PROVINCIAL ZONING SCHEME MODEL BY-LAW

1 PROVINCIAL ZONING SCHEME MODEL BY-LAW OCTOBER 2004 2 PROVINCIAL ZONING SCHEME MODEL BY-LAW PREPARED BY: PLANNING PARTNERS IN ASSOCIATION WITH DU PLESSIS AND HOFMEYR ATTORNEYS DR. CLAASSEN OCTOBER 2004 PREAMBLE: Section 156(1) of the Constitution of the Republic of South Africa, Act 108 of 1996, confers on municipalities the executive authority and the right to administer municipal planning. Section 156(2) of the National Constitution empowers municipalities to make and administer by-laws for the effective administration of municipal planning. Section 155(6) of the National Constitution charges each PROVINCIAL government with the responsibility to inter alia support local government in its province and to promote the development of local government capacity to enable municipalities to perform their functions and manage their own affairs.

2 NOW THEREFORE it is confirmed that the Western Cape PROVINCIAL Government has made the following standard BY-LAW , which is applicable in a municipality if adopted by the Council of that municipality, and subject to any modifications and qualifications adopted by the Council. 3 MUNICIPALITY OF _____ ZONING BY-LAW Notification of the adoption of this BY-LAW is published in PROVINCIAL Gazette No. --------dated --------------- (insert number and date). Subsequent amendments to the BY-LAW are recorded in the Record of Amendments . In this BY-LAW , text printed in italics shall be regarded as a note or guideline, while text printed in normal type constitutes the BY-LAW . 4 RECORD OF AMENDMENTS PAGE DESCRIPTION OR NUMBER DATE OF LATEST ISSUE 5 CONTENTS GENERAL OVERVIEW Practical Hints The Planning and Development Management System Types of Applications Decision Making Structures Planning, Development and Environmental Management Principles Bioregional Planning PART I : ADMINISTRATION - CHAPTER 1: INTRODUCING BY LAW Commencement and validity Areas of application General purposes of ZONING Components of ZONING CHAPTER 2.

3 ADMINISTRATION AND ENFORCEMENT Procedures Requirements relating to applications Requirements relating to advertisement Requirements relating to public participation Applying for the determination of use rights Pre-application Consultation Decisions and Enforcement 2. 6 Procedures for decisions 2. 7 Conditions of approval 2. 8 Council may authorise and condone acts 2. 9 Enforcement General Administration Public scrutiny Validity of information Advisory committees CHAPTER 3: ZONING AND THE USE OF PROPERTY Base Zones and Categories of Use Use Zones Primary uses Consent Uses Uses not permitted Special uses Temporary use rights Non conforming uses General Provisions Regarding Overlay Zones The purpose of Overlay zones Procedures for establishing overlay zones Identification and numbering of overlay zones Status of overlay zones Summary of use zones and development management provisions ZONING Tables 6 PART II : INTEGRATED DEVELOPMENT PLANNING AND ENVIRONMENTAL MANAGEMENT - CHAPTER 4.

4 INTEGRATED DEVELOPMENT PLANNING AND ENVIRONMENTAL MANAGEMENT General Policy Statement Integrated Development Planning Integration of development planning and ZONING . Environmental Management Consideration of activities Assessment of environmental impact Municipal directives Conservation of trees Environmental management plan PART III: CATEGORIES OF ZONES AND DEVELOPMENT MANAGEMENT PROVISIONS- CHAPTER 5: SINGLE RESIDENTIAL ZONES Single residential zone 1: Low density (SR1) Single residential zone 2: Medium density (SR2) Single residential zone 3: Estate housing (SR3) Single residential zone 4: Incremental housing (SR4) CHAPTER 6: GENERAL RESIDENTIAL ZONES General residential zone 1: Group housing (GR1) General residential zone 2: Town housing (GR2) General residential zone 3.

5 Low rise apartments (GR3) General residential zone 4: Medium rise apartments (GR4) CHAPTER 7: BUSINESS ZONES Business zone 1: Intermediate business (B1) Business zone 2: Low intensity business (B2) Business zone 3: Medium intensity business (B3) Business zone 4: High intensity business (B4) Business zone 5: Service station (B5) CHAPTER 8: INDUSTRIAL ZONES Industrial zone 1: Light industry (IN1) Industrial zone 2: General industry (IN2) Industrial zone 3: Risk Industry (IN3) Industrial zone 4: Extractive industry (IN4) CHAPTER 9: COMMUNITY ZONES Community Zone 1: Education (C1) Community Zone 2: Place of Worship (C2) Community Zone 3: Institution (C3) CHAPTER 10: AUTHORITY ZONES Authority Zone 1: Government (AU1) Authority Zone 2: Utility (AU2) CHAPTER 11: TRANSPORTATION ZONES Transport Zone 1: Transport Usage (TR1) Transport Zone 2: Road (TR2) Transport Zone 3: Parking (TR3) 7 CHAPTER 12: CONSERVATION OPEN SPACE AND ZONES Conservation Zone 1: Wilderness Area (CON1) Conservation Zone 2: Statutory Conservation (CON2) Conservation Zone 3.

6 Non Statutory Conservation (CON3) Open Space Zone 1: Public Open Space (OS1) Open Space 2: Private Open Space (OS2) Open Space 3: Cemetery (OS3) CHAPTER 13: RESORT ZONES Resort Zone 1: Resort (RE1) CHAPTER 14: AGRICULTURE AND RURAL ZONES Agriculture Zone 1: Agriculture (AG1) Agriculture Zone 2: Agricultural Processing (AG2) Rural Zone 1: Smallholdings (RU1) Rural Zone 2: Rural Settlements (RU2) CHAPTER 15: SPECIAL ZONES Undetermined zone (UN) Special zone (SP) Subdivisional Area Zone (SA) CHAPTER 16.

7 OVERLAY ZONES Heritage area overlay zone (HAO) Environmental protection overlay zone (EPO) Bioregional Planning overlay zone (BPO) Urban edge overlay zone (UEO) Scenic drive overlay zone (SDO) Local area overlay zone (LAO) Special planning area overlay zone (SPAO) Activity spine overlay zone (ASO) Airport overlay zone (AO) PART IV: GENERAL PROVISIONS- CHAPTER 17: GENERAL PROVISIONS APPLICABLE TO ALL ZONES CHAPTER 18: PARKING, LOADING AND INFRASTRUCTURE CHAPTER 19: SUBDIVISION AND CONSOLIDATION OF LAND CHAPTER 20: INTERPRETATION AND DEFINITIONS PART V : SCHEDULES AND ANNEXURES- SCHEDULE 1 : GENERAL PLANNING AND DEVELOPMENT PRINCIPLES SCHEDULE 2 : PRINCIPLES DERIVED FROM NATIONAL LAWS, PROVINCIAL LAWS AND POLICIES SCHEDULE 3 : PRINCIPLES OF INTEGRATED DEVELOPMENT PLANNING AND ENVIRONMENTAL MANAGEMENT 8 ANNEXURES ANNEXURE A: SPECIAL ZONE ANNEXURES ANNEXURE B: HERITAGE AREA OVERLAY ZONES ANNEXURE C: ENVIRONMENT PROTECTION OVERLAY ZONES ANNEXURE D: BIOREGIONAL PLANNING OVERLAY ZONES ANNEXURE E: URBAN EDGE OVERLAY ZONES ANNEXURE F: SCENIC DRIVE OVERLAY ZONES ANNEXURE G: LOCAL AREA OVERLAY ZONES ANNEXURE H.

8 SPECIAL PLANNING AREA OVERLAY ZONES ANNEXURE I : ACTIVITY SPINE OVERLAY ZONES ANNEXURE J : AIRPORT OVERLAY ZONES 9 GENERAL OVERVIEW Members of the general public should be able, by using this document, to ascertain their respective rights and obligations regarding land use management and the use of property. The BY-LAW has been divided into 5 Parts which have been further divided into chapters, sections and sub-sections. This is done for ease of reference and to facilitate the finding of relevant provisions. Practical hints are included in this general overview in order to make the BY-LAW more user-friendly. If further assistance or clarification is required, the reader may contact the municipal planning department concerned. A brief description of the municipal planning and development management system is also provided to assist members of the public to understand the context and process by which decisions are made.

9 While there may be differences between different municipalities, the general principles will still apply. PRACTICAL HINTS If you are uncertain of the meaning of any word or phrase used in this BY-LAW , please refer to Chapter 20 which contains definitions of words and phrases used in this BY-LAW . Table A in Chapter 3 provides a summary of the various use zones and development management provisions that apply in each zone. You can use this table as a quick reference, but you must refer to the detailed conditions in the relevant use zone chapter for accuracy. The top right hand corner of each page indicates the subject dealt with on that page, so that you can find your way around the document more easily. The bottom right hand corner indicates the date on which the page was issued. When amendments are produced, as they will be from time to time, they will be listed in a Record of Amendments maintained by the municipality.

10 You will be able to check if you have the latest update by checking the amendment record issued by the municipality, against the page numbers and page dates of your copy. If you want to know more about a particular aspect, first peruse the contents list to find the heading under which the subject matter is dealt with, and then refer to the relevant pages. Every property within the municipal area has been granted a zone for purposes of managing the use of land and buildings. Property situated within a particular zone is subject to the provisions specified in that zone as well as the general provisions which apply to all zones. If you want to ascertain the ZONING or general land use rights of a property, you may obtain a ZONING certificate from the municipal planning department and/or request the municipal planning officials to furnish you with an extract from the erf register.