DIRECTORATE: SPATIAL PLANNING

AND ENVIRONMENT

CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW,

2015 (THE BY-LAW) Issued December 2019

Explanatory guide to the City of Cape Town:

Municipal Planning Amendment By-law, 2019
1. Background
New planning legislation was adopted and implemented in Cape Town on 1 July 2015, inclusive of
the City of Cape Town Municipal Planning By-law, 2015 (the by-law). The by-law also includes the
City of Cape Town Development Management Scheme (DMS), which is the zoning scheme for the
City. All land units within the City have a base zoning that determines how the land can be used,
and how the land may be developed. Zoning provisions are indicated in the DMS.

The City has approved a number of amendments to the by-law as part of its annual review process
and to give effect to the policies and strategies adopted by the City.

The latest set of amendments were adopted by Council on 31 October 2019.

Amendments were promulgated in Provincial Gazette Extraordinary No 8185 on 6 December 2019.
The effective date that the amendments will come into operation is 3 February 2020

A summary of the main changes is now provided, where after each amendment will be presented
in sequence in terms of the relevant Section numbers in the MPBL, noting that in the amendments
to the Development Management Scheme reference is given to the relevant Item numbers.

The legal version of any amendment will be contained in the Provincial Gazette Extraordinary and
not in this explanatory guide.

2. Summary of main changes

Third dwelling to be permitted as an additional use right on properties zoned Single
Residential

A third dwelling use has been included as an additional use right in the Single Residential zonings.

An additional use right means that the property owner is allowed to add a third dwelling on the
property providing it complies with the normal development rules of the property, as well as with
specified conditions as set out in item 25B.

Reference changes have been made to bed and breakfast establishment, boarding house, flats,
guest house, home occupation and house shop definitions.
Provisions to enable e-communication during development applications

The City can now use email as a means of corresponding with a person who has commented or
objected to a development application. See section 111A.

Short-term letting from a house or flat

Allowance is made for short-term letting from a dwelling unit (i.e. a dwelling house or flat) by
transient guests.

A definition of transient guest is provided.

Definition of dwelling unit is amended to include transient guests.

Regulation for boundary walls

Height and visual permeability of boundary walls are now regulated. See item 135B
Councils approved policy remains in force, in respect of the type of permitted materials for walls
and fences. Details available on the Council website.

Definition of boundary wall and height has been amended.

A new definition for visual permeability has been included.

Revised method to calculate and determine height of buildings

An additional method to determine the height of structures is applicable.

Height will no longer be measured from a base level as an imaginary plane, but rather from all
points above the existing ground level. A specified height above existing ground level can be seen
as a ‘parallel’ plane to the existing ground level.

All references to base level have been changed to existing ground level.

Definition for existing ground level has been amended.

Reference to vertical division have been removed from the by-law.

The by-law already provides for a number of alternative determinations for existing ground level.
The City will now add to these alternatives by producing a ground level map that will apply to all
land in the Municipality of Cape Town. This map will be the subject of further public participation.
The adopted map of ground levels for the City will become the benchmark for height determination
of all buildings.

Minor freestanding and minor rooftop telecommunication infrastructure in certain zonings

Properties zoned as Community, Utilities; Transport, Public Open Space, and Agriculture, are now
permitted to install a minor freestanding mast and minor rooftop mast as of right.

A minor rooftop structure is permitted with the approval of the City in properties zoned as Single
Residential and General Residential

Definitions for the infrastructure are provided.

Transitional provisions for approved amendments to the by-law

The transitional clause confirms that amendments to the by-law cannot be applied retrospectively.
This means that those applications that have been accepted for assessment by the City must be
considered and finalized in terms of the provisions in the by-law as it was at the time the application
was accepted.
See new subsection 142(9)

APPLICABILITY OF MPBL
LAND USE AMENDMENTS FROM
3 FEBRUARY 2020

An approval, where final notification has been issued, that has not NO
been acted upon and is still within its validity period
Application for extension of validity where section 74(a) acceptance YES
has not been issued
Applications still being processed, where section 74(a) acceptance NO
has been issued prior to the effective date, and amended or
supplementary applications are submitted after the effective date
for the proposal submitted. (If a different proposal is submitted, then
the amended MPBL will become applicable)
Applications still being processed, where section 74(a) acceptance YES
has not been issued prior to the effective date

APPLICABILITY OF MPBL
BUILDING PLANS AMENDMENTS FROM
3 FEBRUARY 2020

Building plan approval already granted (regardless of whether works NO

have commenced) and is still within its validity period
Application for extension of validity of a building plan YES
(unless plan is to act upon a land use approval that was finalised in
of the MPBL as it existed prior to the amendments)
Building plan application submitted in order to act upon a land use NO
approval finalised in terms of the MPBL as it existed prior to the
amendments
A building plan (including minor deviations) submitted that was not YES
the subject of a land use approval finalised in terms of the MPBL as it
existed prior to the amendments
Increase of validity period of some application types from 2 years to 5 years

The default validity period is now standardised to be 5 years for land use applications.
Extension of time of validity period is also 5 years for land use applications.
(the above does not apply to a temporary land use departure).
See amended section 38

Prescribed form for objections and appeals

Objections to an application, or an appeal against a decision made in terms of the by-law need
to be submitted on a standardised form.

The intention of the standardised form is to ensure that the objection or appeal provides the City
with the relevant and required information. A standard form will also ensure clarity and a better
understanding of the formal requirements for an objection or appeal set out in the by-law.

These forms will be made available prior to the effective date and be available on the City Website
and from District offices.

Departure from development rules in subzones

See Item9(2)
An application can now be made for a departure to alter the development rules relating to
permitted floor space or height that does not exceed 10% of the maximum height or floor space of
the existing subzone.

Minimum off street parking requirements

See item 138

Minimum parking requirements have been reduced for the following land use categories:
Flats
Boarding house & guest house
Backpackers lodge
Hotel
Retirement home & orphanage
Crèche
Place of instruction
Gymnasium & Health club
Clinic, medical consulting rooms, veterinary practice
Shops
Supermarket
Restaurant
Motor showroom
Industry

Minimum parking requirements have been increased for the following land use categories:
Motor repair garage, service station
Motor fitment centre

Minimum parking requirements have been added for the following

Third dwelling
Self-storage

####
3. Amendments to the by-law

CAPE TOWN MUNICIPAL PLANNING AMENDMENT BY-LAW, 2019

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate deletions from existing enactments.

Words underlined with a solid line indicate insertions in existing enactments.

Words in italics are explanatory text.

Council approval is the date in which City approved the amendments.
Publication date is the date of publication of the MPBL,2019 amendments in the Provincial Gazette.
Effective date is the date from which the amendment become applicable.

Section 1 Definitions either insertion or amended.

Definition insertion.
“’certificate of registered title’ has the meaning contemplated in the Deeds Registries Act No. 47 of
1937.”

Definition amended.
“‘land unit’ means a portion of land registered or capable of being registered in a deeds registry and
may include[s] a portion of land to which a registered servitude right or registered lease relates;”

Definition amended to delete the exclusion of servitudes creating real or personal rights.
“‘restrictive condition’ means any condition registered against the title deed of land restricting the
use, development or subdivision of land concerned [, excluding servitudes creating real or personal
rights];”

Section 38 amended to ensure consistency of lapsing provision timeframes in the By-law to be 5 years. This
lapsing provision is applicable to decisions that have already been made prior to the effective date of the
MPBL, 2019 amendments.

“38(1) Unless otherwise specified in this By-Law, an approval granted or deemed to have been
granted in terms of this By-Law to use or develop land lapses [two] five after the effective date of
decision.
38(2) An applicant may apply in terms of and subject to the requirements of section 107 for an
extension of the validity periods contemplated in subsection (1), save that an extension may not
exceed [two] five years from the date that the original approval lapses.”

Section 42 amended and insertion to change ‘deletion’ to ‘removal ‘of restrictive condition for consistency;
to refer to street name alterations to be as contemplated in terms of section 136 for clarity; to include as an
application type section 55(4)(b) requests for building structures prior to a subdivision registration.

“42(g) amendment, suspension or [deletion] removal of a restrictive condition;

42(q) alteration or amendment of a street name or number as contemplated in section 136
42(v) approval in terms of section 55(4)(b) of this By-Law.”

Section 49A insertion to clarify when the City may grant or not grant an application in terms of the By-law for
a use or development of land that would conflict with a restrictive condition or servitude.

“49A Application for the use or development of land that would conflict with a restrictive condition or
a servitude

(1) The City may not grant an application in terms of this By-Law for the use or development of land
that would conflict with a restrictive condition or a servitude which is a condition of approval
imposed in terms of this By-Law, the Ordinance or the Townships Ordinance 33 of 1934.
(2) The City may grant an application contemplated in subsection (1) if it simultaneously grants
applications to –
 (i) amend or remove such condition of approval; and
(ii) amend, suspend or remove such restrictive condition or servitude.
(3) The City may grant an application in terms of this By-Law for the use or development of land that
would conflict with a restrictive condition or a servitude which is not a condition of approval
imposed in terms of this By-Law, the Ordinance or the Townships Ordinance 33 of 1934.”

Section 54 amended to clarify that the City regards a ‘certificate of registered title’ in terms of the Deeds
Registries Act to be subject to the same provisions and approval requirements from the City for transferring of
a land unit. Certificate of registered title is now defined in the MPBL.

“54(1) No person may obtain transfer of a land unit or certificate of registered title of a land unit arising
out of an approved subdivision or phase of a subdivision approved by the City unless –; and
54(2) No person may obtain transfer of a land unit arising out an approved subdivision or certificate
of registered title of a land unit, unless the City Manager has issued a transfer certificate contemplated
in section 137.”

Section 67 insertion and amendment to permit 3 additional scenarios where exemptions from the need for a
subdivision or consolidation approval can be requested; and to clarify the situations where the exemptions
do not apply with regard to the movement of engineering services.

“67(1)(g) the registration of a servitude or lease for the provision or construction of –

(vii) the granting of a right of way providing that it is located further than 30m from a
common boundary to adjoining land, unless such adjoining land is owned by a
beneficiary to the servitude or lease;
(viii) provision of parking as contemplated in item 138; or
(ix) a reservoir or dam more than 30m away from a common and street boundary.”

“67(5)(b) when engineering services must be moved [or provided] as a result of a subdivision or
consolidation;”

Section 71(1)(m)(x) deletion of the requirement that ‘street furniture’ must be indicated on a subdivision plan,
as this is deemed to be not always necessary or is impractical in large scale developments.

Section 73(1)(c) amended to delete “or contains manifestly incorrect information” as this is already covered
in the need to comply with Section 71.

“73(1)(c) the application does not comply with an information specification[,] or lacks necessary
information required in terms of section 71 [or contains manifestly incorrect information]; “

Section 74 amended to allow more efficient acknowledge receipt of an application.

“74 If the City accepts the application, the City Manager must –
(a) acknowledge receipt of [an] the application [either by means of a stamp on the
submitted application on the day of receipt or in writing];
(b) within 7 days after acknowledgement of receipt of the application or such further period
as may be agreed in writing either –
(i) call for additional information or fees; or
(ii) notify the applicant that the application is complete.”

Section 79(5) deletion that allowed an exemption of an application from a public notification process under
specific circumstances. As these specific circumstances could not be achieved in practice the reference has
been deleted from the Bylaw.

Section 84(5)(b) amendment of grammar only.

Section 90 amended so that an objection in terms of the MPBL must be submitted on a prescribed form. This
is intended to direct a potential objector to formulate a more meaningful input. This will also allow for greater
consistency of submissions to assist decision making.

“90(5) A person who submits an objection, comment or representation must provide on the prescribed
form –
 (a)
(b)etc.”

Section 95 amended to give clarification of the intent relating to access to information regarding an
application.

“95(3) A record file created by the City concerning [the] an application is available for inspection by
the public during office hours at any stage during the processing of the application if not being used
by the Department and copies are available to the public on payment of the fee prescribed by the
City’s Tariff, fees and charges book.”; and
95(4) After a decision has been taken, copies of the decision and conditions imposed are available
to the public on payment of the fee prescribed by the City’s Tariff, fees and charges book.”

Section 99 amended by rationalising and streamlining the process of how and when criteria must be taken
into account when deciding on an application. No substance changes have been made. Minor departures
from subzonings can now be made without the necessity to rezone which requires an amendment to section
99(d). As Section 99 is so important for decision making purposed the full section with amended wording is
included below.

“99 Criteria for deciding application

(1) An application must be refused if the decision-maker is satisfied that it fails to comply with the
following minimum threshold requirements –
[(a) the application must comply with the requirements of this By-Law;]
(b) the proposed [land] use or development of land must comply with or be consistent
with the municipal spatial development framework, or if not, a deviation from the
municipal spatial development framework must be permissible;
[(c) the proposed land use must be desirable as contemplated in subsection (3); and]
(d) (i) subject to subparagraph d(ii), in the case of an application for a departure to alter
the development rules relating to permitted floor space or height, approval of the
application would not have the effect of granting the property the development rules
of the next subzone within a zone[.];
(ii) the approval of an application for a departure to alter the development rules
relating to permitted floor space or height that does not exceed 10% of the maximum
height or floor space of the existing subzone does not trigger the minimum threshold
requirement.;

(2) If an application is not refused under subsection (1), when deciding whether or not to
approve the application, the decision maker must consider all relevant considerations including,
where relevant, the following –
(a) any applicable spatial development framework;
(b) relevant criteria contemplated in the development management scheme;
(c) any applicable policy or strategy approved by the City to guide decision making,
which includes the Social Development Strategy and the Economic Growth Strategy;
(d) the [extent of] desirability of the proposed [land] use or development of land as
contemplated in subsection (3);
(e) impact on existing rights (other than the right to be protected against trade
competition);
(f) in an application for the consolidation of land unit –
(i) the scale and design of the development;
(ii) the impact of the building massing;
(iii) the impact on surrounding properties; and
(g) other considerations prescribed in relevant national or provincial legislation, which
includes the development principles as contained in section 7 of the Spatial Planning
and Land Use Management Act, 2013 (Act no. 16 of 2013);
(h) whether the application complies with the requirements of this By-law.

(3) The following considerations are relevant to the assessment [under subsection (1)(c) of
whether, and] under subsection (2)(d) of the desirability of [extent to which,] the proposed [land] use
or development of land [would be desirable] –
(a) socio-economic impact;
(b) …
(c) …
 (d) compatibility with surrounding uses;
(e) impact on the external engineering services;
(f) impact on safety, health and wellbeing of the surrounding community;
(g) impact on heritage;
(h) impact on the biophysical environment;
(i) traffic impacts, parking, access and other transport related considerations; and
(j) whether the imposition of conditions can mitigate an adverse impact of the proposed
[land] use or development of land.

(4) An application in respect of an existing use or construction work which has commenced in
contravention of this By-Law must be dealt with in terms of section 130.

(5) No decision required to be made in terms of this By-Law may be delayed pending the
creation of a policy to guide decision-making on the matter. “

Section 105(4) deletion that allowed an application to be submitted to the City to suspend the operation of
a decision pending the outcome of an administrative review before a competent court.

Section 108 amended so that an appeal in terms of the MPBL must be submitted on a prescribed form. This is
intended to direct a potential appellant to formulate a more meaningful input. This will also allow for greater
consistency of submissions to assist decision making.

“108(1) A person contemplated in subsection (2) and an applicant contemplated in section 103 may
appeal to the appeal authority by giving written notice of the appeal and grounds of appeal and by
completing and signing the prescribed form.”

Section 109 amended to clarify the intent of the specific subsections and in which situation a person can
provide comments on an appeal.

“109(2) No later than 14 days after an appeal is lodged, the City Manager must give notice of the
appeal to, and invite comment on the appeal in writing within 21 days from –
(a) the applicant if the applicant is not the appellant; [and] or;
(b) any person who submitted an objection to, comment on or representation about the
application if the applicant is the appellant. “

Section 111A insertion to provide additional options to the method of serving notifications.

“111A Further notifications

If a person submits an objection, comment or representation to an application advertised in terms of

this By-law by email, the City will deem the use of email to be consent to being notified by email at
that email address as provided for in section 111(3).”

Section 120 amended to allow the City to determine that the Municipal Planning Tribunal can have panels to
consider applications without necessarily be bound geographically or by a category of application type.

“120(3) The Municipal Council may determine that the Municipal Planning Tribunal [must] constitute
itself to comprise one or more panels to determine applications[, with each panel designated
to determine an application relating to land in a particular geographic area of the city and/or
a particular type or category of application].”

Section 130 amended to allow the City to prescribe certain contraventions for which administrative penalties
contemplated in this section would not be required. Such prescriptions will be subject to a further public
participation process.

“130(5) The City may prescribe a category of contraventions of this By-law to which the provisions of
section 130(2) and (3) do not apply.”.
Section 137 amended to clarify that a certificate of registered title is also subject to these requirements of this
section.
 “137(1) A transferor intending to effect the first registration of transfer of a land unit or to obtain a
certificate of registered title which arises out of an approved subdivision within the geographic
area of the City must provide the City Manager with proof to the satisfaction of the City
Manager that all the further requirements contemplated in section 54(1) have been met.”

Section 140 insertion provides for exemptions from the Bylaw that can only be applicable in the circumstances
provided for in section 60(1) of LUPA.

“140(2) Subject to section 60(1) of the Land Use Planning Act, the City may in writing exempt a person,
group of persons or an area of land within the area of jurisdiction of the City from the
application of a provision or the whole of this By-Law for a specified period and the exemption
may be subject to a condition stated in the exemption, and the City may withdraw or amend
the exemption at any time.
140(3) The City must publish an exemption on its website.”.

Section 142 insertion to clarify general transitional arrangements whenever an amendment By-law is
introduced. If an application has been accepted by the City in terms of section 74(a) prior to the
amendments coming into operation, then that application will be finalised in terms of the MPBL that existed
at the time of acceptance. Proposals with applications submitted after the amendments come into operation
will be subject to the new MPBL.

Applicants may withdraw applications currently being processed at any time and, if necessary, submit new
applications in terms of the amended MPBL should they consider it to be more favourable to their proposed
development.

Building plans submitted in accordance with a plan that was the subject of a successful development
application accepted in terms of section 74(a) will be considered to be zoning scheme compliant in respect
of that building plan application. Should, however, amended building plans be submitted then the amended
DMS will become applicable. Note that building plans that were not submitted to act upon a land use
approval, either after the amendment effective date or those building plans submitted but still awaiting
approval on the date that the amendments come into operation, will require to be compliant with the
amended DMS.

“142(9) Notwithstanding any amendment to this By-Law which may come into effect, an application
that has already been accepted by the City in terms of section 74(a) before the date that the
amendments become effective, will be processed and considered in terms of the legislation
as it existed at the time of acceptance.”

AMENDMENT OF SCHEDULE 3:
DEVELOPMENT MANAGEMENT SCHEME

Item 1 Definitions

Definitions deleted as new determination of height is introduced in these amendments.

‘average ground level’
‘base level’

Definitions amended to incorporate a third dwelling now permitted as an additional use in the SR1 &
2 zonings. Operation is not limited to the owner of the property.
“‘bed and breakfast establishment’ means a dwelling house, [or] second dwelling or third dwelling in
which the [owner] occupant of the dwelling supplies lodging and meals for compensation to transient
guests who have permanent residence elsewhere; provided that:
(a) the dominant use of the dwelling unit[house] concerned remain for the living accommodation
of a single family; and
(b) the property complies with the requirements contained in this development management
scheme for a bed and breakfast establishment;”
“’boarding house’ means a building where lodging is provided, and may incorporate cooking, dining
and communal facilities for the use of lodgers, together with such outbuildings as are normally used
therewith; and includes a building in which rooms are rented for residential purposes, youth hostel,
backpackers’ lodge, guest house, home for the aged, handicapped or orphaned and residential
club; but does not include a hotel, dwelling house, second dwelling, third dwelling or group house;”

Definition amended to incorporate wording to be in line with the new boundary wall height and public
visual interface included in a new General Provision 136B.
“‘boundary wall’ means any wall[,] or fence [or enclosing structure] erected on or next to a cadastral
[property boundary] line [and] with any other structure[, including security devices, such as spikes,
barbed wire, razor wire or electric fences,] affixed to [or on] the top of a boundary wall, which serves
as a division between properties;”

Definition amended so that a Braai room is now considered to be part of any dwelling unit on the land
unit rather than limited to the main dwelling.
“‘braai room’ means a room which is part of a dwelling unit [the main dwelling] or outbuilding[s] and
is used primarily for entertainment purposes and where food and drinks may be prepared, but
excludes a kitchen;”

Definition insertion for purposes of a new contour map that will be produced by the City that will be
the primary source of determining existing ground level for the purposed of height calculation.
“’City of Cape Town Ground Level Map’ means a map approved in terms of the development
management scheme, indicating the existing ground level based on floating point raster’s and a
contour dataset from LiDAR information available to the City; “

Definition amended so that the domestic staff quarter is no longer limited to staff employed in the
main house, however the approval of the City is required for more than one staff quarter on any one
land unit.
“‘domestic staff quarters’ means an outbuilding which has a floor space of not more than 50 m²,
including sanitary and cooking facilities, and used for the accommodation of domestic staff
employed at the dwelling unit [house] concerned; provided that:
(a) no more than one domestic staff quarters is allowed on a land unit without the approval of the
City; and
(b) the domestic staff quarters may only have its own individual section within a sectional title
scheme if it is legally tied to the dwelling unit concerned;”

Definition amended to incorporate transient guests (see new definition) who may use a dwelling unit.
“‘dwelling unit’ means a self-contained, interleading group of rooms, with not more than one kitchen,
used for the living accommodation and housing of one family or a maximum of 5 transient guests,
together with such outbuildings as are ordinarily used therewith, but does not include domestic staff
quarters, or tourist accommodation or accommodation used as part of a hotel;”

Definition amended to include specific reference to a ground level map that will be the preferred
method of determination of existing ground level.
“‘existing ground level’ means the level of the land surface on a land unit as depicted on the City of
Cape Town Ground Level Map. If this map has not been approved or is not applicable to a specific
land unit(s), as determined by the City, then the following will apply to determine the level of the land
surface on a land unit:
(a) in its unmodified state, before any building had been erected or alterations in levels had been
made thereon; or
(b) [as] established from a plan indicating the contours of the land lodged with and accepted by
an official agency such as the municipality or a government department, which depicts the
existing level of the ground at or before the commencement date; or
(c) in a state which has been graded, with the City’s approval, for the purpose of development;
or
(d) as determined by the City, if in its opinion it is not possible to ascertain the existing level of the
ground due to irregularities or disturbances of the land; and
the City may require the owner or applicant to commission a registered surveyor to measure levels
of the ground or interpolate levels, which shall be tied to the National Control Network, or where
this is not possible, to provide at least two durable reference marks suitably located, in order to
 provide the City with sufficient information so that it can determine the most appropriate existing
ground level for the purpose of administrating this development management scheme;”

Definition amended to obviate conflict due to a third dwelling now being permitted as an additional
use in the SR1 & 2 zonings.
“‘flats’ means a building containing three or more dwelling units, together with such outbuildings as
are ordinarily associated therewith but excludes a dwelling house, second dwelling and third dwelling
[; provided further that in those zonings where flats are permissible, a building with less than three
dwelling units shall also be permissible in a building approved for flats or purposes other than for flats];”

Definition amended to clarify passageway exclusions in floor space calculations that are applicable
in certain zonings.
“‘floor space’ in relation to any building means the area of a floor which is covered by a slab, roof or
projection; provided that:
(a) any basement or part of a basement not intended as habitable space shall be excluded;
(aA) any area which is reserved solely for parking or loading of vehicles shall be excluded;
(b) external entrance steps and landings, any canopy, any stoep and any area required for
external fire escapes shall be excluded;
(bA) portions of passages, access ways and fire escapes [not wider than] up to 1,5m in width in a
building on a land unit with a zoning other than Single Residential Zoning 1 and 2, Community
Zoning 1 and 2, Agricultural Zoning and Rural Zoning, provided that they connect directly
from the fire escape, vertical circulation to the entrance doors or both, shall be excluded;
(c) a projection including a projection of eaves, and a projection which acts as a sunscreen or
an architectural feature, which projection does not exceed 1 m beyond the exterior wall or
similar support, shall be excluded;
(d) any uncovered internal courtyard, lightwell or other uncovered shaft which has an area in
excess of 10 m² shall be excluded;
(e) any covered paved area outside and immediately adjoining a building at or below the
ground floor level, where such paved area is part of a forecourt, yard, external courtyard,
pedestrian walkway, parking area or vehicular access, and which is permanently open to
the elements on at least the front or long side, shall be excluded;
(f) any covered balcony, verandah or terrace which, apart from protective railings, is
permanently open to the elements on at least the front or long side, and which does not
exceed 2,5 m in width, shall be excluded;
(g) subject to paragraph (h) below, any stairs, stairwells and atriums that are covered by a roof
shall be included;
(h) in the case of multi-level buildings, any stairwells, liftwells, lightwells or other wells, and any
atrium, shall only be counted once;
and provided further that floor space shall be measured from the outer face of the exterior walls
or similar supports of such building, and where the building consists of more than one level, the
total floor space shall be the sum of the floor space of all the levels, including that of basements;”

Definition amended to remove obsolete reference to average ground level.

“’ground level’: see [‘average ground level’ and] ‘existing ground level’”;

Definition amended to incorporate a third dwelling now permitted as an additional use in the SR1 &2
zonings. Also, the number of rooms becomes a primary criterion in defining a guest house.
“‘guest house’ means a dwelling house, [or] second dwelling or third dwelling which is used for the
purpose of supplying lodging and meals to transient guests for compensation, in an establishment
which exceeds the [restrictions] allowable number of rooms of a bed and breakfast establishment,
and may include business meetings or training sessions by and for guests on the property;”

Definition amended to be applicable to a boundary wall which now has development rules
incorporated into the DMS. Also to improve width of lift shaft to accommodate stretcher lift
dimensions.
“‘height’ of a building or boundary wall means a vertical dimension from a specified level to another
specified level, as set out in the development rules of a zoning, measured in metres; provided that the
following shall not be counted for the purpose of height control –
(a) chimneys (maximum horizontal dimension of 1,5m),
(b) flues (maximum horizontal dimension of 1m),
 (c) lift shafts (maximum horizontal dimension of [2,5] 3m and maximum vertical dimension of 2m
per lift shaft),
(d) masts, and
(e) antennas [shall not be counted for the purpose of height control];”

Definition insertion for new land use category incorporated into the new Scheduled Public Transport
Accessibility Overlay Zoning (SPTAO).
“‘high intensity residential land unit’ means a land unit, with a base zoning of either Single Residential
Zoning 1 or Single Residential Zoning 2, where more intensive land uses than those provided for in the
base zoning are promoted, as demarcated on a scheduled public transport accessibility map
approved by the City from time to time;”

Definition amended to clarify that home child care is not limited to a dwelling house.
“‘home child care’ means the use of portion of a dwelling [house] unit or outbuilding[s] by the
occupant to provide day care, after school care or instruction for a limited number of infants or
children;”

Definition amended to incorporate a third dwelling now being permitted as an additional use in the
SR1 &2 zonings.
“’home occupation’ means the practicing of an occupation or the conducting of an enterprise from
a land unit, dwelling house, second dwelling, third dwelling, dwelling unit or outbuilding by one or
more occupants who reside on the property and includes the sale of alcoholic beverages via internet
or any other electronic means provided no alcoholic beverage is stored, received or dispatched from
the property;”

Definition amended to incorporate a third dwelling now being permitted as an additional use in the
SR1 &2 zonings.
“‘house shop’ means the conducting of a retail trade from either a dwelling house, second dwelling,
third dwelling or outbuilding by one or more occupants who shall reside on the property;”

Definition insertion for new land use category incorporated into the new Scheduled Public Transport
Accessibility Overlay Zoning (SPTAO).
“’ low intensity residential land unit’ means a land unit, other than a high intensity residential land unit,
with a base zoning of either Single Residential Zoning 1 or Single Residential Zoning 2, where more
intensive land uses than those provided for in the base zoning are promoted, as demarcated on a
scheduled public transport accessibility map approved by the City from time to time;”

Definition insertion for new land use category.

“‘minor freestanding base telecommunication station’ means a freestanding support structure on land
or anchored to land and used to accommodate telecommunication infrastructure and may be
attached to street lamps, traffic lights, road directional signage, camera poles and flag poles or similar
support structure; provided that –
(a) it may not exceed 12m in height measured from existing ground level or road surface or
pavement as the case may be or a diameter of 300mm for the post or support structure to
which the antenna is to be attached;
(b) a screened container for antennas which must be part of the post or support structure may
not exceed a vertical dimension of 2m, or diameter of 500mm; and
(c) an equipment container may not exceed 1m x 1m x 1m cube above existing ground level;”

Definition insertion for new land use category.

“‘minor rooftop base telecommunication station’ means a concealed support structure integrated
with the roof, side or any other part of a building and used to accommodate telecommunication
infrastructure, which does not exceed a vertical dimension of 1,5m above the top of the roof;”

Definition amended to remove obsolete reference to average ground level.

“‘natural ground level’: see [‘average ground level’ or]‘existing ground level’;”

Definition amended to simplify and improve clarity.

“‘outbuilding’ means a structure, whether attached or separate from another structure on a land unit,
ordinarily used in connection with the lawfully permitted uses on a land unit[from the main building,
which is normally ancillary and subservient to the main building on a land unit, and includes a building
which is designed to be used for the garaging of motor vehicles, and any other normal activities in so
far as these are usually and reasonably required in the connection with the main building; as well as
domestic staff quarters in the case of a dwelling house, but does not include a second dwelling];”

Definition amended to improve clarity on practical accessibility to a parking bay.

“‘parking bay’ means an area measuring not less than 5 m by 2,5 m for perpendicular or angled
parking and 6 m by 2,5 m for parallel parking, which is clearly identified [and], demarcated and
accessible for the parking of one motor vehicle and may be provided in the form of a garage or
carport[, and which is accessible for easy and safe vehicle movement];”

Definition amended to improve and provide clarity.

“‘pergola’ means any unroofed horizontal or approximately horizontal grille or latticed framework and
associated vertical support structure, to provide shade or structure to support vegetation growth [such
that the area in the horizontal projection of the solid portions thereof does not exceed 25% of the total
area thereof];”

Definitions amended to differentiate from the new toll road land use.
“‘public road’ means any highway, thoroughfare, lane, footpath, sidewalk, alley, passage, bridge or
any other place of a similar nature or any portion thereof, other than a toll road, serving as a public
right of way, whether for vehicles or pedestrians, established or proclaimed in terms of the former
Municipal Ordinance, 1974 (Ordinance 20 of 1974) or any equivalent current municipal by-law and/or
national legislation and includes a public street;”

“‘public street’ means any land indicated on an approved general plan, diagram or map, other than
a toll road, as having been set aside as a public right of way, whether for vehicles or pedestrians or
public or urban squares, of which the ownership is registered in favour of or vests in the municipality in
terms of this By-Law or any other law;”

Definition insertion to cater for new use relating to recreational vehicles.

“’recreational vehicles and watercraft’ means any mobile vehicle, such as a caravan, mobile home,
trailer and any water-borne vehicle, such as a ship, boat and yacht;”;

Definition insertion as part of the Scheduled Public Transport Accessibility Overlay Zoning (SPTAO).
“’scheduled public transport accessibility map’ means a map identifying high intensity and low
intensity residential land units;”

Definition amended by deleting unnecessary section.

“‘second dwelling’ means another dwelling unit which may, in terms of this development
management scheme, be erected on a land unit where a dwelling house is also permitted; and such
second dwelling may be a separate structure or attached to an outbuilding or may be contained in
the same structure as the dwelling house; [provided that:
(a) the second dwelling shall remain on the same land unit as the dwelling house; and
(b) the second dwelling shall comply with the requirements specified in this development
management scheme;]”

Definition insertion for clarity.

“‘service bay’ means an area where vehicles are worked on; and includes pits, hydraulic hoist areas,
wash bays and similar areas but excludes a parking bay;”

Definition amended to confirm the use is only permitted in Single Residential zoning and in relation to
control on building materials.
“‘shelter’ means a structure [and unit of accommodation] intended for human occupation, as
provided for in the Single Residential Zoning 2 [constructed of any material whatsoever, even though
such material may not] that does not comply with [the standards of durability intended by] the
National Building Act;”

Definition insertion for clarity in existing definitions of building and floor space.
“‘stairs’ means a series of steps that lead from one level to a different level in a building or structure;”
 Definition insertion for new land use
“‘toll road’ means a highway, or portion thereof, whether with or without any bridge or tunnel thereon,
upon which the driving or use of at least some vehicles by some users of the highway is conditional on
the payment of a toll and includes ancillary structures;”

Definition insertion for reference in amended definition of dwelling unit.

“‘transient guest’ means a person who is provided temporary accommodation on a land unit that is
not their permanent place of residence, for a continuous period not exceeding 30 consecutive days
at a time;”

Definition insertion to include other uses associated with utility service.

“‘utility service’ means a use or infrastructure that is required to provide engineering and associated
services for the proper functioning of urban development and includes a water reservoir and
purification works, electricity substation and transmission lines, stormwater retention facilities, and a
waste-water pump station and treatment works, recycling facility, dumpsites and minor freestanding
and rooftop base telecommunication station, but does not include road, wind turbine infrastructure
or transport use;”

Definition deleted as new determination of height is introduced in these amendments.

‘vertical division’

Definition insertion for inclusion in the new development rules relating to boundary walls.
“’visually permeable’ means the extent to which visibility through a boundary wall is possible and
consists of voids, fencing, painted steel palisade, wire, cast iron work, steel railings or similar materials;”

Item 3A insertion of method of approval and availability of the ground level map

“3A Approval of a ground level map

The City must approve and may amend from time to time a ground level map after following a public
participation process. A notice of its decision must be published on the City’s website and in the
Provincial Gazette.”

Item 7 amended to simplify which development rules are applicable when a consent use is approved.

“7(1) [When a consent use is approved, the following shall apply:

(a) If such consent use as listed in a specific zoning is a primary use in another zoning, it shall be
subject to the most restrictive development rules operating either in such other zoning or in that
zoning;
(b) If such consent use as listed in a zoning is not a primary use in another zoning, it shall be subject
to the development rules in that zoning;
(c) The consent use shall be subject to any development rule imposed as a condition in the
approval;] A consent use is subject to the development rules in the base zoning unless other
development rules are imposed as conditions of approval.”.

Item 9 amended to allow for minor departures from subzonings to be made without the necessity to rezone.

“9(2) A rezoning application must be submitted if the change contemplated in sub-item (1) is
equivalent to or greater than the permitted floor space or height of the next most intensive
subzoning. This provision is not applicable in the case of an owner applying for a height or floor
space departure that does not exceed 10% of the maximum height or floor space of the
existing subzoning.”.

Item 18 deleted as it incorrectly referred to the National Heritage Resources Act regarding deeming of
heritage areas in terms of Heritage Protection overlay Zones.
 Item 20 amendment substitution for the Table A: Summary of the zonings and development rules in the
following table:

“Table A: Summary of the zonings and development rules

MAXIMUM HEIGHT
LAND ABOVE [BASE]
SINGLE MAXIMUM BUILDING LINES STREET
UNIT FLOOR EXISTING OTHER
RESIDENTIAL FLOOR COVERAGE CENTRELINE
AREA FACTOR GROUND LEVEL PROVISIONS
ZONINGS SPACE SETBACK
(m2) To To top Street Common
wallplate of roof boundary boundaries

SINGLE >2 000 N/a 1 500 m² N/a 9,0 m 11,0 m 6,0 m 6,0 m N/a Window and
RESIDENTIAL door
ZONING 1: >1 000 N/a 1 500 m² N/a 9,0 m 11,0 m 4,5 m 3,0 m placement
CONVENTIONAL up to Garages,
HOUSING (SR1) 2 000 carports and
outbuildings
PRIMARY USES >650 N/a 1 500 m² N/a 9,0 m 11,0 m 3,5 m 3,0 m Parking and
Dwelling house, up to access
private road and 1 000 Additional use
additional use rights – home
rights occupation,
>350 1,0 N/a N/a 8,0 m 10,0 m 3,5 m 0,0 m (12,0 bed and
ADDITIONAL USE up to m from breakfast
RIGHTS 650 street and establishment,
Second dwelling; 60%) and second
third dwelling; 3,0 m rest dwelling, third
Home occupation dwelling and
or bed and >200 1,0 N/a 75% 8,0 m 10,0 m [3,5] 1,5 m 0,0 m [(12,0 home child
breakfast up to m from care
establishment or 350 street and
home child care 60%) and
3,0 m rest]
CONSENT USES
Utility services, ≤200 1,0 N/a 75% 8,0 m 10,0 m 1,0 m 0,0 m [(12,0
place of instruction, m from
place of worship, street and
house shop, 60%) and
institution, guest 3,0 m rest]
house, minor
rooftop base
telecommunication Refer to Refer to Refer to item Refer to Refer to Refer to Refer to
station, rooftop item item 22(b) 22(h) item item item 22(d) item 22(d) &
base 22(a) 22(c) 22(c) & 22(e) 22(e)
telecommunication
station, wind
turbine
infrastructure, open
space, urban
agriculture, halfway
house and
veterinary practice

SINGLE RESIDENTIAL 1,0 N/a N/a 6,0 m 8,0 m Formal Formal N/a Parking and
ZONING 2: INCREMENTAL dwelling dwellin township: township: access
HOUSING (SR2) units; g units; 1,0 m 0,0 m for House shop
60% and Shelter
PRIMARY USES 1,0 m for Informal
Dwelling house, second remainder; trading
dwelling, utility service, private 2,5 m Third dwelling
road, urban agriculture, open between Land
space and additional use rights shelters and constructed as
other or identified for
ADDITIONAL USE RIGHTS buildings roads
Shelter, house shop, home Land used as
occupation, bed and breakfast 8,0 m 10,0 m No formal No formal or identified for
establishment, home child other other township: township: firebreaks
care, informal trading, third buildings building 1,0 m 3,0 m on Approval of
dwelling and any educational, s perimeter; building plans
religious, occupational or 2,5 m
business purpose subject to between
conditions shelters and
other
CONSENT USES buildings
Group housing, boarding
house, place of worship,
institution, clinic, place of Refer to Refer to Refer to Refer to Refer to
assembly, place of instruction, item item item Item 27(c) Item 27(c) &
office, restaurant, guest house, 27(a) 27(b) 27(b) & 27(d) 27(d)
place of entertainment, service
trade, authority use, minor
rooftop base
telecommunication station,
rooftop base
telecommunication station,
wind turbine infrastructure,
halfway house and veterinary
practice
 MAXIMUM HEIGHT BUILDING LINES
GENERAL STREET
SUB- ABOVE [BASE] OTHER
RESIDENTIAL DENSITY COVERAGE Street Common CENTRELINE
ZONING EXISTING GROUND PROVISIONS
ZONING boundary boundaries SETBACK
LEVEL
To To top
GENERAL wallplate of roof
RESIDENTIAL
SUBZONING 1: GR1 35 du/ha N/a 8,0 m 10,0 m 5,0 m 3,0 m external N/a Design
GROUP external boundaries principles
HOUSING (GR1) public
street 0,0 m internal Open space
PRIMARY USES boundaries
Dwelling house, 0,0 m Parking and
group housing, internal access
private road, open road
space and Site
additional use Garages development
rights 5,0 m plan
from kerb
ADDITIONAL Flats and
USE RIGHTS home
Flats and home occupation as
occupation, additional use
subject to right
restriction Refer to Refer to Refer to Refer to Refer to item
item item 35(c) item item 35(e) 35(e) & 35(f) Dwelling
CONSENT USES 35(b) 35(c) & 35(f) house outside
Utility services, group
home child care, scheme
minor rooftop base
telecommunication
station and rooftop
base
telecommunication
station

FLOOR
GENERAL To top of roof
FACTOR
RESIDENTIAL
SUBZONINGS
(GR2–GR6) GR2 1,0 60% 15,0 m 4,5 m 4,5 m or 0,6 H [8,0 m] Parking and
(0,0 m up to 15,0 access
PRIMARY USES m height for 18,0
Dwelling house, m from street) Screening
second dwelling, Wind
group housing, mitigation
boarding house, GR3 [1,0] 1,25 60% 20,0 m 4,5 m 4,5 m or 0,6 H [8,0 m]
guest house, flats, Dwelling
(0,0 m up to 15,0
private road and house and
m height for 18,0
open space second
m from street)
dwelling

CONSENT USES Group

Utility service, housing
GR4 1,5 60% 24,0 m 4,5 m 4,5 m or 0,6 H [8,0 m]
place of (0,0 m up to 15,0
instruction, place Institution,
m height for 18,0
of worship, place of
m from street)
institution, instruction
hospital, place of and place of
assembly, home GR5 2,5 60% 35,0 m 4,5 m; 4,5 m or 0,6 H [8,0 m] assembly
occupation, shop, 9 m above (0,0 m up to 15,0
hotel, conference 25 m m height for 18,0 Shop
facility, minor height m from street);
rooftop 15,0 m above
telecommunication 25,0 m height
station, rooftop
base
telecommunication GR6 5,0 60% 50,0 m 4,5 m; 4,5 m or 0,6 H [8,0 m]
station and 9 m above (0,0 m up to 15,0
veterinary practice 25 m m height for 18,0
height m from street);
15,0 m above
25,0 m height

Refer to Refer to item Refer to item 41(c) Refer to Refer to item [Refer to item
item 41(a) item 41(e) 41(e) 41(d)]
41(b)
 MAXIMUM
HEIGHT
ABOVE
[BASE] BUILDING LINES STREET
FLOOR EXISTING OTHER
COMMUNITY ZONINGS COVERAGE CENTRELINE
FACTOR GROUND PROVISIONS
SETBACK
LEVEL
To top of Street Common
roof boundary boundaries

COMMUNITY ZONING 1: 0,8 60% 12,0 m 5,0 m 5,0 m N/a Parking and
LOCAL (CO1) access
Refer to Refer to item Refer to Refer to Refer to item
PRIMARY USES item 47(a) 47(b) item 47(c) item 47(d) 47(e) Loading
Place of instruction, place of worship,
clinic, rooftop base telecommunication Screening
station, open space, minor freestanding
base telecommunication station, minor Noise
rooftop base telecommunication station mitigation
and filming

CONSENT USES
Institution, hospital, place of assembly,
cemetery, freestanding base
telecommunication station, urban
agriculture and veterinary practice

COMMUNITY ZONING 2: 2,0 60% 18,0 m 5,0 m 5,0 m N/a Parking and
REGIONAL (CO2) access
Refer to Refer to item Refer to Refer to Refer to item
PRIMARY USES item 49(a) 49(b) item 49(c) item 49(d) 49(e) Loading
Institution, hospital, place of instruction,
place of worship, place of assembly, Screening
rooftop base telecommunication station,
minor freestanding base Noise
telecommunication station, minor rooftop mitigation
base telecommunication station, open
space and filming

CONSENT USES
Boarding house, conference facility,
cemetery, crematorium, funeral parlour,
freestanding base telecommunication
station, wind turbine infrastructure, urban
agriculture and veterinary practice
 LAND MAXIMUM HEIGHT
STREET
LOCAL BUSINESS UNIT FLOOR ABOVE [BASE] OTHER
COVERAGE BUILDING LINES CENTRELINE
ZONING AREA FACTOR EXISTING GROUND PROVISIONS
SETBACK
(m2) LEVEL
To To top Street Common
wallplate of roof boundary boundaries
LOCAL BUSINESS
ZONING 1: >1 000 1,0 N/a 9,0 m 11,0 m 3,5 m 3,0 m N/a Garages and
INTERMEDIATE carports
BUSINESS (LB1)
Parking and
PRIMARY USES >650 1,0 9,0 m 11,0 m 3,5 m 3,0 m access
Office, dwelling house, up to
boarding house, utility 1 000 Loading
services, flats and
additional use rights Screening
>350 1,0 8,0 m 10,0 m 3,5 m 0,0 m (12,0
ADDITIONAL USE up to m from Home
RIGHTS 650 street and occupation,
Second dwelling and 60%) and bed &
home occupation or 3,0 m rest breakfast
house shop or bed and establishment
breakfast establishment >200 1,0 8,0 m 10,0 m 3,5 m 0,0 m (12,0 and home
or home child care up to m from child care
350 street and
CONSENT USES 60%) and Second
Place of instruction, 3,0 m rest dwelling
place of worship,
institution, clinic, place of House shop
assembly, guest house, ≤200 1,0 8,0 m 10,0 m 1,0 m 0,0 m (12,0
shop, informal trading, m from
service trade, rooftop street and
base telecommunication 60%) and
station, wind turbine 3,0 m rest
infrastructure, halfway
house and veterinary Refer to Refer to Refer to Refer to Refer to
practice item item 51(b) item item 51(c) item 51(c)
51(a) 51(b)

To top of roof
LOCAL BUSINESS ZONING 2:
LOCAL BUSINESS (LB2)
1,0 75% 12,0 m 0,0 m 8,0 m Canopy
PRIMARY USES projection
Shop, office, dwelling house, second Street corners
dwelling, bed and breakfast
establishment, boarding house, Parking and
flats, place of instruction, place of access
worship, institution, clinic, guest
house, service trade, utility service, Loading
rooftop base telecommunication
station, private road, open space Screening
and veterinary practice
Refer to Refer to item Refer to item 56(c) Refer to item 56(e) & 56(f) Refer to item Service station
item 56(b) 56(d) and motor
CONSENT USES 56(a)
repair garage
Place of assembly, informal trading,
restaurant, sale of alcoholic Informal
beverages, funeral parlour, place of trading
entertainment, adult shop, business
premises, supermarket, plant
nursery, hotel, conference facility,
motor repair garage, service station,
authority use, freestanding base
telecommunication station, wind
turbine infrastructure, transport use
and multiple parking garage
 MAXIMUM
HEIGHT
GENERAL BUSINESS ABOVE BUILDING LINES STREET
SUB- FLOOR OTHER
AND MIXED USE COVERAGE [BASE] CENTRELINE
ZONING FACTOR PROVISIONS
ZONINGS EXISTING SETBACK
GROUND Common
Street boundary
LEVEL boundaries

GENERAL BUSINESS GB1 1,5 100% 15,0 m 0,0 m up to 10,0 m 0,0 m 8,0 m Residential
SUBZONINGS (GB1– height; 4,5 m incentive in
GB7) above 10,0 m respect of
GB7
PRIMARY USES GB2 2,0 100% 15,0 m 0,0 m up to 10,0 m 0,0 m 8,0 m
Business premises, height; 4,5 m Hotel floor
dwelling house, second above 10,0 m space
dwelling, boarding concession
house, flats, place of
instruction, place of GB3 [2,0] 2,5 100% 25,0 m 0,0 m up to 10,0 m 0,0 m 8,0 m Canopy or
worship, institution, height; 4,5 m balcony
hospital, place of above 10,0 m projection
assembly, place of
entertainment, hotel, GB4 3,0 100% 25,0 m 0,0 m up to 10,0 m 0,0 m 8,0 m Public
conference facility, height; 4,5 m pedestrian
service trade, authority above 10,0 m footway along
use, utility service, street
rooftop base boundary
telecommunication GB5 4,0 100% 25,0 m 0,0 m 0,0 m 8,0 m
station, multiple parking Street corners
garage, private road, GB6 6,0 100% 38,0 m 0,0 m up to 25,0 m 0,0 m 8,0 m
open space, veterinary height; Parking and
practice and filming ½ (H-25 m) above access
25,0 m
CONSENT USES Loading
Adult shop, adult GB7 12,0 100% 60,0 m 0,0 m up to 38,0 m 0,0 m 8,0 m
entertainment business, height; Screening
adult services, informal ½ (H-38 m) above
trading, expo-centre, 38,0 m Wind
motor repair garage, mitigation
warehouse, Refer to Refer to item Refer to item Refer to item 60(e) Refer to Refer to item
freestanding base item 60(a) 60(d) item 60(e) 60(b) Service station
telecommunication 60(c) and motor
station, wind turbine repair garage
infrastructure, transport
use, helicopter landing Informal
pad and service station trading

MIXED-USE MU1 1,5 75% 15,0 m 0,0 m up to 10,0 m height; 8,0 m Canopy or
SUBZONINGS (MU1– 4,5 m above 10,0 m balcony
MU3) projection

PRIMARY USES Parking and

Business premises, MU2 4,0 100% 25,0 m 0,0 m up to 10,0 m height; 8,0 m access
industry, dwelling 4,5 m above 10,0 m
house, second dwelling, Loading
boarding house, flats,
place of instruction, Screening
place of worship, Service station
MU3 6,0 100% 38,0 m 0,0 m up to 25,0 m height; 8,0 m
institution, hospital, and motor
½ (H-25 m) above 25,0 m
place of assembly, repair garage
place of entertainment,
hotel, conference Informal
facility, authority use, trading
utility service, rooftop
base telecommunication Refer to Refer to item Refer to item Refer to item 64(c) Refer to item
station, transport use, item 64(a) 64(a) 64(b)
multiple parking garage, 64(a)
private road, open
space and filming

CONSENT USES
Adult shop, adult
entertainment business,
adult services, informal
trading, expo centre,
scrap yard, freestanding
base telecommunication
station, wind turbine
infrastructure, helicopter
landing pad, service
station, motor repair
garage, veterinary
practice and recycling
centre
 MAXIMUM BUILDING LINES
HEIGHT
ABOVE STREET
UTILITY, TRANSPORT AND FLOOR OTHER
COVERAGE [BASE] Street Common CENTRELINE
NATIONAL PORT ZONINGS FACTOR PROVISIONS
EXISTING boundary boundaries SETBACK
GROUND
LEVEL

UTILITY ZONING (UT) As determined by a site development plan (Refer to item 81)

PRIMARY USES
Utility service, authority use,
rooftop base telecommunication
station, [and] freestanding base
telecommunication station,
minor freestanding base
telecommunication station and
minor rooftop base
telecommunication station

CONSENT USES
Cemetery, informal trading,
funeral parlour, crematorium,
urban agriculture, airport, wind
turbine infrastructure and
helicopter landing pad

TRANSPORT ZONING 1: 2,0 75% 15,0 m for 0,0 m 3,0 m N/a Parking and
TRANSPORT USE (TR1) stacked access
shipping
PRIMARY USES containers Service station and
Transport use, multiple parking motor repair
garage, utility service, shop, 18,0 m for any garage
restaurant, service trade, office, other building
warehouse, rooftop base Informal trading
telecommunication station, minor
freestanding base Refer to Refer to item Refer to item Refer to Refer to Air and
telecommunication station, minor item 83(a) 83(b) 83(c) item 83(d) item 83(d) underground rights
rooftop base telecommunication
station and container site

CONSENT USES
Business premises, flats, place of
assembly, place of entertainment,
hotel, conference facility, service
station, motor repair garage,
service trade, freestanding base
telecommunication station, wind
turbine infrastructure, airport,
helicopter landing pad, informal
trading, industry and air and
underground rights

TRANSPORT ZONING 2: As determined by a site development plan (Refer to item 88) Deemed zoning
PUBLIC ROAD AND PUBLIC
PARKING (TR2) Construction and
deposit of
PRIMARY USES materials
Public street, public road, minor
freestanding base Air and
telecommunication station, minor underground rights
rooftop base telecommunication
station and utility service Proposed public
street, street
widening and
CONSENT USES street closure
Multiple parking garage, informal
trading, wind turbine Informal trading
infrastructure and air and
underground rights

TRANSPORT ZONING 3: TOLL As determined by a site development plan (Refer to item 92B)
ROAD (TR3)

PRIMARY USES
Toll road, public street, public
road, minor freestanding base
telecommunication station, minor
rooftop base telecommunication
station and utility service

CONSENT USES
Wind turbine infrastructure and
air and underground rights
NATIONAL PORT ZONING As determined by an approved Port development framework plan (Refer to item 95) Deemed zoning
(NPZ)
Deemed zoning of
PRIMARY USES land transferred to
Land uses as set out in an National Ports
approved Port development Authority
framework plan

CONSENT USES
None

MAXIMUM BUILDING LINES

HEIGHT
ABOVE STREET
SUB- FLOOR OTHER
INDUSTRIAL ZONINGS COVERAGE [BASE] CENTRELINE
ZONING FACTOR Street Common PROVISIONS
EXISTING SETBACK
boundary boundaries
GROUND
LEVEL

GENERAL INDUSTRY GI 1 1,5 75% 18,0 m 5,0 m 3,0 m N/a Boundary walls
SUBZONINGS (GI1–GI2)
Parking and
PRIMARY USES GI 2 4,0 75% 18,0 m, but 5,0 m 3,0 m access
Industry, restaurant, service no restriction
station, motor repair in respect of Loading
garage, funeral parlour, manufacturin
scrap yard, authority use, g buildings Screening
utility service, crematorium,
rooftop base Hazardous
telecommunication station, Refer to Refer to item Refer to item Refer to Refer to item substances
freestanding base item 68(a) 68(a) 68(b) item 68(c) 68(d)
telecommunication station, Service station
transport use, multiple and motor
parking garage, agricultural repair garage
industry, private road, open
space, additional use rights, Factory shop
veterinary practice and
filming Adult shop

ADDITIONAL USE Informal

RIGHTS trading
Factory shop and adult
shop

CONSENT USES
Abattoir, place of worship,
institution, clinic, place of
assembly, adult
entertainment business,
adult services, aqua-
culture, informal trading,
shop, office, sale of
alcoholic beverages, place
of entertainment, helicopter
landing pad, wind turbine
infrastructure and container
site

RISK INDUSTRY ZONING (RI) 2,0 75% 18,0 m, but 5,0 m 5,0 m N/a Parking and
no restriction access
PRIMARY USE in respect of
Noxious trade, risk activity, crematorium, noxious Loading
rooftop base telecommunication station, trade, risk
freestanding base telecommunication activity or Screening
station, private road, open space, manufacturin
additional use rights and filming g buildings Boundary walls

ADDITIONAL USE RIGHTS Refer to Refer to item Refer to item Refer to Refer to item Hazardous
Factory shop item 75(a) 75(b) 75(c) item 75(d) 75(d) substances

CONSENT USE Service station

Shop, restaurant, informal trading, and motor
service station, motor repair garage, repair garage
industry, scrap yard, abattoir, authority
use, utility service, helicopter landing Factory shop
pad, wind turbine infrastructure, container
site, transport use, multiple parking Informal
garage and recycling centre trading
 MAXIMUM
BUILDING LINES
HEIGHT
ABOVE STREET
FLOOR OTHER
OPEN SPACE ZONING COVERAGE [BASE] CENTRELINE
FACTOR Street Common PROVISIONS
EXISTING SETBACK
boundary boundaries
GROUND
LEVEL

OPEN SPACE ZONING 1: As determined by a site development plan (Refer to item 98)
ENVIRONMENTAL CONSERVATION
(OS1)

PRIMARY USES
Environmental conservation use, minor
freestanding base telecommunication
station and minor rooftop base
telecommunication station

CONSENT USES
Harvesting of natural resources,
environmental facilities, tourist
accommodation, tourist facilities, utility
service, rooftop base telecommunication
station, freestanding base
telecommunication station, wind turbine
infrastructure and cultural and social
ceremonies

OPEN SPACE ZONING 2: As determined by a site development plan (Refer to item 100) Deemed
PUBLIC OPEN SPACE (OS2) zoning

PRIMARY USES Construction

Public open space, [and] environmental and deposit of
conservation use, minor freestanding material
base telecommunication station and
minor rooftop base telecommunication Air and
station underground
rights
CONSENT USES
Environmental facilities, tourist facilities, Informal
utility service, cemetery, rooftop base trading
telecommunication station, freestanding
base telecommunication station, wind
turbine infrastructure, cultural and social
ceremonies, urban agriculture, informal
trading, harvesting of natural resources
and air and underground rights

OPEN SPACE ZONING 3: As determined by a site development plan (Refer to item 105) Approval of
SPECIAL OPEN SPACE (OS3) consent uses

PRIMARY USES Informal

Open space, private road, [and] trading
environmental conservation use, minor
freestanding base telecommunication
station and minor rooftop base
telecommunication station

CONSENT USES
Environmental facilities, tourist facilities,
place of instruction, place of assembly,
place of entertainment, plant nursery,
utility service, cemetery, rooftop base
telecommunication station, freestanding
base telecommunication station, wind
turbine infrastructure, cultural and social
ceremonies, urban agriculture, informal
trading and harvesting of natural
resources
 MAXIMUM HEIGHT
ABOVE [BASE]
MAXIMUM BUILDING LINES STREET
AGRICULTURAL, RURAL AND EXISTING GROUND OTHER
FLOOR COVERAGE CENTRELINE
LIMITED USE ZONINGS LEVEL PROVISIONS
SPACE SETBACK
To To top Street Common
wallplate of roof boundary boundaries

AGRICULTURAL ZONING (AG) 1 500 m² N/a 9,0 m for 11,0 m > 20 ha : > 20 ha : N/a Parking
for all dwelling for 30,0 m 30,0 m
PRIMARY USES dwelling house dwelling Minimum
Agriculture, intensive horticulture, units house subdivision
dwelling house, riding stables, size
environmental conservation use,
environmental facilities, rooftop 100 m² for 12,0 m ≤ 20 ha : ≤ 20 ha : Agricultural
base telecommunication station, farm shop for 15,0 m 15,0 m industry
minor freestanding base agricultu
telecommunication station, minor ral Second
rooftop base telecommunication buildings dwelling and
station and additional use rights other additional
than dwelling units
ADDITIONAL USE RIGHTS dwelling
Second dwelling and home house
occupation or bed and breakfast
establishment or home child care

CONSENT USES
Refer to Refer to Refer to Refer to Refer to
Additional dwelling units, guest
item 109(a) item item item item 109(b)
house, hotel, tourist
109(d) 109(d) 109(b)
accommodation, tourist facilities,
intensive animal farming,
harvesting of natural resources,
mine, utility service, freestanding
base telecommunication station,
wind turbine infrastructure, aqua-
culture, animal care centre, farm
shop, agriculture industry,
veterinary practice and renewable
energy structure

RURAL ZONING (RU) 1 500 m² 40% 9,0 m 11,0 m 10,0 m 5,0 m N/a Parking
for all
PRIMARY USES buildings Minimum
Dwelling house, agriculture and subdivision
additional use rights 100 m² for size
farm shop
ADDITIONAL USE RIGHTS Agricultural
Second dwelling and home industry
occupation or bed and breakfast
establishment or home child care Second
dwelling
CONSENT USES
Guest house, tourist
accommodation, tourist facilities,
harvesting of natural resources,
mine, rooftop base
telecommunication station,
freestanding base Refer to Refer to item Refer to Refer to Refer to Refer to
telecommunication station, wind item 113(a) 113(b) item item item item 113(c)
turbine infrastructure, aqua-culture, 113(e) 113(e) 113(c)
intensive animal farming, intensive
horticulture, riding stables, animal
care centre, farm shop, agricultural
industry and veterinary practice

LIMITED USE ZONING (LU) Refer to item 118 No rezoning

PRIMARY USES Reconstruction

Only existing lawful uses of destroyed
property
CONSENT USES
None

Item 21 amended to include third dwelling and minor rooftop base telecommunication station in SR1 zoning.

“21 Use of the property

The following use restrictions apply to properties in this zoning:

(b) Additional use rights which may be exercised by the occupant of a property are home
occupation, bed and breakfast establishment, second dwelling, third dwelling and home
child care, subject to the following conditions:
(i) Except for a second dwelling, only one of the activities listed as additional use rights
shall be conducted on any land unit as a primary use. Where more than one such
activity is required, the City’s approval shall be obtained;
 (ii) The dominant use of the property shall be a dwelling house for accommodation of a
single family;
(iii) The proprietor of the activity concerned shall live on the property;
(iv) The conditions stipulated in items 23, 24, 25, 25A or 25B [or 53] (whichever is applicable)
shall be adhered to;
(v) Any new structure or alteration to the property to accommodate an additional use
right shall be compatible with the residential character of the area, particularly with
regard to the streetscape, and shall be capable of reverting to use as part of the
dwelling house, second dwelling, third dwelling or outbuilding concerned; and
(vi) No more than three employees shall be engaged by the occupant in the activity
concerned.

(c) Consent uses are utility service, place of instruction, place of worship, house shop,
institution, guest house, minor rooftop base telecommunication station, rooftop base
telecommunication station, wind turbine infrastructure, open space, urban agriculture,
veterinary practice and halfway house.”

Item 22 amended to replace the deleted base level with existing ground level.

“22(c) Height
(i) The maximum height of a building, measured from the [base] existing ground level to the
wallplate and top of the roof, shall be determined in accordance with the area of the land
unit as shown in the following ‘Table of floor factor, floor space, height and building lines in
Single Residential Zoning 1’

(ii) Where a building is permitted in this zoning within 3 m of a common boundary, the height
will be limited to 4 m measured from [base] existing ground level to top of roof.”

“Table of floor factor, floor space, coverage, height and building lines in Single Residential Zoning
1
Maximum
Land height above Street
Common
unit Floor Maximum [base] existing boundary
Coverage boundary
area factor floor space ground level building
building line
(m²) To wall- To top line
plate of roof
>2 000 N/a 1 500 m2 N/a 9,0 m 11,0 6,0 m 6,0 m
m
>1 000 N/a 1 500 m2 N/a 9,0 m 11,0 4,5 m 3,0 m
up to m
2 000
>650 N/a 1 500 m2 N/a 9,0 m 11,0 3,5 m 3,0 m
up to m
1 000
>350 1,0 N/a N/a 8,0 m 10,0 3,5 m 0,0 m for first
up to m 12,0 m
650 measured
perpendicular
from street
boundary and
0,0 m for 60% of
total remaining
linear distance
along all
common
boundaries
around land
unit and 3,0 m
for remainder,
subject to
paragraph d(iii).
 >200 1,0 N/a 75% 8,0 m 10,0 [3,5] 1,5 m 0,0 m [for first
up to m 12,0 m
350 measured
≤200 1,0 N/a 75% 8,0 m 10,0 1,0 m perpendicular
m from street
boundary and
0,0 m for 60% of
total remaining
linear distance
along all
common
boundaries
around land unit
and 3,0 m for
remainder;
subject to
paragraphs (ii)
and (iii).]
“

“22(f) Garages, carports and outbuildings

(i) A garage, carport and outbuildings are permitted within the common boundary building
line or on the common property boundary provided that the garage, carport and
outbuilding do not:
(aa) extend higher than 3,5 m from [base] existing ground level to top of roof;
(bb) contain more than a double garage façade; and
(cc) exceed a width of 6,5 m.”

insertion provides for different building lines for properties of 300m 2 and less.
“(iA) For land units of 350 m² and less, a garage or carport is permitted up to the street
boundary provided the garage or carport:
(aa) is not higher than 3,5 m from existing ground level to top of roof;
(bb) does not contain more than a double garage façade; and
(cc) does not exceed a width of 6,5 m.

(ii) For land units [of 650] exceeding 350 m² [and less] up to 650 m2, a garage or carport is
permitted up to 1,5 m from the street boundary provided the garage or carport:
(aa) is not higher than 3,5 m from [base] existing ground level to top of roof;
(bb) does not contain more than a double garage façade; and
(cc) does not exceed a width of 6,5 m.

(iv) Notwithstanding paragraphs (ii) and (iii), a garage or carport may be erected within the
street boundary building line if, in the opinion of the City, compliance with the street
boundary building line will not be practical due to the steepness of the ground between
the road and the property concerned. The City will determine the street boundary building
line, height, façade and width of the garage and carport in such a case.”

insertion provides for limit to coverage for land units up to 200m 2

“22(h) Coverage
(i) The maximum coverage, if applicable, is determined in accordance with the area of
land unit as shown in the above table of floor factor, floor space, coverage, height and
building lines in Single Residential Zoning 1.”

Item 23 amended to incorporate shop as an exclusion from ‘home occupation’ use.

“23(a) No home occupation shall include a noxious trade, risk activity, shop, adult entertainment
business, adult services, adult shop, sale of alcoholic beverages, motor repair garage,
funeral parlour or activities that are likely to generate a public nuisance, including but not
limited to panel beating and spray painting, auto electrician, builders yard, welding works [,]
or joinery;”
Insertion of item 25A which is the relocation of item 53 to a more appropriate location and 25B which are the
additional use right conditions for a third dwelling in the SR1 & 2 zones

“25A Second dwelling

The following conditions shall apply to a second dwelling:

(a) The total floor space of a second dwelling may not exceed the total floor space of the
main dwelling unit without the approval of the City. The floor space of ancillary buildings is
excluded from this provision;
(b) The City may require that a second dwelling be constructed in a style that is similar to the
architecture of the main dwelling house;
(c) A second dwelling that is a separate structure to a main dwelling house shall not exceed
a height of 6 m measured from existing ground level to the wall plate and 8 m to the top
of the roof;
(d) A second dwelling contained within the same building as a main dwelling house must be
designed so that the building appears as a single dwelling house; both units may have a
ground floor, or one unit may be on the ground floor and the other unit above;
(e) The existence of a second dwelling shall not in itself be sufficient reason for the City to grant
an application in terms of this By-Law to subdivide the land unit containing the dwelling
units;
(f) The construction of a second dwelling is subject to the certification by all relevant municipal
service department Directors, or their delegates, that capacity is available on the services
network in the specific area.

25B Third dwelling

The following conditions shall apply to a third dwelling:

(a) The total floor space of a third dwelling may not exceed the total floor space of the main
dwelling without the approval of the City. The floor space of ancillary buildings is excluded
from this provision;
(b) The City may require that a third dwelling be constructed in a style that is similar to the
architecture of the main dwelling house;
(c) A third dwelling that is a separate structure to a main or second dwelling shall not exceed
a height of 6 m measured from existing ground level to the wall plate and 8 m to the top
of the roof;
(d) A third dwelling contained within the same building as a main dwelling or second dwelling
must be designed so that the building appears as a single dwelling house; all units may
have a ground floor, or one unit may be on the ground floor and the other units above;
(e) The existence of a third dwelling shall not in itself be sufficient reason for the City to grant
an application in terms of this By-Law to subdivide the land unit containing the dwelling
units;
(f) The construction of a third dwelling is subject to the certification by all relevant municipal
service department Directors, or their delegates, that capacity is available on the services
network in the specific area.”

Item 26 amended to include third dwelling and minor rooftop base telecommunication station in SR2 zoning.

“26(1)(b) Additional use rights which may be exercised by the occupant of any unit of
accommodation are shelter, house shop, home occupation, bed and breakfast
establishment, home child care, informal trading, third dwelling and any educational,
religious, occupational or business purpose excluding the sale of alcoholic beverages,
provided that:

(i) The dominant use of the unit shall remain residential;

(ii) No noxious trade, risk activity, adult entertainment business, adult services or adult shop
are permitted;
(iii) No activities shall be carried out which constitute or are likely to constitute a source of
nuisance, including the use of equipment that generates excessive noise, or any
activity which results in the generation of dust, fumes, smoke, or waste material which
could be detrimental to health, or which requires special waste removal processes;
 (iv) The City may, at any stage, call for a cessation of the land use or activity, or impose
conditions in order to minimise any potential nuisance to surrounding neighbours or the
general public; and
(v) The development rules stipulated in items 23, 24, 25, 25B except for paragraph (b), 28,
29, and 30, whichever is applicable, shall be adhered to.

26(1)(c) Consent uses are group housing, boarding house, place of worship, institution, clinic, place
of assembly, place of instruction, office, restaurant, guest house, place of entertainment,
service trade, authority use, minor rooftop base telecommunication station, rooftop base
telecommunication station, wind turbine infrastructure, veterinary practice and halfway
house.

26(1)(d) [Multiple uses and buildings where no formal township exists] The uses in sub-item (1) (a-c)
are permissible where no formal township exists.”

Item 27 amended to replace the deleted base level with existing ground level. Also incorporates the third
dwelling into the parking provision for this zoning.

“27(b) Height
(i) The maximum height of a building, measured from [base] existing ground level to the
wallplate, shall be 6m for dwelling units and 8m for all other buildings;
(ii) The maximum height of a building, measured from [base] existing ground level to the
top of the roof, shall be 8m for dwelling units and 10m for all other buildings.
(iii) Earth banks and retaining structures are subject to item 126.

Table of parking requirements in Single Residential Zoning 2

Use of property Parking requirement
Shelter None
Dwelling house One bay, if required by the City
(None on erven <100 m2)
Second dwelling, third dwelling, home None
occupation
Other primary or consent uses As required by the City
“

Item 28 amend to incorporate the third dwelling into the rules for house shop

“28(c) Any new structure, or alteration to the existing dwelling house, second dwelling, third dwelling
or outbuilding, shall conform to the residential character of the area;”

Item 29 amended for clarity in the control of shelters.

“29 Shelter
The following conditions apply to a shelter:
(a) If the City’s Building Control Officer is of the opinion that the shelter poses a public health,
safety, fire or structural risk the City may serve notice on the owner or occupier describing
the nature of the risk and calling upon them to submit documentation to the City or
appoint a professional person to conduct an investigation and to report to the City on the
nature and extent of the risk within a specified period of time and the steps to be taken to
remedy such risk. [It shall be the sole responsibility of the occupant or owner of the shelter
to ensure the structural, habitability, fire resistance or other standards of a shelter; and]
(b) After considering the documentation or report submitted and if it is satisfied that there is a
risk the City may issue a directive instructing the owner or occupier to take the steps set
out in the directive [Any occupant or owner of a shelter who is instructed by the City to
take action to remedy a public safety, health or fire risk, and who fails to do so, is guilty of
an offence in terms of this By-Law].
(c) If the owner or occupier fails to comply with sub-items (a) and (b) they are guilty of an
offence in terms of this By-law.
(d) A shelter may not exceed 4m in height measured from existing ground level to top of roof.”
Item 34 amended to incorporate minor rooftop base telecommunications as a consent use in GR1.

“34(c) Consent uses are utility service, home child care, minor rooftop base telecommunication
station and rooftop base telecommunication station.”

Item 35 amended to replace the deleted base level with existing ground level.

“35(c) Height
(i) The maximum height of a building, measured from [base] existing ground level to the top
of the wallplate, shall be 8 m, and to the top of the roof shall be 10 m.”

Item 39 amended to provide for relocation of second dwelling rules in to item 25A, and to correct a typing
error of 500 -560 m2

“39(2) The following conditions apply to a dwelling house that does not form part of a group housing
scheme:

(a) A second dwelling is permitted subject to the provisions for a second dwelling in [Local
Business Zoning 1] item 25A;

(c) The development rules for erven greater than 350 m² and not exceeding [500] 650 m² as
stipulated in the ‘Table of [coverage, height,] floor factor, floor space, coverage, height
and building lines in Single Residential Zoning 1’ in item 22 shall apply;”

Item 40(c) deletion restricting access requirements to certain land uses. See new item 45A which includes
the road width limitation now as a development rule to which a departure application can be made.

“40(c) [Notwithstanding the primary and consent uses specified in paragraphs (a) and (b), if the only
vehicle access to the property is from an adjacent road reserve that is less than 9 m wide, no
building is permitted other than a dwelling house or second dwelling.] “

Item 41 amended to replace the deleted base level with existing ground level. GR3 floor factor increased to
be incrementally compatible with maximum heights permitted in these subzones.

“41(c) Height
(i) The maximum height of a building, measured from the [base] existing ground level to the
top of the roof, shall be determined in accordance with the following ‘Table of coverage,
height and floor factor in General Residential Subzonings GR2-GR6’

Table of coverage, height and floor factor in General Residential Subzonings GR2-GR6

Maximum height above [base]

Subzoning Coverage Floor factor
existing ground level to top of roof
GR2 60% 1,0 15,0 m
GR3 60% [1,0] 1,25 20,0 m
GR4 60% 1,5 24,0 m
GR5 60% 2,5 35,0 m
GR6 60% 5,0 50,0 m
“
Deletion as a 4,5m street boundary setback is already a development rule.
“41(d) [Street centreline setback
The City may require a street centreline setback, in which case:
(i) any flats, boarding houses or hotels shall be set back 8 m from the centre line of the
abutting public street or streets; and
(ii) the provisions of item 122 shall apply.]”

Amended to replace the deleted base level with existing ground level and item 9(2) amendment.
 “41(e) Building lines
(i) No building shall be erected so that any point on the building is nearer to a street boundary
or a common boundary than the distance specified in the following ‘Table of building lines
in General Residential Subzonings GR2-GR6’, provided that:
(aa) the symbol ‘H’ means the height in metres of the point concerned above the [base
level] ground floor, and
(bb) where two alternative building lines are prescribed, the greater of the two building
lines shall apply.
(ii) An outbuilding is permitted within the common boundary building line provided the
outbuilding is not higher than 3,5 m from the [base] existing ground level of the outbuilding
to the top of the roof.”; and”

“Table of building lines in General Residential Subzonings GR2-GR6

Street boundary building
Common boundary building line
line
Points up to Points over
25,0 m 25,0 m
Subzoning above above Points up to 25,0 m Points over 25,0 m
[base] [base] above [base] existing above [base]
existing existing ground level existing ground level
ground ground
level level
GR2 4,5 m N/a 4,5 m or 0,6 H N/a (unless a
(0,0 m up to 15,0 m in departure permitted
height where in terms of this
intersecting a street development
GR3 boundary, for a management
distance of 18,0 m scheme has been
measured approved)
GR4 perpendicular from
such street boundary)
GR5 4,5 m 9,0 m 4,5 m or 0,6 H 15,0 m
(0,0 m up to 15,0 m in [(0,0 m up to 15,0 m
height where in height where
intersecting a street intersecting a street
boundary, for a boundary, for a
distance of 18,0 m distance of 18,0 m
GR6
measured measured
perpendicular from perpendicular from
such street boundary) such street
boundary)]
“

Item 42 amended to change the location in the DMS of second dwelling conditions for additional use.

“42 Dwelling house and second dwelling

The provisions of item 21(b) and 22 apply to a dwelling in this zoning. The provisions of item 21(b), 22
and 25A [53] apply to a second dwelling in this zoning.”

Item 45A insertion to make the 9m road width a development rule in GR2-6 subzones.

“45A Development rule for all uses in GR2-GR6, except dwelling house and second dwelling
Vehicle access to the property must be from an adjacent road reserve of at least 9m wide.”

Item 46 amended to incorporate minor base and freestanding telecommunication stations into the
Community zoning 1.

“46 Use of property

The following use restrictions apply to property in this zoning:
(a) Primary uses are place of instruction, place of worship, clinic, rooftop base
telecommunication station, filming, minor freestanding base telecommunication station,
minor rooftop base telecommunication station and open space.”
Item 47 amended to replace the deleted base level with existing ground level.

“47(c) Height
(i) The maximum height of a building, measured from [base] existing ground level to the top
of the roof, is 12 m, provided that there is no height limit for a bell tower, steeple, minaret
or similar architectural feature designed to accentuate the significance of a building.”

Item 48 amended to incorporate minor base and freestanding telecommunication stations into the
Community zoning 2.

“48 Use of property

(a) Primary uses are institution, hospital, place of instruction, place of worship, place of
assembly, rooftop base telecommunication station, minor freestanding base
telecommunication station, minor rooftop base telecommunication station, filming and
open space.”

Item 49 amended to replace the deleted base level with existing ground level.

“49(c) Height
(i) The maximum height of a building, measured from [base] existing ground level to the top
of the roof, shall be 18 m, provided that there is no height limit for a bell tower, steeple,
minaret or similar architectural feature designed to accentuate the significance of a
building.”

Item 50 amended to identify new location for second dwelling conditions in the DMS.

“50 Use of property

(b) Additional use rights which may be exercised by the occupant of a dwelling house are
second dwelling, home occupation or house shop or bed and breakfast establishment or
home child care subject to the development rules in items 25A, 52[, 53] and 54 whichever
is applicable.”

Item 51 amended to replace the deleted base level with existing ground level.

“51(b) Height
(i) The maximum height of a building, measured from [base] existing ground level to the top
of the wallplate and to the top of the roof, shall be determined in accordance with the
area of the land unit as shown in the following ‘Table of floor factor, height and building
lines in Local Business Zoning 1’.

(ii) Where a building is permitted in this zoning within 3 m of a common boundary, the height
will be limited to 4 m measured from [base] existing ground level to the top of the roof.”;”

“Table of floor factor, height and building lines in Local Business Zoning 1

Maximum height Street

above [base] boundary
Floor Common boundary building
Land unit area (m²) existing ground level building
factor line
To To top of line
wallplate roof
>1 000 1,0 9,0 m 11,0 m 3,5 m 3,0 m
>650 up to 1 000 1,0 9,0 m 11,0 m 3,5 m 3,0 m
>350 up to 650 1,0 8,0 m 10,0 m 3,5 m 0,0 m for first 12,0 m measured
perpendicular from street
boundary and 0,0 m for 60% of
total remaining linear distance
along all common boundaries
around land unit and 3,0 m for
remainder, subject to
paragraph (d) (iii).
>200 up to 350 1,0 8,0 m 10,0 m 3,5 m
 ≤200 1,0 8,0 m 10,0 m 1,0 m 0,0 m for first 12,0 m measured
perpendicular from street
boundary and 0,0 m for 60% of
total remaining linear distance
along all common boundaries
around land unit and 3,0 m for
remainder; subject to
paragraphs (d) (ii) and (d) (iii).

“51(d) Garages and carports

(i) A garage or carport is permitted within the common boundary building line provided the
garage or carport:
(aa) does not extend higher than 3,5 m from [base] existing ground level to the top of the
roof; and
(bb) does not contain more than a double garage façade with a maximum width of 6,5
m.

(ii) For land units of 650 m² and less, a garage or carport is permitted up to 1,5 m from the
street boundary provided the garage or carport:
(aa) is not higher than 3,5 m from [base] existing ground level to the top of the roof; and
(bb) does not contain more than a double garage facade with a maximum width of 6,5
m.”

Item 53 deletion Development rules have been retained but moved to Item 25A under Single Residential
Zoning 1.

Item 56 amended to replace the deleted base level with existing ground level.

“56 (c) Height

(i) The maximum height of a building, measured from [base] existing ground level to the top
of the roof, shall be 12 m.”

Item 60 amended to replace the deleted base level with existing ground level, and changes to item 9(2)
permitting certain departures from height and floor space reflected in the table below on building lines.

“60(d) Height
(i) The maximum height of a building, measured from the [base] existing ground level to the
top of the roof, shall be determined in accordance with the following ‘Table of height and
floor factor in General Business Zonings’.”

“Table of height and floor factor in General Business Zonings

Maximum height above [base]

Subzoning existing ground level to top of roof Floor factor

GB1 15,0 m 1,5

GB2 15,0 m 2,0
GB3 25,0 m [2,0] 2,5
GB4 25,0 m 3,0
GB5 25,0 m 4,0
GB6 38,0 m 6,0
GB7 60,0 m 12,0
“

“60(e) Building lines

(i) No building shall be erected so that any point thereon is nearer to a street or common
boundary than the distance specified in the following ‘Table of building lines in General
Business Zonings’, where the symbol ‘H’ means the height in metres of the point concerned
above [base level] ground floor.”
 “Table of building lines in General Business Zonings

Street building line and common building line

Sub- Points on a building above [base] existing ground level
zoning over 10,0 m over 25,0 m
up to
and up to and up to over 38,0 m
10,0 m
25,0 m 38,0 m
GB1 0,0 m 4,5 m (0,0 m for N/a N/a (unless a departure
GB2 common permitted in terms of this
GB3 boundary) development management
GB4 scheme has been approved)
GB5 0,0 m 0,0 m N/a N/a (unless a departure
permitted in terms of this
development management
scheme has been approved)
GB6 0,0 m 0,0 m (H minus N/a (unless a departure
25,0 m) divided permitted in terms of this
by 2 (0,0 m for development management
common scheme has been approved)
boundary)
GB7 0,0 m 0,0 m 0,0 m (H minus 38,0 m) divided by 2
(0,0 m for common boundary)
“

Item 64 amended to replace the deleted base level with existing ground level.

“64(a) Floor factor, coverage and height

(ii) The maximum height of a building, measured from [base] existing ground level to the top
of the roof, shall be determined in accordance with the following ‘Table of floor factor,
coverage and height in Mixed Use Zonings’.”

“Table of floor factor, coverage and height in Mixed Use Zonings

Maximum height above [base]

Subzoning Floor factor Coverage existing ground level to top of
roof
MU1 15,0 m
1,5 75%
MU2 25,0 m
4,0 100%
MU3 38,0 m
6,0 100%
“
“(c) Building lines
(i) No building shall be erected so that any point on the building is nearer to a street or
common boundary than the distance specified in the following ‘Table of building lines in
Mixed Use Zonings’, where the symbol ‘H’ means the height in metres of a point above
[base level] ground floor.”

“Table of building lines in Mixed Use Zonings

Street building line and common building line

Subzoning Points on a building above [base] existing ground level
over 10,0 m and up to over 25,0 m and up to 38,0 m
up to 10,0m
25,0 m
 0,0 m 4,5 m
MU1 N/a

0,0 m 4,5 m
MU2 N/a

0,0 m 0,0 m
MU3 (H minus 25,0 m) divided by 2
“

Item 68 amended to replace the deleted base level with existing ground level.

“68(b) Height
(i) The maximum height of a building in General Industry Subzoning GI1 shall be 18 m
measured from [base] existing ground level to the top of the roof;

(iii) Any building in General Industry Subzoning GI2 that is not used for manufacturing purposes
shall not exceed a height of 18 m measured from the [base] existing ground level to the
top of the roof;

(v) Shipping or transport containers, when stored or stacked outside a building, may not
extend higher than 15 m above [average] existing ground level.”

Item 75 amended to replace the deleted base level with existing ground level.
l
“75(c) Height
(ii) Buildings not used for noxious trade, risk activity or manufacturing purposes shall not
exceed a height of 18 m measured from the [base] existing ground level to the top of the
roof;

(iv) Shipping or transport containers, when stored or stacked outside a building, may not
extend higher than 15 m above [average] existing ground level.”.

Item 80 amended to incorporate minor base and freestanding telecommunication stations into the Utility
zoning.

“80(a) Primary uses are utility service, authority use, rooftop base telecommunication station, [and]
freestanding base telecommunication station, minor freestanding base telecommunication
station and minor rooftop base telecommunication station.”.

Item 82 amended to incorporate minor base and freestanding telecommunication stations into the Transport
Zoning 1.

“82(a) Primary uses are transport use, multiple parking garage, utility service, shop, restaurant, service
trade, office, warehouse, rooftop base telecommunication station, minor freestanding base
telecommunication station, minor rooftop base telecommunication station and container
site.”

Item 83 amended to replaces the deleted base level with existing ground level.

“83 (c) Height

(i) The maximum height of a building shall be 18 m measured from [base] existing ground level
to the top of the roof;”; and

(iii) Shipping or transport containers, when stored or stacked outside a building, may not
extend higher than 15 m above [average] existing ground level.”.

Item 87 amended to incorporate minor base and freestanding telecommunication stations into the Transport
Zoning 2.

“87(a) Primary uses are public street, public road, minor freestanding base telecommunication
station, minor rooftop base telecommunication station and utility service.”.
Insertion of Part 3A introduces a new zoning for Toll Roads

“ Part 3A: Transport Zoning 3: Toll Road (TR3)

(items 92A-B)

The TR3 zoning provides for toll roads, whether constructed or still to be constructed.

92A Use of the property

The following use restrictions apply to property in this zoning:

(a) Primary uses are toll road, public street, public road, minor freestanding base
telecommunication station, minor rooftop base telecommunication station and utility
service.
(b) Consent uses are wind turbine infrastructure and air and underground rights.

92B Development rules

The following development rules apply:

(a) The City shall require a site development plan for a primary and consent use.
(b) The site development plan as approved by the City shall constitute the development rules
for a primary use and a consent use, if applicable.
(c) The provisions for a site development plan in item 123 shall apply.”

Item 97 amended to incorporate minor base and freestanding telecommunication stations into the Open
Space Zoning 1.

“97 (a) Primary uses are environmental conservation use, minor freestanding base telecommunication
station and minor rooftop base telecommunication station.”

Item 99 amended to incorporate minor base and freestanding telecommunication stations into the Open
Space Zoning 2.

“99(a) Primary uses are public open space, [and] environmental conservation use, minor freestanding
base telecommunication station and minor rooftop base telecommunication station.”

Item 104 amended to incorporate minor base and freestanding telecommunication stations into the Open
Space Zoning 3.

“104(a) Primary uses are open space, private road, [and] environmental conservation use, minor
freestanding base telecommunication station and minor rooftop base telecommunication
station.”

Item 108 amended to incorporate minor base and freestanding telecommunication stations into the
Agricultural Zoning.

“108(a)Primary uses are agriculture, intensive horticulture, dwelling house, riding stables,
environmental conservation use, environmental facilities, rooftop base telecommunication
station, minor freestanding base telecommunication station, minor rooftop base
telecommunication station and additional use rights as listed in paragraph (b).”

Item 109 amended to replace the deleted base level with existing ground level.

“109(d)Height
(i) The maximum height of a dwelling house, measured from the [base] existing ground level
to the top of the wallplate, shall be 9 m and to the top of the roof shall be 11 m.
 (ii) Agricultural buildings other than the dwelling houses shall not exceed a height of 12 m
measured from the [base] existing ground level to the top of the roof.”

Item 111 amended to identify new location of second dwelling and additional dwelling unit development
rules.
“111(d) the development rules in item [53] 25A shall apply to second dwellings and additional
dwelling units in this zoning.”

Item 113 amended to replace the deleted base level with existing ground level.

“113(e) Height
(i) The maximum height of a building, measured from [base] existing ground level to the
wallplate, shall be 9 m, and to the top of the roof shall be 11 m.”

Item 116 amended to identiy new location of second dwelling unit development rules.

“116 The development rules in item [53] 25A apply, provided that a dwelling unit for persons engaged
in bona[e] fide agricultural activities on the land unit shall not be regarded as a second dwelling.”

Item 121several amendments to the encroachment of building lines, including clarity to entrance steps and
basement. Four new exclusions relating to pergolas, water tanks, child’s playhouse and storage sheds.

“(a) Notwithstanding the building line requirements set out in Division II, the following structures or
portions thereof may be erected within the prescribed building lines, provided they do not extend
beyond the boundaries of a land unit:
(i) boundary walls, fences and gates;
(ii) open and uncovered stoeps;
(iii) entrance steps, landings and entrance porches leading to the ground floor or basement of
a building;
(iv) a covered entrance or gatehouse that has a roofed area not exceeding 5 m² and a roof
height not exceeding 3 m from floor to highest point;
(v) eaves and awnings projecting no more than 1 m from the wall of a building;
(vi) cornices, chimney breasts, flower boxes, water pipes, drain pipes and minor decorative
features not projecting more than 500 mm from the wall of a building;
(vii) screen-walls not exceeding 2,1 m in height above the existing ground level abutting such
wall;
(viii) swimming pools not closer than 1 m from any erf boundary;
(ix) any part of a basement[, provided] that is below [no part thereof projects above] existing
ground level;
(x) a refuse room required by the City in terms of item 145;
(xi) a retaining structure within a street boundary building line, subject to item 126, or any
retaining structure located under the existing ground level[.];
(xii) pergolas not exceeding 40 m2 in area;
(xiii) water tanks and their supporting structures not exceeding 3,2 m in height from existing
ground level;
(xiv) child’s playhouse or similar play structure not exceeding 5 m2 in area and 2,5 m in height from
existing ground level, only from a common boundary; or
(xv) unless provided elsewhere in this development management scheme, storage sheds not
exceeding 5 m2 in area and 2,5 m in height from existing ground level.”

Item 122 amended to provide for a 0m street building line on a property where a portion of land is ceded to
the City as per this item.

“The portion of a land unit falling within a street centreline setback area shall be excluded for the
purpose of determining coverage and maximum floor space, unless the owner transfers the portion
concerned to the City free of charge. In such case, the portion shall be included for the purpose of
determining coverage or maximum floor space on a land unit and the street building line would be
deemed to be 0m.”

Item 129 amended to include new heading and definition of Recreational vehicles and watercraft.
Development rules now provide additional clarity.
 “129 [Mobile homes and caravans] Recreational vehicles and watercraft

(1) [A recreation vehicle, such as a mobile home or caravan,] Recreational vehicles and watercraft
may not be used for permanent habitation without the approval of the City, [except if] unless the
applicable zoning [lawfully] allows such activity.
(2) [The following] An approval granted in terms of sub-item (1) is subject to, but not limited to, the
following conditions [additional development rules shall apply with regard to mobile homes
approved to be placed on a land unit zoned for residential purposes]:
(a) The [mobile home or caravan] recreational vehicle or watercraft shall be sited on a foundation
slab and properly anchored;
(b) Solid perimeter skirting, of material and colour complementary to the [mobile home or caravan]
recreational vehicle or watercraft, shall be provided from the bottom of the [mobile home]
recreational vehicle or watercraft to the ground surface;
(c) The roof and exterior siding of the [mobile home or caravan] recreational vehicle or watercraft
shall be of a non-reflective material; and
(d) Any structural additions shall be of materials which, in the opinion of the City, are compatible
with the [mobile home or caravan] recreational vehicle or watercraft.”

Item 136B insertion of new item setting out the development rules applicable to boundary walls.

“136B Boundary walls

The following provisions shall apply to a boundary wall:

(a) a street boundary wall must not exceed 2 metres in height when measured from the existing
ground level on the public street side of the wall to the top of the boundary wall;
(b) A retaining wall of up to 1m in height, when measured from the existing ground level on the
public street side of the wall, may form part of a street boundary wall providing that if the
retaining wall is 1m in height a 1m high balustrade is required;
(c) a common boundary wall must not exceed 2,5 metres in height when measured from the lowest
existing ground level on either side of the wall to the top of the boundary wall;
(d) A retaining wall of up to 1,5m in height, when measured from the lowest existing ground level
on either side of the wall, may form part of a common boundary wall providing that if the
retaining wall is greater than 1m in height a 1m high balustrade is required;
(e) security devices, such as spikes, barbed wire, razor wire or electric fences must not exceed a
height of 1,0 metre measured from the top of a boundary wall;
(f) any portion of a boundary wall in excess of 1 metre in height, when measured from the existing
ground level on the public street side of the wall to the top of the boundary wall, located within
4,5 metres of the intersection of two street boundaries which create/enclose an angle of less
than 135 degrees must be visually permeable;
(g) All boundary walls that face a public street, public road or public open space and exceed
1,5m in height, when measured from the existing ground level on the public street or public
open space side of the boundary wall to the top of the boundary wall, must comply with the
following visual permeability requirements:
(aa) general business, industrial, risk industry and utility zonings: a minimum of 60% of the total
vertical area of the boundary wall, excluding any visually permeable gates or garage
doors.; and
(bb) in all other zonings: a minimum of 25% of the total vertical area of the boundary wall,
excluding any garage doors or visually permeable gates.”

Item 138 amended whereby some minimum parking standards have been reduced, while some standards
have been increased.

“Minimum off-street parking requirements

Land use Standard areas PT1 areas PT2 areas

Main dwelling 2 bays per dwelling 1 bay per dwelling Nil

house unit unit
(SR1 Zoning) (1 bay per dwelling for
erven < 350 m2)
Main dwelling 1 bay per dwelling unit Nil Nil
house (Nil per dwelling for
(SR2 Zoning) erven < 100 m2)
Second dwelling 1 bay per 2nd dwelling 1 bay per 2nd dwelling Nil
unit unit
Third dwelling on 1 bay per 3rd dwelling 1 bay per 3rd dwelling Nil
land unit larger unit unit
than 650m2
Group dwelling 1,75 bays per dwelling 1 bay per dwelling Nil
unit, plus 0,25 bays per unit, plus 0,25 bays
dwelling unit for visitors per dwelling unit for
visitors
Flats [1,75] 1,25 bays per 1 bay per dwelling Nil
dwelling unit, plus 0,25 unit, plus 0,25 bays
bays per dwelling unit per dwelling unit for
for visitors visitors
Bed & breakfast 1 additional bay per 1 additional bay per Nil
establishment guest bedroom guest bedroom
Boarding house, [1,25] 1 bay[s] per [0,75] 1 bay[s] per Nil
guest house bedroom for the first 10 bedroom for the first
bedrooms, thereafter 10 bedrooms,
0.5 bays for each thereafter 0.25 bays
bedroom in excess of for each bedroom in
10 excess of 10
Backpackers 1 bay per [6] 10 beds 1 bay per [8] 10 beds Nil
lodge plus associated plus associated
reduced (based on reduced (based on
parking sharing) parking sharing)
requirement for any requirement for
ancillary land uses ancillary land uses
open to general open to general
public public
Hotel [0,75] 0,5 bays per [0,75] 0,5 bays per Nil
bedroom, plus [20 bedroom, plus [20
bays if licensed] bays if licensed]
associated reduced associated reduced
(based on parking (based on parking
sharing) requirement sharing) requirement
for any ancillary land for any ancillary land
uses open to general uses open to general
public public
Retirement home, [0,5] 0,25 bays per [0,3] 0,25 bays per Nil
orphanage [bedroom] resident [bedroom] resident
Land use Standard areas PT1 areas PT2 areas

Crèche [1 bay per 10 children, [1 bay per 10 Nil

plus stop & drop children] Nil. Facilities
facility] Nil. Facilities with more than 34
with more than 34 learners must be able
learners must be able to accommodate an
to accommodate an informal stop and
informal stop and drop drop facility on-street.
facility on-street.
Pro-forma Traffic
Pro-forma Traffic Management Plan to
Management Plan to be submitted
be submitted detailing detailing planned
planned operations of operations of the stop
the stop and drop and drop facility
facility
School 1 bay per classroom 1 bay per classroom Nil
and office, plus stop & and office, plus stop
drop facility. & drop facility.

Capacity for stop and Capacity for stop

drop facility to be and drop facility to
provided at a rate of 1 be provided at a rate
bay per 20 learners. of 1 bay per 20
learners.
If facility cannot be
accommodated on If facility cannot be
street, provision must accommodated on
be made to street, provision must
accommodate the be made to
equivalent amount of accommodate the
bays required for this equivalent amount of
facility off-street bays required for this
facility off-street
Place of instruction [0,4] 0,1 bays per [0,4] 0,1 bays per Nil
(post-school level) student, plus 1 bay per student, plus 1 bay
classroom and 1 bay per classroom and1
per office bay per office
Library, museum 2 bays per 100 m² 1,5 bays per 100 m² Nil
[GLA] floor space [GLA] floor space
Place of assembly, 1 bay per 6 seats or 1 bay per 8 seats or Nil
place of worship, persons, calculated at persons, calculated
place of 1,4 m² floor space = 1 at 1,4 m² floor space
entertainment, person = 1 person
funeral parlour
Sport stadium 1 bay per 4 seats or 3 bays per 20 seats or Nil
persons (or as per persons (or as per
transport transport
management plan) management plan)
Recreation or 1 bay per 8 seats or 1 bay per 10 seats or Nil
sports complex persons persons
Gymnasium, [10] 7 bays per 100 m² [8] 7 bays per 100 m² Nil
health club GLA GLA
Land use Standard areas PT1 areas PT2 areas

Hospital (general 1 bay per bed, plus 3 1 bay per bed, plus 2 Nil
and private) bays per consulting bays per consulting
room room
Clinic, medical [4 bays per consulting [3 bays per consulting Nil
consulting rooms, room] Base ratio of 2.5 room] Base ratio of
veterinary practice bays per consulting 2.5 bays per
room for facilities consulting room for
comprising a facilities comprising a
maximum of 5 maximum of 5
consulting rooms. consulting rooms.

For larger facilities, For larger facilities,

consecutively add 0.5 consecutively add
bays for each 0.5 bays for each
consulting room in consulting room in
excess of 5 consulting excess of 5 consulting
rooms, up to a rooms, up to a
maximum ratio of 5 maximum ratio of 5
bays per consulting bays per consulting
room for facilities with room for facilities with
10 or more such rooms 10 or more such
rooms
Shops (excluding [4] 3 bays per 100 m² 2 bays per 100 m² Nil
supermarket) GLA GLA
Supermarket, [6] 4 bays per 100 m² [4] 2,5 bays per Nil
shopping centre GLA 100 m² GLA
Restaurant [2] 6 bays per 100 [1] 4 bays per 100 Nil
[25] m² GLA [25] m² GLA
Offices 4 bays per 100 m² GLA 2,5 bays per 100 m² Nil
GLA
Conference 6 bays per 10 seats 4 bays per 10 seats Nil
centre
Motor showroom [3] 2 bays per 100 m² [3] 2 bays per 100 m² Nil
GLA GLA
Motor repair 4 bays per service bay, 4 bays per service [Nil] 4 bays per
garage, service plus 4 bays per 100 m² bay, plus 4 bays per service bay
station GLA, minimum 8 bays 100 m² GLA, minimum
8 bays
Motor fitment 2 bays per service bay 2 bays per service [Nil] 2 bays per
centre bay service bay

Industry [2] 1,5 bays per 100 m² [1,5] 0,5 bays per Nil
GLA for facilities up to 100 m² GLA for
3000m2 GLA. facilities up to 3000m2
GLA.
1 bay per 100m2 GLA
for facilities larger than 1 bay per 100m2 GLA
3000m2 GLA for facilities larger
than 3000m2 GLA
Warehouse, 1 bay per 100 m² GLA 1 bay per 100 m² GLA Nil
storage building
 Land use Standard areas PT1 areas PT2 areas

Self-storage 0,2 bays per 100m2 0,2 bays per 100m2 Nil
GLA GLA
“

Item 140 amended to simplify the minimum and maximum carriageway crossing widths to be 2,4m and 8m
respectively.

“140(2)(c) The minimum and maximum width[s] of any motor vehicle carriageway crossing[s] shall be
2,4 m and 8,0 m respectively [ in accordance with the following table, titled ‘Width of motor
vehicle carriageway crossings’].”

Deletion
“(d) [A combined carriageway crossing allows for both entrance and exit, whereas a single
carriageway crossing only allows for an entrance or an exit. Direct access to a garage,
carport or parking space, or combination thereof, is a combined access]”

Deletion of the table

“[Width of motor vehicle carriageway crossings
Type of carriageway crossing Minimum width Maximum width
Single entrance or exit way 2,7 m 4,0 m
Combined entrance and exit way 5,0 m 8,0 m]
“

Item 141 amended to include the GR1zoning whereby a tandem bay is counted as two bays.

“I41(1) (c) A tandem bay accommodating two motor vehicles shall be regarded as one bay for the
purposes of this development management scheme; except for single residential zonings,
general residential subzoning 1: group housing or for a dwelling unit, other than flats, in any
other zoning, where a tandem bay shall be regarded as two bays;”

Item 143 amended to reconfigure the provision of parking bays and motorcycle spaces.

“143 (2) For every four motorcycle [and] or [six] ten bicycle parking spaces provided, a credit of one
parking bay may be given towards the parking requirements, provided that:
(a) the total credit shall not exceed 2,5% of the parking bays required;
(b) the minimum dimension for a motorcycle space shall be 2,2 m in length and 1 m in width;
and
(c) the minimum dimension for a bicycle space shall be 2 m in length and 0,6 m in width.“

Item 158 amended to clarify the competent authority is the City in the Koeberg Restriction Area Overlay
Zoning.

“158(1)
(c) development application’ means any construction or utilisation of land or any application
made to [a competent authority] the City for [additional or new] increased use rights in
terms of planning legislation or the zoning scheme regulations, other than that which is
already permitted in terms of the development management scheme, and which either
increases the transitory or permanent population within the Precautionary Action Zone
(PAZ) or the Urgent Protective Action Zone (UPZ) and/or which might compromise the
effective implementation of the Koeberg Nuclear Emergency Plan.

158(2)
(b) provided land owners may, subject to obtaining the approval of the [competent authority]
City, exercise [additional or new] increased use rights which will not result in any transitory
or permanent population growth and where the [competent authority] City is satisfied that
 the disaster management infrastructure necessary to ensure effective implementation of
the approved traffic evacuation model and associated disaster risk management
procedures, is adequate.

158(3)
(a) a development application shall only be approved by the [competent authority] the City
where it is satisfied that the disaster management infrastructure necessary to ensure
effective implementation of the approved traffic evacuation model and associated
disaster risk management procedures, is adequate;
(b) provided land owners may, subject to obtaining the approval of the [competent authority]
the City, exercise [additional or new] increased use which will not result in any transitory or
permanent population growth; “

Item 158A Third Dwelling Overlay Zoning deletion to accommodate the third dwelling rather as an additional
use right in the Single Res 1 & 2 Zonings.

Substitution of Item 158B, C and D this replaces the pervious overlay zoning provisions. It provides limited
additional uses in the SR1 & 2 zonings. This only provides for the overlay, properties still need to be identified
for inclusion into the overlay. This will require further public participation.

“Part 3: Scheduled Public Transport Accessibility Overlay Zoning (SPTAO)

(Items 158B – 158DA)

158B Designated erven in the Scheduled Public Transport Accessibility Overlay Zoning

High intensity residential land units and low intensity residential land units as depicted on the
scheduled public transport accessibility map and as designated to have this overlay zoning are
subject to items 158C, 158D and 158DA.

158C Use of property: Scheduled Public Transport Accessibility Overlay Zoning

(1) High intensity residential land units have the following additional use rights, in addition to the
additional use rights listed in the respective base zonings, and subject to the development rules
in the base zoning and item 158C:

(a) land units with a zoning of Single Residential 1 and 2 -

office, guest house, restaurant, service trade and place of instruction; and

(b) land units with a zoning of Single Residential 1 -

business premises.

(2) Low intensity residential land units have the following additional use rights, in addition to the
additional use rights listed in the respective base zonings, and subject to the development rules
in the base zoning and item 158C:

(a) land units with a zoning of Single Residential 1 and 2 -

office, guest house, place of instruction and service trade; and

(b) land units with a zoning of Single Residential 1 -

house shop.

158D Development rules: Scheduled Public Transport Accessibility Overlay Zoning

(1) The following development rules are applicable to high intensity residential land units:

(a) Land units with a zoning of Single Residential 1:

(i) floor factor of 1.5 on land units up to 350m2 in area;

 (ii) floor factor of 2 on land units greater than 350m2 up to 650m2 in area; and
(iii) 1,0 m street boundary building line, for land units up to 650m2 in area.

(b) Land units with a zoning of Single Residential 2:

(i) floor factor of 1.5 on all land units.

(2) The following conditions apply to the respective additional use rights on high intensity
residential land units, in addition to the respective conditions listed in items 21(b)(i),(iii),(iv) and
(v) and 26(b) (ii), (iii), (iv) and (v):

(a) Office, guest house and restaurant

At least one dwelling unit used for permanent accommodation of a single family must
exist on the property.

(b) Service trade

(i) At least one dwelling unit used for permanent accommodation of a single family
must exist on the property;
(ii) The extent and position of the service trade shall be clearly defined on a site
development plan to be approved by the City and the floor space thereof shall
not exceed 40% of the size of the land unit;
(iii) No more than six persons in total shall be engaged in activities linked to the service
trade on the property, excluding public visitors and clients;
(iv) The hours of operation shall not extend beyond 08:00 to 18:00 on Mondays to
Fridays;
(v) A builder’s yard and allied trades, recycling centre, spray-paint centre, fitment
centre for tyres, shock absorbers or exhausts, and similar types of uses are not
permitted;
(vi) Service trade activities are only permitted on the ground floor of a building;
(vii) The service trade is subject to the relevant City department permitting direct
access from a public street; and
(viii) The City may, at any stage, by written notice call for a cessation of the land use or
activity, or impose conditions in order to minimise any potential nuisance to
surrounding neighbours or the general public.

(c) Place of instruction

The following conditions apply:

(i) At least one dwelling unit used for permanent accommodation of a single family
must exist on the property;
(ii) The extent and position of the place of instruction shall be clearly defined on a plan
to be approved by the City and the floor space thereof shall not exceed 40% of
the size of the land unit;
(iii) No more than 35 persons in total shall be enrolled or involved in a place of
instruction on the property, which include students, children; trainees, trainers and
educators;
(iv) The hours of operation shall not extend beyond 07:00 to 18:00 on Mondays to
Fridays; and
(v) The City may, at any stage, by written notice call for a cessation of the land use or
activity, or impose conditions in order to minimise any potential nuisance to
surrounding neighbours or the general public.
(d) Business premises

The following conditions apply to a business premises, other than a restaurant, office or
service trade:

(i) At least one dwelling unit used for permanent accommodation of a single family
must exist on the property;
 (ii) The extent and position of the business premises shall be clearly defined on a plan
to be approved by the City and the floor space thereof shall not exceed 40% of
the size of the land unit;
(iii) No more than ten persons shall be employed in activities linked to the business
premises on the property, excluding public visitors and clients;
(iv) The hours of operation shall not extend beyond 08:00 to 18:00 on Mondays to
Fridays;
(v) Business premises activities are only allowed from the ground floor of a building;
(vi) A builder’s yard and associated trades, recycling centre, spray-paint centre,
fitment centre for tyres, shock absorbers or exhausts, and similar types of uses are
not allowed as part of the business premises;
(vii) The business premises is subject to the relevant City department permitting direct
access from a public street; and
(viii) The City may, at any stage, by written notice call for a cessation of the land use or
activity, or impose conditions in order to minimise any potential nuisance to
surrounding neighbours or the general public.

(3) The following conditions apply to the respective additional use rights on low intensity residential
land units, in addition to the conditions listed in items 21(b)(i), (iii), (iv) and (v) and 26(b) (ii), (iii),
(iv) and (v):

(a) Office and guest house

At least one dwelling unit used for permanent accommodation of a single family must
exist on the property.

(b) Place of instruction

(i) At least one dwelling unit used for permanent accommodation of a single family
must exist on the property;
(ii) The extent and position of the place of instruction shall be clearly defined on a plan
to be approved by the City and the floor space thereof shall not exceed 25% of
the size of the land unit;
(iii) No more than 15 persons in total shall be enrolled or involved in a place of
instruction on the property, which include students, children; trainees, trainers and
educators;
(iv) The hours of operation shall not extend beyond 07:00 to 18:00 on Mondays to
Fridays; and
(v) The City may, at any stage, by written notice call for a cessation of the land use or
activity, or impose conditions in order to minimise any potential nuisance to
surrounding neighbours or the general public.

(c) Service trade

(i) At least one dwelling unit used for permanent accommodation of a single family
must exist on the property;
(ii) The extent and position of the service trade shall be clearly defined on a plan to
be approved by the City and the floor space thereof shall not exceed 25% of the
size of the land unit;
(iii) No more than three persons in total shall be engaged in activities linked to the
service trade on the property, excluding public visitors and clients;
(iv) The hours of operation shall not extend beyond 09:00 to 17:00 on Mondays to
Fridays;
(v) A builder’s yard and allied trades, recycling centre, spray-paint centre, fitment
centre for tyres, shock absorbers or exhausts, and similar types of uses are not
allowed;
(vi) Service trade activities are only allowed from the ground floor of a building;
(vii) The service trade is subject to the relevant City department permitting direct
access from a public street; and
(viii) The City may, at any stage, by written notice call for a cessation of the land use or
activity, or impose conditions in order to minimise any potential nuisance to
surrounding neighbours or the general public.
 (d) House shop

The conditions listed in item 28 apply.

(4) Any development rule contained in the public transport accessibility overlay zoning that
exceeds the limitations of a base zoning shall be deemed to be an approved departure from
the provisions of the base zoning.”

Item 158DA insertion of a general rule that municipal services must be available for the additional use rights.

“158DA General provisions: Scheduled Public Transport Accessibility Overlay Zoning

The following provisions apply:

(1) The City’s municipal services departments must certify that capacity is available on the
services network for the additional use rights listed in item 158B.
(2) The City may approve a scheduled public transport accessibility map which indicates high
and low intensity residential land units.”

Item 158E amended to reflect new location of second dwelling rules.

“158E(2)Additional use rights are second dwelling, subject to item [53] 25A.”

Item 163 amended to cater for the fact that the heritage management plans cannot contain special
provisions in terms of this By-law. Management plans can still be created and propose special provisions.

“163(1) The City may apply specific provisions to a heritage place or heritage area protected as a
Heritage Protection Overlay zone, which may be in addition or alternative to the general
provisions in item 162, provided it relates to land use and development rules [and are recorded
in a heritage management plan approved by the City in terms of this By-Law].”

Item 164 amended to add further criteria for imposing appropriate conditions in a Heritage Overlay Zoning
application

“164(3) In approving an application referred to in item 162(1), the City may impose any conditions it
believes appropriate for the protection and enhancement of the heritage place or area,
including inter alia conditions regarding:
(a) requirements for landscaping;
(b) use of materials and finishes;
(c) heritage management plans;
(d) recycling or reuse of materials;
(e) method statements; [and]
(f) timescales within which work approved must be in place or be completed[.];
(g) architectural form and treatment; and
(h) development rules applicable to the land unit.”

Item 167 amended to cater for the fact that the environmental site or activity management plan cannot
contain special provisions in terms of this By-law. Management plans can still be created and propose special
provisions.

“167(1) The City may apply specific provisions in an environmental management overlay zone, which
may be in addition or alternative to the general provisions in item 166, provided it relates to
land use and development rules [and are recorded in an environmental site- or activity-
management plan approved by the City in terms of this development management scheme].”

Item 176 amended replaces the deleted base level with existing ground level, and accounts for third
dwellings.

“176
 (3) The maximum height of a building, measured from [base] existing ground level to the
wallplate, shall be 6 m, and to the top of the roof shall be 8 m.

(6) The common boundary setbacks specified in this development management scheme
shall apply to all dwelling houses, second dwellings, third dwellings, group housing, blocks
of flats, residential buildings, or outbuildings to any of the foregoing.

(7) The coverage provisions of this development management scheme shall apply to all
dwelling houses, second dwellings, third dwellings, group housing and blocks of flats or
outbuildings on any site smaller than 350 m². Permitted coverage on sites greater than 350
m² in extent for all of the above buildings shall be 65%.”

Item 185 amended and insertion to clarify GB7 & MU3 zoning provisions relating to additional floor factor in
the Cape Town CBD local area.

“185(2)
(b) notwithstanding the provisions of the development management scheme relating to floor
factor, land that is zoned GB7 [or MU3]:
(i) shall be subject to the floor factor specified on Plan LAO/4 for the land unit concerned,
unless there is no such specification, in which case the provisions of the development
management scheme shall apply[; and]
[(ii) the floor factor may be increased by 30%, provided at least 30% of the building floor
space remains in use as flats].”

insertion
“(bA) Notwithstanding the provisions of the development management scheme relating to
floor factor, land that is zoned MU3:
(i) shall be subject to the floor factor specified on Plan LAO/4 for the land unit
concerned, unless there is no such specification, in which case the provisions of the
development management scheme shall apply; and
(ii) the floor factor may be increased by 30%, provided at least 30% of the building floor
space remains in use as flats.”.

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