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george municipality: town planning policy on house shops

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other areas) Z<strong>on</strong>ing Schemes in terms of secti<strong>on</strong> 15 of the Land Use<br />

Planning Ordinance, 1985 (Ord. 15 of 1985). A temporary departure is<br />

allowed for a maximum period of five (5) years and approval can be extended<br />

for a further five (5) years.<br />

In terms of the Thembalethu Z<strong>on</strong>ing Scheme (which is not applicable to Z<strong>on</strong>e<br />

9) any residential z<strong>on</strong>ed property may accommodate business uses as a<br />

primary right subject to the following c<strong>on</strong>diti<strong>on</strong>s:<br />

the overall use of the property must remain residential in nature (at least<br />

60% of the property);<br />

the above use shall not cause a disturbance or nuisance to a neighbour;<br />

and<br />

the above use shall not have an adverse impact <strong>on</strong> the character of the<br />

immediate envir<strong>on</strong>ment.<br />

EXPLANATORY NOTE 3<br />

Although the Thembalethu Z<strong>on</strong>ing Scheme allows the operati<strong>on</strong> of a <strong>house</strong><br />

shop as a right, that right is limited to the z<strong>on</strong>ing restricti<strong>on</strong>s, including<br />

building lines (which determines where the structure may be positi<strong>on</strong>ed), size<br />

(the <strong>house</strong> shop cannot comprise more than 40% of the floor area of the<br />

structures <strong>on</strong> the property) and other criteria which is also documented in the<br />

<str<strong>on</strong>g>policy</str<strong>on</strong>g> (noise disturbances, appearance of the <strong>house</strong> shop structure,<br />

proximity to community facilities, etc).<br />

The above also does not exempt the owner of <strong>house</strong> shop from complying<br />

with any other law such as the Nati<strong>on</strong>al Building Regulati<strong>on</strong>s and Building<br />

Standards Act, 1977.<br />

The owner of <strong>house</strong> <strong>shops</strong> in Thembalethu will thus still have to apply in<br />

terms of Secti<strong>on</strong> 15 of the Land Use Planning Ordinance, 1985 and/or in<br />

terms of the Nati<strong>on</strong>al Building Regulati<strong>on</strong>s and Building Standards Act, 1977<br />

before they will be allowed to operate this shop.<br />

4. Draft Integrated Z<strong>on</strong>ing Scheme Regulati<strong>on</strong>s for George, 2011<br />

The draft integrated z<strong>on</strong>ing scheme describes the intent of Single Residential<br />

Z<strong>on</strong>es as follows –<br />

“The single residential z<strong>on</strong>es are designed to provide locati<strong>on</strong>s for singlefamily<br />

dwelling units in a variety of densities, and to preserve the amenity and<br />

character of residential areas. The general aim of these single residential<br />

z<strong>on</strong>es is to provide a comfortable, healthy, safe, and pleasant living<br />

envir<strong>on</strong>ment and to promote the stability of residential neighbourhoods by<br />

preserving neighbourhood character. However there are c<strong>on</strong>trolled<br />

opportunities for home employment and low intensity mixed use development<br />

that is compatible with residential use, subject to the Council’s c<strong>on</strong>sent”.<br />

The draft integrated z<strong>on</strong>ing scheme makes provisi<strong>on</strong> for a “<strong>house</strong> shop” as a<br />

c<strong>on</strong>sent use under Rural Z<strong>on</strong>e 2 and Single Residential Z<strong>on</strong>es 2 and 4.<br />

10

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