parking areas is required.

Any other use allowed in terms of As per the provisions of this Scheme
this zoning

272
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 None

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

273
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 24

1. SPECIAL ZONE CREATED FOR ERVEN 92 AND 93 KULEKA

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Special Zone 10 : Commercial) included in the Empangeni Town Planning Scheme
which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

COMMERCIAL WORKSHOP NONE AGRICULTURAL LAND ANY PURPOSE NOT

LAUNDERETTE EDUCATIONAL BUILDING INCLUDED IN COLUMNS 1
OFFICE - GENERAL FUNERAL PARLOUR AND 3
PLACE OF AMUSEMENT PARKING ERF / PARKADE
PUBLIC OFFICE PLACE OF ASSEMBLY
RESIDENTIAL BUILDING RECREATIONAL BUILDING
(EXCEPT ON GROUND FLOOR)
SHOP - GENERAL
WAREHOUSE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

1.5 80% 2 storeys

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7.5 (not affected as parking is provided on Erf 92 which surrounds Erf
93)
Side Spaces 2
Rear Space 2

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

Parking provided on Erf 92 Kuleka Loading provided on Erf 92 Kuleka

274
SECTION 8 : ANNEXURES TO THE SCHEME

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 Where parking is provided on Erf 92 in terms of the conditions of Title, the parking requirements on Erf 92
will be waived except where parking is required for residential use.

4.4.2 Access to Erf 93 Kuleka will at all times be granted over Erf 92 Kuleka.

4.4.2 The position width of such access and of accesses to the parking area are subject to the approval of
Council.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

275
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 25

1. SPECIAL ZONE CREATED FOR ERVEN 2623, 412-414 & PORTIONS OF ERF 3204 EMPANGENI

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Special Zone 14 : Office Park) included in the Empangeni Town Planning Scheme
which could not be converted to a zone in terms of this Scheme. Revised plan number 3204 – June 19804
refers

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

OFFICE - GENERAL NONE SHOP - GENERAL ANY PURPOSE NOT

RESIDENTIAL BUILDING INCLUDED IN COLUMNS 1
AND 3

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

PORTION / ERF NUMBER FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

Portions 2, 11 and 8 of Erf 0.75 40% 2
3204 Empangeni

Portion 3 and 4 of Erf 3204 1.00 35% 3

Empangeni
Portion 5 of Erf 3204 1.00 50% 3
Empangeni 0.883 42 3
Sub 10 of Erf 3204
Empangeni
Erf 2623 Empangeni 1.00 50% 3
Erf 412-414 Empangeni 0.5 50% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Erf 2623 Empangeni Building Line 7,5m

Side Spaces 3m
Rear Space 3m
Erf 412-414 Empangeni Building Line 7,5m
Side Spaces 3m
Rear Space 5m

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4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

- Revised pan number 3204 – June 1982 refers:
- On – site Parking: One parking bay shall be
2
provided for every 65 m , or path thereof, of gross
floor area. Not more than 50% of the parking
(other than basement parking) shall be under roof
or any form of artificial or structure cover.
- Parking and Garden Areas: The shaded area of each
lot, as shown on the plan, is reserved for parking
and as a garden area;
- Garden Areas: That portion of parking and garden
area used as parking shall be developed as a
garden and shall be lawned or planted to shrubs
and flowers.
- For Erf 2623 Empangeni, parking shall be provided
2
as follows - 1 Bay per 40 m gross floor area

For Erf 412-414 Empangeni - Parking and loading accommodation for motor vehicles must be provided
as per clause 6.5.

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 No walls or fences shall be erected between the lots, save for walls forming an integral part of the building
structure
4.4.2 All exterior walls of the buildings shall be constructed of calcium silicate face brick
4.4.3 All roofs shall be pitched and shall be clad with asbestos cement slate or cement tiles
4.4.4 Access to the sites from Turnbull Street shall be restricted to via Norman Tedder Lane with the exception
of access to sub 11, which shall be from Turnbull Street. Vehicular access from Union Street shall be at
the discretion of the Council
4.4.5 One dwelling unit is permitted on each site to accommodate a manager, foreman or caretaker

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

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SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 26

1. SPECIAL ZONE CREATED FOR ERF 3818 EMPANGENI

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Special Zone 18 : Limited Commercial and Office) included in the Empangeni Town
Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

COMMERCIAL WORKSHOP NONE AGRICULTURAL LAND BUILDINGS AND LAND USES

LAUNDERETTE AUTOMOTIVE SHOWROOM / NOT INCLUDED IN
OFFICE - GENERAL VEHICLE DEALERSHIP COLUMNS 1 AND 3
SHOP - GENERAL EDUCATIONAL BUILDING
FUNERAL PARLOUR
PLACE OF AMUSEMENT
PLACE OF ASSEMBLY
RECREATIONAL BUILDING
WAREHOUSE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0.35 35% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line In accordance with a site development plan

Side Spaces In accordance with a site development plan

Rear Space In accordance with a site development plan

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

2
1 parking bay per 23 m gross floor area, or major To the satisfaction of Council
portion thereof

4.4 OTHER CONDITIONS AND RESTRICTIONS

2
4.4.1 The maximum gross floor area developed for “Limited Commercial” purposes shall be 750 m and for
2
“Office” use 671 m

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5. INTERPRETATION
Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

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SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 27

1. SPECIAL ZONE CREATED FOR ERF 242 AND PORTION 1 OF ERF 248 EMPANGENI (CONSOLIDATED ERF
14179 EMPANGENI)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Special Zone 23 : Office And Warehouse) included in the Empangeni Town
Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

OFFICE - GENERAL NONE COMMERCIAL WORKSHOP BUILDINGS AND LAND USES

WAREHOUSE INSTITUTION NOT INCLUDED IN COLUMNS
LAUNDERETTE 1 AND 3
PLACE OF AMUSEMENT
PUBLIC OFFICE
SHOP - GENERAL

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,5 60% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side Spaces 2m
Rear Space 2m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

2
Office – General 1 parking bay per 23 m gross To the satisfaction of Council
Shop - General floor area, or major portion
thereof
2
Warehouse 1 parking bay per 140 m or major
portion thereof
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 Landscaping of the site to the satisfaction of the Council

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SECTION 8 : ANNEXURES TO THE SCHEME

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

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SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 28

1. SPECIAL ZONE CREATED FOR A PORTION 1 OF ERF 113 KULEKA, A PORTION OF COPPER DRIVE AND
STEELWAY RD, AND ERVEN 297, 298 & 299 KULEKA

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the Empangeni Casino (Special Zone 29 : Casino) included in the Empangeni
Town Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF COUNCIL
AUTHORITY OF COUNCIL (Consent Uses)
(Formal Authority Uses)

EDUCATIONAL BUILDING NONE AUTOMOTIVE SHOWROOM / BUILDINGS AND LAND USES

PLACE OF AMUSEMENT VEHICLE DEALERSHIP NOT INCLUDED IN
PLACE OF ASSEMBLY CARETAKER ACCOMMODATION COLUMNS 1 AND 3
RECREATIONAL BUILDING OFFICE – GENERAL
RESIDENTIAL BUILDING PARKING ERF / PARKADE
SHOP - GENERAL SERVICE STATION
CASINO

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

1,00 80% 4

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side and Rear Spaces 2m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

2
- Casino – 1 space for every 23m of the gross Provision will be made on site for loading and
floor area off-loading
- Hotel – 1 space for every bedroom together
with a suitable area wherein may be parked a
minimum of 5 cars with the addition where the
hotel holds a liquor license a further suitable
area is to be provided for 15 additional cars
together with a loading area with suitable
access to the satisfaction of Council.
- Conference Centre (hall without fixed seats) – 1
2
space for every 23 m of major portion thereof
of floor area.
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SECTION 8 : ANNEXURES TO THE SCHEME

What must be provided it therefore 188 parking bays

(124 + 64). What can be provided is 124 bays on Por 1
of Erf 113 Kuleka, plus 193 bays (plus 7 parking spaces)
on the property being leased from Council – giving a
total of 317 bays (i.e. an excess of almost 130 bays). In
addition Erf 298 and 299 are currently also being leased
from Council. Emanzini wants to purchase this land
from Council (together with Erf 297) to develop the
cultural village on, but Erven 298 and 299
(Approximately 3 800 m² in extent) are not required for
the cultural village and can be used for overflow
parking (+ 120 additional parking bays).

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 The Hotel shall have a conference facility which is available for use by the community and a craft market
which will have an amphi-theatre for cultural and other events.
4.4.2 Pedestrian walkway to be provided adjacent to the proposed Hotel site boundary to link Grantham
Highway with the businesses on Copper Drive.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

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SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 29

1. SPECIAL ZONE CREATED FOR PROPOSED PORTIONS 4-12, 14, 15, 18-36 OF ERF 16783 RICHARDS BAY
AND PORTIONS 9-15 OF ERF 11446 RICHARDS BAY (WOODLAND VILLAGE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for Woodland Village included in the Empangeni Town Planning Scheme which
could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

DWELLING HOUSE NONE NONE BUILDINGS AND LAND USES

NOT INCLUDED IN COLUMNS
1 AND 3

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,35 30% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Building Line for Portions 33, 2m
34, 35 and 36
Side and Rear Spaces 2m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

n/a n/a

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 The development shall comply substantially with layout plan 13959D dated September 2008.

4.4.2 No site used for residential purposes shall be less than 1200m² in extent.

4.4.3 Home Owners’ Associations shall be established to manage the developments, the internal roads, the
internal open space and services.

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SECTION 8 : ANNEXURES TO THE SCHEME

4.4.4 A waste collection point managed to the standards of the Municipality shall be located at a convenient
point at the entrance to each development.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

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SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 30

1. SPECIAL ZONE CREATED FOR A PORTION OF PORTION 6 OF THE FARM WILTON PARK NO. 11484 (PHASE
12 OF THE WATERSTONE ESTATE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the Equestrian Estate within Waterstone Residential Estate, included in the
Empangeni Town Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

AGRICULTURAL LAND NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

COMMERCIAL WORKSHOP PLACE OF AMUSEMENT NOT INCLUDED IN
PRIVATE RECREATIONAL USE PLACE OF ASSEMBLY COLUMNS 1 AND 3
RESIDENTIAL – DWELLING SHOP – GENERAL
HOUSE SERVICE STATION
RESIDENTIAL – MEDIUM
DENSITY
RESIDENTIAL BUILDING
RECREATIONAL BUILDING

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,35 30% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 7,5m

Side and Rear Spaces 3m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

• 2 bays per residential unit n/a
• 20 bays for visitors parking

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 A minimum parent erf area of 5 ha shall be maintained.

4.4.2 Maximum residential density of 10 units per hectare over the entire site shall be maintained.

4.4.3 An overall Site Development Plan shall be approved by the Municipality prior to development.
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SECTION 8 : ANNEXURES TO THE SCHEME

4.4.4 Provision of sewage disposal system to the satisfaction of the local authority.

4.4.5 Exercise area and stabling to be provided to accommodate horses at a ratio of 1 horse per 2 residential
units.

4.4.6 Removal of horse-related waste to the satisfaction of the local authority.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

287
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 31

1. SPECIAL ZONE CREATED FOR PROPERTIES PREVIOUSLY ZONED “SPECIAL RESIDENTIAL 4” (WATERSTONE
ESTATE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the Waterstone Residential Estate, included in the Empangeni Town
Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

RESIDENTIAL – DWELLING HOUSE ADDITIONAL DWELLING UNIT HOME BUSINESS (subject to BUILDINGS AND LAND USES NOT
restrictions as detailed in Clause INCLUDED IN COLUMNS 1 AND 3
[Link])
HOME ACTIVITY

RESIDENTIAL - MEDIUM DENSITY

SPECIAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,75 60% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 3m
Side and Rear Spaces 2m, provided that side space may be relaxed to 0m to accommodate
terrace houses

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

n/a n/a

4.4 OTHER CONDITIONS AND RESTRICTIONS

2
4.4.1 The minimum lot size shall be 240m
2
4.4.2 The minimum size of dwelling units shall be 40m
4.4.3 The depth of a lot in proportion to the frontage shall not exceed the ratio of 5 in 1 to accommodate
terrace houses.

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SECTION 8 : ANNEXURES TO THE SCHEME

4.4.4 Where the lot is exclusively used for Medium Density Housing purposes, the minimum lot are shall be
2
1800m and the maximum number of units determined by dividing the minimum lot size into the site
area.
4.4.5 Medium Density Housing site shall be subject to the provision of a sewage disposal system to the
satisfaction of the Council.

5 INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

289
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 32

1. SPECIAL ZONE CREATED FOR PROPERTIES PREVIOUSLY ZONED “GENERAL COMMERCIAL 2”

(WATERSTONE ESTATE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the Waterstone Residential Estate, included in the Empangeni Town
Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

COMMERCIAL WORKSHOP NONE AUTOMOTOVE SHOWROOM BUILDINGS AND LAND USES

INSTITUTION NOT INCLUDED IN COLUMNS
LAUNDERETTE 1 AND 3
OFFICE - GENERAL
PARKING ERF / PARKADE
PLACE OF AMUSEMENT
PUBLIC OFFICE
HOTEL
SHOP - GENERAL
WAREHOUSE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,3 80% 3

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 0m
Side and Rear Spaces 0m on ground floor : 4,5m or 1,5m per storey whichever is greater for
residential building and hotel above ground floor

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

2
1 bay per 23m of the gross floor area The provisions of this Scheme shall apply

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 F.A.R to be calculated on the gross lot area and coverage on the nett lot area. Where residential use is
incorporated in composite building, the F.A.R for residential use shall not exceed 0,50 and the total
coverage for all buildings shall not exceed 50% of the lot area.
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SECTION 8 : ANNEXURES TO THE SCHEME

4.4.2 Where a motor dealership has been consented to, the maximum permitted coverage will be 60%.
5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

291
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 33

1. SPECIAL ZONE CREATED FOR PROPERTIES PREVIOUSLY ZONED “ADMINISTRATION” (WATERSTONE

ESTATE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical DFA Application for the Waterstone Residential Estate, included in the Empangeni Town
Planning Scheme which could not be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) AND USED ONLY WITH THE AND USED ONLY WITH THE ERECTED AND USED
FORMAL AUTHORITY OF FORMAL CONSENT OF
COUNCIL (Formal Authority COUNCIL (Consent Uses)
Uses)

RESIDENTIAL - DWELLING NONE NONE BUILDINGS AND LAND USES

HOUSE NOT INCLUDED IN COLUMNS
EDUCATIONAL BUILDING 1 AND 3
INSTITUTION
PLACE OF AMUSEMENT
PLACE OF ASSEMBLY
PRIVATE RECREATIONAL AREA
PUBLIC OFFICE
RECREATIONAL BUILDING

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,5 50% 2

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line
Side and Rear Spaces

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

PARKING BAY RATIO LOADING BAYS

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 The Municipality may, at its discretion, amend the FAR, Covergae of height depending on the useage
proposed.
4.4.2 The following controls shall apply to Hospitals and Care Centres for the elderly or infimr persons:
a) FAR 0,5
b) Coverage 50%
292
SECTION 8 : ANNEXURES TO THE SCHEME

c) Height – 4 storeys
d) Parking shall be provided as follows:
• 1 bay per bed for patients and visitors;
• 1 bay per 5 employees;
• 5 bays per private practitioner in consulting rooms;
• 1 service/loading bay per 60 beds;
• 1 ambulance bay per 60 beds
e) At least 25% of the site shall not be developed and shall be landscaped to the
satisfaction of the Municipality.
f) The Municipality may, at its discretion, alter all or any of the above controls dependent
on demand or special circumstances.
5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme,
where not at variance with the foregoing, shall apply mutatis mutandis.

293
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 34

1. SPECIAL ZONE CREATED FOR ERF 1297 RICHARDS BAY

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Historical Special Zone (Annexure 33) included in the Richards Bay Town Planning Scheme which could not
be converted to a zone in terms of this Scheme.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

RESIDENTIAL - DWELLING NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

HOUSE PLACE OF WORSHIP NOT INCLUDED IN
LODGE (limited to existing SPECIAL USE COLUMNS 1 TO 3
number of rooms)

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

0,43 35% 3

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

Building Line 5m
Side and Spaces 2m or 1,5m per storey whichever is the greater

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

USE PARKING BAY RATIO LOADING BAYS

Residential - Dwelling House A double covered parking bay shall n/a
be provided for the owner of the
house and an additional six parking
bays shall be provided (one
demarcated parking bay for each
lettable room)
Any other use allowed in terms As per the provisions of this Scheme
of this zoning

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 The maximum permissible coverage, floor area ratio and height shall be restricted to the details of
Building Plan No.09070b dated 10 October 2012.

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SECTION 8 : ANNEXURES TO THE SCHEME

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to refer to
the uMhlathuze Land Use Scheme and the provisions thereof. The provisions of the Scheme, where not at variance
with the foregoing, shall apply mutatis mutandis.

295
SECTION 8 : ANNEXURES TO THE SCHEME

SPECIAL ZONE 35

1. SPECIAL ZONE CREATED FOR DESIGNATED REMAINDER OF ERF 17464 RICHARDS BAY (THE RIDGE)

2. SUMMARY – REASON FOR SPECIAL ZONE CREATED

Unique development with unique land use combinations and conditions.

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

PURPOSES FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH PURPOSED FOR WHICH
BUILDINGS MAY BE ERECTED BUILDINGS MAY BE BUILDINGS MAY BE ERECTED BUILDINGS MAY NOT BE
AND USED (Free Entry Uses) ERECTED AND USED ONLY AND USED ONLY WITH THE ERECTED AND USED
WITH THE FORMAL FORMAL CONSENT OF
AUTHORITY OF COUNCIL COUNCIL (Consent Uses)
(Formal Authority Uses)

OFFICE - GENERAL NONE EDUCATIONAL BUILDING BUILDINGS AND LAND USES

PRIVATE RECREATIONAL USE HOTEL
(except on ground floor) PLACE OF AMUSEMENT
NOT INCLUDED IN
RESIDENTIAL BUILDING (except PLACE OF ASSEMBLY COLUMNS 1 TO 3
on ground floor) PLACE OF WORSHIP
SHOP - GENERAL RECREATIONAL BUILDING
SPECIAL USE

4. CONDITIONS AND RESTRICTIONS APPLICABLE:

4.1 MAXIMUM PERMISSIBLE FLOOR AREA RATIO (FAR), COVERAGE AND HEIGHT APPLICABLE:

FLOOR AREA RATIO (FAR) COVERAGE HEIGHT

1,00 60% 8

4.2 BUILDING LINES, SIDE AND REAR SPACES APPLICABLE:

The following building lines, side and rear spaces will be informed further by a Geotechnical Assessment.
Where more stringent, the recommendations of the Geotechnical Assessment shall apply.

Building Line 7,5m

Side Spaces 4,5m or 1,5m per storey, whichever the greater
Rear Space (Ridge Line) 10m

4.3 PARKING BAY RATIO AND LOADING ZONES APPLICABLE:

As per the requirements of this Scheme.

4.4 OTHER CONDITIONS AND RESTRICTIONS

4.4.1 Development shall be in line with the recommendations of The Ridge Vision Document (May 2011);
4.4.2 Prior to construction:
(a) A Site Development and Landscape Plan shall be submitted for approval;
(b) Development shall be informed by a site-specific engineering reports relating to
- Stormwater Management;
- Geotechnical constraints and founding conditions; and
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SECTION 8 : ANNEXURES TO THE SCHEME

- Traffic Impact, which shall include an assessment of off-loading of goods to Erven

situated in Davidson Lane and the necessity for the creation of a right-of-way access
strip behind Erven 11366 and 2 to 6 Richards Bay.

5. INTERPRETATION

Where in this zone reference is made to the “Scheme” or to “Clauses”, such reference shall be deemed to
refer to the Richards Bay Town Planning Scheme and the provisions thereof. The provisions of the
Scheme, where not at variance with the foregoing, shall apply mutatis mutandis.

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