UMDONI URBAN LAND USE SCHEME CLAUSES … · UMDONI URBAN LAND USE SCHEME: CLAUSES Umdoni Urban Scheme Clauses January 2015.doc 1 CHAPTER 1 BASIC PROVISIONS 1.1 TITLE This Scheme shall

UMDONI URBAN LAND USE

SCHEME CLAUSES

JANUARY 2015

UMDONI URBAN LAND USE SCHEME: CLAUSES

i Umdoni Urban Scheme Clauses January 2015.doc

URBAN LAND USE SCHEME

SCHEME CLAUSES

I N D E X

PART 1 : INTRODUCTION TO THE SCHEME AND DEFINITIONS

CHAPTER 1 : BASIC PROVISIONS 1.1 Title 1 1.2 Purpose 1 1.3 Scheme Area 2 1.4 Effective Date 2 1.5 Planning Authority 2 1.6 Erection and Use of Buildings and use of land 2 1.7 Enforcement 3 1.8 Amendment to the Scheme 3 1.9 Appeal 3 1.10 Development Control Urban Areas 3 1.11 Subdivision/Consolidation of Land 3 1.12 Alteration, Suspension and Deletion of Restrictions Relating to Land 3 1.13 Environmental Consideration 4 1.14 Guideline Documents Relating to Application in terms of Ordinance And Act and Relating Municipal Policies 4 1.15 Scheme Map References 4

CHAPTER 2 : DEFINITIONS AND TYPES OF BUILDING AND LAND USE 5

PART 2 : LAND USE ZONES: BUILDING AND LAND USE MANAGEMENT

CHAPTER 3 : RESERVATION OF LAND ENVIRONMENTAL MANAGEMENT 34 3.1 Context 34 3.2 Declaring or Closing of Streets 35 3.3 Environmental Management 35

CHAPTER 4 : LAND AND BUILDINGS 40 4.1 Building Lines 40 4.2 Side and Rear Space 41 4.3 Floodlines 41 4.4 Erf Control 42 4.5 Minimum Frontage Requirements 44 4.6 Building Restrictions and the Use of Land 44 4.7 Erection and Use of Buildings and Use of Land 44 4.8 Floor Area Ratio, Coverage and Height 45 4.9 Residential and Resort Zone Tables 46 4.10 Mixed Use and Industrial Zones Tables 61 4.11 Active Open Space, Urban Agriculture and Civic and Social Zones Tables 71 4.12 Transportation, Access, Facilities, River and Amenity Reserves Tables 81 4.13 Passive Open Space and Conservation Reserve Tables 83


ii Umdoni Urban Scheme Clauses January 2015.doc

4.14 Private Conservation and Eco-Agri Recreation Zones Tables 85 4.15 Special Zones Tables Scottburgh Portion 87 4.16 Special Zones Tables Park Rynie Portion 100 4.17 Special Zones Tables Park Umzinto Portion 103 4.18 Special Zones Tables Kelso Portion 105 4.19 Special Zones Tables Pennington Portion 110 4.20 Special Zones Tables Ifafa Lagoon/Club Marina Portion 123 4.21 Special Zones Tables Elysium Portion 125 4.22 Special Zones Tables Mtwalume Portion 129

PART 3 : DEVELOPMENT AND USE STANDARDS AND REGULATIONS

CHAPTER 5 : SCHEME ADMINISTRATION AND APPLICATIONS FOR CONSENT

AND APPROVAL 130 5.1 Prohibition on Development/Use of Land and/or Buildings and Application 130

Requirements 5.2 Inspection of Scheme 132 5.3 Amendment to the Scheme 132 5.4 Building Plan Approval 132 5.5 Conflict of Laws 133 5.6 Siting of Buildings and Access Points and the Conservation 133

of Indigenous Flora and Water Courses 5.7 Non-Conforming Existing Use

134

5.8 External Appearance of Buildings 134 5.9 Advertisements 135 510 Exemptions 135 5.11 Use of Hotels for certain purposes 135 5.12 Entry and Inspection 136 5.13 Service Notices 136 5.14 Offences 136

CHAPTER 6 : OFF-STREET PARKING AND LOADING STANDARDS 137 6.1 General Purpose 137 6.2 Applicability 137 6.3 General Regulations 137 6.4 Specific Loading and Parking Provisions 138 6.5 Loading and services Areas 139

PART 4 : TECHNICAL DESIGN REQUIREMENTS

CHAPTER 7 : TECHNICAL DESIGN REQUIREMENTS 143 7.1 Design and Layout of Caravan Parks 143 7.2 Application Procedure Design and Layout of Medium Density Housing 143 7.3 Garage and Service Stations 145 7.4 Policy for the control of Traffic Generating Sites 146 7.5 Policy for Admission of Retail into Industrial Zones 147 7.6 Special Zone 7.2 Design Controls 148

PART 5 : MANAGEMENT OVERLAYS

CHAPTER 8 : MANAGEMENT OVERLAYS 150


iii Umdoni Urban Scheme Clauses January 2015.doc

8.1 Table for recording Management Overlays 150 8.2 Table for Recording Scheme Amendments 150


Umdoni Urban Scheme Clauses January 2015.doc 1

CHAPTER 1

BASIC PROVISIONS

1.1 TITLE

This Scheme shall be known as the “Umdoni Urban Land Use Scheme”, hereinafter referred to as the Scheme.

1.2 PURPOSE

The purpose of this Scheme is to promote the co-ordinated and harmonious development of the Umdoni area in such a way as will most effectively tend to promote health, safety, order, amenity, convenience and general welfare, as well as efficiency and economy in the process of development, and the improvement of communications. In furtherance of this purpose, the Umdoni Municipality desires to achieve a pattern and distribution of land uses which will generally:

1.2.1 Retain and enhance established residential neighbourhoods, commercial and

industrial districts, sub-regional-serving uses (such as Magistrate’s Court, Government Hospital and Government Department Offices), recreation and amenity.

1.2.2 Allow for the infill and recycling of areas at their prevailing scale and character.

1.2.3 Allow for the intensification of commercial and industrial uses within certain

designated areas.

1.2.4 Allow for mixed residential density in select residential neighbourhoods.

1.2.5 Accommodate expansion of development into vacant and low-use lands within environmental and infrastructure constraints, and in accordance with the Integrated Development Plan (IDP).

1.2.6 Maintain and enhance significant environmental resources.

1.2.7 Provide a diversity, within the area, of areas characterised by differing land use

activity, scale and intensity, so as to cater for the needs of the wider community across the socio-economic spectrum.

1.2.8 Establish Umdoni, as a unique and distinctive place on the KwaZulu-Natal South

Coast with a high quality of life and aesthetic, secure environment for the residences and businesses.

PART 1: INTRODUCTION TO THE SCHEME AND

DEFINITIONS



1.3 SCHEME AREA

The area to which this Scheme applies consists of the area of land under the jurisdiction of the Municipality as set out below:

1.3.1 Scottburgh / Scottburgh Central: Proclamation Nos 6 of 1945 and 42 of 1949

Scottburgh South: Proclamation Nos 25 of 1955 and 63 of 1956 Scottburgh Freeland Park: Proclamation No. 8 of 1958

1.3.2 Umzinto North: Proclamation No. 9 of 1958 1.3.3 Umzinto: Proclamation No. 9 of 1958 1.3.4 Park Rynie: Proclamation No. 64 of 1956 1.3.5 Esperanza: Proclamation No. 275, 276, 277 of 2001 1.3.6 Pennington Proclamation No. 130 of 1968 1.3.7 Pennington

(Retirement Village) Proclamation No. 51 of 1986 1.3.8 Selborne Park Proclamation No. 41of 1988 1.3.9 Bazley Proclamation No. 34 of 1967 1.3.10 Ifafa Proclamation No. 32 of 1967 1.3.11 Elysium Proclamation No. 27 of 1967 1.3.12 Mtwalume Proclamation No. 70 of 1970 1.3.13 Sezela Proclamation No. 60 of 1995 1.3.14 Scheme Extension areas including Shayamoya, Ocean View, Ifafa Glebe,

Darlington all as at illustrated on Resolution Map Drawing UMDSCHEXTENSION UMD782 dated October 2002.

1.4 EFFECTIVE DATE

The effective date is the date that the Municipality’s decision to adopt a scheme for Umdoni urban areas comes into effect in terms of Section 16 of the Planning and Development Act 6 of 2008 and is as follows:

1.5 PLANNING AUTHORITY

The Umdoni Municipality shall be the authority responsible for enforcing and carrying into effect the provisions of the Scheme, provided that certain functions may be delegated.

1.6 ERECTION AND USE OF BUILDINGS AND USE OF LAND

Tables for each zone give the purpose for which:

(i) Buildings may be erected and used or land may be used subject to the approval of building/layout plans as considered necessary by the Municipality;

(ii) Buildings may be erected and used or land may be used only with the Special Consent of the Municipality, which applications shall be accompanied by a layout plan and written motivation; and

(iii) Buildings may not be erected and used and land may not be used.



1.7 ENFORCEMENT

No person shall develop land without the approval of the Municipality and such development shall be in accordance with any and all conditions set by the Municipality. Where development takes place without the approval of the Municipality or where such development is not in accordance with this scheme or any condition set by the Municipality, a Contravention Notice shall be served by the Municipality. Where a person fails to take action in terms of the Contravention Notice such person shall be guilty of an offence.

1.8 AMENDMENT OF SCHEME

The Municipality may initiate an amendment of this scheme, and an owner of land may apply for an amendment of this scheme in accordance with procedures laid down in terms of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008) hereafter referred to as the Act.

1.9 APPEAL

Appeal procedures are laid down in the Ordinance and the Act.

1.10 DEVELOPMENT CONTROL URBAN AREAS 1.10.1 Development controls are set in these Scheme Clauses for the Urban Areas which will

need to be complied with for any proposed development. 1.10.3 Development proposed in close proximity to service infrastructure and roads shall

take into account the building restrictions required by the service authorities. Maps showing the position of service infrastructure shall be regarded as overlays to this scheme

1.11 SUBDIVISION/CONSOLIDATION OF LAND

An application to subdivide and/or consolidate land shall be made in terms of the requirements set in Chapter 3 of the Act. In urban areas, subdivision shall be exempt from the giving of public notice, as shall consolidation of land.

1.12 ALTERATION, SUSPENSION AND DELETION OF RESTRICTIONS RELATING TO

LAND

Application for the alteration, suspension or deletion of restrictions relating to land shall be undertaken in accordance with Chapter 6 of the Act.



1.13 ENVIRONMENTAL CONSIDERATION

The Environmental Controls, as described in Clause 3.3, will be applied to all development applications in order to ensure environmental management is considered from the outset of an application. This will endeavour to maintain the environmental integrity of the Municipality. Environmentally Sensitive areas are as defined in the Municipality’s SEA/IEMP. Should environmentally sensitive areas be identified through further assessments, these should be treated in the same manner.

1.14 GUIDELINE DOCUMENTS RELATING TO APPLICATION IN TERMS OF THE

ORDINANCE, ACT AND RELATED MUNICIPAL POLICIES

Guideline Documents and Application Forms, and related Municipal Policies as contained in a companion document to this Scheme are available from the Municipality, and may be updated independently of the Scheme.

1.15 SCHEME MAP REFERENCES

The Scheme Maps as adopted by Council have reference numbers …….. and are dated……….



CHAPTER 2

DEFINITIONS AND TYPES OF BUILDING AND LAND USE

(Note: Building shall mutatis mutandis include use of land) 2.0 In these Clauses, unless the context otherwise indicates, any word shall, when used

in the Scheme, have the same meaning as is assigned to it in the Act, otherwise it shall have the meaning assigned to it in these definitions:

2.1 ABUTTING (ADJACENT)

Means two or more erven sharing a common boundary, of at least 1 point.

2.2 ACCESS

Means safe, adequate, and usable ingress to or egress from a property or use.

2.3 ACCESS WAY

Means a public or private way, at the rear or side of property, reserved, but not necessarily registered in the Deeds Registry, as an ancillary means of vehicular or pedestrian access to abutting property. (See also Public or Private Right-of-Way).

2.4 ACCESSORY BUILDING OR STRUCTURE

Means a structure detached from the structure of the principal use on the same Erf or subdivision, and being incidental to the principal use.

2.5 ACCESSORY USE

Means a use which is incidental to the principal use.

2.6 ACT

Means the KwaZulu-Natal Planning and Development Act, Act No. 6 of 2008, as amended.

2.7 AGRICULTURAL BUILDING

Means a building used in connection with, or which would ordinarily be incidental to, or reasonably necessary in connection with, the use of the site or that building as agricultural land.

2.8 AGRICULTURAL INDUSTRY

Means a use or building used for the intensive production in any form whatsoever, of fish, poultry, game birds, livestock (e.g. feedlots) and allied products, and includes any final processing of these commodities.



2.9 AGRICULTURAL LAND

Means arable, meadow or pasture land, market gardens, poultry farm, nursery garden and land used for the purpose of breeding or keeping domestic animals, poultry or bees and includes any buildings connected therewith, but excludes Agricultural Industry use and buildings, and buildings connected with the housing of cats and dogs.

2.10 ALTERATION

Means any construction or physical change in the exterior and/or internal arrangement of rooms or the supporting members of a building or structure, or material change in the appearance of any building or structure.

2.11 ANCILLARY USE

Means a use incidental to and customarily associated with a specific principal use, located on the same Erf or subdivision.

2.12 ANTENNA

Means a device for transmitting or receiving radio, television, or any other transmitted signal.

2.13 APPEAL TRIBUNAL

Is the Town Planning Appeals Board established in terms of Section 73 bis of the Ordinance or the KwaZulu-Natal Planning Development Appeal Tribunal established by Section 100(1) of the Act whichever is applicable at the time of application.

2.14 APPLICANT

Means the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary consents under this Scheme or the agent(s) of such persons.

2.15 ARCADE Means an area forming part of a building which may or may not be covered, reserved exclusively for pedestrian traffic, but may include fountains, benches and other similar features and shall nowhere have a total width of less than 4 metres and an unobstructed width of less than 2 metres.

2.16 ARCHITECT

Means a person registered as an architect in terms of the Architect Profession Act, 200 (Act No. 44 of 2000).



2.17 AREA OF SCHEME

Means the area which lies within the inner edge of the boundary line coloured blue or otherwise demarcated on the Resolution Maps or extensions thereto.

2.18 ATTACHED

Means any structure that has an interior wall or roof in common with another structure.

2.19 AUTHORITY

Means the written authority given by the Municipality in terms of its statutory powers.

2.20 AWNING

Means a roof-like cover that is attached to and projects from the wall of a building used either for the purpose of shielding from the elements or as an architectural feature.

2.21 BALCONY

Means any internal or external portion of a building, of which portion at least one of its sides is not permanently closed and is open to the elements, and which portion shall have direct access to the building.

2.22 BASEMENT

Means the storey below the ground floor of any building and shall qualify as a basement where such storey of a building has more than 75% of its volume below the lesser of either the mean finished ground level or the natural ground level immediately surrounding the building, provided that where the erf on which the building is placed is steep or other special circumstances exist, the local authority may relax the said 75 % to 50 %.

2.23 BED AND BREAKFAST

Means a transient lodging establishment primarily engaged in providing overnight or otherwise temporary lodging for a maximum of 6 members of the general public and may provide meals to the extent otherwise permitted by law. The owner / agent shall reside on the property. Such development shall be in line with Municipality’s Bed and Breakfast policy and application shall be made in the manner set out in the policy. See the operational guidelines for the processing of planning applications within the municipality.

2.24 BETTING DEPOT

Means a building used for the purpose of a bookmaker’s premises or a totalisator agency in terms of the KwaZulu-Natal Gaming and Betting Act, 2010 (Act No. 08 of 2010). Such usage shall be regarded as a shop except in terms of parking provision.



2.25 BOARDING HOUSE

Means a structure where lodging and/or meals is/are provided for 7 or more lodgers who are accommodated for a period longer than those on a transient basis (i.e. longer than 2 weeks), provided that a student “digs” shall be included in this definition where more than six such persons share such accommodation. (See also Family).

2.26 BUILDING

Means any structure or erection of an immovable nature for whatever purpose used including any tank, swimming pool or radio-mast and any wall, retaining wall or close-boarded fence more than 1,8 metres in height at any point, but excluding any open fence, post, steps, pier, ramp, fountain, statue, fish-pond, pergola or other garden ornamentation. (See also Residential Density for definition of Building Density).

2.27 BUILDING LINE

Means a line parallel to any boundary of an erf which is conterminous with a street, public right of way, road reservation, conservation reservation or amenity reservation; or in the case of "hatchet shaped" erven, a line parallel to the boundary nearest to the street which is not a boundary of the access strip.

2.28 BUILDING SITE

Means the ground area of a building or buildings together with all open spaces or areas required by or in terms of this Scheme.

2.29 BUILDING HEIGHT

Means the vertical distance from the mean finished ground level to the highest point of structure, excluding the chimney (See also Height and Storey).

2.30 BYLAW

Means a regulation made to enable the Municipality to give proper effect to the powers and duties conferred or imposed upon it.

2.31 CARAVAN

Means any vehicle permanently fitted out for use by persons for living and sleeping purposes whether or not such vehicle is a trailer or motor driven “Camper Van”.

2.32 CARAVAN PARK

Means an area of land provided with adequate ablution and sanitary facilities with or without a communal kitchen, constructed with permanent materials arranged for the accommodation of caravans which are used primarily for temporary holiday dwelling units and provided also with permanent water points, approved refuse receptacles and containing within the curtilage a sufficient open space for recreational purposes, and may also include one dwelling unit for caretaker or



manager's use.

2.33 CARPORT

Means a permanent roofed structure, not completely enclosed, to be used for vehicle parking. (See also Roof).

2.34 CEMETERY

Means a place permanently set aside and used for the purposes of the burial of human remains and may include buildings that are necessary for the administration of the Cemetery.

2.35 CHALET

Means a Single Family Dwelling which, together with any buildings or structures incidental thereto, including any building or carport used for the storage and/or parking of motor vehicle/s, shall not exceed a total floor area of 60 m², being the sum of all storeys and basements.

2.36 CLUSTERED SUBDIVISION OR DEVELOPMENT

Means a subdivisional or sectional title development in which building erven are of smaller size than normal conventional erf sizes within the zone in question, and the structures are therefore sited closer together than conventional development, usually in groups or clusters, provided that the total residential density in general, and building density in particular, does not exceed that permitted under the zoning. The additional land that remains undeveloped shall be reserved for a variety of uses including: private open space, conservation area and recreation land. Private open space areas around the structures are permitted for inclusion of private landscaping, pools, spas, yards etc. (Refer to Medium Density Housing).

2.37 COMMERCIAL WORKSHOP

Means a light industrial building wherein the primary purpose is the selling of goods or services by retail and where the processes are operated specifically in conjunction with a shop or office to which the public, as customers, has access and includes such uses as a watch repairer, shoe repairer, radio/television repairer, computer repair, electrician and may include a jobbing printer, but excludes a garage or service station, or a building related to the repair or fitment of motor vehicle parts.

2.38 COMMON LAND

Means that portion of a Medium Density Housing Site which is set aside for the use and enjoyment of all the occupants of the dwelling units on that site and from which the general public may be excluded. (See also Private Open Space Area).

2.39 CONSENT

Means the special consent of the Municipality where such special consent relates to any application made in terms of Section 67 bis of the Ordinance or any subsequently adopted amended Act.



2.40 CONSERVATION AREA

Means an area of land and / or water within which the conservation of the scenic beauty, indigenous flora and fauna and other naturally occurring material, water courses, topographical features and / or places of historic or scientific interest is of primary importance. See also Private Conservation Area

2.41 CONTRAVENTION NOTICE

Means written notice served in terms of Section 77 (1) of the Ordinance or a notice contemplated in Section 79(1) of the Act.

2.42 CORRIDOR

Means any internal or external access way providing common access in a building and, without limiting the generality hereof, shall include stairwell, lift shaft and access galleys.

2.43 COUNCIL

Means the Local Council of the Umdoni Local Municipality or any subsequently elected body.

2.44 COURT

Means an open, unoccupied space, on the same Erf with a building and bounded on 2 or more sides by the walls of a building.

2.45 COVERAGE

Means the proportion of an Erf covered by buildings or structures of a permanent nature, and is expressed as a percentage of the Erf area as defined. Thus 25% coverage means that only one quarter of the Erf may be covered by buildings. Only roofed areas are included in the coverage (See also clauses 4.8 and 6.4(1)(i) and the definition of Roof).

2.46 CONSTRUCTION COMMENCEMENT

Means the start of construction of substantial site and / or structural improvements after the date when a building plan has been approved.

2.47 CRECHE

Means a building or portion of a building for the care of seven or more infants and/or young pre-school children during the daytime in the absence of their parents or guardians.

2.48 CREMATORIUM

Means a building where the dead are reduced to ash, and includes facilities for associated religious and administrative functions.



2.49 DATE OF ADOPTION

Means the date upon which any provision of this Scheme was/is adopted by the Municipality in terms of Section 47bisA (4) of the Ordinance or Section 13 (1) (a) of the Act.

2.50 DAY CARE CENTRE FOR CHILDREN

Means a facility which provides non-medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 hour basis. Day care centre includes child care facilities such as a creche, pre-schools, and extended pre-school or school day care facilities.

2.51 DAYS

Shall be consecutive calender days unless otherwise stated.

2.52 DESIGN

Means the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facility and utilities, including alignment and grades thereof; location and size of all required servitudes and rights-of-ways; erf size and configuration; traffic access; land to be dedicated for open space, conservation or recreational purposes; building and other such specific physical requirements.

2.53 DETACHED

Means any building or structure that does not have a wall or roof in common with any other building or structure.

2.54 DEVELOP LAND or DEVELOPMENT

Means to lay out or adapt land for the purpose of development including the removal of indigenous vegetation from a vacant Erf, the disturbance or removal of indigenous vegetation on any Erf, erection of a building on any land or to alter or extend any building but shall exclude the clearing of listed weeds and invasive plants.

2.55 DORMITORY

Means a structure intended principally for sleeping accommodation, and where no individual kitchen facilities are provided, where such structure is related to an educational or public institution or is maintained and operated by a recognized non-profit welfare organization.

2.56 DRIVEWAY

Means an unregistered private thoroughfare used by vehicles to gain access to or across a privately or commonly owned erf or portion, which is not a street.



2.57 DUPLEX FLAT

Means a dwelling unit in a Building each such unit consisting of a ground floor and one upper floor connected by an internal staircase and having direct access to a private open area.

2.58 DWELLING

Means a structure or portion thereof designed for residential occupancy, not including hotels or motels.

2.59 DWELLING UNIT

Means a set of interleading rooms including bathroom(s) and not more than one kitchen, designed as a self-contained unit for occupancy by 1 family for living and sleeping purposes.

2.60 DWELLING UNIT CURTILAGE

Means a single defined area of land forming part of a medium density housing site comprising the land upon which a dwelling is erected or is intended to be erected together with such private open areas and other areas as are reserved for the exclusive use of the occupants of the dwelling unit.

2.61 EDUCATIONAL BUILDING

Means a building used as a school, college, technical institute, academy, research laboratory, lecture hall, convent, monastery, gymnasium, public library, art gallery, museum or for other instruction together with any associated land or buildings and includes a dormitory, but does not include a reformatory.

2.62 ENGINEER

Means a person registered as a Professional Engineer in terms of the Engineering Professions Act, 2000 (Act No. 46 of 2000).

2.63 ENTERTAINMENT (LIVE)

Means any act, play, revue, pantomime, scene, dance act, or song and dance act, or any combination thereof, performed by 1 or more persons, whether or not they are compensated for the performance.



2.64 ENVIRONMENTALLY SENSITIVE AREA

Means an area with one or more of the following environmental characteristics: (1) steep slopes; (2) flood plain; (3) soils classified as having high water tables; (4) soils classified as highly erodible, subject to erosion, or highly acidic; (5) land incapable of meeting percolation requirements; (6) land formerly used for landfill operations or hazardous industrial use; (7) stream corridors; (8) mature stands of indigenous vegetation; (9) aquifer recharge and discharge areas; (10) wetlands and wetland transition areas; and (11) habitats of endangered species. Reference should be made to the Umdoni Local Municiplaity Strategic Environmental Assessment and Integrated Environmental Management Plan, 2011, and Section 3.3 of this Scheme.

2.65 ENVIRONMENTAL MANAGEMENT

Plans, investigations, strategies and controls to prevent or mitigate the effect of environmental impacts resulting from development or to enhance or improve the quality of existing environment.

2.66 ENVIRONMENTAL MANAGEMENT PLAN (EMP)

A plan referred to in Section 11 (2) of the National Environmental Management Act (Act No. 107 of 1998).

2.67 ENVIRONMENTAL SCREENING REPORT

Is a preliminary environmental assessment of the potential impacts of a proposed development on the environment; and, in particular on the ecosystems and the conservation status of the site and the biodiversity objectives of the Municipality.

2.68 ERECTION OF A BUILDING

Means the construction of a new building or a structural alteration or additions to any building.

2.69 ERF

Means a registered subdivision of land; provided that where, as a provision of the Scheme, a proposed road reservation or a change in zoning divides a registered subdivision into two or more portions, the term "Erf" shall for the purposes of this Scheme apply to each of such portions as if they had been separately registered. (See also Net Site or Erf Area).



2.70 ERF AREA

Means the Erf Area in any zone is exclusive of access ways in the “hatchet-shaped” erven.

2.71 ERF DEPTH

Means the average distance between the front and rear erf lines or between the front line and the intersection of the two side lines, if there is no rear line.

2.72 ERF FRONTAGE

Means the length of the boundary of an erf which is coincident with the boundary of an existing or proposed street.

2.73 EXISTING BUILDING

Means a building lawfully erected before the date of adoption or a building erected in accordance with plans which were approved by the Municipality prior to that date.

2.74 EXISTING ERF

Means an erf existing at the effective date.

2.75 EXISTING ILLEGAL NONCONFORMING USE OR STRUCTURE

Means a structure, erf, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Scheme.

2.76 EXISTING LEGAL NON-CONFORMING USE OR STRUCTURE

Means a use or a structure which conformed to applicable laws when developed or constructed but does not conform to the provisions of this Scheme. (See also Existing Use and Existing Illegal Non-Conforming Use or Structure).

2.77 EXISTING USE

Means a continuous use of a building or land after the date of adoption for the purpose for which it was designed and lawfully authorised by the Municipality or any other relevant authority prior to the date of adoption. (See also Existing Legal Non-Conforming Use or Structure and Existing Illegal Non-Conforming Use or Structure).

2.78 EXTRACTIVE INDUSTRY

Means the process of extracting, mining, winning or quarrying of raw materials from the ground, including gravel, sand and stone (see also quarry) and includes buildings connected with such operations and crushing plant.



2.79 FAMILY

Means an individual, or 2 or more persons related by blood, marriage or legal adoption, or a group of not more than 6 persons who are not so related, living together as a single household. (See also Household).

2.80 FLOODLINE

A floodline is the line demarcating the highest level within a watercourse to which flood waters will rise during a design storm of specified duration, intensity and return period as calculated and certified by an Engineer which must be shown on site plans of erven affected by watercourses.

In respect of any watercourse with a catchment area exceeding one square kilometre but less than five square kilometres, the lines indicating the maximum level likely to be reached on an average of every twenty years by flood waters on the land in question; and in respect of any water course with a catchment area exceeding five square kilometres the lines indicating the maximum level likely to be reached on an

average every one hundred years by water on the land in question.

2.81 FLOOR AREA

Subject to Clause 4.8 and 2.82 below, the floor area of a building shall be taken as the sum of the roofed areas of the building at each floor level, measured over and including wall thicknesses, lift shafts, staircases, balconies and access galleries.

2.82 FLOOR AREA RATIO

Means the ratio of the total floor area of the buildings on an erf to the erf area, and is expressed as a decimal, e.g. a Floor Area Ratio of 0,5 means that the floor area of the buildings on a particular erf is half the erf area, provided that the floor area of all Storeys and a Basement shall be included in the calculation of the Floor Area Ratio. In calculating the permissible floor area the following areas may be excluded:

(i) Swimming pools and tennis courts where they are for private use only;

(ii) Public arcades or covered malls in mixed use zones which are not actually used for retail purposes, i.e. for the display, sale or storage of goods; and

(iii) In the case of Garages and Service Stations, the unwalled access ways,

forecourt area and driveways covered by canopies; and (iv) garages, carports, squash courts where they are for private use only;

(v) areas covered by an awning erected for protection of windows or

recreation areas;

(vi) double volume of stairwells; (vii) a “Port Cochere” provided at an entrance way to a building used to allow

passengers to alight from a vehicle under cover.



2.83 FRAIL CARE FACILITY

Means a family home, group care facility, or similar facility for 24 hour non-medical care of persons in need of personal services, supervision or assistance, essential for sustaining the activities of daily living or for the protection of the individual. There shall be facilities for minor surgery and medical procedures, physical therapy and other similar activities, as may be required by Provincial planning policy, regulation or decree. (See also Rest Home and Retirement Home or Village). Such use falls within the use category Institution

2.84 FRONTAGE

Means the length of the boundary of an erf which is coincident with the boundary of an existing or proposed street.

2.85 FUNERAL PARLOUR

Means a building or land used for the purpose of funeral management and includes a shop intended primarily for public reception and for the sale and display of those commodities required for cemetery purposes and services ordinarily ancillary to funeral management but does not include a mortuary, monumental mason or crematorium.

2.86 GARAGE

Means a building used for the servicing, repair, storage, display, sale, spray painting, fuelling or washing and cleaning of vehicles, together with facilities connected with these activities, including the storage and sale of fuel, lubricants, new motor spares and accessories, tourist maps, brochures and including an office, storeroom, workshop, greasepit and machinery; provided that panel beating may be included by special consent. (See also Service Station).

2.87 GENERAL INDUSTRIAL BUILDING

Means an industrial building as defined in this Scheme and includes a building used for the general repair of motor vehicles, but does not include a garage, service station or Special Industrial Building.

2.88 GROSS LEASABLE FLOOR AREA

Means the floor area of a building taken as the sum of the roofed areas of the building at each floor level, measured over and including wall thicknesses, lift shafts, staircases, roofed motor vehicle parking, balconies and access galleries. (See also Basement, Roof and Storey).

2.89 GROSS SITE OR ERF AREA

Means the total area within the boundary lines of an erf or portion of land before public streets, registered servitudes or other areas to be dedicated or reserved for public use are deducted from such Erf or subdivision and which may include the area of any driveways located/positioned on the site.



2.90 GROUND FLOOR

Means the storey of a building or portion of a building on or nearest the mean finished ground level immediately surrounding the building, provided it is not a basement.

2.91 GUEST HOUSE

Means a transient accommodation establishment primarily engaged in providing 7 or more rooms and/or suites for temporary lodging by the general public and which provides meals on the premises. A lounge or bar where liquor is sold and consumed on the premises may only be permitted with the Municipality’s Special Consent and the necessary liquor licence (See also Transient).

2.92 HEIGHT

Means the height in storeys, and is expressed as a number, provided that where the ground floor of a building is on more than one level, such building shall be regarded as formed of portions in relation to each respective level and the height of such a building shall be calculated separately in respect of each portion as if such portion were a separate building. (See also Building Height and Storey).

2.93 HOLIDAY DWELLING OR CHALET

Means a Single Family Dwelling, which together with any buildings or structures incidental thereto, including any building or carport used for the storage and/or parking of motor vehicle/s, shall not exceed a total floor area of 60 m², being the sum of all storeys and basements.

2.94 HOME ACTIVITY

Means an activity or use established in, or in conjunction with a Dwelling Unit or a structure erected on the Site of an existing Dwelling Unit which -

(1) shall be restricted to one person who shall reside on the property;

(2) shall occupy a minor portion of the Dwelling Unit or its outbuildings;

(3) shall not involve or require any alteration or additions to the Dwelling Unit;

(4) shall not involve any industrial activity;

(5) shall not generate traffic sufficient to warrant the provision of additional

parking;

(6) shall not include the storage or display of any goods or items associated with the activity, nor the direct sale of goods or items, from the Site;

(7) shall not involve the exhibition on the property of any notice or sign, or the

quoting of the residential address in any advertisement of the activity.



2.95 HOME BUSINESS

Means the conduct of an occupational activity in, or in conjunction with, a Dwelling Unit which -

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

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

(3) shall not involve the regular parking of more than two motor vehicles on or adjacent to the Site at any one time, nor any vehicle with a tare mass exceeding 2000kg, being parked on or adjacent to the Site and such parking to be located to the rear of the Dwelling Unit, where possible;

(4) shall not involve the regular congregation of more than five persons on the Site nor the employment of more than three persons on the Site;

(5) shall not produce a noise level exceeding 7db above the ambient noise level, measured at any point on the property boundary, and should in any event in the opinion of the Municipality not interfere with the amenity of the neighbourhood.

(6) shall not utilise machinery other than electrically-driven or hand-driven machinery, provided that no single machine shall be rated at more than 1,5 kW;

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

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

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

(10) in the case of the establishment of a child-minder / playschool -

(i) generally, shall be operated by one person only, although an

assistant may be employed at the discretion of the Municipality;

(ii) shall not involve any additions or alterations to the Dwelling Unit and / or Outbuildings, other than those required by the State and Municipal Health Authorities;



(iii) shall be limited to the accommodation and care of not more than six children under the age of three years, or not more than twelve children over the age of three years, other than those of the applicant; and

(iv) shall be limited to operate between the hours of 07h00 and

17h30;

(11) may include a Home Plant Nursery, Tea Garden and Tuck Shop.

2.96 HOME OWNERS ASSOCIATION

Means a company registered in terms of Section 21 of the Companies Act, No. 61 of 1973, as amended, membership of which shall be exclusive to and compulsory for the freehold or registered leasehold owners of dwelling unit curtilages in a Medium Density Housing development.

2.97 HOME PLANT NURSERY

Means any land or building for the propagation and rearing of plants for gain, provided:

- that the sale of plants from the property and the storage and sale of

products associated with horticultural and garden decor shall require the Municipality’s Special Consent;

- that any structure/building developed and/or used in connection therewith

shall not exceed 50m² coverage (which shall form part of the total allowable coverage on the property);

- the person operating the Home Plant Nursery shall reside on the property

in question;

- not more than 3 persons shall be employed on the property.

- See Home Business.

2.98 HOSPITAL

Means an institution, designed for the diagnosis, care and treatment of human illness, including surgery and primary treatment.

2.99 HOTEL

Means a transient accommodation establishment primarily engaged in providing 7 or more rooms and/or suites for temporary lodging by the general public and which provides meals on the premises and which does have a liquor licence and which operates a lounge or bar where such liquor is sold and consumed on the premises.



2.100 HOUSEHOLD

Means a family which shares a common table.

2.101 INDUSTRIAL BUILDING

Means purposes normally or otherwise reasonably associated with the use of land primarily for the manufacture, altering, repairing, assembling or processing of a product, or the dismantling or breaking up of a product, or the processing of raw materials including a noxious activity (Source: Schedule 2 Spatial Planning and Land Use Management Act). See also Building and Land Use Definitions of Service, Light, General and Special Industrial Buildings.

2.102 INFILL DEVELOPMENT

Means development that occurs on up to 4 contiguous vacant erven scattered within areas that are already largely developed or urbanised. Generally, these sites are vacant because they were once considered of insufficient size for development, because an existing building located on the site was demolished or because there were other, more desirable sites for development.

2.103 INSTITUTION

Means a building or portion of a building used or designed for use as a charitable institute including the administration thereof, and a building designed for use as a hospital, home for the aged or for physically or mentally disabled children, nursing home, sanatorium, clinic, convalescent home, orphanage or other building used as a public or private institution, but does not include a Restricted Building. Such building or portion of a building shall be served exclusively by a communal kitchen.

2.104 KENNELS

Means any Erf where 4 or more dogs, cats, or other small animals are kept, whether such keeping is for pleasure, profit, breeding or exhibiting, including places where said animals are boarded, kept for sale, or hire.

2.105 KITCHEN

Means any room, all or part of which is designed and/or used for storage, refrigeration, cooking and the preparation of food.

2.106 LAUNDERETTE

Means a building used for the purpose of washing and drying clothing and household fabrics, where the machines used are electrically operated and quiet running, and of the type which process each customer's articles individually, and which may be operated by the customer. The washing media used shall be a type that shall not cause harmful effluent to be discharged.



2.107 LANDSCAPING

Means an area devoted to or developed and maintained predominantly with native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements.

2.108 LIGHT INDUSTRIAL BUILDING

Means an industrial building as defined in the Scheme in which the processes carried on or the machinery installed are such as can be carried on or installed in a Light Industrial zone without causing nuisance to other properties within such zone or to the general public, or without detriment to the amenity of other use zones, by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust, grit, traffic generation, size or other causes.

2.109 MAISONETTE

Means a two storey building consisting of 2 dwelling units placed one above the other with separate entrances.

2.110 MALL

Means an area of land open to the air and reserved exclusively for pedestrian traffic but may include fountains, benches and other similar features as well as kiosks for, inter alia, the sale of refreshments.

2.111 MANUFACTURED HOME

Means a factory built or manufactured home including mobile homes.

2.112 MEDIUM DENSITY HOUSING

Means a group of two or more attached and / or detached dwelling units, together with such outbuildings as are ordinarily ancillary thereto, with each dwelling unit having direct access to a private open area and access to common land, the whole development having been designed as a harmonious entity. Such development may include duplex flats, semi-detached houses, terrace houses, maisonettes or dwelling houses. Development shall be subject to controls as set out in Clause 7.2.

2.113 MEDIUM DENSITY HOUSING SITE

Means a defined area of land upon which medium density housing is established, or is proposed to be established, and which comprises dwelling unit curtilages and common property, but excludes any land required by the local authority for public purposes.

2.114 MEMBER OF THE EXECUTIVE COUNCIL (M.E.C.)

Means the MEC of the Province of KwaZulu-Natal responsible for planning and development.



2.115 MIXED USE DEVELOPMENT

Means the development of an erf(erven) or a structure(s) with 2 or more different land uses such as, but not limited to, a combination of residential, office, shop, manufacturing, public, or entertainment in a single or physically integrated group of structures.

2.116 MOBILE HOME

Means a factory-assembled structure, 12,5 m or greater in length and 3,3 m or greater in width, with the necessary service connection, so made as to be movable on a site as a unit with or without wheels, and designed for use as a permanent dwelling unit and which complies with the S.A.B.S. specifications for Mobile Homes; provided that a motor driven “Camper Van” shall not be deemed to be a Mobile Home. (See also Static Caravan).

2.117 MOBILE HOME PARK SITE

Means a portion of land upon which mobile homes are accommodated or are intended to be accommodated, regardless of whether or not a charge is made for such accommodation.

2.118 MOBILE HOME STAND

Means a portion of a Mobile Home Park site that has been demarcated and set aside for the placement of a Mobile Home and for the exclusive use of the occupants of the Mobile Home.

2.119 MORTUARY

Means a building where dead bodies are kept before burial or cremation.

2.120 MOTOR VEHICLE SHOW-ROOM (OR SALES AREA)

Means buildings, or an open area, used for the display, sale and/or rental of new or used motor vehicles.

2.121 MOTOR VEHICLE SCRAP-YARD

Means an area wherein the following is conducted: The wrecking or dismantling of motor vehicles or trailers, or the storage of, sale of or dumping of dismantled, partly dismantled, or wrecked motor vehicles or their parts.

2.122 MUNICIPALITY

Means the Umdoni Local Municipality or any subsequently appointed authority.

2.123 NET DEVELOPABLE AREA

Means the surveyed area of an erf less that area which, by virtue of soil instability, liability to flooding, inaccessibility of topography or slopes steeper than 1:3, or the existence of an environmentally sensitive area, renders such area in the opinion of the Municipality as being undevelopable.

2.124 NET LEASABLE FLOOR AREA



Means the floor area within a building or development that may be rented to tenants i.e. the area upon which rental payments are based. This excludes common areas and space devoted to heating, cooling, stairways, walkways, passages, lift areas and the like.

2.125 NET SITE OR ERF AREA

Means the area of a site or erf, less the area of any public right of way, road servitude, new road reservation or road widening reservation to which the Erf may be subject, but shall include any registered servitude for overhead or underground services. In the determination of minimum erf areas in the Tables the Net Erf Area is to be used. While in the case of “hatchet-shaped” or “panhandle” erfs, the Net Erf Areas shall also exclude the area of any access way. (See also Erf).

2.126 NON-CONFORMING ERF

Means an erf, the area, frontage or dimensions of which do not conform to the provisions of this Scheme.

2.127 OFFICE BUILDING

Means a building or part of a building used as an office and includes: a bank, building society, insurance office, estate agent and other professional offices, but does not include a public office.

2.128 ORDINANCE

Means the Town Planning Ordinance No. 27 of 1949, as amended.

2.129 OUTBUILDING: HUMAN HABITATION

Means an accessory building, or portion of a building, used in conjunction with a dwelling unit and used only as accommodation for an employee or employees of the resident household and which may include sleeping quarters and/or ablution facilities, but shall not include a Second Dwelling Unit.

2.130 OUTBUILDING: NON-HUMAN HABITATION

Means an accessory building, buildings or structures or a portion thereof ordinarily used in conjunction with a dwelling unit (s) and includes that used for the garaging of private motor vehicles, storeroom, workroom and other similar uses, but does not include any occupation or accommodation as may be provided for human habitation such as employee accommodation or a Second Dwelling Unit.

2.131 PARKING GARAGE

Means a building, part of a building or land designed primarily for the purpose of parking, other than parking required in terms of this Scheme, and includes washing and servicing of motor vehicles, but does not include a building, any part of which is designed for use as a workshop for the repair of motor vehicles or for the sale of petrol, oil and accessories.



2.132 PERMANENT

Means a Use, Building or Structure which is not a Temporary Use, Building or Structure.

2.133 PERMITTED USE

Means any building or land use allowed in a land use zone and subject to the provisions applicable to that zone as contemplated in this Scheme.

2.134 PERSON

Means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, institution and its political subdivisions or instrumentalities, syndicate or any group or combination thereof, acting as a unit, including any trustee or assignee.

2.135 PLACE OF PUBLIC AMUSEMENT

Means a building or land used for public entertainment and includes a theatre, cinema, music-hall, concert-hall, amusement-arcade, dance hall, skating-rink, race-track, sports-arena, exhibition-hall, billiards room and fun-fair or uses that need a licence issued by the licencing authority.

2.136 PLACE OF PUBLIC ASSEMBLY

Means a building or land, used for social meetings, gatherings, religious purposes or indoor recreation, but does not include a place of public amusement.

2.137 PRINCIPAL USE

Means the primary or predominant use of any land, erf, building or structure.

2.138 PRIVATE CONSERVATION AREA

Means an area of land and / or water which is in private ownership, and within which the conservation of the scenic beauty, indigenous flora and fauna and other naturally occurring material, water courses, topographical features and / or places of historic or scientific interest is of primary importance.

2.139 PRIVATE OPEN AREA

Means a usable area, exclusive of utility areas, driveways and parking areas, which is open to the sky and which is adjacent to and has direct access from a dwelling unit within a Medium Density Housing development, such private open space area being reserved for the exclusive use of the occupants of the associated dwelling but may include covered / open areas (patios) and verandahs. (See also Common Land).

2.140 PRIVATE RECREATION AREA

Means a sports ground, playing field or other Private Open Space or Recreational Buildings of a club, firm or other body, where the use thereof is restricted to the owners or members of the club, firm or other body.



2.141 PROFESSIONAL OFFICE

Means a room or suite of rooms used for transacting business other than that of a retail or wholesale nature, and shall include a consulting room or rooms for a professional or similar person or organisation and a room or rooms where administrative work is carried out. (See also office).

2.142 PUBLIC OFFICE

Means an office building used for any National, Provincial or Local Government purpose, and includes an administrative office, municipal office and town hall, government office, court house, police station, public library, public art gallery, public museum, and buildings ordinarily ancillary thereto.

2.143 PUBLIC PARK

Means land and/or a building, structure or facility such as a park, playground, swimming pool, beach, pier, golf course or athletic field within the municipal area which is under the control, operation or management of the Municipality, the Province or the State.

2.144 PUBLIC OR PRIVATE RIGHT-OF-WAY

Means a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water, powerline, sanitary sewer and/or other public or private uses. (See also Access Way).

2.145 QUARRY

Means a place where rock, ore, stone and similar materials are excavated, processed for sale or for off-site use. (See also Extractive Industry).

2.146 REAR BOUNDARY

Means that boundary of an erf which is furthest from any street boundary, and which does not meet any street boundary.

2.147 REAR SPACE

Means the space between the full height of a building facade and the rear boundary.

2.148 RECREATIONAL BUILDING

Means a clubhouse, gymnasium, squash court, pavilion, shelter, change room and any similar building used in conjunction with a sport. A clubhouse may include dining facilities and lounges.



2.149 RECREATIONAL VEHICLE

Means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, caravans, camping trailers, camper vans (motor coach homes), converted trucks or buses, boats and boat trailers, and all terrain vehicles.

2.150 RELIGIOUS PURPOSES

Means a building which is used primarily for religious worship and related religious activities. (See also Place of Public Assembly).

2.151 RESIDENTIAL BUILDING

Means a building or portion of a building other than a dwelling house, chalet, duplex flat, semi-detached house, terrace house or maisonette used for human habitation, together with such uses and outbuildings as are ordinarily used therewith, and includes a block of flats, residential club or hostel.

2.152 RESIDENTIAL DENSITY

Means a comprehensive measure of both the environmental and the human aspects of the residential milieu which includes Building and Occupancy density, where:

a) Building density is the amount of floor area built on a site and most

commonly measured as a ratio of floor area to site area and also referred to as the Building Density Area (BDA) of the site or erf; and

b) Where Occupancy density is the relationship between floor area and the

number of persons occupying that floor area, expressed as the amount of floor space per member of household.

2.153 RESTAURANT

Means a building or portion of a building used primarily for the preparation and sale of food, confectionery and beverages for consumption on the premises.

2.154 RESTAURANT DRIVE-THROUGH

Means a use providing preparation and retail sale of food and beverages, as defined under “Restaurant” with the added provision of 1 or more drive-through lanes for the ordering and dispensing of food and beverages to patrons remaining in their vehicles.

2.155 RESTRICTED BUILDING

Means a building used for such purposes as a clinic or hospital for infectious diseases, a jail, home for the mentally disabled or hospital, or reformatory.


Umdoni Urban Scheme Clauses January 2015.doc

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2.156 REST HOME

Means premises used for the housing of and assisted caring for the aged and infirm. There shall be only incidental convalescent care not involving either a nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities. (See also Frail Care Facility and Retirement Home or Village). Such use falls within the Use category of Institution.

2.157 RETIREMENT HOME OR VILLAGE

Means the premises used for the housing of and assisted caring for the aged, including the infirm. There shall be only incidental convalescent care either by a nurse or a non-resident physician. There shall be no surgery, physical therapy or other similar activities. (See Clause 6.3.9 regarding parking). Such use usually consists of a mixture of Institution and Medium Density Housing uses.

2.158 RIGHT-OF-WAY

Means a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water, powerline, sanitary sewer and/or other public or private uses. (See also Access Way).

2.159 ROOF

Means a permanent upper, external manufactured structure or covering of a building.

2.160 ROUNDING OF QUANTITIES

Means the computation of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which include decimals; the numbers are to be rounded to the nearest highest whole number when the decimal is .5 or more, and to the next lowest whole number when the decimal is less than .5, except as otherwise provided in the Scheme.

2.161 SATELLITE DISH ANTENNA

Means an apparatus capable of receiving or transmitting communications from a satellite.

2.162 SATISFACTORILY SEWERED

In relation to an erf means either:

a) That the erf is capable of being connected to a municipal sewer and the sewerage system including the reticulation and the disposal works is capable of accepting and treating the sewage from the erf. OR

b) In the event that the conditions set out in (a) just above cannot be met,

that the erf is capable of satisfactorily supporting a septic sewerage system for the treatment of the sewerage from the Erf in accordance with the report prepared by a Registered Professional Engineer and supported by percolation tests carried out on the erf in accordance with



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the requirement of the South African Bureau of Standards. OR

3) The provision of an on-site sanitation disposal treatment system

designed and certified by an engineer and approved by the Municipality.

2.163 SCHEME

Means the Urban Land Use Scheme, as amended from time to time.

2.164 SCHEME MAP

Is the Map forming part of the Scheme as adopted by the Municipality.

2.165 SCHOOL

Means a place of learning for minors, whether public or private, which offers instruction in those courses of study which is maintained pursuant to standards set by the State or Provincial Department of Education. This definition includes a kindergarten, elementary school, junior school, senior school or any special institution of Education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or university.

2.166 SCRAP-YARD

Means an area wherein the following is conducted: The wrecking or dismantling of motor vehicles or trailers, or the storage of, sale of or dumping of dismantled, partly dismantled, or wrecked motor vehicles or their parts, or electrical appliances, machinery and the like.

2.167 SECOND DWELLING UNIT

Means a second dwelling unit which shall not exceed 80 m², on an erf designated for residential purposes/use, and which combined floor areas shall not exceed the permitted floor area ratio, and provided that such second dwelling unit shall not be used as a Bed and Breakfast without the Municipality’s consent. Provided, further, that no Second Dwelling Unit shall be permitted on an Erf less than 700 m² in extent.

2.168 SECTIONAL TITLE

Means a development consisting of an undivided interest in a portion of land owned under common title coupled with a separate interest in a dwelling or building or structure used for business purposes, on an erf.

2.169 SEMI-DETACHED HOUSE

Means a building other than a single family dwelling comprising 2 or more dwelling units contained in one building, both on the ground floor and each provided with a separate entrance.



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2.170 SERVICE INDUSTRIAL BUILDING

Means a light industrial building catering primarily for the local customer, and includes a builder's yard and allied trades, laundry, bakery, dairy depot, dry-cleaning and similar types of uses.

2.171 SERVICE STATION

Means a building

(a) wherein is sold, by retail sale only:

(i) petrol or petroleum derivatives capable of use in internal combustion engines,

(ii) lubricating oils and greases, (iii) spare parts, including electrical equipment, (iv) tyres, tubes, valves and repair equipment, and/or (v) tourist brochures and other such incidentals.

and

(b) where the following operations are carried on:

(i) running repairs of a minor nature; (ii) lubricating and greasing; and/or (iii) washing and cleaning;

but shall not include panel-beating, spray painting or the carrying out of vehicle body repair work or repairs of a major nature to the engine or transmission system thereof, or a Motor Vehicle Show-Room or a Motor Vehicle Scrap-Yard. (See also Garage)

2.172 SHAREBLOCK

Means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of a dwelling or building located on the land.

2.173 SHOP

Means a building or land used for any retail trade or business wherein the primary purpose is the selling of goods and appliances by retail and includes a building used for the purpose of a hairdresser, ticket agency, video-hire, showroom, (including motor showroom restricted to the display and sale of vehicles only), auction mart or for the sale of food and drink for consumption off the premises or for the reception of goods to be washed, cleaned, altered, dry-cleaned or repaired and includes ancillary buildings ordinarily incidental to the conduct of the retail business, but does not include an industrial building, garage, service station, or hotel.

2.174 SIDE BOUNDARY

Means any boundary of an erf which meets a street boundary, and any other boundary and which is neither a street boundary nor a rear boundary.



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2.175 SIDE SPACE

Means the space between a side boundary of an erf and the elevation for the full height of a building facing the side boundary.

2.176 SINGLE FAMILY DWELLING

Means a structure comprising a single free-standing dwelling unit.

2.177 SPECIAL CONSENT

Means a discretionary entitlement which may be granted by the Municipality under the provisions of this Scheme and which when granted, authorises specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement and where such consent relates to any application made in terms of Section 67 bis of the Ordinance read with Section 17 of the Act. (See the operational guidelines for the processing of planning applications within the municipality.)

2.178 SPECIAL INDUSTRIAL BUILDING

Means noxious industrial premises that by reason of fumes, gases, vapours, dust, smell, noise, vibration, or other causes, is deemed by the municipality to be likely to become dangerous or harmful to the health, welfare and amenity of the general public such as, but not limited to, smelting ores and minerals, works for the production of sulphur dyes, the processing of hides and skins or the sintering of sulphur-bearing minerals (Source: KwaZulu-Natal Land Use Management System Guidelines 2011, Appendix C Industry-Noxious Definition).

2.179 STATIC CARAVAN

Means a factory-assembled structure without any accessories which is less than 12,5 m in length and 3,3 m in width but greater than 7 m in length and 2,3 m in width, with the necessary service connection, so made as to be movable on a site as a unit, and designed as a temporary holiday dwelling unit. (See also Mobile Home).

2.180 STORAGE WAREHOUSE

Means a building used primarily for the storage of goods except those of an offensive or dangerous nature and where no business is transacted other than incidentally to such storage, and where the sale of goods of a wholesale nature is specifically prohibited. (See also Wholesale Warehouse).



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2.181 STOREY

Means a room or set of rooms at any level, including any room the floor of which is split into two or more levels, and shall have the following implications: (a) the storeys of a building not used for residential purposes but used solely

for the purpose of parking vehicles, service installations, such as transformer and metre rooms, or storage shall not count as a storey provided such an area or areas constitutes a Basement in terms this Scheme;

(b) if the ground floor of a building is elevated above the mean finished

ground level immediately surrounding the building by a structure other than a basement such structure shall count as a storey(s);

(c) a pitched roof containing a habitable room and any other type or style of

roof which contains or supports any rooms, structures or features over and above those mentioned in paragraph (e) below and which the Municipality considers to be habitable shall count as a storey;

(d) a storey shall not be higher than 4,5 metres, measured from floor to wall

plate. If a storey is higher than this, each 4,5 metres or part thereof shall count as a storey. Provided however that in a multi-storey residential building each storey shall not be higher than 3 metres and if a storey is higher than this each 3 metres or part thereof shall count as a storey; A storey of more than 4,5 m can be considered by Special Consent under circumstances where the design of the roof structure dictates provided that adjoining property owners whose views could be affected must be consulted. If their written consent is obtained, the Special Consent procedure may be waived,

(e) with the exception of lift rooms, stairwells and pitched roofs, any

structures or architectural features situated on the roof of a building and greater than 1,2 metres in height shall constitute a storey.

2.182 STREET LINE

Means a boundary of an erf which is coincident with the boundary of an existing or proposed street or road reserve.

2.183 STREET

Means any registered public or private road or thoroughfare used by vehicles, which affords a primary means of access to abutting property, but does not include a driveway.

2.184 STRUCTURE

Means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

2.185 SUBDIVISION

Means a portion of land under one ownership that has been legally subdivided or consolidated and is shown as a single erf on the latest valuation roll.



2.186 SUBDIVIDE

Means the subdivision or layout of land for any purpose, of land into two or more portions, including a remainder, wherever they may be situated, and including a lease of 10 years or more than 10 years duration.

2.187 SUBSTANTIALLY COMMENCED OR SUBSTANTIAL IMPLEMENTATION OR

SIMILAR PHASES

Shall unless otherwise provided, mean the preparation of plans and the submission of such plans for approval or the submission of an application for any other requisite statutory approval or the casting of concrete foundations or footings, or the demolition of existing buildings and the clearing of the erf or such other similar and substantial action as the Municipality may consider to be sufficient.

2.188 TAVERN

Means a building or portion of a building or a structure linked to a dwelling used or constructed or adapted to be used for the on-site consumption of liquor. It may include the consumption of non-alcoholic beverages and the preparation and consumption of food, but shall not include the sale of the aforesaid items for consumption off the premises.

2.189 TEA GARDEN

Means a building or portion of a building used primarily for the preparation and sale of light meals, confectionery, and non-alcoholic beverages, but shall preclude any use as defined under shop (See Home Business).

2.190 TEMPORARY USE, BUILDING OR STRUCTURE

Means a use, building or structure established for a specified period of time, with the intent to discontinue such use, building or structure at the end of the designated time period.

2.191 TERRACE HOUSE

Means a dwelling unit in a building comprising three or more dwelling units, each having a separate entrance on the ground floor with direct access to a private open space area or areas.

2.192 TRANSIENT

Means a continuous period of 2 weeks or less.

2.193 TUCK SHOP

Means a building or portion of a building or an outbuilding or structure in which a range of low order goods such as fresh produce, confectionary products,



beverages, limited quantities of staple foods, magazines, newspapers and similar goods are sold to its neighbourhood. It may also be known as a spaza shop. (See Home Business)

2.194 USABLE COMMON OPEN SPACE

Means that usable portion of the Common Land which is not occupied by vehicular road carriageway, parking areas and communal facilities of a non-recreational nature, but includes walkways, structures intended for recreational use and a children’s playing area or areas.

2.195 USE

Means the purpose (type and extent) for which land or a building is arranged, designed, or intended, or for which either land or a structure is occupied or maintained.

2.196 UTILITY AREA

Means the outdoor private area adjacent to or associated with the kitchen side of a Sectional Title or Shareblock residential development Dwelling Units, the screening of which shall be to the satisfaction of the Municipality and which includes patios, verandahs and drying areas.

2.197 VETERINARY CLINIC

Means a place where animals or pets are given medication or surgical treatment and are cared for during the time of such treatment; and includes the ancillary use of the premises as a kennel, or a place where animals or pets are boarded for remuneration and sale of related accessories..

2.198 WATERCOURSE

Means: (a) a river or spring; (b) a natural channel in which water flows regularly or intermittently (c) a wetland, lake or dam into which water flows: and (d) any collection of water which the Minister may, by notice in the gazette

declare to be a watercourse, and a reference to a watercourse includes, where relevant, its bed and banks. (Source: National Water Act (No. 36 of 1998), as amended)

2.199 WETLAND

Means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports, or would support, vegetation, birdlife, etc. typically adapted to life in saturated soil. (Source: National Water Act (No. 36 of 1998), as amended)



2.200 WHOLESALE WAREHOUSE

Means a building used for the storage and sale of goods on a wholesale basis to traders and specifically excludes a shop and any retail sales to the public. (See also Storage Warehouse)

2.201 ZERO BUILDING LINE

Means the location of a structure on an erf in such a manner that 1 or more of the structure’s sides rest directly on an erf line, or boundary line of a subdivision.

2.202 ZONE

Means that portion of the area shown on the Scheme Map, by distinctive colouring or edging or in some other distinctive manner, for the purpose of indicating the rights applicable, and restrictions imposed by this Scheme on the erection and use of buildings or structures, or the use of land.

UMDONI SCHEME CLAUSES


PART 2: LAND USE ZONES: BUILDING AND LAND USE

MANAGEMENT

CHAPTER 3

RESERVATION AND ZONING OF LAND;

ENVIRONMENTAL MANAGEMENT

3.1 CONTEXT 3.1.1 An important goal of this document is that it should state its purpose and

procedures in a clear, readily comprehensible manner. To this end this Scheme sets out to explain the underlying purpose for and basis of the terminology used to describe land use zones.

3.1.2 A Land Use Zone is a portion of land located within the municipal area in terms of

which certain uses of land, buildings and structures are imposed and regulations pertaining to their use and development are specified.

3.1.3 Non planners often confuse a land use zone with the land use that may or may

not be permitted therein. This confusion is compounded when either the same or similar sounding names are used to describe both a zone and the land use permitted therein.

3.1.4 The nature, extent and location of Reservations of Land shall be as set out in the

Scheme Map and the purposes for which Reserved Land may be used shall be as set out in Sections 4.9.

3.1.4.1 Except with the authority of the Municipality granted for temporary uses at the

Municipality’s pleasure and subject to no increased claims for compensation, Reserved Land shall not be used for any purpose which would conflict with the purpose for which it has been reserved. Provided that where pedestrian ways or pedestrian lanes are reserved on the Scheme Map, the Municipality may consider a consent application for the re-positioning of such pedestrian ways or lanes on the erf.

3.1.4.2 Where any Reserved Land is in the Municipality’s ownership or otherwise under

the control of the Municipality, the Municipality may undertake thereon works, the erection of buildings or development necessary for or incidental to the purpose for which the land is reserved.

3.1.4.3 Reserved land may continue to be used for the purpose for which it was used on

the effective date. Provided that where the use conflicts with the purpose for which the land is reserved, it shall not be extended or rebuilt, other than as provided for in Clause 3.1.4.1.



3.1.5 In respect of areas shown as Admiralty Reserve, Amenity Reserve, Conservation

Reserve, River Reserve or Private Conservation zone on the Scheme Map, the prime consideration is the protection of flora and fauna in these indigenous botanical communities and the protection of water courses. No land use or development of any nature or extent may be undertaken, nor developed on any portion of these reservations or zones be permitted, until the proposed land use or development has been subject to proper assessment in terms of the Integrated Environmental Management (IEM) process as contemplated in terms of the National Environmental Management Act (No. 107 of 1998) as amended, and secured the required approval therefore.

3.2 DECLARING OR CLOSING OF STREETS

All streets and roads shown in red on the Scheme Map, and the widening of existing streets and roads shown in red on the Scheme Map are to be new streets and roads, and shall become effective at dates to be determined. All streets and roads shown in red hatch on the Scheme Map are to be closed at dates to be determined.

3.3 ENVIRONMENTAL MANAGEMENT

3.3.1 GENERAL PURPOSE

The general purpose of this section is to achieve the following: (1) To integrate the management of areas of environmental sensitivity as

identified (See Clause 1.13) into the development approval process.

(2) the protection of landscapes of natural value and beauty.

(3) to manage areas of conservation value in a sustainable manner.

3.3.2 ENVIRONMENTAL REQUIREMENTS APPLICABLE TO ALL LAND USE

ZONES

(1) Except as provided in 3.3.3 and 3.3.4 below, and with reference to Clause 1.13, no development shall be permitted in environmentally sensitive areas including, but not limited to, flood plains, watercourses, wetlands, and buffers except within land set aside for Utilities and Services, and Existing and Future Roads, and Existing and Future Movement Corridors and, where applicable, an environmental authorisation has been obtained.

(2) Notwithstanding the wetlands identified in terms of this Scheme, the

following provisions shall apply: (a) Any developments within or adjacent to wetlands and watercourses,

either identified or not identified in terms of this Scheme shall be subject to any environmental authorisation and/or water use licence processes in terms of applicable legislation.

(b) No building or infrastructure shall be erected on any portion of land which

in the opinion of the Municipality and applicable national legislation is in a



wetland or watercourse area as defined in Clauses 2.199 and 2.198 respectively, unless Environmental Authorisation has been issued for these activities.

(c) Where an erf may have a wetland, the Municipality may require the owner

/ applicant to appoint an independent wetland specialist to delineate the extent of the wetland using soil hydromorphic characteristics and relevant ecological features to establish appropriate buffers, and to indicate the delineation and buffers and, where applicable, flood lines on the site plan or building plan.

(3) In considering any application for development of land situated within a

scheme area in terms of Clause 5.1 of this Scheme, and Chapter 2 of the Act, it shall be the duty of the Municipality to ensure wherever it is considered appropriate, that adequate provision be made for protection of environmentally sensitive areas, by means of conditions qualifying approval of such development. Where possible, areas are to be set aside for private conservation purposes, such areas being clearly indicated on a site plan.

3.3.3 ENVIRONMENTAL REQUIREMENTS APPLICABLE TO “LISTED ACTIVITIES”

(1) Notwithstanding the provisions of this Scheme, any development or land use activity which is included as a “Listed Activity” in terms of the Environmental Impact Assessment Regulations of the National Environmental Management Act No. 107 of 1998 as amended shall be subject to an Environmental Impact Assessment process as part of an application to obtain Environmental Authorisation from the relevant authority.

(2) A Basic Assessment/Environmental Impact Assessment process shall be

undertaken in the manner prescribed in the Environmental Impact Assessment Regulations of the National Environmental Management Act No. 107 of 1998 as amended.

(3) Environmental authorisation shall be obtained from the relevant authority

prior to the submission of any application for development to the Municipality.

(4) The Municipality shall at its discretion, include all conditions or part

thereof contained in the Environmental authorisation referred to in sub-clause (3) to its conditions of approval issued in terms of the Act.

3.3.4 ENVIRONMENTAL REQUIREMENTS APPLICABLE TO ENVIRONMENTALLY

SENSITIVE AREAS

(1) Notwithstanding the provisions of this Scheme, the Municipality, shall at its discretion, request an applicant to provide an environmental screening report for any development or land use activity on any site or portion thereof which it considers to be an environmentally sensitive area or in an area identified as being critical for biodiversity conservation.



(2) The environmental screening report as mentioned in sub-clause (1) must be undertaken by a person that has the necessary knowledge and experience in environmental management, natural resources or ecology, and should include:

information about the project including the spatial extent, timing,

frequency and duration of the project;

the identification of relevant environmental legislation, regulations,

policies and plans relevant to the proposed development and

identification of those activities that require licensing or authorisation

before they can proceed;

an understanding of the ecological context based on existing ecological

information, data gathering, literature searches, site visits and preliminary

ecological surveys, and any baseline studies already carried out;

identify project activities likely to cause damage, stress, disturbance or

impact on ecosystems processes;

identify the factors affecting the integrity of the relevant ecosystems and

the conservation status of relevant habitats and species; and, ecological

features likely to be significantly affected and therefore requiring further

study;

identify other significant activities, e.g. access roads, associated with the

project/proposal that could result in significant cumulative effects; and,

potential strategies to avoid and/or minimise any negative environmental

impacts and the identification of opportunities for enhancing biodiversity

and promoting Provincial biodiversity objectives

(3) The Environmental Screening Report shall be included as part of an application submitted to the Municipality else such application shall be deemed incomplete.

3.3.5 WATER QUALITY ENVIRONMENTAL CONTROL ZONE

The Water Quality Environmental Control Zone, as required by Umgeni Water, the bulk water service provider, is delineated as a 100m buffer on either side of the main stem rivers and a 1 kilometre buffer all around up stream of the dam wall for dams. Such areas shall be regarded as Environmentally Sensitive.

It is indicated by Umgeni Water that: “Activities in the water quality environmental control zones are severely constrained in respect to their potential to impact on water quality and therefore the following are also relevant and must be adhered to by planners:

Only activities that can demonstrate how they would not further compromise water quality and that would result in positive impacts on water quality should be undertaken.

All activities must make use of advanced effluent management and treatment systems within this ECZ.

If a development is proposed within this ECZ, studies must be undertaken to delineate the occurrence of wetlands and to assess the functionality of any wetland areas on the site or in close proximity to the



site, as is the requirement outside of this ECZ at the discretion of the relevant authorities.

Site specific development buffers around delineated wetlands and watercourses, in excess of general standards, should be established within which development should not be allowed to encroach.

Development should not encroach within 100 metres of the full supply level of the main water supply dams or within the 100 year flood line (whichever is larger), unless exceptional circumstances permit”

3.3.5 NATIONAL FOREST ACT NO. 84 OF 1998

The National Forests Act (NFA) requires under the Section 15 (1) and Section 7(1) that: 15. ( 1 ) No person mayC

(a) cut, disturb, damage, destroy or remove any protected tree; or

(b) collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any protected tree,

except under a License granted by the Minister.

7. ( 1 ) No person may cut, disturb, damage or destroy any indigenous living tree in, or remove or receive any such tree from, a natural forest except in terms ofC

(a) a license issued under subsection (4) or section 23; or (b) an exemption from the provisions of this subsection published by the Minister 35 in the Gazette on the advice of the Council.

3.3.6 FLOW CHART OF ENVIRONMENTAL REQUIREMENTS

Included on the next page is a flow chart illustrating environmental requirements.



Is the Development a Listed Activity in terms of Regulations Promulgated in terms of

the National Environmental Management Act

YES NO

Does the Development fall within an Environmentally Sensitive area

YES

Environmental screening report to be submitted with building plans

OBTAIN MUNICIPAL APPROVAL E.g. Submission of Building Plan

Environmental Authorisation to be submitted with building plans.

Permit i.t.o NFA to be submitted with Building Plans.

NO

YES

NO

Will the Development include the removal of Indigenous Trees or Forest Undergrowth

Will the Development include the removal of Indigenous Trees or Forest Undergrowth

YES

NO

Environmental screening report

AND Permit i.t.o NFA to be submitted with building plans



CHAPTER 4

LAND AND BUILDINGS

4.1 BUILDING LINES

(i) The building lines of erven and subdivisions in the various zones are set out in the Tables for each zone.

(ii) The Municipality may, in addition to a building line referred to in sub clause (i),

impose a building line if engineering services have been, or are intended to be installed, including drainage.

(iii) Where a building line is laid down, no building other than boundary walls, fences,

pergolas or architectural and garden features, shall be erected between the building line and the street line. Where a new road or road widening is required, the building line is to be set back so as to take into consideration any such new road or widening. Provided that the Municipality may grant its authority for the reduction of the building line for a swimming pool to no less than 1 metre.

(iv) The Municipality, by Special Consent, may relax the building line if the

Municipality is satisfied that, on account of the levels of the erf or adjoining land or the propinquity of buildings already in front of the building line or any other special circumstances, compliance with the building line would seriously hamper the development of the erf.

(v) The Municipality may, by Special Consent, relax the building line if in the

Municipality’s opinion the architectural effect will enhance the appearance of the street and contribute to public amenity.

(vi) Notwithstanding the provisions of the above clauses, in the cases of swimming

pools and tennis courts the building line may be relaxed by Special Consent of the Municipality to no less than 1 metre; provided that where or tennis court is to be constructed so that any portion of it is within 4,5 metres of a road boundary such tennis court shall be screened to the satisfaction of the Municipality.

(vii) Cognisance shall be taken in all cases of the building restriction line imposed in

terms of the KZN Provincial Roads Act,2001 (Act No. 4 of 2001), as amended, and in such circumstances the building line may not be relaxed by the Municipality, without the consent of the KZN Department of Transport.

(viii) Where within a Mixed Use Zone buildings are set back to conform to a building

line, no goods, merchandise, wares, vehicles or other obstruction shall be placed, deposited, kept or displayed on the area between the Erf boundary and the building line; provided that the Municipality may permit the parking of vehicles or an open-air café or restaurant in accordance with a plan approved by the Municipality on the area between the Erf boundary and the building line where Mixed Use Zone buildings are set back to conform to a building line; provided further that the aforesaid prohibition shall not apply to the placing or depositing of goods, merchandise or wares in the course of transporting the same into or out of such Mixed Use Zone buildings.



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(ix) Where Industrial Zone buildings are set back to conform to a building line, no goods, merchandise, wares, vehicles or other obstruction shall be placed, deposited, kept or displayed on the area between the Erf boundary and the building line.

(x) Notwithstanding the aforegoing provisions, the Municipality may exempt an

applicant from applying for Special Consent if it is satisfied that no interference with the amenity of the neighbourhood, existing, or as contemplated by this scheme, will result; provided that the prior written consent of the registered owner of each adjoining property, and those properties directly across the street and such other properties as the Municipality may direct, has first been obtained. Where any such written consent is not forthcoming, the applicant shall, in seeking the relaxations, be required to apply for the Municipality's Special Consent. Application shall be made in terms of Council’s relaxation policy as contained in the Operational Guidelines.

4.2 SIDE AND REAR SPACE

(i) The side and rear spaces of erven in the various reservations and zones are depicted in Tables for each zone.

(ii) The Municipality may, in addition to a side and rear space line referred to in sub

clause (i), impose a side and rear space if engineering services, have been, or are intended to be installed, including drainage.

(iii) The Municipality may, by Special Consent, permit in any zone any building to be

erected closer to any boundary than the distances specified in this clause if on account of the siting of existing buildings or the shape, size or levels of the erf, the enforcement of this clause will, in the opinion of the Municipality, render the development of the erf unreasonably difficult. In considering any application under this sub-clause the Municipality shall have due regard to any possible detrimental effect on adjoining properties and the need for any sewer and drainage servitudes.

(iv) Notwithstanding the aforegoing provisions, the Municipality may exempt an

applicant from applying for Special Consent if it is satisfied that no interference with the amenities of the neighbourhood, existing, or as contemplated by this scheme, will result; provided that the prior written consent of the registered owner of each adjoining property, and those properties directly across the street and such other properties as the Municipality may direct, has first been obtained. Where any such written consent is not forthcoming, the applicant shall, in seeking the relaxations, be required to apply for the Municipality's Special Consent. Application shall be made in terms of Municipality’s relaxation policy as contained in the Operational Guidelines document.



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4.3 FLOODLINES

(i) No building shall be erected on any land which in the opinion of the Municipality is below a floodline as defined in these Clauses.

(ii) Where an Erf may be subject to a floodline, the Municipality may require the

owner to indicate the floodline as defined in Clause 1.2 on a site plan or building plan and to supply a supporting certificate signed by a professional engineer.

(iii) Notwithstanding any other provisions contained in these Clauses the Municipality

may permit a building to be erected below the flood line as defined in Clause 2.80 provided that a certificate signed by a professional engineer is produced confirming that such proposed building will be raised clear of the appropriate flood level.

(iv) No structure which may impede the flow of water may be constructed or erected

below the floodline as defined in these clauses without the written authority of the Municipality.

4.4 ERF CONTROL

(1) (i) No erf may be used for a use unless the Municipality is satisfied that it can be satisfactorily sewered, accessed, and serviced with water.

(ii) Nothing in the scheme shall prohibit the Municipality from refusing to grant

its approval or special consent for the erection of any building or for the development or use of land where, in the opinion of the Municipality, the arrangements made or to be made for the supply of water or for the disposal of sewerage, effluent or waste, or for access, are or will be inadequate or detrimental to amenity or health. Provided that the Municipality may grant its approval or special consent subject to such conditions as it deems necessary or appropriate. Any person aggrieved by any decision of the Municipality under this clause may, within twenty-eight days from the date on which s/he received notice of the decision of the Municipality, or such longer period as the Appeal Tribunal may allow, appeal to the Appeal Tribunal as provided by Section 67 ter of the Ordinance.

(iii) The minimum sizes of erven and subdivisions shall be as set out in the

Tables for each zone except as provided below, and where any such erf or subdivision was in existence prior to the date of adoption of this Scheme.

(iv) Where a township is established for the erection of dwellings wholly or

partly financed by the State, the Municipality may authorise a reduction in the prescribed minimum for any erven so used provided that all such Erven are served by a waterborne sewage disposal system to the satisfaction of the Municipality.

(v) Where on the date of adoption, two Single Family Dwellings were existing

lawfully on a single erf which is less in extent than the areas prescribed in these clauses, the Municipality may, in its discretion, grant authority for the subdivision of the erf into two separate erven, provided also that the area of either of the subdivided erven is not less in extent than 80 % of the prescribed minimum, and each subdivision conforms to the other provisions of the Scheme. In giving any such authority the Municipality shall take into account the amenity of the locality and of the adjoining properties.



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(vi) Where an existing erf in the Residential Only zones has been reduced in area by the expropriation or alienation of land for road widening or construction purposes or for open space purposes, the Municipality may allow the erection of a Single Family Dwelling on the erf provided that the erf has not been reduced in area to less than 80 % of the minimum erf size and provided further that arrangements for the disposal of sewage have been made to the satisfaction of the Municipality.

(vii) Where an existing erf in the Medium Density Residential zones has been

reduced in area by the expropriation or alienation of land for road widening or construction purposes or for open space purposes, the Municipality may allow the erection of a Medium Density Housing on the Erf provided that the Erf has not been reduced in area to less than 80 % of the minimum Erf size and provided further that arrangements for the disposal of sewage have been made to the satisfaction of the Municipality.

(viii) In cases of hardship or other special circumstances, the Municipality may

relax the minimum erf area, provided that such relaxation does not exceed 10% of the minimum prescribed area.

(ix) In the case of buildings intended to be used for religious purposes the

Municipality could, based on the size of the congregation and the size of the building required, at its discretion, allow smaller erven to be used for religious purposes.

(2) Not more than one Single Family Dwelling shall be erected on any erf, provided

that where the Erf is at least double the Erf size specified in the Tables for each zone, additional Single Family Dwellings may be erected on the Erf provided the applicant has submitted to the Municipality and received approval for a drawing showing that the land on which each additional Single Family Dwelling will stand is capable of being subdivided so that the subdivision will conform to the provisions of the Scheme; and provided that the applicant furnishes the Municipality with an undertaking that any land required under the scheme for road construction or road widening purposes shall be transferred to the Municipality at dates to be determined by the Municipality; and provided further that sewage disposal arrangements have been made to the satisfaction of the Municipality, which requirements may include the undertaking of evapotranspiration tests in accordance with the requirements of the Department of Water and Sanitation. The Municipality can include requirements normally associated with township development.

(3) Notwithstanding Clause 4.4 (2) above the Municipality may permit the erection of

a Second Dwelling Unit on a Residential erf in the manner specified in the Tables. Such Second Dwelling Unit shall be as defined in the Definitions of this Scheme.

(4) Except in special circumstances the depth of an erf in relation to the frontage shall

not exceed the ratio of 3 to 1 in proportion. An erf of irregular shape should be capable of containing within its boundaries a rectangle not exceeding the ratio 3 to 1 in proportion, having an area of 50 per cent of the minimum prescribed area.



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4.5 MINIMUM FRONTAGE REQUIREMENTS

(i) Except in special circumstances the minimum frontage for all erven shall be as depicted in the Tables for each zone and the width of the access way for a "hatchet-shaped" Erf shall be a minimum of 4 metres throughout its length which length shall not exceed 60 metres. Where an erf is of an irregular shape or occurs in a cul-de-sac or change of road direction, the frontage on the street may, with the authority of the Municipality, be less than 18 metres provided the proportion of the Erf is in conformity with the ratio provision set out in Clause 4.4 (4) and provided also that the frontage on the street is not less than 4m.

(ii) Where a township is established for the erection of dwelling units wholly or partly

financed by or through the State, the Municipality may authorise a reduction in the minimum prescribed frontage to comply with the requirements of the relevant Department.

4.6 BUILDING RESTRICTIONS AND THE USE OF LAND

The Types of Building and Land Uses shall be as defined in Chapter 2: Definitions and Types of Building and Land Use. The extent and location of the various zones shall be as set out on the current adopted Scheme Maps.

4.7 ERECTION AND USE OF BUILDINGS AND USE OF LAND

Tables for each zone lists those uses in the various zones which are: Permitted, subject to the Special Consent of the Municipality or Prohibited, that is:

Permitted = Buildings may be erected and used or land may be used subject to the

approval of building/layout plans as considered necessary by the Municipality;

Consent = Buildings may be erected and used or land may be used only with the

Special Consent of the Municipality, which applications shall be accompanied by a layout plan and written motivation; and

Prohibited = Buildings may not be erected and used and land may not be used.

The types of applications and the procedures for making such applications are described in Part 1 : Chapter 1, Basic Provisions, Section 1.7, 1.8 and 1.9 and in Part 3 : Chapter 5, Scheme Administration and Applications.

4.8 FLOOR AREA RATIO, COVERAGE AND HEIGHT

(1) In any density zone as set out in the Tables for each zone, no building shall be erected which will exceed in floor area ratio, coverage and/or height the maximum figures permitted for that zone.

(2) Notwithstanding Clause 2.81 in considering an application for the development or use of land or the erection of or addition to a building which is carried out upon a erf which is subject to a servitude or right of way in favour of the public which has been donated to the Municipality, the coverage shall be calculated on the net area of the erf and the Municipality shall permit the FAR to be calculated on the gross area of the erf.

(3) In considering an application for the erection, extension or rebuilding of a Place of Public Assembly, which is a building used for religious purposes, the Municipality may by Special Consent approve of a height in excess of any maximum specified.



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(4) Except as provided below all areas are included in coverage:

(a) Where by reason of the topography of the site the basement roof is level with the finished ground floor level of the building and the same basement roof is covered by unroofed, private or common recreational space designed, laid out, furnished and landscaped to the satisfaction of the Municipality. Basement is hereby defined to exclude residential purposes or a shop or a factory.

(b) Coverage may, at the discretion of the Municipality, exclude any awning

or external cover, supported by ground poles or otherwise, that is

erected for the purpose of screening or protecting an open recreational

area from the elements of sun and rain provided the said area is not fully enclosed and does not, in the opinion of the Municipality, interfere with the amenity of the area.

(5) On land zoned for High Density Residential purposes where recreational space, open to the sky, private or common, is provided above the ground floor level, coverage may be increased above the percentage stipulated in the Table for such zone but not exceeding 45 %, by an amount equal to the area of such recreational space provided that the same recreational space shall be designed, laid out, furnished and landscaped to the satisfaction of the Municipality.

(6) (a) In the Core Mixed Use 1 Zone: Where residential use is included in a Mixed Use Development, the F.A.R. for such residential use shall not exceed 0,70 and the total Coverage for all buildings shall not exceed 50 %; provided that where the building is to comprise a Commercial use with one flat (not exceeding 84 m² in extent) for a manager or caretaker, the maximum coverage of 80 % shall continue to apply.

(b) Where a recreational space, conveniently accessible from all parts of the residential area of the Mixed Use Development and open to the sky is provided above the ground floor level, the coverage may be increased above 50 % but not exceeding 80 %, by an amount equal to the area of such recreational space, provided that such recreational space shall be designed, laid-out, furnished and landscaped to the satisfaction of the Municipality.



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4.9 RESIDENTIAL AND RESORT ZONES TABLES

ZONE: RESIDENTIAL ONLY 1

Statement of Intent This zone is intended to promote the development of detached dwelling units in a suburban setting, each unit being for occupation by a single family, and being individually located on erven or subdivisions with a minimum size of 200 m². A limited number of compatible ancillary uses which have a non-disruptive impact on neighbourhood amenity may be allowed.

PERMITTED USES/BUILDINGS USES/BUILDINGS PERMITTED BY

SPECIAL CONSENT

Home Activity Outbuilding: Non-Human Habitation Private Conservation Area Single Family Dwelling

Bed and Breakfast1 Creche Home Business1 Institution Outbuilding: Human Habitation1

Private Recreation Area Tavern

All other uses not specified above are prohibited.

DEVELOPMENT CONTROLS

Minimum Erf Area (m2) 200

Maximum Number Dwelling Units/Net Hectare N/A

Minimum Erf Width (m) Frontage 6

Depth to Frontage Ratio 3:1

Building Line (m) 1,0

Rear Space (m) 1,0

Side Space (m) 1,0

Floor Area Ratio (FAR) 0.80

Coverage (%) 80

Maximum Height 2

Minimum Width Access Way 3

Additional Controls: 1. For Uses indicated with a 1 if neighbours written consent is obtained, the Special

Consent procedure may be waived. 2. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls 3. Prior to development occurring, an application for development shall be screened to

establish if it is within an area regarded as Environmentally Sensitive. Reference shall be made to Clause 3.3.



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Statement of Intent This zone is intended to promote the development of detached dwelling units in a suburban setting, each unit being for occupation by a single family, and being individually located on erven or subdivisions with a minimum size of 550 m². A limited number of compatible ancillary uses which have a non-disruptive impact on neighbourhood amenity may be allowed. Medium Density Housing is permitted through Special Consent on erven of 1 800m² or more; Dependent on adequate sewage disposal, up to 18 units per hectare based on the net erf area are permitted,


SPECIAL CONSENT

Home Activity Outbuilding: Human Habitation Outbuilding: Non-Human Habitation Private Conservation Area Single Family Dwelling

Bed and Breakfast1 Creche Home Business1 Institution Medium Density Housing1

Private Recreation Area Second Dwelling Unit1




Maximum Number Dwelling Units/Net Hectare 18




Rear Space (m) 1,03

Side Space (m) 1,03


Coverage (%) 40

Maximum Height 2


Additional Controls: 1. For Uses indicated with a 1 if neighbours written consent is obtained the Special

Consent procedure may be waived. 2. For Medium Density Housing the Minimum Erf area shall be 1 800m2 and Controls

as set in Clause 7.2 shall be adhered to. 3. For Medium Density Housing the Side and Rear Space shall be 4,5m. 4. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls 5. At least one parking space shall be provided on site for a Single Family Dwelling.

On-site parking requirements for any other uses shall be in accordance with Clause 6.4(1).

6. Prior to development occurring, an application for development shall be screened to establish if it is within an area regarded as Environmentally Sensitive. Reference shall be made to Clause 3.3.



49


Statement of Intent This zone is intended to promote the development of detached dwelling units in a suburban setting, each unit being for occupation by a single family, and being individually located on erven or subdivisions with a minimum size of 900 m². A limited number of compatible ancillary uses which have a non-disruptive impact on neighbourhood amenity may be allowed. Medium Density Housing is permitted through Special Consent on erven of 1 800m² or more; Dependent on adequate sewage disposal, up to 15 units per hectare based on the net erf area are permitted,


SPECIAL CONSENT


Bed and Breakfast1 Creche Home Business1 Institution Medium Density Housing1 Private Recreation Area Second Dwelling Unit1



Minimum Erf Area (m2) 9002,4





Rear Space (m) 2,03

Side Space (m) 2,03


Coverage (%) 33

Maximum Height 2




as set in Clause 7.2 shall be adhered to. 3. For Medium Density Housing the Side and Rear Space shall be 4,5m. 4. The minimum Erf Area may be reduced to 700m² where erf is connected to

municipal sewerage scheme. 5. In Scottburgh, services permitting, the number of dwelling unit per hectare of net Erf

Area may be increased to 18 for Medium Density Housing. 6. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls. 7. At least one parking space shall be provided on site for a Single Family Dwelling.





50


Statement of Intent This zone is intended to promote the development of detached dwelling units in a suburban setting, each unit being for occupation by a single family, and being individually located on erven or subdivisions with a minimum size of 1 800 m². A limited number of compatible ancillary uses which have a non-disruptive impact on neighbourhood amenity may be allowed. Medium Density Housing is permitted through Special Consent on erven of 2 700m² or more; Dependent on adequate sewage disposal, up to 8 units per hectare based on the net erf area are permitted,


SPECIAL CONSENT


Bed and Breakfast1 Creche Home Business1 Institution Medium Density Housing1 Private Recreation Area Second Dwelling Unit1



Minimum Erf Area (m2) 1 8002





Rear Space (m) 2,03

Side Space (m) 2,03


Coverage (%) 25

Maximum Height 2




as set in Clause 7.2 shall be adhered to. 3. For Medium Density Housing the Side and Rear Space shall be 4,5m. 4. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls. 5. At least one parking space shall be provided on site for a Single Family Dwelling.





51

ZONE: MEDIUM DENSITY RESIDENTIAL 1

Statement of Intent This zone is intended to promote the development of attached and detached dwelling units developed as part of a planned residential development each unit being for occupation by a single family. The minimum erf size per development is 1 800 m², with a maximum of 25 units per hectare for Medium Density Housing, Residential Buildings (Blocks of Flats) are permitted in this zone with no limit in terms of dwelling units per hectare. Existing erven below the minimum erf size may still be developed.


SPECIAL CONSENT

Medium Density Housing Outbuilding: Non-Human Habitation Private Conservation Area Residential Building Single Family Dwelling

Bed and Breakfast1 Boarding House Creche Home Activity1 Home Business1 Institution Outbuilding: Human Habitation Private Recreation Area




Maximum Number Dwelling Units/Net Hectare for Medium Density Housing

25




Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 2



Consent procedure may be waived. 2. For Medium Density Housing controls as set out in Clause 7.2 shall be adhered to. 3. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls. 4. Parking shall be provided in accordance with Clause 6.4(1). 5. Prior to development occurring, an application for development shall be screened to




52


Statement of Intent This zone is intended to promote the development of attached and detached dwelling units developed as part of a planned residential development, each unit being for occupation by a single family. The minimum erf size per development is 1 800m2, with a maximum of 20 units per hectare. Existing erven below the minimum erf size may still be developed.


SPECIAL CONSENT

Medium Density Housing Outbuilding: Non-Human Habitation Private Conservation Area Single Family Dwelling

Bed and Breakfast1 Boarding House Creche Home Activity1 Home Business1 Institution Outbuilding: Human Habitation1 Private Recreation Area








Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 2








53


Statement of Intent This zone is intended to promote the development of attached and detached dwelling units developed as part of a planned residential development, each unit being for occupation by a single family. The minimum erf size per development is 2 000m2, with a maximum of 15 units per hectare. Existing erven below the minimum erf size may still be developed.


SPECIAL CONSENT

Medium Density Housing Outbuilding: Non-Human Habitation Private Conservation Area Single Family Dwelling

Bed and Breakfast1 Boarding House Creche Home Activity1 Home Business1 Institution Outbuilding: Human Habitation1 Private Recreation Area








Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 2








54

ZONE: HIGH DENSITY RESIDENTIAL 1

Statement of Intent This zone is intended to promote the development of multi-unit residential buildings, each dwelling unit being for occupation by a single family. Hotels and other uses are permitted to cater for broader community needs. The minimum erf size for each erf is 1 800m².


SPECIAL CONSENT

Bed and Breakfast Boarding House Guest House Hotel Medium Density Housing Outbuilding: Non-Human Habitation Private Conservation Area Private Recreation Area Residential Building Shop (Restricted to 100m2) Single Family Dwelling

Creche Home Activity1 Home Business1 Institution Laundrette Outbuilding: Human Habitation Restaurant








Rear Space (m) 4.53

Side Space (m) 4.53


Coverage (%) 354

Maximum Height 85,6



Consent procedure may be waived. 2. For Medium Density Housing controls as set out in Clause 7.2 shall be adhered to. 3. Additional 1.5m for every storey in excess of three storeys. 4. Coverage may be increased to 45 % for hotel and medium density housing. See

also Clause 4.8. 5. Erven 885, 897 Scottburgh will be restricted to a height of 4 storeys. 6. Any building of 4 storeys and above must have a lift. 7. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional





55




SPECIAL CONSENT










Rear Space (m) 4.53

Side Space (m) 4.53


Coverage (%) 354

Maximum Height 45



Consent procedure may be waived. 2. For Medium Density Housing controls as set out in Clause 7.2 shall be adhered to. 3. Additional 1.5m for every storey in excess of three storeys. 4. Coverage may be increased to 45 % for hotel and medium density housing. See

also Clause 4.8. 5. Any building of 4 storeys and above must have a lift. 6. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional





56




SPECIAL CONSENT










Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 3



Consent procedure may be waived. 2. For Medium Density Housing controls as set out in Clause 7.2 shall be adhered to. 3. Coverage may be increased to 45 % for hotel and medium density housing. See

also Clause 4.8. 4. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional





57

ZONE: RESORT 1

Statement of Intent This zone is intended to promote the development of tourist associated residential units in conjunction with recreation and other resort facilities. The minimum erf size for each development is 1 ha.


SPECIAL CONSENT

Caravan Park Hoilday Dwelling or Chalet Launderette Outbuilding: Non-Human Habitation Private Conservation Area Private Recreation Area Recreational Building Shop (Restricted to 100m2) Single Family Dwelling

Bed and Breakfast1 Creche Home Activity1 Home Business1 Institution Medium Density Housing Outbuilding: Human Habitation Place of Public Amusement Place of Public Assembly Restaurant



Minimum Erf Area 1 Hectare

Maximum Number Dwelling Units/Net Hectare Subject to Environmental Assessment




Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 2








58

ZONE: RESORT 2

Statement of Intent This zone is intended to promote the development of tourist associated residential units in conjunction with recreation and other resort facilities. The minimum erf size for each development is 3 600m2.


SPECIAL CONSENT

Caravan Park Hoilday Dwelling or Chalet Launderette Outbuilding: Non-Human Habitation Private Conservation Area Private Recreation Area Recreational Building Restaurant Shop (Restricted to 100m2) Single Family Dwelling

Bed and Breakfast1 Creche Guest House1 Home Activity1 Home Business1 Institution Medium Density Housing Outbuilding: Human Habitation Place of Public Amusement Place of Public Assembly








Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 25

Maximum Height 2



Consent procedure may be waived. 2. For Medium Density Housing controls as set out in Clause 7.2 shall be adhered to. 3. A Caravan Park shall be developed in accordance with the S.A.B.S Publication

(Publication SANS 10091:2004 (ED.3.00) as amended). See also Clause 7.1. 4. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional





59

ZONE: RESORT 3

Statement of Intent This zone is intended to promote the development of tourist associated residential units in conjunction with recreation and other resort facilities. The minimum erf size for each development is 1 ha.


SPECIAL CONSENT

Caravan Park Hoilday Dwelling or Chalet Launderette Medium Density Housing (ancillary to the development) Outbuilding: Non-Human Habitation Private Conservation Area Private Recreation Area Recreational Building Restaurant Shop (Restricted to 100m2) Single Family Dwelling

Bed and Breakfast1 Creche Guest House1 Home Activity1 Home Business1 Institution Outbuilding: Human Habitation Place of Public Amusement Place of Public Assembly








Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 10

Maximum Height 2









60

ZONE: RESORT 4 (Caravan Park)

Statement of Intent This zone is intended for the accommodation of caravans, however, up to 15 % of the stands may be developed for dwelling units through the Special Consent procedure. The minimum erf size is 1ha.


SPECIAL CONSENT

Caravan Park Launderette Outbuilding: Non-Human Habitation Private Conservation Area Private Recreation Area Recreational Building Shop (Restricted to 100m2) Single Family Dwelling

Bed and Breakfast1 Creche Holiday Dwelling or Chalet Home Activity1 Home Business1 Institution Medium Density Housing Outbuilding: Human Habitation Place of Public Amusement Place of Public Assembly Restaurant Second Dwelling Unit




Maximum Number Dwelling Units/Net Hectare 15% Stands




Rear Space (m) 4.5

Side Space (m) 4.5

Floor Area Ratio (FAR) 0,25

Coverage (%) 12,5

Maximum Height 2




(Publication SANS 10091:2004 (ED.3.00) as amended). See also Clause 7.1. 4. Where medium density housing or chalet development is provided the units shall be

grouped together on a portion of the caravan park and the number of dwelling units shall not exceed 15 % of the total caravan park sites that existed prior to the introduction of the units.

5. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional controls.

6. Parking shall be provided in accordance with Clause 6.4(1). 7. Prior to development occurring, an application for development shall be screened to




61

ZONE: RESORT 5 (Caravan Park)

Statement of Intent This zone is intended for the accommodation of caravans and related support facilities. The minimum erf size is 1ha.


SPECIAL CONSENT

Caravan Park Launderette Outbuilding: Non-Human Habitation Private Conservation Area Private Recreation Area Recreational Building Shop (Restricted to 100m2) Single Family Dwelling

Bed and Breakfast1 Creche Home Activity1 Home Business1 Institution Outbuilding: Human Habitation Place of Public Amusement Place of Public Assembly Restaurant Second Dwelling Unit








Rear Space (m) 4.5

Side Space (m) 4.5

Floor Area Ratio (FAR) N/A

Coverage (%) N/A

Maximum Height 2



Consent procedure may be waived. 2. A Caravan Park shall be developed in accordance with the S.A.B.S Publication






62

4.10 MIXED USE AND INDUSTRIAL ZONES TABLES

ZONE: CORE MIXED USE ZONE

Statement of Intent A zone that is intended to provide for the use of retail, entertainment, offices, residential, public facilities, and related commercial uses at high intensities that comprise a Town Centre.


SPECIAL CONSENT

Bed and Breakfast (above ground floor) Betting Depot Boarding House (above ground floor) Commercial Workshop Guest House (above ground floor) Hotel Launderette Office Building Outbuilding – Non-human Habitation Parking Garage Private Conservation Area Public Office Residential Building (above ground floor) Restaurant Service Industrial Building Shop

Creche Educational Building Funeral Parlour Home Activity1

Home Business1 Institution Light Industrial Building Outbuilding – Human Habitation Place of Public Amusement Place of Public Assembly Private Recreation Area Recreational Building Service Station Warehouse: Wholesale and Storage



Minimum Erf Area (m2) for Mixed Use Development

1 800

Minimum Erf Area (m2) Exclusive 450



Building Line (m) 1

Rear Space (m) 2

Side Space (m) 0


Coverage (%) 80

Maximum Height 42

Minimum Width Access Way Pan-handle subdivisions not permitted


Consent procedure may be waived. 2. For any uses of four storeys a lift must be provided. 3. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls. Specific attention is drawn to Clause 4.8 for controls relating to the residential components.

4. Parking shall be provided in accordance with Clause 6.4(1). 5. Prior to development occurring, an application for development shall be screened to




63

ZONE: MEDIUM IMPACT MIXED USE ZONE

Statement of Intent A zone that is intended to provide for a restricted range of commercial activities, workshops, offices, restaurants and residential development at medium intensities and with limited impacts.


SPECIAL CONSENT

Bed and Breakfast (above ground floor) Betting Depot Boarding House (above ground floor) Commercial Workshop Guest House (above ground floor) Hotel (above ground floor) Launderette Office Building Outbuilding – Non-human Habitation Parking Garage Private Conservation Area Public Office Residential Building (above ground floor) Restaurant Shop

Creche Educational Building Funeral Parlour Home Activity1

Home Business1 Institution Outbuilding – Human Habitation Place of Public Amusement Place of Public Assembly Private Recreation Area Recreational Building Service Industrial Building Service Station Warehouse: Wholesale and Storage




1 800




Building Line (m) 1

Rear Space (m) 2

Side Space (m) 0


Coverage (%) 80

Maximum Height 2



Consent procedure may be waived. 2. For the Residential Component the Floor Area Ratio shall be limited to 0.50. 3. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional





64

ZONE: LOW IMPACT MIXED USE ZONE

Statement of Intent A zone that is intended to provide for a limited range of commercial activities, offices, restaurants and residential development at low intensities and with limited impacts.


SPECIAL CONSENT

Bed and Breakfast Home Activity Home Business Launderette Office Building Outbuilding – Non-human Habitation Private Conservation Area Public Office Single Family Dwelling

Betting Depot Boarding House Commercial Workshop Creche Educational Building Guest House Institution Outbuilding – Human Habitation Place of Public Amusement Place of Public Assembly Private Recreation Area Recreational Building Restaurant Shop Tavern Warehouse: Wholesale and Storage




N/A




Building Line (m) 1

Rear Space (m) 0

Side Space (m) 0


Coverage (%) 80

Maximum Height 2


Additional Controls: 1. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional





65

ZONE: PETROL FILLING STATION

Statement of Intent A zone that permits activities of Public Garage and Service Station, and a restricted amount of space devoted to a convenience store. Other related uses are permitted through Special Consent.


SPECIAL CONSENT

Garage Outbuilding – Non-human Habitation Parking Garage Private Conservation Area Service Station Shop (Restricted to 100m2)

Betting Depot Educational Building Institution Launderette Office Building Outbuilding – Human Habitation Private Recreation Area Public Office Recreational Building Restaurant Service Industrial Building






Building Line (m) 7.5

Rear Space (m) 2

Side Space (m) 0


Coverage (%) 60

Maximum Height 2



controls. 2. Parking shall be provided in accordance with Clause 6.4(1). 3. Clauses 7.3 and 7.4 shall apply. 4. Prior to development occurring, an application for development shall be screened to




66

ZONE: MULTI-PURPOSE RETAIL ZONE

Statement of Intent A zone that provides for the development of suburbanized, multi-use shopping facilities


SPECIAL CONSENT

Bed and Breakfast (above ground floor) Betting Depot Boarding House (above ground floor) Commercial Workshop Guest House (above ground floor) Hotel (above ground floor) Launderette Office Building Outbuilding – Non-human Habitation Parking Garage Private Conservation Area Public Office Residential Building (above ground floor) Restaurant Shop Single Family Dwelling

Creche Educational Building Home Activity1

Home Business1 Institution Outbuilding – Human Habitation Place of Public Amusement Place of Public Assembly Private Recreation Area Recreational Building Service Industrial Building Service Station Warehouse: Wholesale and Storage




1 000


Minimum Erf Width (m) Frontage 7.5



Rear Space (m) 2

Side Space (m) 2


Coverage (%) 50

Maximum Height 2








67

ZONE: MIXED USE OFFICE ZONE

Statement of Intent A zone that provides for the development of distinct office areas adjacent to other forms of commercial development.


SPECIAL CONSENT

Office Building Outbuilding – Non-human Habitation Private Conservation Area Public Office Residential Building (above ground floor) Shop (Restricted to 100m2) Single Family Dwelling

Bed and Breakfast Betting Depot Creche Educational Building Guest House Home Activity1

Home Business1 Institution Medium Density Housing Outbuilding – Human Habitation Parking Garage Place of Public Assembly Private Recreation Area Recreational Building Restaurant




1 800





Rear Space (m) 2

Side Space (m) 2


Coverage (%) 50

Maximum Height 3








68

ZONE: SUBURBAN OFFICE ZONE

Statement of Intent A zone that provides for office development in suburban locations or adjacent to suburban shopping centres that must be compatible with the adjacent residential development.


SPECIAL CONSENT

Office Building Outbuilding – Non-human Habitation Private Conservation Area Public Office Residential Building (above ground floor) Shop (Restricted to 100m2) Single Family Dwelling

Bed and Breakfast Betting Depot Creche Educational Building Guest House Home Activity1

Home Business1 Institution Outbuilding – Human Habitation Parking Garage Place of Public Assembly Private Recreation Area Recreational Building Restaurant




1 800





Rear Space (m) 2

Side Space (m) 2


Coverage (%) 40

Maximum Height 2








69

ZONE: LIGHT INDUSTRY 1 ZONE

Statement of Intent A zone that permits manufacturing that is generally compatible with other manufacturing uses. Light and Service Industrial uses are permitted while General Industrial use requires Special Consent. Warehousing of a non-hazardous nature is permitted. Outdoor storage such as a Scap-yard requires Special Consent and will be subject to screening.


SPECIAL CONSENT

Light Industrial Building Office Building (ancillary to the industry) Outbuilding – Non-human Habitation Private Conservation Area Public Office Service Industrial Building Shop (As permitted in terms of Clause 7.5) Single Family Dwelling (For staff/caretaker only) Warehouse: Wholesale and Storage

Agricultural Building Agricultural Industry Agricultural Land Betting Depot Creche Educational Building Funeral Parlour Garage General Industrial Building Home Activity1

Home Business1 Launderette Mortuary Outbuilding – Human Habitation Parking Garage Place of Public Assembly Private Recreation Area Recreational Building Restaurant Scrap Yard Service Station







Rear Space (m) 2

Side Space (m) 0


Coverage (%) 75

Maximum Height 25




controls. 3. Parking shall be provided in accordance with Clause 6.4(1). 4. Clause 7.5 shall apply in terms of Shops permitted. 5. Height may be increased through Special Consent. 6. Prior to development occurring, an application for development shall be screened to




70


Statement of Intent A zone that permits manufacturing that is generally compatible with other land uses permitted in adjacent, more sensitive land use zones such as residential, mixed use and open space. Light and Service Industrial uses are permitted while General Industrial use is prohibited. Warehousing of a non-hazardous nature is permitted. Outdoor storage such as a Scap-yard requires Special Consent and will be subject to screening.


SPECIAL CONSENT

Light Industrial Building Office Building (ancillary to the industry) Outbuilding – Non-human Habitation Private Conservation Area Public Office Service Industrial Building Shop (As permitted in terms of Clause 7.5) Single Family Dwelling (For staff/caretaker only) Warehouse: Wholesale and Storage

Agricultural Building Agricultural Industry Agricultural Land Betting Depot Creche Educational Building Funeral Parlour Garage Home Activity1

Home Business1 Launderette Mortuary Outbuilding – Human Habitation Parking Garage Place of Public Assembly Private Recreation Area Recreational Building Restaurant Scrap Yard Service Station







Rear Space (m) 2

Side Space (m) 0


Coverage (%) 75

Maximum Height 25








71


Statement of Intent A zone that permits service industrial use, manufacturing that is generally compatible with other land uses permitted in adjacent, more sensitive land use zones such as residential, mixed use and open space is permitted by Special Consent. Warehousing of a non-hazardous nature is permitted. Outdoor storage such as a Scap-yard is not permitted.


SPECIAL CONSENT

Office Building (ancillary to the industry) Outbuilding – Non-human Habitation Private Conservation Area Public Office Service Industrial Building Shop (As permitted in terms of Clause 7.5) Single Family Dwelling (For staff/caretaker only) Warehouse: Wholesale and Storage

Agricultural Building Agricultural Industry Agricultural Land Betting Depot Creche Educational Building Funeral Parlour Garage Home Activity1

Home Business1 Launderette Light Industrial Building Outbuilding – Human Habitation Parking Garage Place of Public Assembly Private Recreation Area Recreational Building Restaurant Service Station



Minimum Erf Area (m2) Exclusive 1 800




Rear Space (m) 2

Side Space (m) 0


Coverage (%) 75

Maximum Height 25








72

4.11 ACTIVE OPEN SPACE, AGRICULTURE AND CIVIC AND SOCIAL ZONES TABLES

ZONE: ACTIVE OPEN SPACE

Statement of Intent This zone provides part of the sustainable open space system which includes independent or linked open space areas and green lung areas of the urban environment for sporting and recreational needs and associated activities of the local and visiting public and may include areas of passive open space where appropriate.


SPECIAL CONSENT

Outbuilding – Non-human Habitation Private Conservation Area Private Recreation Area Public Park Recreational Building Single Family Dwelling

Agricultural Building Agricultural Land Bed and Breakfast Creche Educational Building Home Activity Home Business Institution Outbuilding – Human Habitation Place of Public Assembly Restaurant Second Dwelling Unit



Minimum Erf Area (m2) N/A

Minimum Erf Width (m) Frontage N/A

Depth to Frontage Ratio N/A


Rear Space (m) 2

Side Space (m) 2


Coverage (%) 15

Maximum Height 2



controls. 5. On-site parking for cars and buses shall be provided to the satisfaction of the

Municipality. 6. Prior to development occurring, an application for development shall be screened to




73

ZONE: URBAN AGRICULTURE 1

Statement of Intent Areas of low-impact, generally smaller-scale agricultural activity in or adjacent to urban areas, invariably in a transitional form, towards residential estate and small holding zones or other appropriate urban based zoning.


SPECIAL CONSENT

Agricultural Building Agricultural Land Home Activity Outbuilding – Human Habitation Outbuilding – Non-human Habitation Private Conservation Area Second Dwelling Unit Single Family Dwelling

Agricultural Industry Bed and Breakfast1 Creche Educational Building Home Business1 Institution Kennels Place of Public Assembly Private Recreation Area Recreational Building



Minimum Erf Area (m2) No subdivision permitted




Rear Space (m) 2

Side Space (m) 2


Coverage (%) 12.5

Maximum Height 22



Consent procedure may be waived. 2. Height may be increased by Special Consent. 3. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls. 4. Prior to development occurring, an application for development shall be screened to




74

ZONE: URBAN AGRICULTURE 2

Statement of Intent Agricultural area that is in close proximity to urban areas but which should in the short to medium term remain utilised for agricultural purposes.


SPECIAL CONSENT

Agricultural Building Agricultural Land Home Activity Outbuilding – Human Habitation Outbuilding – Non-human Habitation Private Conservation Area Second Dwelling Unit Single Family Dwelling

Agricultural Industry Bed and Breakfast1 Creche Educational Building Guest House Home Business1 Institution Kennels Place of Public Assembly Private Recreation Area Recreational Building







Rear Space (m) 2

Side Space (m) 2

Floor Area Ratio (FAR) N/A2

Coverage (%) N/A2

Maximum Height 23



Consent procedure may be waived. 2. Floor Area and Coverage as would normally be applicable to the uses permitted. 3. Height may be increased by Special Consent. 4. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional

controls. 5. Prior to development occurring, an application for development shall be screened to




75

ZONE: WORSHIP 1

Statement of Intent A zone that is intended for land and buildings to be used as a church, chapel, mosque, temple, oratory, synagogue, Sunday school, and other places of public devotion, but does not include a funeral chapel


SPECIAL CONSENT

Home Activity Outbuilding – Human Habitation Outbuilding – Non-human Habitation Place of Public Assembly Private Conservation Area Single Family Dwelling

Agricultural Building Agricultural Land Bed and Breakfast Creche Educational Building Home Business1 Institution Private Recreation Area Public Office Recreational Building Second Dwelling Unit1 Shop (Restricted to 100m2)







Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height N/A



Consent procedure may be waived. 2. See Clause 4.4 (1) (ix) regarding the relaxation of Erf Area. 3. Clauses 4.1 to 4.8 above shall apply and cover other relaxations and additional controls. 4. Parking shall be provided in accordance with Clause 6.4(1). 5. Prior to development occurring, an application for development shall be screened to




76

ZONE: WORSHIP 2

Statement of Intent A zone that is intended for land and buildings to be used as a church, chapel, mosque, temple, oratory, synagogue, Sunday school, and other places of public devotion, but does not include a funeral chapel


SPECIAL CONSENT

Home Activity Outbuilding – Human Habitation Outbuilding – Non-human Habitation Place of Public Assembly Private Conservation Area Single Family Dwelling

Agricultural Building Agricultural Land Bed and Breakfast Creche Educational Building Home Business1 Institution Private Recreation Area Public Office Recreational Building Second Dwelling Unit1 Shop (Restricted to 100m2)







Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height N/A



Consent procedure may be waived. 2. See Clause 4.4 (1 (ix) regarding the relaxation of Erf Area. 3. Clauses 4.1 to 4.8 above shall apply and cover other relaxations and additional





77

ZONE: INSTITUTION

Statement of Intent A zone that is intended for land and buildings for the accommodation and care of the aged, places of safety and orphanages.


SPECIAL CONSENT

Institution Outbuilding – Human Habitation Outbuilding – Non-human Habitation Private Conservation Area Single Family Dwelling

Agricultural Building Agricultural Land Bed and Breakfast Creche Educational Building Home Activity1 Home Business1 Launderette Medium Density Housing Place of Public Assembly Private Recreation Area Public Office Recreational Building Residential Building Second Dwelling Unit1 Shop (Restricted to 100m2)







Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height 2








78

ZONE: EDUCATION

Statement of Intent A zone that provides for a full range of educational facilities including infants, pre-primary, primary, secondary, tertiary and adult education and training with associated buildings and recreational facilities.


SPECIAL CONSENT

Creche Educational Building Outbuilding – Human Habitation (Ancillary to the education usage) Outbuilding – Non-human Habitation (Ancillary To the education usage) Place of Public Assembly Private Conservation Area Private Recreation Area Recreational Building Single Family Dwelling

Agricultural Building Agricultural Land Guest House Home Activity1 Home Business1 Institution Public Office



Minimum Erf Area (m2) To Education Department Standards




Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height 3








79

ZONE: MUNICIPAL AND GOVERNMENT

Statement of Intent A zone that is intended for buildings erected and used for National, Provincial and Municipal administration and services


SPECIAL CONSENT

Educational Building Garage (ancillary to the municipal and government usage) Outbuilding – Human Habitation (ancillary to the municipal and government usage) Outbuilding – Non-human Habitation (ancillary to the municipal and government usage) Place of Public Assembly Private Conservation Area Private Recreation Area Public Office Public Park Recreational Building Residential Building (ancillary to the municipal and government usage) Service Industrial Building (ancillary to the municipal and government usage) Single Family Dwelling Warehouse (ancillary to the municipal and government usage)

Agricultural Building Agricultural Land Creche Home Activity1 Home Business1 Institution Shop



Minimum Erf Area (m2) As determined




Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height 3








80

ZONE: HEALTH AND WELFARE

Statement of Intent A zone that provides for a full range of public and private hospitals, medical centres, clinics, sanatoria, community care, welfare and social requirements.


SPECIAL CONSENT

Creche Dwelling House Institution Launderette Medium Density Housing (restricted to accommodation of staff) Office (restricted to ancillary uses such as doctors rooms) Public Office Restaurant Residential Building (Restricted to accommodation of staff) Shop (restricted to ancillary uses such as a chemist)

Agricultural Building Agricultural Land Educational Building Home Business Place of Public Assembly Private Recreation Area Recreational Building Restricted Building



Minimum Erf Area (m2) To Department of Health Standards




Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height 3







81

ZONE: CEMETERY

Statement of Intent A zone that is intended for public and private cemeteries, memorial parks and funeral chapel


SPECIAL CONSENT

Cemetery Crematoria Mortuary

Agricultural Building Agricultural Land Place of Public Assembly Shop (restricted to the sale of products related to the Cemetery use such as flowers and light refreshments)



Minimum Erf Area (m2) To Department of Health Standards




Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height 3







82

4.12 TRANSPORTATION, ACCESS, FACILITIES, RIVER AND AMENITY RESERVES

STATEMENT OF INTENT ADDITIONAL CONTROLS

Existing Roads A zone that makes provision for the protection of roads and road reserves for the free movement of vehicular and pedestrian transport.

New Roads and Road Widening of Existing Roads A zone that makes provision for the reservation of land designated as new roads and areas for road widening.

Approximate position of future New Roads A zone that provides for the provision of future roads.

Final alignment to be determined when development takes place.

Road Closures Roads that are proposed to be closed

Public Parking A zone that reserves land for vehicular parking purposes.

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

Railways A zone that makes provision for railway routes, open areas for the storage and repair of trains, stations and passenger facilities and warehouses for freight operations.

Dam The reservation of land which is used for large scale storage of water in the form of a Dam which may also be used for recreation purposes.

Use of the water body requires permission from the Department of Water and Sanitation.

Water Works A zone that makes provision for reservoirs, waterworks and infrastructure necessary for delivery of water.

Sewage Disposal Works

A zone that makes provision for sewage and waste water treatment and associated infrastructure.

Refuse Site

A zone that makes provision for refuse disposal works and infrastructure necessary for the disposal or recycling of solid waste.

River Reserve

Reserve to protect the amenity of the water course and to minimise pollution and erosion.

1. Removal of soil and stones not permitted without the authority of the Municipality.

2. The Municipality shall be permitted to install

underground services.



83

STATEMENT OF INTENT ADDITIONAL CONTROLS

Amenity Reserve

This land is reserved to protect the quality of the natural environment along the beachfront but may be used by the Public for passive recreation.

1. Subject to Clause 2 below a restaurant (restricted to a maximum floor areas of 150 m²), a shop (restricted to a maximum area of 150 m² and the sale of non-alcoholic beverages, food, confectionery, tobacco and similar commodities) car parking, a recreational building and public conveniences are permitted and a Place of Public Amusement may be permitted by Special Consent.

2. The design and siting of any building,

structure or land use shall take into account any existing indigenous vegetation and no such vegetation shall be removed without the authority of the municipality.

3. All other uses are prohibited.



84

4.13 PASSIVE OPEN SPACE AND CONSERVATION RESERVES TABLES

ZONE: PASSIVE OPEN SPACE

Statement of Intent Land set aside for public purposes and services to accommodate any independent or linked open space areas owned and maintained by a public agency for passive and limited active recreational purposes that are used and enjoyed by the general public and may include ancillary facilities or buildings.


SPECIAL CONSENT

Conservation Area Public Park (Restricted to buildings and maintenance areas, structures, and gardens that relate to the Passive Open Space use)

Creche Educational Building Outbuilding – Human Habitation Place of Public Assembly Private Recreation Area Recreational Building Restaurant Single Family Dwelling







Rear Space (m) 2

Side Space (m) 2

Floor Area Ratio (FAR) Buildings to be limited to those that are absolutely essential for limited public usage.

Coverage (%) Buildings to be limited to those that are absolutely essential for limited public usage.

Maximum Height 1


Additional Controls: 1. The municipality shall take reasonable steps to protect any indigenous botanical

communities which occur within these areas



85

ZONE: CONSERVATION

Statement of Intent Land set aside for public purposes and services that is a natural area of land and / or water within which the conservation of the scenic beauty, indigenous flora and fauna, water course and other topographical features, places of historic or scientific interest and the like is of primary importance.


SPECIAL CONSENT

Conservation Area

Educational Building (Restricted to use for conservation education purposes) Place of Public Assembly Restaurant Single Family Dwelling (For caretaker use only)







Rear Space (m) 2

Side Space (m) 2

Floor Area Ratio (FAR) Buildings to be limited to those that are absolutely essential for limited public usage.

Coverage (%) Buildings to be limited to those that are absolutely essential for limited public usage.

Maximum Height 1


Additional Controls: 1. No indigenous flora, fauna or any naturally occurring material shall be disturbed or

removed without the necessary authority.

2. Except where picnic areas and the footpaths through the vegetation have been specially demarcated, the public shall not be admitted.

3. Any work of any kind which is undertaken shall be done in accordance with a layout plan with conditions as per Clause 3.3 which shall be binding.



86

4.14 PRIVATE CONSERVATION ZONE AND ECO-AGRI RECREATION ZONE

ZONE: PRIVATE CONSERVATION ZONE

Statement of Intent The primary purpose of this zone is to afford protection to areas in private ownership which the Municipality considers to be of conservation significance.


SPECIAL CONSENT

Private Conservation Area

Bed and Breakfast Educational Building (restricted to the undertaking of education of a conservation nature) Outbuilding – Human Habitation Outbuilding – Non-human Habitation Private Recreation Area Restaurant Single Family Dwelling







Rear Space (m) 2

Side Space (m) 2

Floor Area Ratio (FAR) As determined in terms of Environmental Assessment

Coverage (%) As determined in terms of Environmental Assessment

Maximum Height 2

Minimum Width Access Way N/A

Additional Controls: 1. No material or elements shall be disturbed, removed or altered in any way unless

approval is first obtained from the Municipality. In granting such authority the Municipality may impose whatever controls it considers necessary to achieve the objectives of the zone including the preparation of an environmental management plan or, where appropriate, the Environmental Authorisation process as required in terms of the National Environmental Management Act, No. 107 of 1998 and the Regulations promulgated in terms of this Act shall be undertaken.

2. Prior to any development occurring information as set out in Clause 3.3 shall be

provided.



87

ZONE: ECO-AGRI RECREATION ZONE

Statement of Intent These areas have been identified at Provincial level as Green Wedges and play an important role in providing areas of low key development separating traditional urban areas. Any development proposed shall be in line with the Provincial Green Wedge Policy.

PERMITTED USES/BUILDINGS

USES/BUILDINGS PERMITTED BY

SPECIAL CONSENT

Agricultural Building Agricultural Land Bed and Breakfast Outbuilding – Human Habitation Outbuilding – Non-human Habitation Private Conservation Area Single Family Dwelling

Caravan Park Educational Building Guest House Holiday Dwelling or Chalet Medium Density Housing Place of Public Amusement Place of Public Assembly Private Recreation Area Recreation Building Restaurant Shop (Restricted to 120m2)



Minimum Erf Area (m2) To be determine through Environmental Assessment

Minimum Erf Width (m) Frontage To be determine through Environmental Assessment

Depth to Frontage Ratio To be determine through Environmental Assessment

Building Line (m) To be determine through Environmental Assessment

Rear Space (m) To be determine through Environmental Assessment

Side Space (m) To be determine through Environmental Assessment

Floor Area Ratio (FAR) To be determine through Environmental Assessment

Coverage (%) To be determine through Environmental Assessment

Maximum Height 2

Minimum Width Access Way To be determine through Environmental Assessment

Additional Controls: Whenever considered necessary, and required by the Municipality or any other authority in terms of the level of development proposed, the Environmental Authorisation process, as required in terms of the National Environmental Management Act, No. 107 of 1998 and the Regulations promulgated in terms of this Act shall be undertaken. (See Clause 3.3)



88

4.15 SPECIAL ZONES SCOTTBURGH PORTION

ZONE: SPECIAL ZONE 1.1 (CORE MIXED USE)

ERF NUMBER(S): 748 SCOTTBURGH

Statement of Intent A zone situated within the Town Centre that while of a Core Mixed Use nature, has a specific level of residential development and restricted usage.


SPECIAL CONSENT

Commercial Workshop Launderette Office Building Outbuilding: Non-human Habitation Place of Public Amusement Public Office Residential Building (Except on ground floor) Restaurant Shop Warehouse

Agricultural Land Bed and Breakfast Betting Depot Boarding House Creche Educational Building Funeral Parlour Guest House Holiday Dwelling (Except on Ground Floor) Home Activity Home Business Hotel Institution Outbuilding: Human Habitation Parking Garage Place of Public Assembly Private Conservation Area Private Recreation Area Recreational Building Tavern






Building Line (m) 1

Rear Space (m) 2

Side Space (m) 0


Coverage (%) 80

Maximum Height 4



controls. 2. Parking shall be provided in accordance with Clause 6.4(1). 3. The total Floor Area of Residential Use shall not exceed 4 022m2 and the Coverage

for Residential usage shall not exceed 59%. 4. Subject to the provision of a sewage disposal system to the satisfaction of the

Municipality



89

ZONE: SPECIAL ZONE 1.2 (MEDIUM IMPACT MIXED USE)


Statement of Intent A zone that is limited to substantially non-residential mixed uses, and a specific density of development.


SPECIAL CONSENT

Commercial Workshop Launderette Office Building Place of Public Amusement Public Office Restaurant Shop Warehouse

Agricultural Land Betting Depot Creche Educational Building Funeral Parlour Hotel Parking Garage Place of Public Assembly Private Conservation Area Private Recreation Area Recreational Building Tavern






Building Line (m) 1

Rear Space (m) 2

Side Space (m) 0


Coverage (%) 50

Maximum Height 3


Additional Controls: 1. Accommodation of motor vehicles to be provided on the Erf at the ratio of 5 bays per 100

m2 of gross shop floor area and that in respect of any other uses on the site, parking shall be provided in accordance with Chapter 6.

2. Subject to the provision of sewage disposal system to the satisfaction of the Municipality. 3. Special Zone 1.2 is to apply to consolidated Erven 758, 770, 773, 760, and 761 of

Scottburgh. 4. The municipal infrastructure around the site is to be up-sized by any developer at the

developer’s expense, to the satisfaction of the Municipality.

SPECIAL ZONE 1.3 PROPOSED TO BE DELETED



90

ZONE: SPECIAL ZONE 1.4 (MEDIUM DENSITY RESIDENTIAL 1)

ERF NUMBER(S): RE/1289 SCOTTBURGH

Statement of Intent A Medium Density Residential development that is situated adjacent to the Amenity Reserve and is strictly controlled.


SPECIAL CONSENT

Medium Density Housing Residential Building Single Family Dwelling

Launderette Private Recreation Area Recreational Building



Minimum Erf Area (m2) See Additional Controls



Building Line (m) See Additional Controls

Rear Space (m) See Additional Controls

Side Space (m) See Additional Controls


Coverage (%) 20

Maximum Height 1




91

Additional Controls: 1. Prior to commencement of development, erven 507 to 514 and Rem of A of Erf 14 No.

1664 are to be consolidated and no further sub-division of the consolidated Erf shall be permitted.

2. Minimum area of the consolidated Erf shall be as certified by the Surveyor General. 3. Development within this zone shall be subject to a 7.5 m building line on the eastern

boundary which shall not be relaxed; and a 4.5 m side and rear space provided that the Municipality may relax the side or rear space if it is satisfied that the amenity of the development is not reduced.

4. Development shall be limited to a maximum of 68 dwelling units. 5. The following services shall be provided to the satisfaction of the Municipality and any

other relevant authority:

a) Stormwater drainage b) Sewerage reticulation c) Water reticulation d) Electricity reticulation

6. Subject to the construction of the bridge as shown on the plan numbered 5117, being to the

satisfaction of the Municipality and Spoornet; provided that the construction is completed within six months of commencement of development or at a date to be approved by the Municipality and Spoornet.

7. The layout of the development is to be as shown on the plan numbered RJS 831. Minor

modifications of the layout may be permitted with the prior approval of the Municipality. 8. Accommodation for motor vehicles to be provided on the Erf as per Chapter 6 . 9. The conservation areas, namely wetlands, streams and surrounding vegetation shown green

on the plan numbered RJS 831, are not to be disturbed, and the dune forest is to be given maximum protection from bush clearance. A Private Nature Reserve should be declared for the conservation area.

10. The existing paths shown on the plan numbered RJS 831 are to remain and are to be

fenced along their lengths; provided that no additional pathways to the beach are permitted; nor may bush be removed in order to create or improve sea views.

11. Landscaping of common open space areas shall be undertaken to the satisfaction of the

Municipality in consultation with Ezemvelo KZN Wildlife at such time as may be agreed to, in accordance with a scheme of landscaping to be submitted to and approved by the Municipality prior to the commencement of development. Such landscape proposals shall provide for the planting of indigenous trees and shrubs, the movement and levelling of earth, the grassing of common open spaces, the re-vegetation of the bridge embankment on the seaward side, and the establishment of informal pedestrian ways.

12. Fencing shall be undertaken to the satisfaction of the Municipality at such time as may be

agreed to, along the western boundary of the consolidated Erf where it abuts the Railway Reserve, and along any other boundaries as may be required by the Municipality. The eastern boundary shall be clearly defined in order to protect the existing coastal dune forest/ vegetation on the Admiralty Reserve. All fences shall be of a design and standard that is harmonious and consistent with the development of the site.



92

ZONE: SPECIAL ZONE 1.5 (MEDIUM DENISTY RESIDENTIAL 3)

ERF NUMBER(S): PORTION 1 OF ERF 264 SCOTTBURGH

Statement of Intent A Medium Density Residential 3 development with additional controls to protect the stream and natural vegetation.


SPECIAL CONSENT

Medium Density Housing Single Family Dwelling

Creche Private Recreation Area Recreational Building







Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 2


Additional Controls: 1. Minimum erf size : 1800 m². 2. Accommodation for motor vehicles to be provided on the Erf as per Chapter 6. 3. Subject to the provision of a sewage disposal system to the satisfaction of the Municipality. 4. On the portion of Erf 264 zoned for Special Zone 1.5 purposes:

a. The density shall be limited to 15 dwelling units per hectare; b. No building shall be placed closer than 12m to the centre of the stream traversing Erf

264. 5. No vegetation shall be disturbed or removed in an area 10m on either side of the stream

traversing Erf 264 without the authority of the Municipality. 6. Prior to development commencing, all indigenous trees shall be clearly marked on a layout

plan and units shall be positioned so as to retain as much natural vegetation as possible.



ZONE: SPECIAL ZONE 1.6 (RESIDENTIAL ONLY 3,MEDIUM DENSITY RESIDENTIAL 1)

ERF NUMBER(S): ERVEN 1692-1730 (RESIDENTIAL ONLY 3), 1732-7134, 1735

(CONSERVATION), 1736-7139 (PRIVATE ROADS)

Statement of Intent A Residential Estate with a substantial Conservation Area


SPECIAL CONSENT

Medium Density Housing Single Family Dwelling

Creche Private Recreation Area Recreational Building Residential Building




Minimum Erf Width (m) Frontage See Additional Controls

Depth to Frontage Ratio See Additional Controls




Floor Area Ratio (FAR) See Additional Controls

Coverage (%) See Additional Controls

Maximum Height See Additional Controls

Minimum Width Access Way See Additional Controls

Additional Controls: 1. No Dwelling Units or Erven may be sold until such time as the Conditions of Establishment relating to the Township have been met (Ref PTB 101788 (iii) or any subsequently approved Conditions of Establishment) 2. Erven 1692 to 1730 shall be developed in a manner that complies with the Residential Only 3 zone controls 3. Erven 1732 to 7134 shall be developed to a level in accordance with the Environmental Authorisation. The Medium Density Residential 3 zone shall be used as a guide in this regard but the Environmental Authorisation shall take precedence. 4. A Home Owners Association shall be established to which all Home Owners shall belong. 5. Erf 1735 shall be owned by the Home Owners Association and shall be conserved and maintained in the manner set out in an environmental management plan to the satisfaction of the Municipality or as alternatively agreed upon with the Municipality. 6. The ownership of Erven 1736-1739 (Roads Erven) shall vest with the Home Owners Association and they shall be maintained by the Home Owners Association to the satisfaction of the Municipality unless otherwise negotiated with the Municipality.





Statement of Intent An Erf with reduced Erf Area where a Residential Building is permitted due to its position in close proximity to open space and amenities.


SPECIAL CONSENT

Residential Building Outbuilding: Non-human Habitation

Bed and Breakfast Home Activity Home Business Outbuilding: Human Habitation







Rear Space (m) 2

Side Space (m) 2


Coverage (%) 50

Maximum Height 2


Additional Controls: 1. Minimum erf size: 800 m². 2. Accommodation for motor vehicles to be provided on the erf as per Chapter 6. 3. Subject to the provision of a sewage disposal system to the satisfaction of the Municipality.



ZONE: SPECIAL ZONE 1.8 (HIGH DENSITY RESIDENTIAL 3)

ERF NUMBER(S): ERF 779 SCOTTBURGH

Statement of Intent A High Density Residential development on an Erf which has limitations.


SPECIAL CONSENT

Single Family Dwelling Medium Density Housing Outbuilding: Non-human Habitation Residential Building

Home Activity Home Business Outbuilding: Human Habitation







Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 45

Maximum Height 3


Additional Controls: 1. Clauses 4.1 to 4.8 above shall apply and cover relaxations and other additional controls. 2. Parking shall be provided in accordance with Clause 6.4(1). 3. Services and access are to be provided to the satisfaction of the Municipality. 4. Development shall be limited to a maximum of 6 units. 5. Development of this property shall conform substantially to the plan dated May 2003 by

Architectural Concepts

SPECIAL ZONE 1.9 PROPOSED TO BE DELETED



ZONE: SPECIAL ZONE 1.10 (RESIDENTIAL ONLY 4)

ERF NUMBER(S): Erven1478,1519 (1476&1477) and 1520 (1479&1482) Freeland Park Ext

Statement of Intent A Life-style Residential development where development is clustered to allow for private conservation areas.


SPECIAL CONSENT

Institution Launderette (for use by residents) Medium Density Housing Outbuilding: Human Habitation Outbuilding: Non Human Habitation Private Conservation Area Private Recreation Area Recreational Building Residential Building Single Family Dwelling

Home Activity Home Business Place of Public Assembly (Hall) Shop (restricted to 100m2)










Coverage (%) 25

Maximum Height 2


Additional Controls: Accommodation of motor vehicles to be provided on erf as per chapter 6.

Minimum area of the erf shall be 1800m2.

Development within this zone shall be subject to a 15m building line on the boundaries adjoining the N2 National Road and MR 188 (Dududu Road) which may only be relaxed with the prior approval of the Competent Roads Authority; and a 4,5m side and rear space, which may be relaxed by the Municipality if it is satisfied that amenity of the development and the neighbourhood are not adversely affected and relaxation procedures as laid down in these clauses have been undertaken.

Density on Erf 1478 shall be limited to a maximum of 87 units (45 individual units and a central block of 28 single and 14 one bedroom apartments) and shall be substantially in accordance with the layout as depicted on drawing No. 303: Rev 4 Dated March 2007. Minor modifications of the layout may be permitted with the prior approval of the Municipality

Density on Erf 1519 shall be limited to a maximum of 40 single and multi-level units and shall be substantially in accordance with the layout as depicted on drawing No. 303: Rev 4 Dated March 2007. Minor modifications of the layout may be permitted with the prior approval of the Municipality.

Density on Erf 1520 shall be limited to a maximum of 14 units and shall be substantially in accordance with the layout as depicted on drawing No. 303: Rev 4 Dated March 2007. Minor modifications of the layout may be permitted with the prior approval of the Municipality.

The following services shall be provided to the satisfaction of the Municipality and any other service provider: a) Storm water drainage – A detailed stormwater management plan must be designed for the

construction and operational phases of the development and must be copied to DWS. The plan must be preferential to the control of stormwater over exposed ground, dispersal of run-off from roads; and measures to limit erosion and pollution potential into the watercourse, dam, drainage lines and the



coastal forest. b) Sewer reticulation – The preferred sewage disposal method is water borne sewage reticulation

provided by Ugu Municipality. Should the sewage package treatment plant (PTP) option be considered, DWS, EKZNW and DEDTEA must be informed accordingly. Details of the PTP (viz location, capacity, capability to treat sewage etc) must be made available to all relevant Departments for their comment and approval prior to installation.

c) Water reticulation d) Electricity reticulation

The private conservation areas, namely wetlands, streams and surrounding vegetation on the plan numbered 303 REV 4 dated March 2007, are not to be disturbed.

This development is subject to the conditions contained in the Record of Decision dated 20 May 2005, numbered 9.1 to 9.31 respectively, and Amendment to the Conditions of Authorisation dated 29 March 2007, as issued by the KZN Department of Agriculture and Environmental Affairs which remain valid for the lifetime of the development. Certain of the specific conditions area listed hereunder, as numbered in the ROD: 9.1.5 a) A minimum buffer of 20m from the forest fringe (as defined by the “drip line” of the canopy, of

the existing woody vegetation which exists on erf 1479) must be identified and maintained as an ecological buffer and development exclusion zone;

b) A 10m (5m from the center on either side) development exclusion and limited use buffer must be delineated around drainage lines which traverse the site;

c) A 15m development exclusion buffer zone must be maintained from the water course / riparian areas;

d) An appropriate buffer must be maintained around the dam as highlighted by Marine and estuarine Research in their correspondence dated 5 March 2005;

e) The private open space (viz indigenous forest area and its buffer zone, the wetland areas associated with the dam and stream, and their associated buffer zones) must be declared as Private Conservation Areas to allow for their protection in perpetuity;

f) A final layout plan that reflects these requirements must be submitted to the DEDTEA for its approval. The final development proposal shall be according to the layout as approved by the DEDTEA.

9.16 A comprehensive site specific Environmental Management Plan (EMP) must be compiled and submitted to EKZNW and DEDTEA for approval. Construction must not commence prior to the approval of this EMP.

9.17 An Environmental Control Officer (ECO) must be appointed to ensure compliance with the EMP. The details of he ECO must be communicated to DEDTEA upon his / her appointment;

9.18 The following recommendations highlighted in the Geotechnical Considerations Report prepared by Drennan Maud and Partners dated 19 October 2004 must be implemented: a) A Geotechnical Engineer / Engineering Geologist must conduct a site specific investigation

for each element of the phase 2 development; b) A Geotechnical Engineer / Engineering Geologist must inspect all excavations, foundations

and earthworks during construction to ensure that they are being carried out in accordance with his / her recommendations;

c) On completion of construction, the responsible professional must certify that the Contractor has implemented the design recommendations to his / her satisfaction.

9.23 The dam construction and commissioning must be undertaken in such a way that the impact on the downstream flora and fauna is minimized. The provision of a steady release of water from the impoundment must be ensured to maintain the viable functioning of the downstream ecosystem. The final design of the dam must ensure that the continued and more or less uninterrupted flow of water through the area is facilitated. This must occur at all stages of the development, including the filling phase of the dam.

9.24 A comprehensive, locally indigenous landscaping and rehabilitation plan for the development must be developed by a suitably qualified person(s), in consultation with EKZNW. All indigenous material used in landscaping must be obtained from a legitimate source and not from the natural landscape (unless rescued from a footprint or servitude area on the development)

9.25 Combating of alien vegetation throughout the development by means of an ongoing and regular plan of action is essential. This should be compiled and executed by a competent person or team, using methods and / or chemicals approved by Working for Water, DWAF, and the Department of Agriculture

9.26 The watercourse / riparian, forest habitat and their associated buffers must be designated as no go areas for the duration of the construction and operation phases of the development. These areas must be cordoned off prior to construction.



9.28 In order to further promote the establishment of mosaic blomes, an area must be set aside for the establishment of grassland, which should be an extension of the proposed wetland development.

9.29 The conditions laid down by the DWAF stipulated in their letters dated 19 November 2004 and 24 January 2005 must be complied with.

Access is to be obtained from the extension of Olive Road as shown on Drawing No. 303: REV 4 dated March 2007. The extension of Olive Road is to be constructed to the satisfaction of the Municipality, by the developer, where-after it is to be donated to and taken over by the Municipality as a public street. External road access shall be upgraded as negotiated with the Municipality. Access to units in close proximity to Wesley Road shall be permitted off Wesley Road. Internal access shall be provided to the satisfaction of the Municipality.




ERF NUMBER(S): ERF 1480 FREELAND PARK

Statement of Intent A High Density Residential Development where development is clustered to allow for Private Conservation Areas.


SPECIAL CONSENT

Outbuilding: Human Habitation Outbuilding: Non-Human Habitation Private Conservation Area Recreational Building (for Residents only) Residential Building

Home Activity Home Business







Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 25

Maximum Height 3


Additional Controls: Accommodation of motor vehicles to be provided on erf as per Chapter 6.

Minimum area of the erf shall be 1800m2.

Development within this zone shall be subject to a 15m building line on the boundary adjoining MR 188 (Dududu Road) which may only be relaxed with the prior approval of the Competent Roads Authority; and a 4,5m side and rear space, which may be relaxed by the Municipality if it is satisfied that amenity of the development and the neighbourhood are not adversely affected and relaxation procedures as laid down in these clauses have been undertaken.

The layout of the development is to be as shown on the drawing No. 500 REV 3 dated 30 June 2005. Minor modifications of the layout may be permitted with the prior approval of the Municipality.

The following services shall be provided to the satisfaction of the Municipality and any other service provider: a) Storm water drainage – A detailed stormwater management plan must be designed for the

construction and operational phases of the development and must be copied to DWAF. The plan must be preferential to the control of stormwater over exposed ground, dispersal of run-off from roads; and measures to limit erosion and pollution potential into the watercourse, dam, drainage lines and the coastal forest.

b) Sewer reticulation – The preferred sewage disposal method is water borne sewage reticulation provided by Ugu Municipality. Should the sewage package treatment plant (PTP) option be considered, DWAF, EKZNW and DEDTEA must be informed accordingly. Details of the PTP (viz location, capacity, capability to treat sewage etc) must be made available to all relevant Departments for their comment and approval prior to installation.

c) Water reticulation d) Electricity reticulation.

The private conservation areas, namely wetlands, streams and surrounding vegetation shown in green and blue on the plan numbered 500 REV 3 dated 30 June 2005, area not to be disturbed.

This development is subject to the conditions contained in the Record of Decision dated 20 May 2005 as issued by the KZN Department of Agriculture and Environmental Affairs and numbered 9.1 to 9.31 respectively, which remain valid for the lifetime of the development. Certain of the specific conditions area listed hereunder, as numbered in the ROD:



9.15 a) A minimum buffer of 20m from the forest fringe (as defined by the “drip line” of the canopy, of the existing woody vegetation which exists on erf 1479) must be identified and maintained as an ecological buffer and development exclusion zone;

b) A 10m (5m from the center on either side) development exclusion and limited use buffer must be delineated around drainage lines which traverse the site;

c) A 15m development exclusion buffer zone must be maintained from the water course / riparian areas;

d) The private open space (viz indigenous forest area and its buffer zone, the wetland areas associated with the dam and stream, and their associated buffer zones) must be declared as Private Conservation Areas to allow for their protection in perpetuity;

e) A final layout plan that reflects these requirements must be submitted to the DAEA for its approval. The final development proposal shall be according to the layout as approved by the DEDTEA.

9.16 A comprehensive site specific Environmental Management Plan (EMP) must be compiled and submitted to EKZNW and DEDTEA for approval. Construction must not commence prior to the approval of this EMP.

9.17 An Environmental Control Officer (ECO) must be appointed to ensure compliance with the EMP. The details of he ECO must be communicated to DAEA upon his / her appointment;

9.18 The following recommendations highlighted in the Geotechnical Considerations Report prepared by Drennan Maud and Partners dated 19 October 2004 must be implemented: a) A Geotechnical Engineer / Engineering Geologist must conduct a site specific investigation

for each element of the phase 2 development; b) A Geotechnical Engineer / Engineering Geologist must inspect all excavations, foundations

and earthworks during construction to ensure that they are being carried out in accordance with his / her recommendations;

c) On completion of construction, the responsible professional must certify that the contractor has implemented the design recommendations to his / her satisfaction. Contractor has implemented the design recommendations to his / her satisfaction.

9.23 The dam construction and commissioning must be undertaken in such a way that the impact on the downstream flora and fauna is minimized, the provision of a steady release of water from the impoundment must be ensured to maintain the viable functioning of the downstream ecosystem. The final design of the dam must ensure that the continued and more or less uninterrupted flow of water through the area is facilitated. This must occur at all stages of the development, including the filling phase of the dam.

9.24 A comprehensive, locally indigenous landscaping and rehabilitation plan for the development must be developed by a suitably qualified person(s), in consultation with EKZNW. All indigenous material used in landscaping must be obtained from a legitimate source and not from the natural landscape (unless rescued from a footprint or servitude area on the development)

9.25 Combating of alien vegetation throughout the development by means of an ongoing and regular plan of action is essential. This should be compiled and executed by a competent person or team, using methods and / or chemicals approved by Working for Water, DWS, and the Department of Agriculture

9.26 The watercourse / riparian, forest habitat and their associated buffers must be designated as no go areas for the duration of the construction and operation phases of the development. These areas must be cordoned off prior to construction.

9.28 In order to further promote the establishment of mosaic blomes, an area must be set aside for the establishment of grassland, which should be an extension of the proposed wetland development.

9.29 The conditions laid down by the DWS stipulated in their letters dated 19 November 2004 and 24 January 2005 must be complied with.

Registration of this subdivision is conditional upon the granting of the access way from Dududu Road to erf 1479 and access to this subdivision being granted from erf 1479. This access shall be registered in the Deeds Office as a permanent Right of Way over erf 1479 in favour of erf 1480. Alternatively, this subdivision is to gain access by way of the extension of Palm Road. The portion of Palm Road traversing erf 1480 shall be constructed by the developer to the satisfaction of the Municipality, where-after it is to be donated to and taken over by the Municipality as a public road.

SPECIAL ZONE 1.12 (SUBURBAN OFFICE) PROPOSED TO BE DELETED



4.16 SPECIAL ZONES PARK RYNIE PORTION


ERF NUMBER(S): 321 PARK RYNIE

Statement of Intent A Mixed use zone also designed to cover the maintenance and repair of heavy duty transport vehicles.


SPECIAL CONSENT

Commercial workshop Garage (subject to Additional Controls) Launderette Office Building Public Office Restaurant Shop Warehouse

Creche Educational Building Funeral Parlour Hotel Medium Density Housing Residential Building Parking Garage Place of Public Amusement Place of Public Assembly Private Recreation Area Recreational Building Service Station Single Family Dwelling



Minimum Erf Area (m2) No further subdivision permitted



Building Line (m) As per DOT requirements

Rear Space (m) 2

Side Space (m) 0


Coverage (%) 70

Maximum Height 2


Additional Controls: 1. Garage restricted to the storage, servicing and repair of heavy duty transport vehicles,

provided no scrapped or wrecked vehicles or scrapped vehicle parts shall be kept on the premises.

2. The front portion of the site facing the Old Main Road shall be suitably screened and

landscaped to the satisfaction of the Local Municipality.



ZONE: SPECIAL ZONE 2.2 (MULTI-PURPOSE RETAIL)

ERF NUMBER(S):230 PARK RYNIE

Statement of Intent A restricted retail zone relating to the sale of motor vehicles.


SPECIAL CONSENT

Single Family Dwelling Garage (subject to additional control) Office Building

Creche




Minimum Erf Width (m) Frontage 7.5



Rear Space (m) 2

Side Space (m) 2


Coverage (%) 35

Maximum Height 1


Additional Controls: A Garage restricted to the sale of motor vehicles

SPECIAL ZONE 2.3 PROPOSED TO BECOME SUBURBAN OFFICE ZONE



ZONE: SPECIAL ZONE 2.4 (MEDIUM DENISTY RESIDENTIAL 2)

ERF NUMBER(S): PORTIONS 2 AND 3 OF ERF 538 APRK RYNIE

Statement of Intent A zone designed to cover a Medium Density Residential Development of 6 Duplex units.


SPECIAL CONSENT

Medium Density Housing (Subject to Additional Controls) Outbuilding: Non-Human Habitation Private Recreation Area








Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 2


Additional Controls: 1. Provision of sewerage to the satisfaction of the Service Provider.

2. Portions 2 and 3 of Erf 538 Park Rynie are to be consolidated.

3. Refuse bin area to be provided to the satisfaction of the Municipality.

4. Limited to a maximum of 6 duplexes.

5. For Home Activity and Home Business Special Consent may be waived if neighbours written consent is obtained.

6. All other provisions as per the Medium Density Residential 2 zone.



4.17 SPECIAL ZONES UMZINTO PORTION

ZONE: SPECIAL ZONE 3.1 (MULTI-PURPOSE RETAIL)

ERF NUMBER(S): 1/160 UMZINTO

Statement of Intent A zone designed to cater for a Farmers Co-operative and to protect a watercourse.


SPECIAL CONSENT

Agricultural Building Agricultural Land Private Conservation Area Shop (restricted to the sale and supply of goods incidental to a Farmer’s Co-operative). Single Family Dwelling Warehouse

Agricultural Industry Educational Building Office Building Parking Garage Place of Public Assembly Private Recreation Area Recreational Building Restaurant



Minimum Erf Area (m2) 1.5 Hectares




Rear Space (m) 2

Side Space (m) 2


Coverage (%) 15

Maximum Height 2


Additional Controls: 1. Minimum erf area of 1.5 hectares. 2. Parking and loading accommodation for motor vehicles to be provided on the erf as set

out in Chapter 6. 3. Access and sight distance to be to the satisfaction of the Provincial Department of

Transport. 4. No activities shall be carried out which will cause erosion and/ or pollution of the watercourse.

Landscaping of the site shall be carried out and maintained to the satisfaction of the Municipality. Screen planting to be carried out along the boundary with the Main Roads 22 and 580 to the satisfaction of the Municipality and the Provincial Department of Transport.



ZONE: SPECIAL ZONE 4.1 (PETROL FILLING STATION)

ERF NUMBER(S): Special Zone 4.1 (adjacent to Re/118)

Statement of Intent A zone designed to cater for a specific Petrol Filling Station with additional floor area.


SPECIAL CONSENT

Garage Private Conservation Area Service Station

Betting Depot Launderette Public Garage Place of Public Amusement Private Recreation Area Recreational Building Restaurant Single Family Dwelling (Restricted to use by a caretaker)







Rear Space (m) 2

Side Space (m) 0


Coverage (%) 50

Maximum Height 2


Additional Controls: 1. Minimum erf size of 1 800 m2. 2. Accommodation for motor vehicles to be provided on erven as set out in Chapter 6. 3. In addition to the general requirements of the Scheme, special attention is drawn to

Clauses 7.3 and 7.4. 4. Subject to a sewage disposal system to the satisfaction of the Municipality.



1.18 SPECIAL ZONES KELSO PORTION


ERF NUMBER(S): Re/Portion 8 of the Farm Port Umzinto No.6230

Statement of Intent A zone designed to control a Medium Density Housing Development situated on the beachfront in an environmentally sensitive manner, the development being limited to a maximum of 18 dwelling units


SPECIAL CONSENT

Medium Density Housing Outbuilding: Human Habitation Outbuilding Non-Human Habitation Private Conservation Area








Rear Space (m) 4.5

Side Space (m) 2


Coverage (%) 16

Maximum Height 2


Additional Controls:

1. The Conditions of Authorisation stipulated in paragraph 9 of the Record of Decision EIA 3778 dated 28 January 2005 and as amended will apply. Specific attention is drawn to the following:

2. Paragraph 9.13 of the Record of Decision as amended stipulates that each residential unit must not exceed 1

(one) storey in height, which includes the use of stilts to raise each residential unit as highlighted in the layout drawing prepared by Architectural Concepts dated 25 May 2004 and may allow a parking area beneath such raised residential units.

3. The minimum distance between buildings across Erf boundaries is to be relaxed to 2 metres between the existing

building at the north western corner of this property. Remainder of Portion 8 of the Farm Port Umzinto No. 6230, and the building at the south western corner of the adjourning property. Portion 15 (of 10) of the Farm Port Umzinto No. 6230.

4. The development must comply substantially with the amended development layout plan produced by

Architectural Concepts dated 25 May 2004, subject to minor variations as agreed to the Department of Economic Development, Tourism and Environmental Affairs.

5. The number of access points from the property to the beach must be limited to one and this access must be

formalized as raised boardwalks. There will be no further access points to the beach. 6. The mitigation measures highlighted in sections 4 and 5.2 of Environmental Scoping Report prepared by GAEA

Projects dated September 2003 must be adhered to. In addition, the appropriate mitigation measures including vegetation screening must be employed for those residential units.

7. The following conditions apply to management of the primary dune system: 7.1 No development is to take place within 5m from the outer edge of dune vegetation. This includes the building

structures such as balconies, verandahs, dining and viewing decks, and walkways.



7.2 Vegetation must not be removed from the primary dune system. 7.3 The dune systems must be suitably fenced off during the construction of the development. 7.4 Should there be any damage to the vegetation on the primary dune system owing to the proposed development;

then a comprehensive rehabilitation plan must be drawn up and implemented immediately. 8. The following conditions apply to stormwater management on the site: 8.1 Stormwater control measures must be instituted on the site prior to the commencement of any construction 8.2 Suitable mechanisms must be put into place in order to dissipate the energy from stormwater so that

erosion to the primary dune systems is prevented. 9. All construction work must cease and Amafa aKwaZulu-Natal contacted if any archaeological or cultural sites

have been discovered. Construction work may only resume with Amafa’s approval. 10. Indigenous vegetation located on the site, including Milkwoods must not be cut or pruned. The applicant must

first apply for a licence from the Department of Water Affairs and Forestry (Indigenous Forestry Management Section) before pruning or cutting any indigenous vegetation (including Milkwoods) located on site within the development footprint.

11. With regard to sewage the following conditions apply: 11.1 The final effluent form the sewage Package Treatment Plan must meet the General Limit Values (GLV’s)

as set in Section 2.7 of the Revised General Authorisation (March 2004) as stipulated by the Department of Water and Sanitation..

11.2 The artificial sewage effluent disposal wetland must be kept as far as possible from the primary dune

systems. 11.3 The treated final effluent from the sewage package plant must be regularly tested. Twice a week test

sampling shall be done during the first 6 (six) months subsequent to commissioning of the sewage package plant. Once it is proven that the sewage Package Plant can produce high quality effluent and complies with all health and discharge standards, then can the monitoring programme be adapted accordingly.

12. The applicant must comply with the recommendations of the Risk Assessment conducted by Durban Metrorail

dated May 2004. 13. With reference to the final Construction EMP (Environmental Management Plan) prepared by GAEA Projects

dated October 2004 the following conditions apply: 13.1 The Construction Environmental Management Plan (EMP) will be considered as an extension of the

Conditions of Authorization as set forth by Department of Agriculture and Environmental Affairs. Non-compliance with EMP will constitute non-compliance with the said conditions.

13.2 All mitigation measures stipulated therein must be adhered to. 13.3 The EMP must be amended to include the methods of monitoring effluent from the Sewage Treatment

Package Plant. 13.4 The EMP (Environmental Management Plan) must be made binding on all parties operating on the site. 13.5 Any future environmental issues that arise during the lifetime of the development must be incorporated into

an updated EMP (Environmental Management Plan), which must be forwarded to this Department for approval. 14. A programme must be drawn up for the management of the natural vegetation within the site. This programme

must also include methods to eradicate and manage alien invasive vegetation on site. 15. The conditions stipulated by the Department of Water Affairs and Forestry (now Department of Water and

Sanitation)in their letter dated 20 October 2004 must be adhered to. Special reference is made to points 2, 3 and 4.



16. The conditions laid down by Ezemvelo KZN Wildlife in their letters dated 2 June 2003 and 15 June 2004 must

be complied with. 17. An Operational Environmental Management Plan (EMP) must be prepared prior to any occupation on the site.

The Operational EMP must take into account, but should not be limited to, the following:

17.1 Ongoing management of the coastal environment; 17.2 Ongoing management of alien vegetation on site; 17.3 Controlling of access to the beach; 17.4 Management of noise levels; 17.5 Management of stormwater; 17.6 Methods to monitor of the quality of effluent form the sewerage package treatment plant.

18. No occupation shall commence prior to approval of the Operational Environmental Management Plan by

Department of Agriculture and Environmental Affairs and / or before the sewage treatment package plant has been realised.

19. An independent Environmental Control Officer (ECO) must be appointed at the developers cost to monitor

implementation of the Construction Environmental Management Plan. Audit reports must be submitted on a monthly basis to The Compliance Enforcement Monitoring Component Private Bag X006, Bishopsgate, 4008.

20. The implementation of the Operational Environmental Management Plan must be done similarly, with audit

reports submitted every three (3) months, or until such a period as may be determined in consultation between the developer and the Department of Agriculture and Environmental Affairs.

21 If neighbours consent is obtained, the Special Consent procedure for Home Business and Home Activity

may be waived.

22. The maximum number of Dwelling Units permitted is 18 on the site.




ERF NUMBER(S): KELSO TOWNSHIP ABRAMS CREST

Statement of Intent A Gated Estate Development


SPECIAL CONSENT

Creche Educational Building Outbuilding: Human Habitation Outbuilding: Non-human Habitation Place of Public Assembly Private Recreation Area Single family Dwelling

Bed and Breakfast Home Business Home Activity Second Dwelling Unit











Maximum Height See Additional Controls

Minimum Width Access Way See Additional Controls ADDITIONAL CONTROLS 1. Residential Erven 2 - 121, 123, 124, 126 - 128, 130 - 145 Kelso (or as amended)

1.1_ Controls as per Residential Only 3 zone shall apply. 2. Place of Worship / School Erf 125 Kelso

2.1 Controls as per Worship zone shall apply except that Education Building and Creche shall be permitted uses.

3. Public Open Space Erf 122 Kelso

3.1 This land is reserved as open space for the recreation use and enjoyment of the residents of the Abrams Crest Estate.

3.2 It shall remain in the ownership of and be maintained by the Home Owners Association unless otherwise negotiated with the local authority.

4. Water Reservoir Erf 129 Kelso

4.1 Controls as per Residential Only 3 Zone shall apply except that a Water Reservoir shall be a permitted use.

4.2 The water reservoir and header tanks shall be to Ugu District Municipality=s standards and

specifications. 5. Roads Erf 147 - 153 Kelso

5.1 All roads within the estate will be private roads and will be maintained by the Home Owners Association.

5.2 All roads will be constructed compliant with the Guide-lines for the provision of Engineering Services in Residential Townships (Red Book).

5.3 All road construction and maintenance costs shall be borne by the developer and / or Home Owners Association



6. Controls applicable to all erven

6.1 Refuse shall be collected by the Home Owners Association and stored at the designated Service Area.

6.2 Refuse is to be collected by the Municipality at the designated Service Area. 6.3 The sewage disposal system shall be provided in accordance with the Record of Decision of the

department of Agriculture and Environmental Affairs, the approval of Department of Water and Sanitation and Ugu District Municipality.

6.4 All owners of dwelling units within the estate shall become members of the Home Owners Association.

6.5 A copy of the Home Owners Association rules and regulations shall be submitted to the Municipality.

6.6 Development shall be substantially in accordance with layout plan 4819 / PTB / NL / F Rev 4 dated November 2005 prepared by Wall Marriott Paul and Borgan. Modifications may be considered by the Municipality.

6.7 Development shall be in accordance with the Record of Decision of the Department of Agriculture and Environmental affairs



4.19 SPECIAL ZONES PENNINGTON PORTION


ERF NUMBER(S): 1204 - 1237 Pennington

Statement of Intent A Gated Estate


SPECIAL CONSENT Single Family Dwelling (See also 1. below) Outbuilding: Human Habitation Outbuilding: Non-Human Habitation Private Recreation Area Recreational Building

Bed and Breakfast Home Activity Home Business






Building Line (m) External Internal

7.5 5.0

Rear Space (m) 2

Side Space (m) 2

Floor Area Ratio (FAR) 0.33 (See Additional Controls)

Coverage (%) 33 (See Additional Controls)

Maximum Height 2 (See Additional Controls)


Additional Controls 1. Limited to 1 Dwelling Unit per erf for erven 1204 – 1233. 2. Common Land shall constitute all internal roads, and erven 1236 – 1237. 3. If neighbour’s written consent is obtained the Special consent procedure may be waived for

Bed and Breakfast, Home Activity and Home Business. 4. Services to be provided to the satisfaction of the Municipality or the relevant service authority.

5. The floor Area Ratio and Coverage shall apply to individual erven.

6. With permission of the Home Owners Association which shall not be unreasonably withheld, and subject to the above paragraph, and with any environmental requirements which may be prescribed by the Municipality‘s Environmental Manager, a height of 2 storeys may be permitted.




ERF NUMBER(S): 1262 PENNINGTON

Statement of Intent Golf Course Estate


SPECIAL CONSENT

Agricultural Building Agricultural Land Boarding House Guest House Hotel Launderette Medium Density Housing Office Building (Ancillary to the Development) Outbuilding : Human Habitation Outbuilding : Non-Human Habitation Place of Public Amusement Place of Public Assembly Private Conservation Area Private Recreation Area Recreational Building Restaurant Shop (Ancillary to the Development)







Building Line (m) As per DOT/SANRAL requirements

Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 10

Maximum Height 2


Additional Controls 1. Limited to a maximum of 160 Dwelling Units on site. 2. Design shall be in accordance with Clause 7.6 of these Clauses. 3. Services to be provided to the satisfaction of the Municipality or the relevant service

authority. 4. No Subdivision permitted



ZONE: SPECIAL ZONE 7.3 (MEDIUM DENSITY RESIDENTIAL 3

ERF NUMBER(S): 191 Mount Albert No. 2074

Statement of Intent Residential Estate


SPECIAL CONSENT

Agricultural Building Agricultural Land Medium Density Housing Office Building (Ancillary to the Development) Outbuilding : Human Habitation Outbuilding : Non-Human Habitation Private Conservation Area Private Recreation Area Recreational Building

Bed and Breakfast Home Activity Home Business Restaurant Shop (Ancillary to the Development)



Minimum Erf Area (m2) No Subdivision Permitted




Rear Space (m) 4.5



Coverage (%) 5

Maximum Height 2


Additional Controls

1. Limited to a maximum of 30 Dwelling Units on site. 2. Side space of 18 m shall apply on the northern boundary. 3. Subject to environmental investigations and provision of a landscaping plan to the

satisfaction of the Municipality.. 4. Services to be provided to the satisfaction of the Municipality or the relevant service

authority.

5. No subdivision permitted.




ERF NUMBER(S): Remainder of Portion 147 (of 125) and 192 Mount Albert No. 2074 (Umdoni Retirement

Village)

Statement of Intent A Retirement Village limited to a specific development.


SPECIAL CONSENT

Boarding House Institution Medium Density Housing Office Building (Ancillary to the Development) Outbuilding : Human Habitation Outbuilding : Non-Human Habitation Private Conservation Area Private Recreation Area Recreational Building Shop (Ancillary to the Development) Single Family Dwelling

Agricultural Building Agricultural Land Bed and Breakfast Restaurant Place of Public Assembly



Minimum Erf Area (m2) Subdivision not permitted




Rear Space (m) 4.5

Side Space (m) 4.5


Coverage (%) 35

Maximum Height 2


Additional Controls 1. First phase limited to a maximum of 152 Dwelling Units on site. 2. Services and access to be provided and maintained to the satisfaction of the Local

Authority or the relevant service authority. 3. Office, Shop and Restaurant are each limited to a maximum floor area of 100 m2. 4. Second phase to be substantially in accordance with layout plan 03L10P03 dated April

2004 as amended, to meet the requirements of the Department of Agriculture and Environmental Affairs in its Record of Decision (ref no. EIA/4343) dated 29 April 2004, and subsequent Development and Environmental approval.

5. Minor amendments to the layout may be made based on engineering design principles

with the approval of the local authority. 6. Wetland and natural forest areas are to be conserved and the development managed in

terms of an Environmental Management Plan.



7. All life right owners shall automatically become members of the Hibiscus Retirement Villages Home Owners Association and ascribe to the rules and regulations of the organisation.

8. Parking to be provided as required in terms of Chapter 6





Statement of Intent Residential Estate with 9 Hole Golf Course


SPECIAL CONSENT

Distribution of uses as per Additional Controls Guest House Medium Density Housing Outbuilding: Human Habitation Outbuilding: Non human habitation Private Conservation Area Private Recreation Area Recreational Building Restaurant Single Family Dwelling Shop (Limited to the sale of sports equipment to residents)




Minimum Erf Area (m2) Sub Zone Controls Provided below

Minimum Erf Width (m) Frontage Sub Zone Controls Provided below

Depth to Frontage Ratio Sub Zone Controls Provided below

Building Line (m) Sub Zone Controls Provided below

Rear Space (m) Sub Zone Controls Provided below

Side Space (m) Sub Zone Controls Provided below

Floor Area Ratio (FAR) Sub Zone Controls Provided below

Coverage (%) Sub Zone Controls Provided below

Maximum Height 2

Minimum Width Access Way Sub Zone Controls Provided below

Additional Controls 1. Development shall be laid out substantially in accordance with plan no. 3L04P04 dated April 2004 prepared

by Plankonsult. 2. The layout may be amended, based on engineering design principles, with the approval of the Municipality. 3. Services and access to be provided and maintained to the satisfaction of the Municipality or the relevant

service authority. 4. Department of Agriculture and Environmental Affairs Record of Decision (Ref EIA/4173) dated 24 June 2004

is to be complied with, in all respects, or as duly amended. 5. A Home Owners Association shall be established. The maintenance of all common property is to be financed

from levies to be paid by homeowners.

6. The following controls shall apply to each of the 90 Erven designated Medium Density Residential 9: 6.1 Permitted uses shall be restricted to a Single Family Dwelling and ancillary outbuildings. 6.2 If neighbours and Home Owners Association written consent is obtained, Special Consent

procedures may be waived in terms of consideration of Special Consent uses. 6.3 Minimum Erf Area: 500m

2

Building Line: 3m Rear Space: 2m Side Space: Total 3m, Minimum 1m Floor Area Ratio: 0,6 Coverage: 50 % Minimum width access way: 4m



7. following controls shall apply to the two erven designated Medium Density Residential 10: 7.1 Permitted uses shall be restricted to Medium Density Housing with a maximum of 22 dwelling units

altogether and ancillary outbuildings. 7.2 If neighbours and Home Owners Association written consent is obtained, Special Consent

procedures may be waived in terms of consideration of Special Consent uses. 7.3 Minimum Erf Area: 2 000m

2

Building Line: 7,5m Rear Space: 4,5m Side Space: 4,5m Floor Area Ratio: 0,7 Coverage: 50 % Minimum width access way: 2m

3.4 Medium Density Housing controls are set out in Clause7.2 shall apply. 8. The following controls shall apply to the Special Zone

8.1 Permitted uses shall be restricted to: 1. Guest House 2. Restaurant 3. Private Recreation Area 4. Recreational Building 5. Shop (limited to the sale of sports equipment to residents)

8.2 Minimum Erf Area: 4000m2

Building Line: 7,5m Rear Space: 2m Side Space: Nil Floor Area Ratio: 0,7 (Based on net developable area) Coverage: 50 % (Based on net developable area) Minimum width access way: 2 storeys

4.3 Notwithstanding 7.5.3 above a Place of Public Assembly and a Place of Public Amusement may be considered by Special Consent.

9. Private Open Space Areas 9.1 No hard structures may be erected or created below the 1 : 50 year floodline other than the road and

bridge across the property. 9.2 A nine-hole golf course may be established above the 1 : 50 year floodline to the satisfaction of the

Municipality and the Department of Agriculture and Environmental Affairs.

10. Development and maintenance of the Estate shall be controlled in terms of an Environmental Management Plan.

11. No Buildings shall be permitted blow the 1 : 100 year floodline. 12. Parking to be provided as required in terms of Chapter 6.



ZONE: SPECIAL ZONE 7.6 (WORSHIP)

ERF NUMBER(S): PORTION 1 OF ERF 1201 PENNINGTON

Statement of Intent A Worship site with additional outreach facilities.


SPECIAL CONSENT

Place of Public Assembly (Church) Office Building (limited to the accommodation of those persons engaged in the primary pastoral or secondary educational activities) Shop (may not exceed 60m2) Creche (limited to the children of students in training) Educational Building (limited to the training of students in arts and crafts) Single Family Dwelling (one of, for occupation by the Centre Manager and family) Private Recreation Area (for church attendees and students)

Nil



Minimum Erf Area (m2) 13 673 (See also Additional Controls)




Rear Space (m) 4.5

Side Space (m) 4.5



Maximum Height 2


Additional Controls 1. Minimum erf area shall be 13 673m2 (including any road servitude required by the

Provincial Department of Transport) 2. Total Floor Area shall not exceed 1035m2 3. Total Coverage shall not exceed 1190m2 4. The products displayed and sold in the shop is limited to those made by students. 5. Accommodation for motor vehicles shall be proved in accordance with Chapter 6 of the

Scheme, to the satisfaction of the Municipality. 6. Subject to the provision of a sewage disposal system to the satisfaction of the

Municipality. 7. This zone and property shall gain access to MR102 subject to the conditions laid down

by, and to the satisfaction of the Provincial Department of Transport as set out in the letter dated 17 October 2005, reference T10/2/2/350/17 (Mr Ryan), or as subsequently modified.

8. Outbuilding (one or more which are incidental to the primary Church use or secondary Education use or to the construction and maintenance of these premises) is permitted.

9. Development shall be substantially in accordance with plan 3921/SK001.





Statement of Intent A Medium Impact Mixed Use Development that allows additional height to permit loft rooms.


SPECIAL CONSENT

Bed & Breakfast (above ground floor) Betting Depot Boarding House (above ground floor) Commercial Workshop Guest House (above ground floor) Hotel (above ground floor) Launderette Office Building Outbuilding: Non Human Habitation Parking Garage Public Office Residential Building (Above ground Floor) Restaurant Shop

Creche Educational Building Funeral Parlour Home Activity Home Business Institution Outbuilding: Human Habitation Place of Public Amusement Place of Public Assembly Private Recreation Area Recreational Building Service Industrial Building Service Station Warehouse (Wholesale and Storage)






Building Line (m) 5

Rear Space (m) 2

Side Space (m) 2


Coverage (%) 80

Maximum Height 3 (See also Additional Controls)


Additional Controls 1. Third storey restricted to lofts in roof. 2. If neighbours consent is obtained Special Consent may be waived for a Home Activity

and a Home Business. 3. Accommodation for Motor Vehicles as per Chapter 6. 4. All other aspects as per the Medium Impact Mixed Use Zone.




ERF NUMBER(S): MBABALA ESTATE

Statement of Intent A Residential Estate development that includes Private Conservation Areas.


SPECIAL CONSENT

Guest House Hotel Medium Density Housing Office (Restricted to running of the estate) Outbuilding: Human Habitation Outbuilding: Non-human Habitation Private Conservation Area Private Recreation Area Recreational Building Single Family Dwelling












Maximum Height 2


Additional Controls MAXIMUM PERMITTED

FAR: COVERAGE: HEIGHT ADDITIONAL CONTROLS

0.5 : 35 : 2 1. Single Residential Erven 1428 – 1497, 1510 – 1570: 1.1 The minimum erf size shall be 800m

2

1.2 The minimum erf width (frontage) shall be 12m. 1.3 The building line along all internal private roads shall be 5.0m.

Such building line is to be relaxed to 3.0m on Erven 1490 and 1502.

1.4 The side and rear spaces shall be 2.0m. 1.5 The minimum width of an access way shall be 4m. 1.6 The development footprint shall not exceed 60 % of the site

area. 1.7 No erf shall be subdivided. 1.8 No two or more erven shall be consolidated. 1.9 Only indigenous vegetation shall be allowed outside the

development footprint area and in such part of the erf located within the wetland or forest buffer.

1.10 No fences will be allowed along boundaries of erven. 1.11 A 10m building line shall apply to erven bordering on Main Road

3. 1.12 Permitted uses shall be Single Family Dwelling, Outbuilding:

Human Habitation and Outbuilding: Non Human Habitation. Bed



and Breakfast. Home Business and Home activity may be Granted by Special Consent.

0,3 : 30 : 2 2. Medium Density Residential Erven 1571 - 1576

2.1 The minimum erf size shall be 8000m2.

2.2 The building line along all internal private roads shall be 7,5m. 2.3 The side and rear spaces shall be 2.0m. 2.4 No erf shall be subdivided. 2.5 On-Site parking shall be provided in accordance with Chapter 6

of the Umdoni Urban Planning Scheme Clauses. 2.6 Permitted uses shall be Single Family Dwelling, Medium

Density Housing, Out-building: Non-human Habitation. Bed and Breakfast, Home Activity, Home Business, Out-building: Human Habitation may be granted by special consent.

2.7 The maximum development density shall be 10 units per hectare.

0,3 : 30 : 2 3. Hotel Erf 1577 3.1 The minimum erf size shall be 2ha. 3.2 The building line along all internal roads shall be 4,5m. 3.3 The side and rear spaces shall be 2,0. 3.4 On-site parking shall be provided in accordance with Chapter 6 of

the Umdoni Urban Planning Scheme Clauses. 3.5 Permitted uses shall include Bed and Breakfast, Single Family

Dwelling, Medium Density Housing, Guest House, Hotel, Out-building: Non-human habitation. Home Activity, Home Business and Out-Building: Human Habitation may be granted by special consent.

3.6 Should the property be developed for Medium Density Housing, the maximum development density shall be 10 units per hectare

. 0.5 : 35 : 2 4. Administration Erf 1427 and areas marked Service Area and

Sewage Plant 4.1 Erf 1427 is to be utilised for administrative purposes for the

estate. 4.2 The Service Area is to be utilised for the storage and collection

of refuse. 4.3 The Sewage Plant area is to contain the sewage plant

equipment. 4.4 The building lines applicable to Erf 1466 shall be 0m along the

internal road and 10m along Main Road 3. 4.5 The side and rear spaces applicable to Erf 1466 shall be 2m. 4.6 On-site parking shall be provided in accordance with Clause 6.3

(1) (iii), office uses of the Umdoni Urban Land Use Scheme Clauses.

4.7 Permitted use on Erf 1427 shall be Office Building.

0,15 : 15 : 2 5. Private Open Space Erven 1578 to 1579.

5.1 The minimum erf size shall be 1 800m2.

5.2 The building line along the internal private roads shall be 7,5m. 5.3 The side and rear spaces shall be 2,0m. 5.4 Parking shall be provided in accordance with Clause 6.3 (1) of

the Umdoni Urban Planning Scheme Clauses. 5.5 Permitted uses shall include Private Recreation Area,

Recreational Building and Outbuilding: Non Human Habitation. The following uses may be allowed by special consent: Creche, Home Activity, Home Business, Out-building: Human Habitation, Place of Public Amusement, Place of Public Assembly.



6. Private Conservation Zone Erven 1498 – 1502, 1580 to 1584 6.1 The controls specified for the Conservation Zone Umdoni

Urban Planning Scheme Clauses shall apply to this zone.

7. Roads Erven 1503 – 1504, 1585 - 1587 7.1 All roads within the estate will be private roads and will be

maintained by the Home Owners Association. 7.2 All roads will be constructed compliant with the Guide-lines for

the provision of Engineering Services in Residential Townships (Red Book).

7.3 All road construction and maintenance costs shall be borne by the developer and / or Home Owners Association.

8 Controls applicable to all erven 8.1 Refuse shall be collected by the Home Owners Association and

stored at the designated Service Area. 8.2 Refuse is to be collected by the Umdoni Municipality at the

designated Service Area. 8.3 The sewage disposal system shall be provided in accordance with

the Record of Decision of the department of Agriculture and Environmental Affairs, the approval of Department of Water Affairs and Forestry and Ugu District Municipality.

8.4 All owners of dwelling units within the estate shall become members of the Home Owners Association.




ERF NUMBER(S): Umdoni Point (Remainder of the Farm Aliceville No. 2147)

Statement of Intent A Residential Estate development that includes Private Conservation Areas.


SPECIAL CONSENT

Home Activity Institution (Erf A95) Office Building Outbuilding: Human Habitation Outbuilding: Non human habitation Private Conservation Area Private Recreation Area Recreational Building Single Family Dwelling

Bed and Breakfast Home Business

Place of Public Assembly

Second Dwelling Unit






Building Line (m) 5

Rear Space (m) 2

Side Space (m) 2


Coverage (%) 30

Maximum Height 2


Additional Controls Development shall be laid out substantially in accordance with Layout Plan No. 347 Subs dated January 2008. 1. The minimum Erf size in Sub A shall be 900m² 2. The minimum Erf size in Subs B C and D shall be 1100m² 3. The minimum Erf size in Sub E shall be 1500m² 4. The minimum Erf width (Frontage) shall be 18m 5. The depth to width (frontage) may not be less than 3:1 6. The building line along all internal private roads shall be 5m 7. The Side and Rear spaces shall be 2m 8. The minimum distance distance between buildings across lot boundaries shall be 9m 9. The minimum width of an access way shall be 4m 10. A Home Owners Association must be established



4.20 SPECIAL ZONE IFAFA LAGOON/CLUB MARINA TABLE

ZONE: SPECIAL ZONE 10.1 (RESORT 1 ZONE)

ERF NUMBER(S): Portions 1 and 2 of the Farm Greenwich No. 2073

Statement of Intent A Resort Development requiring special controls


SPECIAL CONSENT

Existing Caravan sites (to be phased out) Holiday Dwelling or Chalet Launderette (Ancillary to the development) Medium Density Housing Office Building (Ancillary to the development) Outbuilding: Human habitation (Ancillary to the development) Outbuilding: Non-human habitation (Ancillary to the development) Place of Public Assembly (Ancillary to the development) Private Conservation Area Private Recreation Area Recreational Building Restaurant (Ancillary to the development) Shop (Ancillary to the development) Workshops (Ancillary to the development)










Floor Area Ratio (FAR) .35 (Per Site)

Coverage (%) 35 (Per Site)

Maximum Height 2


Additional Controls 1. For Home Activity and Home Business Special Consent may be waived where adjoining

sites owners and the Directors / Home Owners Association have given written consent. 2. Development shall be restricted to a maximum of 225 dwelling units and approved ancillary

uses. 3. Development shall be in accordance with plans PTB 26235 (C and D) provided that a copy

of these plans and / or revised plans shall be submitted to the Municipality prior to any further development taking place. Such plans shall be prepared or endorsed by a surveyor and engineer.



4. No new development will be permitted within the 100 year floodline. However extensions to existing development will be permitted within the 100 year floodline provided that all structures are built on a plinth with a floor level height of at least 600mm above the 1 : 100 year floodline. The 100 year floodline shall be determined by an engineer and surveyed and pegged by a Registered Land Surveyor.

5. Services and access to be provided and maintained to the satisfaction of the Municipality or the relevant service authority.

6. Directors shall be elected to control development. Alternatively, if the ownership structure changes from shareblock, a Home Owners Association shall be established to control development and collect levies.

7. Parking to be provided, as required in terms of Chapter 6. 8. The requirements of Clause 3.3 shall be applicable in terms of environmentally significant

areas. 9. Plans for any new units or structural alteration or additions to existing buildings shall be

considered by the Directors and endorsed prior to being formally submitted to the Municipality.

10. No buildings or alterations shall be permitted within one metre of any road, and one metre from any site boundary. Applications for relaxations may be considered where special circumstances prevail. Affected adjoining site owners are to be consulted and the relaxation endorsed by the Directors.

11.Retaining walls may be erected on approval by the Directors, and submission of relevant plans and engineering drawings to the Municipality, where needed.

12.Grounds are to be maintained and landscaped. Environmentally significant areas are to be conserved wherever possible.



4.21 SPECIAL ZONES TABLES ELYSIUM PORTION

ZONE: SPECIAL ZONE 13.1 (RESORT 3 ZONE)

ERF NUMBER(S): Re/224&225 (Consolidated Erf 271) Elysium

Statement of Intent A Chalet Development with special controls.


SPECIAL CONSENT

Single Family Dwelling Holiday Dwelling or Chalet Outbuilding : Human Habitation Outbuilding : Non Human Habitation Private Recreation Area

Nil



Minimum Erf Area (m2)

Minimum Erf Width (m) Frontage

Depth to Frontage Ratio

Building Line (m)

Rear Space (m)

Side Space (m)

Floor Area Ratio (FAR)

Coverage (%)

Maximum Height 1

Minimum Width Access Way

Additional Controls 1.Limited to existing Single Family Dwelling; and a maximum of 13 Chalets together with

outbuildings on site. 2. Minimum Erf Size 10000m². Erven Re/224 & 225 Elysium are to be consolidated. 3. Development shall be substantially in accordance with site development plan LF/01 dated

15 April 2005. However, the owner must revise this site development plan in accordance with the information (including that relating to the paths and roads and vehicular movement on the site, and the relocation of the septic tanks) given to the Commission and the Local Authority at the site inspection and hearing held on 11 May 2006, and the applicant’s prior achievement of the Local Authority’s endorsement of that plan.

4. The owner shall achieve the Local Authority’s satisfaction that the buildings: (a) on the site do meet, or will be modified so as to meet; and (b) to be built on the property will meet, Its bye-laws and/or National Building Regulations.

5.No Chalet shall exceed 50m² in Floor Area and the maximum Floor Area and Coverage on the site may not exceed 1 400m².

6. Conditions imposed upon this development by KZN Wildlife and as set out in its letter dated 3 March 2005 shall be satisfied

7. The retention of the exemption dated 26 April 2005 (or its revision) in terms of the Environmental Management Plan (or its revision), given in terms of the National Environmental Conservation Act.




ERF NUMBER(S): Idwala Ridge Estate (Portion 8 (of 1) of the Farm Elysium No. 15582)

Statement of Intent A Residential Estate with Private Conservation Areas


SPECIAL CONSENT

Medium Density Housing Outbuilding: Human Habitation Outbuilding: Non human habitation Private Conservation Area Private Recreation Area Recreational Building Single Family Dwelling

Bed and Breakfast Boarding House Creche Educational Building Home Activity Home Business

Institution

Restaurant

Second Dwelling Unit











Maximum Height 2


Additional Controls MAXIMUM PERMITTED

FAR: COVERAGE: HEIGHT ADDITIONAL CONTROLS

0.33 : 33 : 2 1. (SZ) Residential Only 3 Erven 277 to 324 1.1 The minimum erf size shall be 1 000m

2

1.2 The minimum erf width (frontage) shall be 18m. 1.3 The building line along all internal private roads shall be 5.0m. 1.4 The side and rear spaces shall be 1.5m. 1.5 The minimum width of an access way shall be 4m. 1.6 No erf shall be subdivided. 1.7 No two or more erven shall be consolidated. 1.8 Apart from the perimeter (external) wall, no internal fencing will

be allowed between erven boundaries. 1.9 Erven 289-292, 294-305, 307,308 and 319-324 all require further

site specific geo-technical stability and engineering investigation prior to development.

1.10 Permitted uses shall be Single Family Dwelling, Outbuilding: Human Habitation and Outbuilding: Non Human Habitation, and Home Activity. Bed and Breakfast, Creche, Home Business, Institution, Private Recreation Area and a Second Dwelling Unit may be Granted by Special Consent. With Home Business and Bed& Breakfast, if the written consent of adjoining neighbours and the Home Owners Association (HOA) is obtained, the



Special Consent procedure may be waived.

0,3 : 35 : 2 2. (SZ)Local Residential 3 Erven 276, 325-328 2.1 The minimum erf size shall be 3000m

2.

2.2 The building line along all internal private roads shall be 5m. 2.3 The side and rear spaces shall be 2.5m. 2.4 On-Site parking shall be provided in accordance with Clause

11.4 of the Umdoni Urban Planning Scheme Clauses. 2.5 The maximum development density shall be 15 units per net

hectare. The requirements of Annexure G shall apply. 2.6 Erven 326 and 276 require further site specific geo-technical

stability and engineering investigation prior to development 2.7 Permitted uses shall be Single Family Dwelling, Medium Density

Housing, Out-building: Non-human Habitation. Bed and Breakfast, Boarding House, Home Activity, Home Business, Out-building: Human Habitation and Private Recreation Area may be granted by special consent. With Home activity, Home Business and Bed& Breakfast, if the written consent of adjoining neighbours and the Home Owners Association (HOA) is obtained, the Special Consent procedure may be waived.

FAR and Coverage determined by Environmental Assessment Height: 2 storeys

3. Private Conservation Zone Erven 340-343 3.1 The minimum erf size shall be 2 195m². 3.2 The building line shall be 7,5m. 3.3 The side and rear spaces shall be 2,0m. 3.4 On-site parking shall be provided in accordance with Clause 11.4

of the Umdoni Urban Planning Scheme Clauses. 3.5 Bed and Breakfast, Educational Building (Restricted to the

undertaking of education of a conservation nature), Private Recreation Area, Recreational Building, Restaurant, Out-building: Non-human habitation, Out-Building: Human Habitation and Single Family Dwelling may be granted by special consent.

4. Access Erven, Erven 331-339 4.1 All Access Erven within the Estate shall be maintained by the

HOA. 4.2 All roads within the Estate will be constructed compliant with the

Guidelines for the Provision of Engineering services in Residential Townships (Red Book).

4.3 All road construction and maintenance costs shall be borne by the developer and/or HOA

4.4 Erf 366 requires site specific geo-technical stability and engineering investigation prior to development

5. Refuse Disposal Erf 330. 5.1 Refuse to be collected by the HOA and taken to the designated

service area for further collection by the Local Authority

5.2 Access to the Refuse Disposal Site from Erf 338 shall be provided to the satisfaction of the Local Authority.

5.3 Only buldings and other works ancillary to the principal use are permitted.

6. Sewage Disposal Erf 329 6.1 The sewage disposal system shall be provided in accordance

with the Environmental Authorisation, the approval of DWAF, and Ugu District Municipality

6.1 Access to site from Erf338.

7. Controls applicable to all erven: 7.1 Development shall be subject to the provision of a sewage

disposal system, storm water, water supply, refuse removal and



other essential services to the satisfaction of the Local Authority 7.2 Development shall be substantially in accordance with the

proposals depicted on layout plan No. 20060726-idwalaRidge-TLP Revision 2, as duly amended in terms of further Development Facilitation Act application regarding Erf 276. After the approval of the Layout Plan, minor amendments may be permitted at the discretion of the Local Authority.

7.3 An Architectural theme shall apply to all new buildings. 7.4 A Home Owners’ Association (HOA) shall be formed and each

landowner shall belong to the HOA and abide by its rules. 7.5 Every Erf shall have a site development plan, landscaping plan

and a building plan prepared by the owner and approved by the Local Authority prior to construction or development on the Erf, provided that such plans have been recommended in writing for approval by the HOA prior to submission to the Local authority.

7.6 The entire site shall be controlled and managed in terms of landscaping and conservation protocol, which shall be to the satisfaction of the Local Authority.

7.7 A building restriction line of 15m shall apply along the western boundary of the Estate measured from the boundary of the National Road Reserve.



4.22 SPECIAL ZONES TABLES MTWALUME PORTION


ERF NUMBER(S): 389 Mtwalume (Ikwezi Estate)

Statement of Intent A Residential Estate with special controls.


SPECIAL CONSENT

Single Family Dwelling (1 per residential erf) Private Conservation Area Private Recreation Area Recreation Building

Creche Home Activity Home Business Second Dwelling Unit







Rear Space (m) 2.0

Side Space (m) 2.0

Floor Area Ratio (FAR) .30

Coverage (%) 30

Maximum Height 2


Additional Controls 1. Development shall be substantially in accordance with layout plan IE0-02LP 2. A sewage disposal system shall be provided and maintained to the satisfaction of the Ugu

District Municipality on the Erf indicated as Administration. 3. A water reservoir is to be constructed and maintained to the satisfaction of the Ugu District

municipality. 4. The Private Conservation Area shall be rehabilitated and maintained in accordance with an

Environmental Management plan that shall be drawn up in consultation with, and approved by the Department of Agriculture and Environmental Affairs and the Local Authority.

5. All owners of dwelling units within the estate shall become members of a Home Owners Association.

6. All roads within the estate will be private roads and constructed and maintained to the satisfaction of the Local Authority.

7. An effective stormwater disposal system shall be constructed and maintained to the satisfaction of the Local Authority.

8. A Private Recreation Area, and Recreation Building shall only be provided on the area indicated for Private Open Space/Community Services purposes.

9. All Private Open Space areas shall be landscaped and maintained to the satisfaction of the Local Authority.

10. Where neighbours and Home Owners Association written consent is obtained, the Special Consent procedure may be waived for Home Activity, Home Business and a Second Dwelling Unit



PART 3 : CLAUSES REGARDING GENERAL DEVELOPMENT

CHAPTER 5

SCHEME ADMINISTRATION AND APPLICATIONS FOR CONSENT AND

APPROVAL

5.1 PROHIBITION ON DEVELOPMENT/USE OF LAND AND/OR BUILDINGS AND

APPLICATION REQUIREMENTS

(1) The requirements and procedures relating to both the prohibition of certain development/use of land and/or buildings and to the application for development/use of land are detailed hereunder. In the case of proposed amendments to the Scheme (Rezoning) and in the case of Special Consent applications. (See definition 2.177), reference should be made to the operational guidelines for the processing of planning applications within the municipality.

(2) At any time after the Effective Date no person shall:

(i) erect a new building, or alter or add to an existing building or carry out

any other proposed work, or

(ii) develop or use any land, or use any building or structure for any purpose different from the purpose for which it was being developed or used on such date, or

(iii) use any building or structure erected after such date for a purpose or in a

manner different from the purpose for which it was erected:

until he or she has first applied in writing to the Municipality for authority to do so and the Municipality has granted its written authority thereto either with or without conditions;

(a) provided that any authority granted by the MUnicipality shall remain valid

for 18 months from the date of granting of such authority; and

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

UMDONI SCHEME CLAUSES PART 3: CLAUSES REGARING GENERAL DEVELOPMENT


(3) After the Date of Adoption no person shall erect or extend a building or

institute work which is not in conformity with the provisions of the Scheme relating to the erection and use of buildings and use of land.

(4) No person shall use or cause to be used any building or portion thereof for

any use other than that for which it has been lawfully erected unless such building has been altered for any proposed new use and any necessary special consent or authority of the Municipality has first been applied for and obtained.

(5) No land in any use zone may be used for the purpose of the deposit or

disposal of waste material or refuse, tipping, dumping, scrap yard, motor graveyard, used car lot, or any other similar purpose until the owner or his duly authorised representative has applied for and received the written approval of the Municipality.

(6) Ordinary applications under the Bylaws/Building Regulations shall be sufficient

notice for the purpose of administering the Scheme; provided that the Municipality may call upon persons making such applications to provide any additional information or plans it considers necessary. The Municipality may call upon any building owner who proposes to alter a building or to establish a new use, to provide a fresh building and contour survey of the property.

(7) Whenever the Municipality considers it necessary, a report prepared by a

registered Professional Engineer shall be provided, covering sewage and waste water disposal, drainage and/or flood line information. Furthermore the layout plan submitted for approval by the Municipality shall be endorsed by the engineer to the effect that the plan is a satisfactory interpretation of the contents of the report.

(8) For uses as specifically identified in the Tables for each zone the Municipality

may exempt an applicant from applying for Special Consent where it is satisfied that no interference with the amenity of the neighbourhood, existing, or as contemplated by this Scheme, will result; provided that the prior written consent of the registered owner of each adjoining property, and those properties directly across the street, and such other properties as the Municipality may direct, has first been obtained. Where any such written consent is not forthcoming, the applicant shall be required to apply for the Municipality’s Special Consent.

(9) In consideration of a Home Activity or Home Business or Tavern the Municipality shall assess the impact on the character of the surrounding residential area and impose whatever conditions it considers necessary to protect the amenity of the neighbourhood. If it is subsequently found that there is, in fact, an interference with the amenity of the neighbourhood the Municipality may call upon the occupant to make a Special Consent application, impose further conditions or call upon the applicant to cease the practice.



5.2 INSPECTION OF SCHEME

The Municipality shall allow any person to inspect the Scheme at any reasonable time. A register of all applications and decisions on the Scheme shall be kept and shall be available for inspection by any person at any reasonable time.

5.3 AMENDMENT TO THE SCHEME

(1) If the Municipality desires to rescind, alter or amend any of the provisions of the Scheme, it shall follow the procedure as set out in Chapter 2 and Schedule 1 of the Act (See the operational guidelines for the processing of planning applications within the municipality.).

(2) The owner of any land, or any person having a real right to any land within the Scheme Area may make application to rezone such land as set out in Section 10 and Schedule 1 of the Act (See the operational guidelines for the processing of planning applications within the municipality).

5.4 BUILDING PLAN APPROVAL

(1) For the purpose of securing the approval of the Municipality in terms of Clauses 5.1 (2), 5.6, 5.8, and 6.4 (2) the following documents shall be lodged with the Municipality;

(i) Drawings in quadruplicate showing the elevations facing any National or Provincial Highway, railway line, street, or access way, together with side and rear elevations; the drawings shall be to a scale not less than 1 in 100 or in the case of projects too large to be shown conveniently to this scale, a scale of 1 in 200 will be acceptable; fences, gates and boundary walls being deemed to form part of the elevation for the purpose of this clause.

(ii) One set of drawings coloured or presented in such a manner as will clearly indicate the finished appearance of the proposed building or alterations or additions, and, if so required, supplemented by plans and sections to indicate the true intent and meaning of the elevations.

(iii) A Block Plan to a scale not less than 1 in 500 indicating the siting of the buildings on the Erf, the position of any existing buildings on the adjoining Erfs, and servitudes, building lines and rights-of-way to which the Erf is subject.

(iv) A brief schedule in quadruplicate, specifying the general construction and finishes of the proposed building, alterations or additions on the Erf.

(v) Drawings must also indicate plumbing, sewage drainage, stormwater drainage and fire fighting provision, if required.

(vi) Building plans are required to indicate elevation levels of boundary pegs.



(vii) At plan submission stage, the Applicant shall submit an original form of Appointment of Professional Engineer / Competent Person accepting responsibility for the design of engineering works as required in terms of the National Building Regulations. Also, prior to being allowed to commence construction, the applicant shall lodge a set of the Engineer’s drawings and schedules indicating geotechnical, civil and structural design details and specifications.

(2) Before occupancy is allowed requirements as set by the Building Inspectors shall be met including stability certificates, completion certificates.

5.5 CONFLICT OF LAWS

(1) (i) Nothing in this Scheme shall be construed as enabling any person to erect or use any building or to develop or use any land which is in conflict with any condition of title imposed in terms of the Ordinance, Act or by the State under any other law.

(ii) The owner of any Erf which is subject to a condition of title, referred to in

sub-clause (i) above which is in conflict with any provision of this Scheme, may make application for the alteration, suspension or removal of such condition.

(iii) The Scheme provisions shall apply over and above the

Bylaws/Regulations where they are more onerous than the Bylaws/ Regulations or where the Scheme makes no provision, the Bylaws/Regulations shall apply.

(2) Any decision, order or authorization given by the Appeal Tribunal in terms of

Sections 121 and 124 the Act or Appeals Board in terms of Section 73 quat (5)(d) of the Ordinance, and as confirmed or altered on review by the MEC in terms of Section 73 sex of the Ordinance, shall be deemed to be a valid authority granted by the Municipality, in terms of Clause 5.3 and, as such, shall be construed as being in accordance with the duly adopted provisions of the Scheme.

5.6 SITING OF BUILDINGS AND ACCESS POINTS AND THE CONSERVATION OF

INDIGENOUS FLORA AND WATER COURSES

(i) No erf or subdivision shall be cleared of any vegetation without the authority of the Municipality. No indigenous vegetation shall be disturbed or removed from any Erf without the authority of the Municipality.

(ii) In considering any application for development, it shall be the duty of the

Municipality to ensure wherever it is considered appropriate, that adequate provision be made for the conservation of indigenous flora, the planting or replacement of trees and the protection of water-courses, by means of conditions qualifying the approval of such development. See also Chapter 3.



(iv) The siting of any buildings intended to be erected or the development or use of any land, shall be subject to the approval of the Municipality and persons intending to erect buildings or use land shall, before commencing, apply to the Municipality for approval of the siting, use or development and submit a site development plan accurately depicting the physical characteristics of the site including the location of all natural features, for example, water courses, including all vegetation, and existing and proposed buildings, structures and services, including building lines, side and rear spaces, rights-of-way and servitudes.

(iv) In respect of any application to develop an erf the Municipality may determine the position and number of vehicular or pedestrian points of access and may, if it deems fit, prohibit pedestrian or vehicular access across any boundary or boundaries and require that a suitable fence or wall be erected to prevent such access.

5.7 NON-CONFORMING EXISTING USE

Any Existing Building or Existing Use which is not in conformity with the scheme, but for which authority was obtained from the Municipality prior to the date of adoption, may be completed and continue to be used for the purpose for which it was designed, subject to compliance with any conditions which may have been imposed by the Municipality, and provided that:

(i) Any such non-conforming existing building or use of land may be increased on

the erf by an amount not greater than 12,5% of its total floor area or area as the case may be, at the date of adoption, provided that the completed building or use is in conformity with the other provisions of the Scheme, relating to the zone in which such building or use is situated.

(ii) Any alteration or addition or change of use which in the opinion of the Local

Authority alters the character of an existing building or use of land, shall automatically remove such building or land from the category of "Existing Building" or "Existing Use".

(iii) Where the non-conforming existing use of any building or land is discontinued for

a continuous period of 18 months or longer, such existing use right shall be deemed to have lapsed and the use shall not be recommenced.

5.8 EXTERNAL APPEARANCE OF BUILDINGS

(i) The character, design and external appearance of buildings, including the material used in their construction, alteration or extension, shall be subject to the approval of the Municipality, and no building may be erected without the approval of the Municipality.

(ii) In considering any application, the Municipality shall have regard to the character

of the locality in which it is proposed to erect such building and shall take into account whether or not the building will be injurious to the amenity of the locality by reason of its external appearance or the materials it is proposed to use or the siting of the proposed building in relation to the buildings on the adjoining Erven and where applicable to the Amenity Reserve.



(iii) Any person intending to alter, extend, rebuild or erect a building shall submit drawings to the Municipality as set out in Clause 5.4, with whatever other indications the Municipality may require, showing the external appearance of the proposed building together with a description of the materials to be used.

(iv) Within 42 days from the date of submission of the drawings and particulars, or

within such further time period to which the applicant agrees, the Municipality shall approve the application either unconditionally or subject to such conditions as it may consider fit, or it may refuse to grant the application on the grounds that the external appearance of such building is unacceptable.

(v) Any applicant aggrieved by any decision in terms of sub-clause (iv) hereof shall

have the right of appeal to the Appeals Tribunal.

5.9 ADVERTISEMENTS

No advertisements shall be displayed or billboards erected without the written authority of the Municipality. Any person proposing to erect any sign, advertisement or hoarding shall submit drawings, of any such sign or advertisement or hoarding to the Municipality for approval. No hoarding or advertisement shall be permitted which is likely to cause injury to the amenity of the neighbourhood. Name plates not exceeding 0,2 m² in extent are not considered to fall under this heading. This clause does not apply to casual advertisements for entertainments, property for sale, auctions to be held on the premises or meetings provided they are not, in the opinion of the Municiaplity, unduly ostentatious.

5.10 EXEMPTIONS

(i) No part of any Single Family Dwelling nor any additional freestanding building which may be erected for use in conjunction with such dwelling may be used as a separate dwelling unit unless such building or part thereof complies with Clause 2.167.

(ii) Nothing in this Scheme shall prohibit or restrict the use of place of public

assembly, educational building or an institution as a place of public amusement, provided that such use is restricted to not more than twenty days in each calendar year;

(iii) Nothing in this Scheme shall prohibit the owner of a Home Plant Nursery in a

residential zone from selling his plants by retail provided the special consent of the Municipality has been applied for and granted with or without conditions.

5.11 USE OF HOTELS FOR CERTAIN PURPOSES

(i) The Municipality may permit any one or more of the following shops or activities, viz:

Hairdressing salons; Bookshops or newsagents; Florists; Curio shops; Theatre Booking agents; Bank agents; Travel agents;



Vending machines; to be established:-

(a) in any hotel graded as a five-star, four-star or three-star hotel in terms of

the Tourism Act, or which, according to the nature of the accommodation and service provided therein, and its situation, is in the opinion of the Municipality, likely to be graded as such;

(b) by Special Consent in any hotel other than those referred to in sub-

paragraph (a) hereof;

provided that no external advertising of any shop or activity shall be permitted and access thereto shall be gained only from within the hotel.

(ii) The Municipality may, by Special Consent and when it is of the opinion that there will be no interference with the amenity of the neighbourhood, authorize, in terms of this scheme, the establishment of a bottle store in any licensed hotel premises.

5.12 ENTRY AND INSPECTION

12.7.1 The Municipality shall be entitled, through its duly authorised officers, to enter into and upon any premises within the area at any reasonable time for the purpose of carrying out any inspection necessary for the proper administration and enforcement of the provisions of the Scheme.

12.7.2 No person shall in any way hinder, obstruct or interfere with any duly

authorised officer of the Municipality in the execution of his duties and functions in terms of this Scheme, nor shall any person cause or allow any hindrance or obstruction to, or interference with, such officer.

5.13 SERVICE OF NOTICES

A notice required or authorised to be served to cover contravention or failure to comply with the Scheme, shall be served in terms of Section 158 of the Act

5.14 OFFENCES

Any person who:

(a) contravenes or fails to comply with any provision of this Scheme, or

(b) contravenes or fails to comply with any requirements set out in a notice issued

and served in terms of this Scheme, or (c) contravenes or fails to comply with any condition set out in terms of any

provision of this Scheme, or

(d) knowingly makes a false statement in connection with any provision of this Scheme,

shall be guilty of an offence.



CHAPTER 6

OFF-STREET PARKING AND LOADING STANDARDS

6.1 GENERAL PURPOSE

These regulations are intended to establish comprehensive standards to regulate the number, design and location of off-street parking and loading areas, so as to achieve the following:

6.1.1 To provide accessible, functional, attractive, secure, properly lit, and well-

maintained and screened off-street parking and loading facilities.

6.1.2 To reduce traffic congestion and hazards.

6.1.3 To protect neighbourhoods from vehicular noise and traffic generated by adjacent land uses.

6.1.4 To assure the manoeuvrability of emergency vehicles.

6.1.5 To provide an adequate number of appropriately designed parking and

loading facilities in proportion to the needs generated by varying types of land use and which parking and loading facilities are clearly compatible with adjacent properties and the neighbourhood.

6.1.6 In mixed use areas, client parking should be provided, be accessible and

maintained, to the satisfaction of the Municipality.

6.2 APPLICABILITY

Every use hereafter inaugurated, and every building hereafter erected or altered, shall have permanently maintained off-street parking areas pursuant to the following provisions. Moreover, every non-residential land use shall have permanently maintained off-street areas pursuant to the following provisions.

6.3 GENERAL REGULATIONS

6.3.1 No structure or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this Scheme.

6.3.2 In mixed use areas, client parking should be provided, be accessible and

maintained, to the satisfaction of the Municipality. Any alterations to the provision of client parking may not be undertaken unless specific authority has been obtained from the Municipality.

6.3.3 The word “use” shall mean both the type and intensity of the use, and

that a change in use shall be subject to all of the requirements of this Scheme.



6.3.4 When a structure is enlarged or increased, or when a change in use creates an increase in the required amount of parking, additional parking spaces shall be provided in accordance with the provisions of this Scheme. A parking study may be required to be prepared, to examine the proposed use in light of available off-street parking facilities in the Scheme area.

6.3.5 Requirements for uses not specifically listed herein shall be determined

by the Municipality based upon the requirements for comparable uses and upon the particular characteristics of the use.

6.3.6 Fractional vehicle parking space requirements shall be rounded up to the

next whole space.

6.3.7 Required guest parking in residential land use zones shall be designated as such and restricted to the use of guests.

6.3.8 All parking, including recreational vehicle parking in residential land use

zones shall occur on paved or hardened areas to the satisfaction of the Municipality.

6.3.9 Retirement village/senior citizen apartments’ parking requirements may

be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens including, but not limited to, medical offices, shopping areas, etc.

6.3.10 In the case of places of worship, parking requirements may be adjusted

on an individual basis, subject to a parking study.

6.3.11 The Municipality may in its discretion in respect of public or customer orientated land uses require the provision of specially demarcated bays for physically disabled persons.

6.4 SPECIFIC LOADING AND PARKING PROVISIONS

(1) Any person intending to erect, alter or extend a building or develop or use any Erf, shall provide loading and parking accommodation within the boundaries of the Erf and shall submit proposals therefore in accordance with the following requirements and to the satisfaction of the Municipality.

(i) For every Residential Building or Medium Density Housing Development

there shall be provided 1 covered parking space for each Dwelling Unit. In addition there shall be provided a suitable area for visitors’ parking at the rate of 1 car space for every 2 dwelling units, and a loading and unloading area with suitable access to the satisfaction of the Municipality. Provided that the additional car spaces are not placed on the Private Open Area. Where suitable motivation is provided, the covered parking requirement may be waived, at the discretion of the Municipality, provided that the coverage of buildings be such that the covered parking could be provided in the future and that a suitably surfaced parking area(s), with demarcated parking spaces be provided in lieu of the covered parking.



(ii) For every building intended for shopping use within the Core Mixed Use Zone 1, there shall be provided 1 car space off the street for each 50 m² or major portion thereof for the Net Leasable Floor Area. For every shop other than in the Core Mixed Use zone 1, one parking space is to be provided for every 25 m² or major portion thereof, of Net Leasable Floor Area.

(iii) For every building intended for office use there shall be provided 1 car

space for each 50m2 or major portion thereof of gross floor area plus a loading and unloading area. Provided that for every Office Building or portion of Office Building used or intended to be used for accommodation of Medical Practitioners, there shall be provided one space for every 25m² or major part thereof of gross floor area, plus loading and unloading area.

(iv) For every Hotel, Guest House or Boarding House there shall be provided

1 car space for every bedroom together with a suitable and convenient area wherein may be parked a minimum of an additional 5 cars, with the addition, where the Hotel is licensed to sell alcoholic beverages, of a further convenient area provided for parking accommodation for an additional number of 15 cars, together with a loading and unloading area with suitable access to the satisfaction of the Municipality.

(v) For every Bed and Breakfast facility there shall be provided 1 car space

for every bedroom.

(vi) For every Public Office there shall be provided a convenient area for parking accommodation for 15 cars.

(vii) For every building or portion of a building intended for use as a

Warehouse there shall be provided one car space for each 150 m² or major portion thereof of floor area and a loading and unloading area with suitable access to the satisfaction of the Municipality.

(viii) For every building or portion of a building intended for use as a hall

without fixed seats there shall be provided a car space off the street for every 25 m² or major portion thereof of floor area.

(ix) For every building intended for use as a theatre, cinema, assembly hall or

place of public worship, there shall be provided a car space for every 6 seats.

(x) For every building or portion of a building intended for use as a garage or

service station there shall be provided one suitably located car space for every 50 m² or major portion thereof of floor area plus a loading and unloading area for bulk tankers to the satisfaction of the Municipality.

(xi) For every industrial building there shall be provided on the Erf sufficient

accommodation for parked cars, calculated on the number of persons engaged in the business, including management, office staff and factory employees, as follows:



(a) Up to 25 persons employed:

1 car space for every 4 persons or part thereof.

(b) thereafter, for the next 25 persons:


(c) thereafter, for any further number of persons:


There shall be in all cases a minimum of 2 car spaces and, in addition to the foregoing, there shall be provided on the Erf to the satisfaction of the Municipality a further parking and turning space for every commercial vehicle used for the benefit of the industry and a loading and unloading area with suitable access.

Provided that:

(a) in respect of employees that utilise public transport the Municipality may relax the above requirements;

and

(b) the Municipality may at any time vary the foregoing requirements if the character or type of manufacturing or processing activity being conducted on the site is changed or altered to an extent which, in the opinion of the Municipality materially alters the number and type of vehicles attached to the site; provided that in no case shall such variation result in the number of car spaces provided exceeding a ratio of one car space per 150 m² of total floor area of the industrial buildings on the site.

(xii) (a) Car space or parking accommodation means a parking bay of

dimensions not less than 5,5 x 2,5 metres and shall be surfaced and clearly marked to the satisfaction of the Municipality.

(b) In addition to (a) above there shall be provided adequate

space for vehicular access and manoeuvring to the satisfaction of the Municipality.

(xiii) Where in any building the area set aside for the parking or garaging

of vehicles exceeds the minimum requirements by more than 50 percent, any such excess in area shall be taken into account when calculating the permitted floor area for that building.

(2) For any use or development not specified in paragraph (1) above, loading and

parking accommodation shall be provided to the satisfaction of the Municipality. The Municipality may call upon an applicant to provide a traffic engineers report to support the level of parking proposed.



(3) Except with the prior approval of the Municipality, no person shall bring onto any premises of a dwelling unit or cause or allow to be present thereon any public motor vehicle or trade vehicle, heavy or extra heavy vehicle for a period exceeding two hours, except for bona fide purposes of delivering or supplying goods or services to such premises. For the purposes of this clause, the expressions 'public motor vehicle', 'trade vehicle', 'heavy and extra heavy vehicle' shall have the meanings assigned thereto by the National Road Traffic Act (Act 93 of 1996) together with any schedule thereto, regulation made thereunder and amendment thereof.

(4) The Municipality may grant exemption from the provisions of Clause 6.4 (1)

with or without conditions in the Mixed Use Zones:

(a) provided that there are special circumstances relating to the proposal and the Municipality considers that the proposal will not prejudice the general purpose of the Scheme.

(b) If an application for exemption as described in paragraph (a) is made to

the Municipality for its authority, such application shall be deemed to be and be treated as an application for the Special Consent of the Municipality.

(c) When considering an application, for the reduction of the parking

requirement, the Municipality shall have regard to a report submitted by a traffic engineer with regard to the following:

(i) accessibility of the site by private or public transport;

(ii) availability of off-street parking in the vicinity of the site;

(iii) the number of staff members and customers related to the use

of the land or building on the site;

(iv) the socio-economic structure and density of the population which the development serves;

(v) the size and nature of the proposed development on the site

and the size of vehicles to be used in connection with the activity conducted on the site;

(vi) the likelihood of reduction in parking provision causing injury to

the amenity of the area in which it is or will be situated including, without prejudice to the generality of the foregoing, increased traffic and parking difficulties, and provided further that a payment, in lieu of the required parking, of a sum of money sufficient for the provision of such parking as a public parking facility shall be made. Where the Municipality has agreed to a payment of money in lieu of parking, the amount payable shall be calculated as the market value of an area of the site in question adequate to provide for the parking accommodation which would otherwise be required on the site plus the estimated cost of constructing the paved parking area at ground level. Provided that for the purpose of determining the area of land required, one car parking space shall be taken to be a gross area of 23 m². Such funds as are thus acquired



shall be solely for the acquisition of land for public parking and the development of parking areas.

(d) Any applicant or any objector who is aggrieved by the decision of the

Municipality in terms of these sub-clauses shall have the right of appeal to the Appeal Tribunal.

6.5 LOADING AND SERVICE AREAS

(1) On any land or in any building used for any purpose, other than Residential Only purposes, there shall be provided, where applicable, on the site a loading and unloading area with suitable access, to the satisfaction of the Municipality.

(2) Where required by the Municipality there shall be provided on any site, other

than on a Residential Only zoned property, an area with suitable access, for service, emergency or other vehicles which in the opinion of the Municipality may require access to the site or the building thereon.



PART 4 : TECHNICAL DESIGN REQUIREMENTS

CHAPTER 7

TECHNICAL DESIGN REQUIREMENTS

7.1 DESIGN AND LAYOUT OF CARAVAN PARKS

The written authority of the Municipality for the establishment of a Caravan Park shall only be given if the design and lay-out is in accordance with the standards laid down in the Code of Practice for Caravan Parks published by the South African Bureau of Standards, (Publication SANS 10091:2004 (ED.3.00) as amended).

7.2 APPLICATION PROCEDURE DESIGN AND LAYOUT OF MEDIUM DENSITY

HOUSING DEVELOPMENT

1. Any person wishing to develop a site for Medium Density Housing shall apply to the

Municipality for approval in principle, and attach to the application.

1.1 A site development plan (or plans) showing the following:

Building Lines, Side and Rear Spaces;

Position and width of proposed access roads;

Position of existing trees and indigenous vegetation, highlighting those that will be removed;

A potential Private Open Space area for each Dwelling Unit;

Position of Services;

Common Open Space Area(s) and recreation facilities;

A Table indicating the permitted floor area, coverage and height, floor area and coverage of existing buildings and the likely floor area, coverage and height of proposed Dwelling Units.

Proposed provision of parking for units and visitors

Contours

1.2 Concept Drawings showing the proposed design of units, and clearly indicting potential height.

1.3 An engineer’s report, to cover services and indicating that the proposed development can be implemented from an engineering point of view.

2. The approval in principle having been granted, the applicant shall subsequently submit to

the local authority for its approval:

(i) A layout plan or plans showing:

(a) the position, dimensions and materials to be used in the construction of all roads, drive-ways, parking areas, squares and pedestrian access ways, if any;

(b) the boundaries of all dwelling unit curtilages private open areas and common open spaces;



(c) the position, nature, extent and levels of all proposed and existing buildings on the site and adjoining sites;

(d) the proposed landscaping of the site;

(e) the proposed public open space;

(f) the position and nature of recreation facilities, if any;

(g) the position and extent of all utility areas;

(h) the position and extent of all essential services.

(ii) A set of sketch drawings prepared by an architect at a scale of 1 : 100 showing the plans, sections and elevation of each type of structure within the proposed development and particulars of the materials and colours to be used for the exterior wall finishes and roof or roofs ; together with both front and rear elevations of each typical group of dwelling units at a scale of 1 : 100 or 1 : 200;

(iii) A table indicating:

(a) the total area of the site;

(b) the total number of dwelling units;

(c) the total floor area;

(d) the total number of car parking spaces provided for visitors and for residents;

(e) the extent of the usable common land, the smallest private open area, the smallest dwelling unit curtilage and the smallest utility area;

(f) the areas of public open space and other public uses where applicable; and

(iv) Where such a site or portion of the site falls within an Environmental Sensitive area a plan at the same scale as the layout plan required under (I) showing the environmental considerations as set out in Clause 3.3.

(v) Any other documents which the Municipality may reasonably require.

3. (i) The following minimum areas per dwelling unit shall apply to a Medium Density

Housing site:

(a) Private Open Area - 30 m2 (b) Usable Common Open Space - 50 m2

In the environmentally sensitive areas or other identified environmentally sensitive area, the required amount of usable common open space and private open space may be reduced at the discretion of the Municipality in order to conserve as much natural vegetation as possible.

(ii) The minimum floor area of a garage or carport shall be 18 m2.



4. (i) The minimum width of a road carriageway within a Medium Density Housing site

shall be 3 metres where the carriageway is one-way and 5 metres where the carriageway is two-way.

(ii) Situated at the end of every cul-de-sac there shall be provided turning space to the satisfaction of the local authority.

5. Notwithstanding anything to the contrary contained in the clauses of this scheme the

individual dwelling unit curtilages, which in this event shall not be less than 200 m2 in extent, may be transferred in freehold or registered leasehold title. In the event of the different dwelling unit curtilages being so transferred, the local authority shall require that

(i) (a) the common property shall be owned exclusively by the freehold or registered leasehold owners of the dwelling units in co-ownership; and

(b) no co-owners shall be entitled to require the partition of the common land according to the proportion of his share.

(ii) A Home Owners Association shall be established to administer and maintain the common property, control the external appearance of buildings within the Medium Density Housing site and deal with any other matter pertaining to the Medium Density Housing site.

(iii) No dwelling unit curtilage within the Medium Density Housing site or within any portion of the site specified by the Municipality shall be transferred or separately registered before the whole Medium Density Housing site or the specified portion of the Medium Density Housing site within which the curtilage is situated has been developed to the satisfaction of the Municipality

7.3 GARAGES AND SERVICE STATIONS

(i) The layout of a Garage or Service Station including the siting of pumps, buildings and of vehicular access or egress, shall be to the satisfaction of the Municipality.

(ii) No Garage or Service Station shall have direct vehicular access to an existing or

proposed major traffic arterial.

(iii) The following prerequisites and conditions shall be observed whenever it is proposed to erect a new Garage or Service Station, or to extend an existing Garage or Service Station.

(a) No vehicular entrance to or exit from a Garage or Service Station shall be

within 150 metres of a freeway interchange, 60 metres from an intersection with a road which in the opinion of the Municipality is a major road or 20 metres from an intersection with any road.

(b) The frontage of a Garage or Service Station Erf shall not be less than 36

metres in length.

(c) Dwarf walls or other permanent structures satisfactory to the Municipality shall be erected on the street frontage of the site so as to confine the movement of vehicles into or out of the Garage or Service Station to authorised access points.

(d) No Garage or Service Station shall be established upon any erf unless, in

the opinion of the Municipality, it has adequate depth so as to enable all activities to be carried on clear of the street. Filler points for underground



tanks shall be so sited as to make it possible for tanker vehicles to stand wholly within the curtilage of the Erf when recharging the tanks and for such vehicles to enter and leave the Erf in a forward direction.

(e) Pump islands shall not be less than 5 metres from any boundary of the

erf and all traffic routes within the forecourt shall have a minimum width of 5 metres.

(f) A Garage or Service Station shall be so sited and designed that traffic

entering and leaving the Erf will not adversely affect movement of pedestrians or vehicles on any heavily trafficked public street or place.

(g) Parking accommodation for motor vehicles to be provided on the erf in

accordance with Clause 6.4.

The Municipality may relax any of the above conditions (a) - (g) in respect of any application for a garage which, in the opinion of the Municipality, is not a traffic generator in terms of Clause 7.4.

(iv) In granting its permission for the establishment of a Garage or Service Station,

the Local Authority shall take cognizance of the standards set out in Clause 7.4. (Planning Standards for Control of Traffic at Traffic Generating Sites).

7.4 POLICY FOR CONTROL OF TRAFFIC GENERATING SITES (1) The term "road" shall mean for the purpose of this policy, a way intended, prepared, or

used for foot-passengers, riders and vehicles to travel on, inclusive of the full extent of its width notwithstanding that only a portion thereof may be in actual use for traffic purposes, and shall include a street. It shall not include an alley, land or passage used solely by foot-passengers.

The terms "traffic generator" or "traffic-generating site" shall mean a site, business or activity whereon, or by reason whereof, a larger number of motor vehicles are required to leave or enter a public street or roadway, and shall include, but not be confined to, sites whereon petrol filling stations, parking garages, parking lots, churches, sports stadia, blocks of flats or shopping centres are established.

(2) No vehicular entrance to, or exit from, a traffic generator should be permitted in the

immediate vicinity of a road intersection, junction or interchange. In the case of an intersection or junction at grade, under rural conditions the distance from such entrance or exit to any intersection as defined in section 1 of the Road Traffic Ordinance No. 21 of 1966, measured parallel to the direction of travel along the road to which entrance or from which exit is afforded should not be less than 150 metres. Under urban conditions (as defined in the Advertising on Roads and Ribbon Development Act No. 21 of 1940) this distance may be reduced, in which case the desirable minimum should be 20 metres from an intersection with a minor street or 60 metres from an intersection with a major street. No such entrance or exit should be permitted within a distance of 150 metres from the limits of an interchange, which limits should be determined by the road authority. Any unavoidable reduction of these minimum distances should be regarded as justified only by exceptional circumstances, and as requiring safeguards such as the imposition and enforcement of special speed limits, acceleration and deceleration lanes or other traffic controls.



(3) Direct vehicular or pedestrian entrance to or exit from a traffic generator, from or to important Provincial main roads should not be permitted, nor should such entrance or exit be permitted from or to freeways, expressways or heavily-trafficked through arterial main roads in urban areas. Attention is drawn to the provisions of the Roads Ordinance No. 10 of 1968.

(4) No commercial premises with direct access to a flanking service road should be

permitted unless direct pedestrian access from the main carriageway to such service road has been rendered impracticable.

(5) No traffic generator should be permitted upon any site which, by reason of its proximity to

and situation in relation to schools, churches, cinemas, bus depots, railway stations, major recreation grounds, beaches or other similar places which generate heavy pedestrian movements at certain times, is likely to create conflict between the vehicular traffic and the pedestrian traffic.

(6) In considering applications for the establishment of petrol filling stations the need within

the area of such stations having regard to the location of other existing stations and the existing and/or contemplated development of the area should be taken into account. Any argument, based on the solo-site system, that all brands of petrol should be available within any particular area should not be taken into account.

(7) The following standards should be adopted in considering the establishment of traffic

generators:

(a) Where separate entrance and exit are provided they should be placed at or near either end of a frontage of not less than 36 metres. The site should be of sufficient depth for the whole activity to be carried on clear of the street, and should in no case be less than 15 metres in depth. It should be in such area and so laid out that a waiting area is provided near the entrance large enough to accommodate vehicles awaiting service so that these do not queue in the public road.

(b) The minimum sight distance along the road should be 120 metres. Sight distance

shall be measured from the entrance or exit as the case may be, height of eye being 1,37 metres, to an object 1,37 metres high.

(c) No traffic generator should be permitted with entrance from or exit to a street whose

gradient is steeper than 1 in 8, and no access ramp should be steeper than 1 in 10.

(d) Outside an urban area as defined in the Advertising on Roads and Ribbon Development Act No. 21 of 1940, buildings should be sited at least 36 metres from the nearest point of the road reserve of any main road.

(e) Pump islands in petrol filling stations should not be less than 5 metres from the

property boundary.

7.5 POLICY FOR ADMISSION OF RETAIL INTO INDUSTRIAL ZONES 1. Certain categories of retail outlets should be admitted to industrial zones by special

consent and the remaining categories only by rezoning.



2. The categories of retail outlets which should be admitted to industrial zones by special consent are as follows:

(a) Low order convenience goods and service shops catering for the immediate day-to-

day needs of people working within the industrial area concerned; provided that the total floor area of any shop or contiguous set of shops (including a set of shops separated by a road or pedestrian route) should in no case exceed 300 m2.

(b) Shops which are incompatible with the vast majority of the types of shops normally

found in commercial zones but which fit in well in industrial areas (e.g. builders' supplies dealers; firms dealing in wire, gates and fences; timber merchants; firms dealing in agricultural implements).

(c) Shops which deal largely with other firms normally located in industrial areas such

as service stations, specialist industrial concerns in the motor trade (like panel beaters and auto electrical specialists), builders and engineering firms (e.g. paint shops; firms dealing in engineering supplies; motor spares shops).

(d) Shops which -

(i) are situated on the same sites as the industrial activities concerned;

(ii) retail only products of the industrial concerns to which they relate or directly

associated products;

(iii) have floor areas not exceeding 10 per cent of the total floor area of all buildings on the site or 150 m2 whichever is the lesser;

provided that there shall be only one shop for each industrial undertaking on the site.

7.6 SPECIAL ZONE 7.2 DESIGN GUIDELINES

1. The Architectural Theme 1.1 The basis for the architectural theme will be the simple but dignified character of the old

family mansion which has now been converted into the members’ clubhouse. 1.2 Classification of the designs as Edwardian, Victorian, etc. should be avoided as the

abovementioned mansion clearly does not fit any such stereo-typed description. Rather, a uniform theme with subtle variations of features drawn from the mansion should be adopted.

1.3 The development should have a village-like appearance with a balance of single and

double storey units, designed to minimise the impact on the environment by keeping the lower units, wherever possible, below the canopy of large indigenous trees, and having the higher units judiciously positioned in order not to interfere with any trees.

1.4 Most units will be either totally free standing or designed in pairs providing, wherever

possible, approximately five metres of side space between units. 1.5 To embellish the style, the occasional bay window may be included and the use of

slightly varying arches will further enhance facades where necessary.



1.6 Roof designs may include a mixture of compatible styles such as hipped ends, half hips and gambrel roofs, broken appropriately on occasion by a chimney.

2. The Architectural Finishes 2.1 The windows throughout will be large than standard, and will therefore need to be

purpose made hardwood. All should be semi-small pane as per the mansion and some may be arched head.

2.2 The roof finishes will be various forms of slate or tile. 2.3 Walls will be plastered and painted, with slight variations of earth colours or may have

clay facebrick finishes. 2.4 All homes will have acceptable clay facebrick plinths.



PART 5 : MANAGEMENT OVERLAYS

CHAPTER 8

MANAGEMENT OVERLAYS

8.1 TABLE FOR RECORDING MANAGEMENT OVERLAYS

Management Overlays are used to further inform and regulate development. In the Urban context the most common would be a Municipal Open Space System (MOSS). Such plans need to be carefully prepared and cannot be mere desk top plans and are then formally adopted by the Municipality. These are not part of the Scheme but are to be listed in a Table in the Scheme or in an Annexure at the back of the Scheme and have to be taken into consideration when making decisions in respect of the Scheme, but can be independently amended.

The Operational Guidelines as included as an appendix to the Companion Document will need to be considered in this light, as well as the SEA/IEMP.

No. Management Overlay

Name

Function Drawin

g No.

Scale Date

1. Operational Guidelines

for processing of applications

N/A N/A

2. SEA/IEMP Environmental Overlay

8.2 TABLE FOR RECORDING SCHEME AMENDMENTS

A further requirement is the keeping of a record of Scheme Amendments as they are adopted. The first entry would be the adoption of this Scheme.

No. Amendment

Reference

Scheme Amendment Description Date of

Adoption

Effective

Date

1. Scheme Adoption