MINISTRY OF LANDS & HOUSING

DEPARTMENT OF TOWN AND REGIONAL PLANNING

DEVELOPMENT CONTROL CODE OF 2013

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TABLE OF CONTENTS
TABLE OF CONTENTS.........................................................................................
LIST OF TABLES.........................................................................................................V
LIST OF FIGURES....................................................................................................... V
1.0 PART I: PREAMBLE AND PRELIMINARIES..................................VI
A. BACKGROUND TO THE REVIEW PROCESS...............................................................1
B. UNDERLYING PRINCEPLES AND RATIONALE UNDERPINNING THE REVISED CODE......2
C. CODE STRUCTURE AND ORGANISATION.................................................................4
D. HOW TO USE THE CODE........................................................................................6
E. INTERPRETATIONS AND DEFINITIONS....................................................................7
1.1 GENERAL ADMINISTRATION............................................................21
1.1.1 SHORT TITLE......................................................................................................21
1.1.2 APPLICABILITY...................................................................................................21
1.1.3 EFFECTIVE DATE.................................................................................................21
1.1.4 PURPOSE - GENERAL..........................................................................................21
1.1.5 SEPARABILITY....................................................................................................23
1.1.6 TRANSITIONAL PROVISIONS................................................................................23
2.0 PART II: LAND USE ZONES – REGULATIONS AND
DEVELOPMENT STANDARDS.........................................................................25
2.1 ORGANIZATION OF LAND USE (REGULATORY) ZONES...........26
2.1.1 PURPOSE...........................................................................................................26
2.1.2 CATEGORIZATION OF LAND USE REGULATORY ZONES..........................................26
2.1.3 RULE OF DEVELOPMENT PLANS & OTHER POLICY GUIDES.....................................28
2.2 ESTABLISHMENT OF LAND USE ACTIVITIES..............................30
2.2.1 PURPOSE...........................................................................................................30
2.2.2 LAND USE ACTIVITY TITLES.................................................................................30
2.2.3 PRINCIPAL AND ANCILLARY USES........................................................................31
2.2.4 PRINCIPAL USES NOT SPECIFICALLY LISTED.........................................................31
2.2.5 DEVELOPMENTS WITHIN MULTIPLE PRINCIPAL USES............................................31
2.3 REQUIREMENTS APPLICABLE TO ALL LAND USE ZONES......62
2.3.1 APPLICABILITY...................................................................................................62
2.3.2 MINIMUM PLOT SIZE & SIZE REQUIREMENTS........................................................62
2.3.3 SETBACK REGULATIONS......................................................................................62
2.3.4 DIVISION OF PLOTS............................................................................................62
2.3.5 NUMBER OF BUILDINGS ON A ZONING PLOT.........................................................62
2.3.6 PERMITTED USES – GENERAL PROVISIONS...........................................................63
2.4 RESIDENTIAL LAND USE (REGULATORY) ZONES......................65
2.4.1 PURPOSE...........................................................................................................65
2.4.2 HOUSING TYPES.................................................................................................66
2.4.3 RESIDENTIAL LAND USE (REGULATORY) ZONES: PERMITTED USES........................69
2.4.4 RESIDENTIAL ZONES – DEVELOPMENT STANDARDS..............................................73
2.4.5 RESIDENTIAL ZONES – BUILDING SETBACKS & EXCEPTIONS..................................79
2.4.6 RESIDENTIAL ZONES – INFILL STANDARDS...........................................................81
2.4.7 RESIDENTIAL ZONES – BUILDING HEIGHTS...........................................................83

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2.4.8 RESIDENTIAL ZONES – BUILDING ORIENTATION....................................................86
2.4.9 RESIDENTIAL ZONES - VISUAL PRIVACY...............................................................88
2.4.10 RESIDENTIAL ZONES - PARKING & GARAGES PLACEMENT.....................................91
2.4.11 RESIDENTIAL ZONES – SPECIAL USE STANDARDS.................................................94
2.5 COMMERCIAL LAND USE (REGULATORY) ZONES..................109
2.5.1 PURPOSE.........................................................................................................109
2.5.2 PERMITTED LAND USES.....................................................................................111
2.5.3 ZONES’ STANDARDS FOR MIXING OF PERMITTED USES......................................118
2.5.4 DEVELOPMENT STANDARDS- UNDESIGNATED FRONTAGES.................................119
2.5.5 DEVELOPMENT STANDARDS- UNDESIGNATED FRONTAGE...................................121
2.5.6 ADDITIONS AND NEW BUILDINGS ON NONCONFORMING SITES...........................136
2.5.7 COMMERCIAL REGULATORY ZONES – COMMERCIAL BLOCK LAYOUT.....................138
2.5.8 COMMERCIAL ZONES – BUILDING AND STRUCTURE HEIGHT; [BONUS FOR MIXED-
USE] 139
2.5.9 COMMERCIAL LAND USE (REGULATORY) ZONES – PEDESTRIAN AMENITIES........140
2.5.10 COMMERCIAL LAND USE (REGULATORY) ZONES – SPECIAL USE STANDARDS........141
2.6 INDUSTRIAL LAND USE (REGULATORY) ZONES.....................................150
2.6.1 PURPOSE.........................................................................................................150
2.6.2 PERMITTED LAND USES.....................................................................................151
2.6.3 INDUSTRIAL LAND USE (REGULATORY) ZONES – MINIMUM PLOT SIZE..................159
2.6.4 INDUSTRIAL LAND USE (REGULATORY) ZONES – PLOT COVERAGE.......................159
2.6.5 INDUSTRIAL LAND USE (REGULATORY) ZONES – SETBACKS.................................159
2.6.6 INDUSTRIAL REGULATORY ZONES – INDUSTRIAL BUFFERING & SCREENING.........161
2.6.7 INDUSTRIAL LAND USE (REGULATORY) ZONES - PARKING REQUIREMENTS..........162
2.6.8 INDUSTRIAL LAND USE (REGULATORY) ZONES - ACCESS & MANEUVERING AREAS
163
2.6.9 INDUSTRIAL LAND USE (REGULATORY) ZONES - OUTDOOR MANUFACTURING......163
2.6.10 INDUSTRIAL LAND USE (REGULATORY )ZONES - STORAGE OF MATERIALS...........164
2.6.11 INDUSTRIAL LAND USE (REGULATORY) ZONES - WASTEWATER DISPOSAL...........164
2.6.12 INDUSTRIAL LAND USE (REGULATORY) L ZONES - ANCILLARY USES AND
STRUCTURES....................................................................................................165
2.6.13 INFORMATION REQUIRED FOR PROPOSALS FOR INDUSTRIAL DEVELOPMENT.......166
2.6.14 INDUSTRIAL LAND USE ZONES – SPECIAL USE STANDARDS.................................166
2.7 CIVIC & COMMUNITY LAND USE (REGULATORY) ZONES (CIV)..........172
2.7.1 PURPOSE.........................................................................................................172
2.7.2 PERMITTED LAND USES.....................................................................................172
2.7.3 DEVELOPMENT STANDARDS..............................................................................175
2.7.4 CIVIC & COMMUNITY REGULATORY ZONE – SPECIAL USE STANDARDS.................176
2.8 PARK & OPEN SPACE (REGULATORY) ZONES (OS)..............................184
2.8.1 PURPOSE.........................................................................................................184
2.8.2 PERMITTED LAND USES.....................................................................................184
2.8.3 DEVELOPMENT STANDARDS..............................................................................186
2.8.4 SPECIAL USE STANDARDS.................................................................................187
2.9 SPECIAL PURPOSE REGULATORY ZONES................................................191
2.9.1 PURPOSE.........................................................................................................191
2.9.2 ESTABLISHMENT OF SPECIAL PURPOSE REGULATORY ZONES.............................191

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2.9.3 APPROVAL OF USES AND DEVELOPMENT...........................................................193
2.9.4 DETAILED DEVELOPMENT PLAN REQUIRED.........................................................193
2.9.5 DEVELOPMENT SCHEDULE.................................................................................194
2.9.6 REVOCATION OF USE PERMIT............................................................................194
2.9.7 CULTURE AND HISTORIC CONSERVATION AREAS................................................195
2.9.8 HERITAGE AND HISTORIC AREAS CONSERVATION GUIDELINES............................195
2.9.9 DEVELOPMENT GUIDELINES: IN DECLARED CONSERVATION AREAS.....................197
2.9.10 REGENERATION GUIDELINES.............................................................................198
2.10 MIXED-USE (REGULATORY) ZONES (MXD)...........................................199
2.10.1 PURPOSE.........................................................................................................199
2.10.2 ZONE/PROJECT EVALUATION.............................................................................199
2.10.3 DEVELOPMENT STANDARDS..............................................................................199
2.10.4 PERMITTED USES..............................................................................................200
2.10.5 DEVELOPMENT PLAN........................................................................................202
2.10.6 DEFAULT SETBACKS AND HEIGHT LIMITATIONS..................................................203
2.10.7 DEVELOPMENT CHARACTERISTICS.....................................................................204
2.11 AGRICULTURAL LAND USE (REGULATORY) ZONES................................205
2.11.1 PURPOSE.........................................................................................................205
2.11.2 PERMITTED USES..............................................................................................206
2.11.3 DEVELOPMENT STANDARDS..............................................................................210
3.0 PART III: DESIGN STANDARDS AND REGULATIONS..............211
3.1 DESIGN STANDARDS ADMINISTRATION...................................................212
3.1.1 PURPOSE.........................................................................................................212
3.1.2 APPLICABILITY.................................................................................................212
3.2 ACCESS AND CIRCULATION............................................................213
3.2.1 PURPOSE.........................................................................................................213
3.2.2 VEHICULAR ACCESS AND CIRCULATION..............................................................213
3.2.3 PEDESTRIAN ACCESS AND CIRCULATION............................................................214
3.3 AESTHETICS ENHANCEMENT.........................................................216
3.3.1 PURPOSE.........................................................................................................216
3.3.2 LANDSCAPE CONSERVATION.............................................................................216
3.3.3 LANDSCAPING..................................................................................................217
3.3.4 LANDSCAPING, SCREENING AND BUFFER REQUIREMENTS...................................218
3.3.5 STREETSCAPE...................................................................................................221
3.3.6 STREET TREES..................................................................................................225
3.3.7 FENCES AND WALLS.........................................................................................226
3.4 PARKING AND LOADING...........................................................................229
3.4.1 PURPOSE.........................................................................................................229
3.4.2 APPLICABILITY.................................................................................................229
3.4.3 AUTOMOBILE PARKING STANDARDS..................................................................229
3.4.4 BICYCLE PARKING STANDARDS.........................................................................240
3.4.5 LOADING..........................................................................................................243
3.5 PUBLIC INFRASTRUCTURE FACILITIES....................................................247
3.5.1 PURPOSE.........................................................................................................247
3.5.2 APPLICABILITY.................................................................................................247

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3.5.3 APPROVAL OF SUBDIVISIONS AND SITE PLANS..................................................247
3.5.4 APPROVAL OF PLANNED UNIT DEVELOPMENTS (PUDS) AND LAND USE CHANGES
APPLICATIONS..................................................................................................248
3.5.5 CONDITIONAL APPROVAL..................................................................................248
3.5.6 DEVELOPER OPTION.........................................................................................248
3.5.7 CONCURRENCY DETERMINATION BY RESPONSIBLE LOCAL PLANNING AUTHORITY
248
3.5.8 EFFECT OF POSITIVE CONCURRENCY DETERMINATION........................................249
3.5.9 METHODOLOGY AND CRITERIA FOR DETERMINING AVAILABILITY AND ADEQUACY
OF PUBLIC INFRASTRUCTURE FACILITIES...........................................................249
3.5.10 CONFLICT & SEVERABILITY................................................................................251
3.5.11 GENERAL - LEVEL OF SERVICE STANDARDS........................................................251
3.6 LAYOUT AND DESIGN STANDARDS..........................................................261
3.6.1 PURPOSE.........................................................................................................261
3.6.2 GENERAL PROVISIONS......................................................................................261
3.6.3 DEVELOPMENT DESIGN PRINCIPLES...................................................................262
3.6.4 DESIGN STANDARDS.........................................................................................263
3.7 GENERAL SIGNS AND ADVERTISEMENT SIGNS......................................286
3.7.1 PURPOSE.........................................................................................................286
3.8 NOISE, EMMISSIONS, ODOURS AND DEBRIS...........................................288
3.8.1 PURPOSE.........................................................................................................288
3.8.2 NOISE..........…………………………………………………………………………………………………………
288
3.8.3 EMISSIONS.......................................................................................................289
3.8.4 ODOROUS MATERIALS......................................................................................289
3.8.5 DUST AND DEBRIS............................................................................................289
3.9 SAFETY......................................................................................................290
3.9.1 PURPOSE.........................................................................................................290
3.9.2 FIRE SAFETY (BUILDING FIRE SAFETY) REGULATIONS AND OTHER FIRE SAFETY
REQUIREMENTS................................................................................................290
3.9.3 FIRE SAFETY WORKS TO COMPLY WITH THE REGULATIONS UNDER THIS SECTION
290
3.9.4 USE OF FLAMMABLE MATERIALS.......................................................................290
3.9.5 FIRE SAFETY REQUIREMENTS FOR ALL EVENTS..................................................290
3.9.6 EXPLOSIVES AND TOXIC CHEMICAL MANUFACTURING AND STORAGE..................292
3.10 REFUSE STORAGE AND DISPOSAL............................................................292
3.10.1 PURPOSE.........................................................................................................292
3.10.2 RESPONSIBILITY FOR THE STORAGE, COLLECTION AND DISPOSAL OF
REFUSE/SOLID WASTE......................................................................................293
3.10.3 METHODS OF STORAGE OF REFUSE/SOLID WASTE..............................................293
3.10.4 REGULATIONS AND STANDARDS FOR LOCATING REFUSE DISPOSAL FACILITIES
AND LANDFILLS................................................................................................294
3.10.5 SOLID WASTE TRANSFER STATIONS...................................................................295
3.10.6 MANDATORY RECYCLING PROGRAMMES BY RESPONSIBLE LOCAL AUTHORITIES
296
3.11 NATURAL RESOURCES PROTECTION.......................................................297
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3.11.1 PURPOSE.........................................................................................................297
3.11.2 TREE PROTECTION............................................................................................298
3.11.3 OPEN USE AREAS/SPACES.................................................................................300
3.11.4 RIVERS AND STREAM BUFFERS..........................................................................301
3.11.5 FLOODPLAINS PROTECTION..............................................................................303
3.11.6 RESOURCES EXTRACTION..................................................................................306
4.0 PART IV: ADMINISTRATION OF LAND USE AND
DEVELOPMENTS..............................................................................................309
4.1.1 PURPOSE.........................................................................................................309
4.1.2 ADMINISTRATION PROCEDURES........................................................................309

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LIST OF TABLES
Table 2.1: Regulatory Zones Applicability as per Development Plan Designations
Table 2.2: Detailed Classification of Land Use Activities
Table 2.3: Housing Types
Table 2.4: Residential Regulatory Zones: Permitted Uses
Table 2.5 – Development Standards for Residential Regulatory Zones
Table 2.6 Commercial Land Use (Regulatory) Zones: Permitted Use Table
Table 2.7 – Development Standards for Undesignated Frontages
Table 2.8: Types of Designated Frontages & Their Description
Table 2.9: Pedestrian Frontage Building Form Standards
Table 2. 10: Urban Frontage Building Form Standards
Table 2.11: General Frontage Building Form Standards
Table 2.12: Commercial Frontage Building Form Standards
Table 2.13: Industrial Land Use (Regulatory) Zones: Permitted Use Table
Table 2.14: Permitted Land Uses In Civic & Community Land Use (Regulatory) Zones
Table 2.15: Civic & Community Land Use (Regulatory) Zone - Development Standards
Table 2.16: Park & Open Space Regulatory Zone: Permitted Use Table
Table 2.18: Types and Configuration of Open Spaces
Table 2.19: Percentage Allowance for Mixing of Uses
Table 2.20: Mixed Use Regulatory Zones: Permitted Uses
Table 2.21: Default Development Standard for Mixed Use Zones
Table 2.22: Agricultural Land Use (Regulatory) Zones: Permitted Uses
Table 3.3: Types of Public Art
Table 3.4: Off-Street Parking Requirements
Table 3.5: Paraplegic Parking Requirements
Table 3.6: Minimum Required Bicycle Parking Spaces
Table 3.7: On – Site loading/ Off Loading bay Requirements
Table 3.10: Stop intervals for public transport
Table 3.12: Maximum Noise Levels
Table 3.13: Required Minimum Buffer Widths

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PART I: PREAMBLE AND PRELIMINARIES

The following are titles/chapters are discussed under PART I:

A. BACKGROUN TO THE REVIEW PROCESS

B. UNDERLYING PRINCIPLES AND RATIONALE UNDERPINNING THE
REVISED CODE
C. CODE STRUCTURE AND ORGANISATION
D. HOW TO USE THE CODE
E. INTERPRETATIONS AND DEFINITIONS

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A. BACKGROUND TO THE REVIEW PROCESS

The review of the Development Control Code (DCC) of 1995 has become necessary given
the fact that it was prepared 13 years ago in 1995. Evidently, with the passage of time, most
of the conditions (physical, social, economic and environmental) under which it was prepared
have changed and new and more complex forms of developments, as well as new land uses
are emerging. The need for the review of the Development Control Code of 1995 is a
reflection of the development dynamics being experienced in the country. These dynamics
are the results of a number of factors which include the Socio – economic profile of the
population and the state of the economy all of which have improved, as well as physical
planning factors which are constantly changing. As noted, physical developments,
particularly in our urban centres are becoming more complex and it is therefore important
that the DCC be reviewed such that it is aligned with current development realities. It will be
out of place if the regulations and guidelines which are meant to facilitate orderly
developments do not evolve with the changing times.

A review of the DCC of 1995 has also become necessary if it is considered that the approach
to the control of developments is taking new directions in the contemporary planning system
that is emerging globally. A land use management approach which seeks to put mechanisms
in place which encourage and assure that the desired types of land developments do occur in
manners that satisfy the safety, liveability, health and general welfare criteria is now being
favoured by most planning authorities around the world. In this regard, it becomes important
that Botswana keeps abreast with such new directions through benchmarking, but of course
adapting these to fit and suit its peculiar physical, social, economic and cultural conditions
and circumstances.

The need for the review of the DCC of 1995 becomes more compelling when it is realised
that:

i) The current code does not offer enough flexibility in its application in terms of
allowing adequate discretions to Responsible Planning Authorities with regards to
the granting of waivers on standards and requirements, however insignificant they
are. For instance, applications for grant of waivers on set-backs have to be
referred to the Town and Country Planning Board (TCPB).

ii) New forms of developments and land uses not catered for by the 1995 code are
now emerging e.g. infrastructure developments such as Dams, Sanitary Landfills,
Airports, Gymnasiums, Cemeteries, Historic Sites, etc;

iii) The provisions of the 1995 code relate only to site specific developments (At the
individual plot level), leaving out developments generally at a wider spatial area,
e.g./neighbourhood level.

The general aims and objectives of the review exercise (DCC of 1995) are summarised as
follows:

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 i) To appraise the effectiveness of the current code in addressing and dealing with
the emerging complexities of new forms of developments and land uses, and in
the process determine which sections of the code will require revisions, and thus
plug gaps in the existing code and eliminate its weaknesses;

ii) To bring the revised code to the level that would secure its clear understanding,
user friendliness and flexible application;

iii) To make the DCC applicable to different levels of land use planning in Botswana
with particular reference to the National/ Regional Land Use Master Plans. This
will entail ensuring that provisions are made that will enable the control of
developments in rural areas as well Special Purpose zones and Agricultural Land
use zones, taking cognisance of their unique character and circumstances, while
at the same time ensuring that developments are carried out in a manner that
ensures safety, compatibility of land uses and a healthy environment;

iv) To revise the code in a way that would allow for flexibility in its application,
having regard to land use demands, development trends, local conditions, cultural
preferences, development constraints and resource availability.

From a broader perspective, the dominant goals of reviewing and revising the DCC of 1995
are to come up with a Development Control Code that is attuned to prevailing development
dynamics and the new directions to which land management is shifting generally worldwide;
to encourage efficient land utilization; to make the code all-inclusive by making provisions
that regulate a wider range of land uses and activities. Importantly also, it is a goal of the
review exercise to come up with a DCC that ensures that developments are carried out in a
manner that takes into account aesthetics and environmental concerns.

B. UNDERLYING PRINCEPLES AND RATIONALE UNDERPINNING THE

REVISED CODE

This Development Control Code is a set of planning regulations meant to control the use of
land and the activities that take place on it, which are mainly physical developments. The
control of how such developments on land is carried out and effected is one of the core
functions of Planning Authorities, as there can never be a laissez faire and uncontrolled
approach to developments in out cities and settlements. The need and desire to control
developments is borne out of a number of concerns, which include; health, safety,
environmental, social and aesthetics as well as efficiency concerns. The challenge is therefore
how to fashion out a Development Control Code that addresses all the above concerns
without compromising flexibility and discretion on the part of Planning Authorities, nor
limiting the ability of the Code to offer choices and not being overly prescriptive.

It should be noted that presently, the legal form of physical planning and development control
in the country falls under two categories as follows;
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 i) The preparation of development plans showing how land should be utilized and
how physical developments ought to be carried out, with the Town and Country
Planning Act (TCPA) of 1977 serving as the apex planning Legislation that
provides the legal backing;

ii) The day to day control of developments, with the Development Control Code as
the statutory basis.

It is further important to emphasize that the physical planning and development process in all
its ramifications has always been associated with some forms of legislations which give it
legitimacy. The enactment of most planning legislations and regulations are predicated on the
principle of the supremacy of the public interest, safety and welfare. The legitimacy of
planning regulations therefore derives from the principle of “Eminent Domain” or the power
of state to regulate on the safety, health and general welfare of the community. The revised
DCC is heavily hinged on this principle.

In terms of contents; elements for which regulations and standards are provided; as well as
the general formatting and presentation of the revised code, there is a marked departure from
the DCC OF 1995. These are informed by the following:

i) The emergence of new land uses and more complex forms of developments not
anticipated by the Development Control Code of 1995. With this comes the
introduction of new regulatory concepts and ideas, so as to align the revised Code
with current development realities in the country and current international best
practices which have been adopted and adapted to suit Botswana’s circumstances,
through benchmarking. These new ideas and concepts are explained through
notes and commentaries embedded in the document.

ii) Botswana is one of the very few countries with a single Development Code that is
applied in the whole country. As presently constituted, the Development Control
Code of 1995 is applicable in urban and rural settlements that are Declared
Planning Areas. It is legally enforceable in Planning Areas under the Town and
Country Planning (General Development Order), 1980 paragraph 7(2). The issue
with this arrangement is that the universality of application of one single code
across Declared Planning Areas of the country does not make it responsive to the
unique planning issues and challenges that should be addressed within the context
of particular areas, given their differing levels of developments, cultural
characteristics and differences in economic status. To address this issue, the
revised DCC has adopted a format whereby it provides a general guiding
regulatory framework for developments across the country, with more detailed
standards and regulations which can be easily applied in the more urbanised
centres of the country. Furthermore, the revised DCC recommends in the
Appendix (Area Specific Regulatory Tools For The Implementation of

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 Development Plans) that the it becomes mandatory for all settlement
Development Plans, as and when they are prepared, to have their own specific
regulatory standards for developments, in the form of land use zoning and land
use activity regulations that address the peculiarities of their jurisdictional areas,
based on the templates and regulatory framework provided by the revised
national Development Control Code. Such area specific land use zoning and land
use activity regulations shall be integral components of the development plans.
Where there are conflicts in the regulatory provisions of the DCC and those of the
development plans, those of the development plans shall prevail. With this
arrangement and format both urban centres and rural areas shall be catered for in
terms of control of developments.

C. CODE STRUCTURE AND ORGANISATION

This Development Control Code is presented in four major parts (Parts I – IV). Each Part
contains Chapters, with each Chapter further broken into sections (see Table of Contents).
The structure of the document is such that it follows a logical sequence, where for instance
Part 1 deals with issues and items of a general nature, such as general administration relating
to the purpose and applicability of the Code in general, as well as transitional provisions. In
addition Part 1 deals with preliminaries such as background to the Review Process and
underlying principles and rationale underpinning the revised code. It also presents
interpretations and definitions of selected terms. Part II deals with regulations and
development standards applicable to all land use zones, with each chapter therein providing
development standards and regulations for specific land use zone on such items as permitted
uses within each land use zone; setbacks, building heights and orientations, etc. Part III
focuses on providing regulations and design standards for facilities, amenities and other
elements which include public infrastructure facilities; parking and loading; advertisement
signs and subdivision design standards amongst others. Standards and regulations for each
facility, amenity or element are presented under separate chapters. Part IV is devoted to
providing guidance on the administration of Land Use and developments and covers such
issues as administration procedures; application procedures; various types of permits;
enforcement procedures; and penalties for violations of the provisions of the code. It is
important to note that each chapter begins by presenting the purpose of the regulations and
standards therein.

To further make the code user – friendly, efforts have been made to present the code in
simple English rather than in “Legalese” (legalistic language), thus making the code readable
and understandable. Graphics, illustrations and a tabular presentation format have been used
extensively as a means of further enhancing the understandability of the Code. However, to
maintain legal defensibility the text should be relied on more.

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Amongst the major highlights of the revised code are the following:

i) All – inclusiveness in terms of use categories and land use activities which have
been added and for which provisions for their regulations have been made. This is
in view of new and more complex forms of developments, as well as new land
use activities that are emerging in Botswana, particularly in urban centres;

ii) While allowing for the current levels of limited discretionary powers to
responsible local planning authorities, the provisions of the revised code allows
for total powers to responsible local planning authorities with regards to decisions
on planning applications and permits. This accords with the current thinking with
regards to the revision of the Town and Country Planning Act (TCPA) of 1997;

iii) Provision of a Matrix Table which indicates the principal uses within each use
zone and which ancillary uses that go with each principal use. Furthermore, the
revised code outlines permitted, conditional and prohibited uses within specific
zones. This, it is believed would make things easier for developers when filing
applications for planning permissions, in the sense that at a glance, they know
what the requirements are. In addition, the Matrix Table is meant to serve as a
template in the preparation of settlement Development Regulations, as part of
Settlement Development Plans. This of course should be modified/adapted to
satisfy and meet the development peculiarities of individual settlements;

iv) Sight has not been lost of other development related legislations and regulations,
such as the Building Control Code; Urban Development Standards (UDS) and the
Town and Country Planning Act (under revision). Key and relevant provisions of
these have been adopted and incorporated into the revised DCC as a means of
addressing to some extent the issue of multiplicity of development related pieces
of regulations and their harmonization.

v) Certain provisions of the 1995 DCC which are considered to be still valid and
relevant are still retained in the revised Code.

In order to align the revised code to international best practices, the provisions of the revised
code are to a considerable degree informed by benchmarking exercises carried out at the
Report of Survey stage. These included examining Development Control Codes of selected
cities, towns and Municipalities in the United Kingdom; South Africa; United State of
America; South America; and Australia. Most of the best practices that were identified were
adopted and of course adapted to suit Botswana’s peculiar circumstances and culture. A list
of the benchmarked codes includes:

a) City of Aberdeen Development Control Code

b) Pretoria Development Standards

c) City of Durban Development Code

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 d) The City of Edinburgh Unified Development Code

e) Memphis/Shelby County Unified Development Code

f) Land Use Ordinance of the City and County of Honolulu

g) Summerlin Development Standards (Las Vegas City Council)

h) Model Development Code & User’s Guide For Small Cities, 2 nd Edition (Oregon
Transportation and Growth Management Programme)

D. HOW TO USE THE CODE

This section is meant to increase the ease of use of the Code and consequently enhance its
user friendliness. It provides basic information to users on the basic organisation of the
regulations and gives responses to a number of questions/queries which might be frequently
asked or raised.

Such questions/queries and responses are set forth as follows:

Q. I WANT TO ESTABLISH A NEW USE IN AN EXISTING BUILDING

A. Find your zone on the adopted Land Use Zoning Map

A. Look at the Permitted Use Table to determine whether the intended use is permitted
within the zone, and importantly if the intended use is an ancillary use to the existing
principal use. (See chapter 2.2, Tables 2.2 and 2.3).

Q. I WANT TO CHANGE THE USE OF MY PLOT

A. Only the Responsible Local Planning Authority shall rezone property (see Part IV,
Administration of Land Use and Developments for details on procedure)

Q. I WANT TO SUBDIVIDE MY LAND

A. Land can only be subdivided in accordance with the provisions of chapter 3.6 and
provisions of the Town and Country Planning Act (TCPA)

Q. I HAVE A USE, BUILDING OR SIGN THAT IS NON CONFORMING:

A. Existing uses, buildings and signs that met the requirements when they were
established, but do not comply with the provisions of this Development Control Code are
considered nonconforming. (See Part IV, 7, Exceptions to Code Standards, for details).

Revised Development Control Code of 2013 Page 6

ALL ZONES ARE SUBJECT TO THE PROVISIONS OF:

Chapter 3.2 Access and Circulation

Chapter 3.3 Aesthetics Enhancement Regulations

Chapter 3.4 Parking and Loading

Chapter 3.7 Signs and Advertisement Regulations

Chapter 3.9 Safety Regulations

Chapter 3.10 Refuse Storage and Removal Regulations.

E. INTERPRETATIONS AND DEFINITIONS

WORD USAGE

For the purposes of this code, the following shall be observed and applied in terms of words
usages:

i) Words used in the present tense shall include the future tense;

ii) Words used in the singular include the plural, and the plural, the singular;

iii) The use of any gender shall be applicable to all genders;

iv) The word “shall” is mandatory;

v) The word “may” is permissive.

Definitions

Words not specifically defined in this code shall be interpreted in accordance with their usual
dictionary meaning and customary usage.

"Ancillary use" means a use which meets the following conditions:

i) Is a use which is conducted on the same plot as the principal use to which it is
related whether located within the same building or an ancillary building or
structure, or as an ancillary use of land;

Revised Development Control Code of 2013 Page 7

 ii) Is clearly incidental to and customarily found in connection with the principal
use; and

iii) Is operated and maintained substantially for the benefit or convenience of the
owners, occupants, employees, customers or visitors of the plot with the principal
use.

"Adjoin," "adjoining," and "adjoins" mean without an intervening street or permanent

open space over 8m in width.

"Adverse reflection" means a glare toward any oncoming traffic within a 45-degree cone of
vision to each side and a 30-degree cone of vision vertically which could create a traffic
hazard.

“Agribusiness activities” means ancillary uses conducted on the same site where
agricultural products are cultivated or raised.

"Agricultural Cluster" means an area accommodating joint facilities for farming activities,
including the clustering of homes within a larger site, by individuals, associations or
syndicates.”

Agricultural products” include floricultural, horticultural, viticultural, aquacultural,

forestry, nut, coffee, dairy, livestock, poultry, bee, animal, tree farm, animals raised by
grazing and pasturing, and any other farm, agronomic, or plantation products.

"All-weather surface” means a four base course with a two asphaltic concrete surface or a
four reinforced concrete pavement or any other similar materials as determined to be
acceptable by Roads Department. These materials should combine the load-bearing
characteristics, durability and level surface of asphalt and concrete.

“Amusement and Recreation Facilities, Indoor” means establishments providing indoor

amusement or recreation. Typical uses include: martial arts studios; billiard and pool halls;
electronic and coin-operated game rooms; health and fitness establishments; indoor tennis,
handball and racquetball courts; auditoriums, indoor archery and shooting ranges, and
gymnasiums and gymnastic schools.

“Amusement Facilities, Outdoor” means permanent facilities providing outdoor amusement

and entertainment. Typical uses include: theme and other types of amusement parks,
stadiums, and automobile race tracks, miniature golf courses and drive-in theaters.

“Amusement Facilities, Outdoor, Motorized” means outdoor amusement facilities utilizing

motorized vehicles or equipment and includes go-cart and automobile race tracks and theme
and other amusement parks utilizing motorized amusement rides.

"Animal products processing" means establishments primarily involved in the processing

of animal products for food and/or other uses, including the handling, storage and processing

Revised Development Control Code of 2013 Page 8

of meats, fish and chicken, skin, bone, fat and/or other animal byproducts suitable for sale or
trade. This term does not include slaughterhouses, canneries or milk processing plants.

"Antenna structure, freestanding" means a freestanding tower, pole, mast or similar

structure, exceeding O.5m in diameter or horizontal dimension, used as the supporting
structure for a transmitting antenna. For purposes of this definition, "freestanding" means not
attached to a building or similar structure.

"Arcade" means a contiguous area with access to a street designed to provide pedestrian
access to more than one abutting establishment.

"Area of refuge" means an area which is relatively safe from fire, whether in an adjoining
building or an adjoining part of the same building, and from which access can be made
through supplemental exits such as a balcony, a bridge, a tunnel, a staircase or such other
types of linkage and which allows a person using it to exit safely to the open at ground level;

"Attic" means a portion of a building wholly or partly in the roof, so designated, arranged or
built as to be used for business, storage or habitation.

"Automobile service station" means a retail establishment which primarily provides petrol,
diesel, oil, grease, batteries, tires or automobile accessories.

"Base yards" means the principal facility for establishments which provide their services
off-site, but where a site is needed for the consolidation and integration of various support
functions, and where the parking of company vehicles is a prominent if not principal activity.

"Basement" means a floor which is wholly below grade, or which is partly below grade such
that the floor above is no more than 1 metre above grade for at least 50 percent of the floor's
perimeter. Grade shall be either existing or finish grade, whichever is lower at all points.

"Bed and breakfast accommodation" means a use in which overnight accommodations are
provided to guests for compensation.

"Boarding facilities” means establishments with one kitchen which provide living
accommodations for roomers in addition to the resident manager or owner and family, with
or without meals, for remuneration or in exchange for services. The term does not include
group living facilities or monasteries and convents.

"Boundary wall" means a solid wall with or without openings, which is part of a building
and erected on the boundary line between adjacent plots.

"Building frontage" means that portion of the principal building of an establishment which
faces a street. If the principal buildings are arranged on the plot in such a manner as to face a

Revised Development Control Code of 2013 Page 9

parking area, then the area facing the parking area may be considered the building frontage.
Signs may be placed facing the street or the parking area in any combination, but shall not
exceed two signs.

"Building" means a structure with a roof which provides shelter for humans, animals or
property of any kind.

"Building area" means the total area of a plot covered by structures and covered open areas.

"Business signs" means signs which direct attention to a profession, business, commodity,
service, entertainment or activity conducted, sold, or offered on the premises where the sign
is located.

"Business services" means establishments which primarily provide goods and services to
other businesses, including but not limited to minor job printing, photocopying, binding and
photographic processing, office security, maintenance and custodial services, and office
equipment and machinery sales, rentals and repairing.

"Carport" means an accessory structure or portion of a principal structure consisting of a

roof and supporting members such as columns or beams, unenclosed from the ground to the
roof on at least two sides, and designed or used for the storage of motor vehicles.

"Catering establishments" means establishments primarily involved in the preparation and

transfer of finished food products for immediate consumption upon delivery to off-premises
destinations including, but not necessarily limited to, hotels, restaurants, airlines and social
events.

“Compartment wall” means a wall that is designed and constructed to a specific fire
resistance rating to prevent the spread of fire and smoke through it.

"Consulate" means the administrative offices of staff and consultant, an official appointed
by a foreign government representing the interests of citizens of the appointing country.

"Convenience store" means a small retail establishment intended to serve the daily or
frequent needs of surrounding population. Included are grocery stores, drug stores and variety
stores. Excluded are automobile service stations, repair establishments and drive-thru eating
and drinking establishments.

"Day-care facility" means an establishment providing care to children between the ages of
two and six years for less than 24 hours a day. The term includes day nurseries, preschools
and kindergartens.

Revised Development Control Code of 2013 Page 10

"Developer" means a landowner or any person with written authorization from the owner
who intends to improve or to construct improvements upon a plot or portion of a plot.

"Development" means the carrying out of building, engineering, mining or other operations
in on, over or under any land or making of any material change in the use of any buildings or
other land.

"Directly illuminated sign" means a sign with its light source as an integral part of the sign,
including interior lighting and backlighting.

"Directory sign" means a sign identifying the location of occupants of a building or group
of buildings which are divided into rooms or suites used as separate offices, studios or shops.

"Drive-thru facility" means any portion of a retail establishment which offers service to
patrons via a drive-thru counter or window so that patrons need not leave their vehicles for
service.

"Duplex unit" means a building containing one dwelling unit on a single zoning plot which
is to be attached on a side or rear property line with another dwelling. The dwellings shall be
structurally independent of each other and attached by means of a boundary wall. The
attachment of the wall shall not be less than 5 metres or 50 percent of the longer dwelling on
the property line, excluding carports or garages, whichever is the greater length. In lieu of
construction with a boundary wall, both dwellings shall be built up independently to the
property line.

“Dwelling, Detached” means a building containing one or two dwelling units, entirely
surrounded by yards or other separation from buildings on adjacent plots. Dwelling units in a
two-family detached dwelling may be either on separate floors or attached by a carport,
garage or other similar connection, or attached solid wall without openings which shall not be
less than 5 metres or 50 percent of the longer dwelling.

“Dwelling, Multifamily” means a building containing three or more dwelling units which is
not a hotel.

"Dwelling unit" means a room or rooms connected together, constituting an independent

housekeeping unit for a family and containing a single kitchen. Two or more essentially
separate structures, except for a token connection, such as a covered walkway do not
constitute a single dwelling unit.

"Family" mean one or more persons, all related by blood, adoption or marriage, occupying a
dwelling unit.

"Farm dwelling" means a dwelling located on and used in connection with a farm where
agricultural activity provides income to the family occupying the dwelling.

Revised Development Control Code of 2013 Page 11

"Financial institutions" means those establishments which provide a full range of
traditional banking services on the premises, such as savings and cheque accounts, loans,
safety deposits, fund transfers, trust functions and investments (e.g., certificates of deposit,
savings bonds, annuities). This term includes only banks, credit unions, and savings and loan
institutions. This term does not include those establishments, such as loan processing
companies, accounting firms and other bookkeeping services, investment brokers, insurance
offices, and title transfer companies, which are principally involved in providing a limited
range of financial services or products on the premises.

"Flashing sign" means a sign designed to attract attention by the inclusion of a flashing,
changing, revolving or flickering light source or a change of light intensity.

"Fireman access panel" means an opening in the external wall of a building to enable
firemen to gain access into the building during fire fighting operations;

"Fire certificate" means a certificate issued by Fire Department under the provisions of the
Fire Act;

"Fire Command Centre" means a room within any premises which is specifically
designated for the purpose of command and control of operations in the event of fire or other
emergencies and fitted with the necessary equipment;

"Fire damper" means a device installed in an air distribution system which is designed to
close automatically to restrict the passage of fire and heat;

"Fire emergency plan" , in relation to a building, means a plan which contains information
on the types of fire safety measures that are provided for in a building and includes the floor
layout plans and evacuation procedures for the building;

"Fire engine access" means a route which is designed for the passage and positioning of fire
engines in fire fighting operations;

"Fire extinguishing system" means a system designed for extinguishing a fire;

"Fire lift" means a lift which is adequately protected from fire and which is meant for the
exclusive use of firemen in an emergency without interference from the landing call points;

"Fire lift lobby" means a protected and ventilated lobby into which a fire lift opens and from
which direct access to a protected staircase can be made for the purpose of fire fighting;

"Fire resistance rating" means the minimum period of time during which an element of
structure or building element may be expected to function satisfactorily while subject to a
recognized standard fire test;

"Floodplain" means any land area susceptible to being inundated by flood waters.

Revised Development Control Code of 2013 Page 12

"Flood proof" means any combination of structural and/or nonstructural additions, changes
or adjustments to structures and/or properties which reduce flood damage.

"Floor area" means the area of all floors of a structure excluding unroofed areas, measured
from the exterior faces of the exterior walls or from the center line of party walls dividing a
structure. The floor area of a structure, or portion thereof, which is not enclosed by exterior
walls, shall be the area under the covering, roof or floor above which is supported by posts,
columns, partial walls, or similar structural members which define the wall line.

"Floor area ratio" means the ratio of floor area to total area of the plot expressed as a
percent or decimal. Where rounding of numbers is necessary to determine floor area ratio, the
nearest one-hundredth shall be used. Multiplying the permissible floor area ratio by the plot
area of the plot determines the maximum floor area permitted.

"Grading" means any excavation or cut or fill or combination thereof.

"Group living facilities" means facilities which are used to provide living accommodations
and, in some cases, care services.

Included are monasteries and convents and dwelling units which are used to provide living
accommodations and care services under a residential setting to individuals who are
handicapped, aged, disabled or undergoing rehabilitation. These are typically identified as
group homes, halfway houses, and homes for children, the elderly, battered children and
adults, recovery homes, independent group living facilities, hospices and other similar
facilities.

Group living facilities include those with accommodations for more than five resident
individuals, except those meeting the definition of family. Resident managers or supervisors
shall not be included in this resident count.

"Guest house" means a lodging unit for nonpaying guests or household employees not to
exceed 70m2 of floor area.

“Height envelope” means the three-dimensional space within which a structure is permitted
to be built on a plot and which is defined by the buildable area boundary lines, maximum
height regulations and any applicable height setbacks.

"Historic site or structure" means any site or structure which has been placed on either the
national register of historic places, or which is specifically listed as a site or structure of
significance in a special purpose zone under chapter 2.9 of this code.

"Hospital" means an institution primarily for in-patient, intensive, medical or surgical care.
It may also include facilities for extended care, intermediate care and/or out-patient care,
Revised Development Control Code of 2013 Page 13
medical offices, living facilities for staff, research and educational facilities, and related
services and activities for operation of these facilities.

"Hotel" means a building or group of buildings containing lodging and/or dwelling units in
which 50 percent or more of the units are lodging units. A hotel includes a lobby, clerk's desk
or counter with 24-hour clerk service and facilities for registration and keeping of records
relating to hotel guests.

"Identification signs" means signs which depict the name or address of a building, project
or establishment on the premises where the sign is located as a means of identifying the
building, project or establishment.

"Illuminated signs" means signs which are designed to give forth artificial light from an
artificial source. Such signs may be directly or indirectly illuminated and shall include
interior lighted signs.

"Indirectly illuminated signs" means signs illuminated with a light directed primarily
toward such sign and so shielded that no direct rays from the light are visible elsewhere than
on the plot where the illumination occurs.

“Kennel, Commercial” means any structures used to care for, breed, house or keep dogs,
cats or other domesticated animals for commercial purposes. Included as kennels are animal
pounds or shelters.

"Kitchen" means a kitchen facility for a housekeeping unit that exists when there is, on the
premises of the housekeeping unit, an item from all three of the following categories:

i) Fixtures, appliances or devices for heating or cooking food;

ii) Fixtures, appliances or devices for washing utensils used for dining and food
preparation and/or for washing and preparing food;

iii) Fixtures, appliances or devices for refrigeration of food.

“Live-Work House” An attached or detached building with residential uses, commercial

uses, or a combination of the two within individually occupied live-work units, all of which
may occupy any story of the building

"Lowest floor" means the lowest floor of an enclosed area including basements of a
building. An enclosure, usable solely for parking vehicles, building access or storage area is
not considered a building's lowest floor.

Revised Development Control Code of 2013 Page 14

M

"Manufacturing, processing and packaging, light and general" means establishments

primarily involved in the manufacture, processing, assembly, fabrication, refinement,
alteration and/or packaging by hand or by machinery, from raw materials, component parts
and/or other products, of finished goods, merchandise and/or other end products suitable for
sale or trade.

"Marquee" means a canopy or covered structure projecting from and supported by a

building.

"Marquee fascia signs" means signs attached to or painted on the face of a marquee and not
projecting above or beneath the marquee face.

"Means of escape" means a continuous and unobstructed way of exit from any point in a
building or structure to a safe and open area at ground level;

"Medical clinic" means an office building or group of offices for persons engaged in the
practice of a medical or dental profession or occupation. A medical clinic does not have beds
for overnight care of patients but can involve the treatment of outpatients. A "medical
profession or occupation" is any activity involving the diagnosis, cure, treatment, mitigation
or prevention of disease or which affects any bodily function or structure.

"Meeting facilities" means permanent facilities for recreational, social or multipurpose use.
These may be for organizations operating on a membership basis for the promotion of
members' mutual interests or may be primarily intended for community purposes. Typical
uses include private clubs, union halls, community centers, religious facilities such as
churches, temples and synagogues and student centers.

"Monasteries" or "convents” means facilities which provide dwelling or lodging units to

clergy members or those who have taken religious vows, which are owned or operated by a
religious organization.

"Moving signs" means signs designed to attract attention by physical movement of all or
parts of the sign, including rotation, motion or the perception of motion.

"Non-conforming dwelling unit" means any combination of legally established one-family

or two-family detached dwellings that exceed the permitted maximum number allowed on a
single plot.

"Non-conforming parking" means parking spaces and parking areas which do not conform
to parking standards, including number,

Revised Development Control Code of 2013 Page 15

"Non-conforming plot" means a plot which was previously lawful but which does not
comply with the applicable plot requirements of the zone in which it is located e.g.
dimensions and arrangement of spaces; surface treatment; and landscaping and screening.

"Non-conforming structure" means a structure which does not comply with the sign,
density, setback or height regulations of the zone, or design requirements of the zone in
which it is located.

"Non-conforming use" means any use of a structure or a plot which was previously lawful
but which does not conform to the applicable use regulations of the zone in which it is
located.

"Non-illuminated signs" means signs which do not give forth artificial light from an
artificial source.

“Occupant load” means the total number of persons that may occupy a building or part
thereof at any time.

“Open land” means land which may be improved, but which contains no structures, and
which is set aside, designated or reserved for public or private recreational use or enjoyment,
including but not limited to picnic grounds, areas for hiking, fishing, hunting, and other
scenic interests.

"Open space" means any zone designated area essentially free of structures that serves the
purpose of visual relief and buffering from building and structural mass. These areas may be
privately or publicly owned, and may or may not be accessible to the general public. Open
space includes but is not limited to parks, playgrounds, playfields, plazas, botanical gardens,
fountains, reflecting pools and other bodies of water, walkways and non buildable easements.
Simple structures which contribute to the enjoyment of the area may be permitted, including
stages for performances, street furniture, sculpture, umbrellas, and other similar features.

"Parking lot" means an open area of land other than a street used or intended to be used to
provide space for the parking of motor vehicles for private purposes or is available to the
public. It shall include parking spaces, loading spaces, maneuvering aisles and other areas
providing access to parking or loading spaces but does not mean an area providing four or
less spaces ancillary to dwelling units.

"Personal services" means establishments which offer specialized goods and services
purchased frequently by the consumer. They include barbershops, beauty shops, garment
repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair and other similar
establishments.

Revised Development Control Code of 2013 Page 16

"Plot area" means the total area within the plot boundaries but exclusive of right-of-way for
in or out in favor of others, and easements for open drainage systems.

"Plot depth" means the average horizontal distance between the front and rear plot
boundaries. In the case of plots with more than one front yard, either one of the plot
dimensions may be used to calculate plot depth.

"Plot width" means the average horizontal distance between side plot boundaries measured
at right angles to plot depth. In the case of plots with more than one front yard, either one of
the plot dimensions may be used to calculate plot width.

"Public signs" means signs of a public or noncommercial nature, which shall include public
transit service signs, utility information signs, safety signs, danger signs, trespassing signs,
signs indicating scenic or historical points of interest and all signs erected by a Government
agency in the performance of a public duty.

"Public uses and structures" means uses conducted by or structures owned or managed by
central government or local government to fulfill a governmental function, activity or service
for public benefit and in accordance with public policy. Excluded are uses which are not
purely a function, activity or service of government and structures leased by government to
private entrepreneurs or to nonprofit organizations. Typical public uses and structures
include: libraries, base yards, city halls, public schools and post offices.

"Real estate office" means an establishment involved in real estate transactions that include
but are not limited to the following:

i) Selling, buying or negotiating the purchase, sale or exchange of real estate; or

ii) Listing, soliciting for prospective purchasers, leasing, renting or managing any
real estate, or the improvements thereon, for others.

Recreation Facilities - Outdoor. "Outdoor recreation facilities" means permanent

facilities for active outdoor sports and recreation, other than golf courses. Typical uses
include: parks, playgrounds, botanical gardens, golf driving ranges, tennis courts, and
recreational camps.

"Reflective surfaces" means any glass or other specular surface such as polished metal,
specified in manufacturer's literature, having reflectance (designated by such terminology as
average daylight reflectance, visible light reflectance, visible outdoor reflectance and
comparable terms) of over 30 percent.

"Repair establishments, minor and major" means establishments which primarily provide
restoration, reconstruction and general mending and repair services. "Minor repair
establishment" uses include those repair activities which have little or no impact on

Revised Development Control Code of 2013 Page 17

surrounding land uses and can be compatibly located with other businesses. "Major repair
establishment" uses include those repair activities which are likely to have some impact on
the environment and adjacent land uses by virtue of their appearance, noise, size, traffic
generation or operational characteristics.

"Resource extraction" means the mining of minerals, including the exploration for, and the
removal and processing of natural accumulations of sand, rock, soil and gravel.

"Retail establishments" means the sale of commodities or goods to the consumer and may
include display rooms and incidental manufacturing of goods for retail sale on premises only.
Typical retail establishments include grocery and specialty food stores, general department
stores, drug and pharmaceutical stores, hardware stores, pet shops, appliance and apparel
stores, and other similar retail activities. This term also includes establishments where food or
drink is sold on the premises for immediate consumption, but which lack appropriate
accommodations for on premise eating and drinking. The term does not include open storage
yards for new or used building materials, yards for scrap, salvage operations for storage or
display of automobile parts, service stations, repair garages or veterinary clinics and
hospitals.

"Retaining wall" means that portion of a wall which resists the lateral displacement of soil
or other material up to a maximum height of 0.2m above the finish grade of the retained
material.

"Roof level" means the lowest point of intersection between the plane of the roof and the
plane of the exterior wall.

"Rooming" means a use ancillary to the principal use of a dwelling unit in which overnight
accommodations is provided to persons ("roomers") for compensation for periods of 30 days
or more in the same dwelling unit as that occupied by an owner, lessee, operator or proprietor
of the dwelling unit.

“Sensitive Community Facilities” Sensitive community facilities are facilities which, due to
the specific service(s) provided therein, may cause unease and concern to the people living in
the neighbourhood. In general, these facilities can be classified into two groups:

i) Penal Institutions; Public Mortuaries; Cemeteries;

ii) Health clinics; hostels; day care centres

"Sign” means any structure, billboard, marquee, awning, canopy, street clock,
announcement, declaration, demonstration, display, flag, pennant, banner, balloon,
illustration or insignia used to advertise, attract or promote the interests of any person when it
is placed on any property, building or structure in view of the general public provided that
window displays or merchandise displays shall not be considered signs.

Revised Development Control Code of 2013 Page 18

"Sign area" means the entire area within a single, continuous perimeter of regular geometric
form enclosing the extreme limits of writing, representation, emblem or any fixture of similar
character, together with any frame or other material or color forming an integral part of the
display or used to differentiate such sign from the background against which it is placed,
excluding poles, supports or uprights). Where a sign has two or more faces, the area shall be
computed as the largest area projected on the vertical plane.

"Shopping center" means a group of retail stores and service establishments developed
under a single or unified project concept, on one or more plots having an aggregate floor area
exceeding 4000m2.

"Slope" means the incline of grade across the buildable area of a plot, expressed as a
percentage and calculated by the following formula:

i) Highest elevation point - Lowest elevation point x 100

ii) Horizontal linear distance between highest and lowest points.

"Smoke control system" means a system designed to inhibit or act as a barrier against the
spread of smoke in a building;

"Smoke detector" means a device which is used for detecting the presence of visible or
invisible products of combustion, and which would automatically initiate a signal upon
detecting the presence of these products.

"Stockpiling" means the temporary open storage of earthen materials upon any premises
except the premises for which a grading permit has been issued for the purpose of using the
materials as fill material at some other premises at a future time.

"Street" means any public right-of-way for vehicle purposes or a private right-of-way for
vehicle purposes, which provides access to more than two plots.

"Street frontage" means that portion of a plot which has access rights to a street abutting the
plot.

"Structure" means anything above existing grade constructed or erected with a fixed
location on the ground, or requiring a fixed location on the ground, or attached to something
having or requiring a fixed location on the ground. The term "structure" includes the term
"building."

"Theaters" means facilities which are used primarily for the performing arts or for the
viewing of motion picture films. Included are performing arts centers, concert halls and other
types of live theaters.

Revised Development Control Code of 2013 Page 19

U

"Use" means and refers to either one of the following:

i) Any purpose for which a structure or a piece of land is designed, arranged,

intended, maintained or occupied; or

ii) Any activity, occupation, business or operation carried on, or intended to be

carried on, in a structure or on a piece of land.

"Utility installations" means uses or structures, including all facilities, devices, equipment,
or transmission lines, used directly in the distribution of utility services, such as water,
electricity, telecommunications other than broadcasting antennas, and refuse collection other
than facilities included under waste disposal and processing. A utility installation may be
publicly or privately owned and does not include wind machines, which are defined
separately. Also not included are: cesspools, individual household septic tank systems,
individual household aerobic units, and individual water supplies.

A utility installation includes ancillary uses and structures directly associated with the
distribution of the utility service, such as, but not limited to: ancillary antennas, maintenance,
repair, equipment, and machine rooms; tool sheds; generators and calibration equipment; and
accessory offices. Offices permitted as ancillary to a utility installation shall be directly
associated with the distribution of the utility service, and not principally function as a
business or executive center for the utility operation.

"Vending cart" means a stand-alone, portable outdoor cart on wheels used to dispense
prepared food and drinks, or merchandise for retail sale. It shall be considered a retail use and
structure, although not fixed to a particular location for more than 24 hours at a time, and is
not fixed at any point to the ground or another structure. No more than one umbrella or
canvas overhead may be directly attached to these structures. Associated food preparation
activities are limited to warming and steaming, and the dispensing of condiments.

"Warehousing" means establishments primarily associated with the storage of raw

materials, finished products, merchandise or other goods, within a structure for subsequent
delivery, transfer or pickup, and may include structures used primarily for the storage of files
or records.

"Waste disposal and processing" means facilities for the disposal and processing of solid
waste, including refuse dumps, sanitary landfills, incinerators and resource recovery plants.

"Wholesaling and distribution" means establishments primarily involved in the sale and/or
distribution of manufactured and/or processed products, merchandise or other goods in large

Revised Development Control Code of 2013 Page 20

quantities for subsequent resale to retail establishments, and/or industrial, institutional and
commercial users.

Revised Development Control Code of 2013 Page 21

GENERAL ADMINISTRATION
1.1.1 SHORT TITLE
1.1.1.1 This code shall be known as “The Development Control Code of Botswana (As
Revised 2009)” and may be cited and referred to as “The Code.”
1.1.2 APPLICABILITY
1.1.2.1 The provisions of this Development Control Code shall in the first instance apply to
the development of land across the whole country, in particular, to urban centres and
areas that are declared Planning Areas in terms of the provisions of the Town and
Country Planning Act (General Development Order, 1980) paragraph 7(2).
Furthermore Development Regulations as required by the provisions of this code
and specific to particular settlements as contained in their Settlement Development
Plans shall apply to those particular settlements. No development shall be
undertaken without prior authorization pursuant to the provisions of this code and
any other development regulations specific to particular settlements as contained in
their Development Plans.
1.1.2.2 This Development Code is a live document and therefore shall be complemented by
annual amendment documents divided into the same sections as the main document
stating whatever modifications and or corrections or new sections has been
introduced. The annual amendments shall include all previous amendments, and
other policies, regulations, acts referred to shall automatically form part of this
document.
1.1.2.3 The functionality of this Development Control Code lies on its applicability in
relation to the Building Regulations, Road Manuals and all other infrastructure
related policies and Acts;
1.1.3 EFFECTIVE DATE
1.1.3.1 This Development Control Code was adopted on (insert date) and become effective
on (insert date).
1.1.4 PURPOSE - GENERAL
1.1.4.1 The purpose of this Development Control Code is to regulate development and use
of land in a manner that will encourage orderly developments, such that public
health and safety, environmental conservation, aesthetics and general public welfare
are promoted and protected. The code is therefore generally intended to achieve the
following:

i) Classify, regulate and provide criteria/guidelines for the location of residential,

commercial, civic and community, industrial, agricultural and other land uses
and activities.

ii) Provide standards relating to the height, bulk and location of buildings.

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 iii) Provide standards to which buildings and structures should conform.

iv) Establish plot sizes, building set back requirements, parking and loading
requirements, land use intensity ratios, use limitation, and storage
requirements applicable to buildings and land use activities.

v) Prohibit uses, buildings or structures incompatible with the character of

designated zones or neighbourhoods.

vi) Provide for regulations and standards for orderly development of streetscapes
and enhancement of the aesthetics of the built environment.

vii) Encourage the protection and preservation of areas of scenic beauty and
natural resources and to promote appropriate developments with regards to
such areas.

viii) Establish procedures necessary to implement and enforce the provisions of the
code.

ix) Provide for variances from the provision of the code subject to given
conditions.

x) Provide for special permit uses including Planned Unit Developments (PUD)
and other special approvals.

xi) Provide for regulations that regulate adequate public infrastructure and utilities
facilities provisions based on appropriate levels of service standards whilst
ensuring accessibility for maintenance and expansion.

xii) Provide for sufficient and effective regulations and standards for traffic
circulation that provide adequate transportation – land use linkages; the safe
accommodation of pedestrian traffic movements and interlinks with public
transport; and the proper locations and width of streets, road reserves and
building line locations.

xiii) Establishment of reasonable standards and procedures for subdivisions in order

to enhance the orderly layout and use of land and to ensure proper legal
descriptions and documentation of sub divided land.

xiv) Assist the general public in identifying and understanding regulations and
standards relating to the development and use of land.

xv) Provide for 50 year National land use planning that incorporates application of
standards and special purpose land use zone areas Nationally. And refer to
other policies , regulations and Acts independent of Ministry of origin

xvi) Provide for 25 year development planning with review once per decade.

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 xvii) Facilitate inter-ministerial infrastructure development and expansion planning.

1.1.5 SEPARABILITY
1.1.5.1 Should any clause or provision of this Development Control Code be declared by a
court of competent jurisdiction to be unconstitutional or invalid, such decision shall
not affect the validity of other provisions of the Development Control Code as a
whole or any parts thereof, other than the part declared to be unconstitutional or
invalid. Each article, section, clause or provision hereof is hereby declared
separable.
1.1.6 TRANSITIONAL PROVISIONS

NEW DEVELOPMENT

1.1.6.1 Upon the effective date of this Development Control Code or any subsequent
amendment/revision, any new infrastructure utilities and/or services, building or
other structure on any piece of land shall be used, constructed or developed only in
accordance with all applicable provisions of this Development Control Code and
Building Regulations, Road manuals and all other infrastructure related policies and
Acts;
1.1.6.2 No construction or improvements to existing developments shall take place or
commence except in conformity to the provisions of this Development Control
Code.

EXISTING DEVELOPMENT

1.1.6.3 Any existing use, plot, infrastructure utilities and/or services, building or other
structure legally established prior to the effective date of this Development Control
Code that does not comply with any of its provisions shall be subject to the
provisions of non-conformities stipulated in PART IV, Chapter 4.6 of this code.

PREVIOUSLY ISSUED PERMISSIONS

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1.1.6.4 Any variance or permission issued before the effective date of this Development
Control Code may be continued where no limitation as to duration of use is attached
at the time of issuance of the permission, provided that development/construction is
begun within six months from the date of issuance of the permit;
1.1.6.5 Where the permission was granted for a specified period of time, the applicable
provisions of this Development Control Code shall be applied upon the expiration of
that time.
1.1.6.6 With regards to previously issued permission, in no event shall such use be changed,
except to a conforming use under the provisions of this Development Control Code.
A change of use is a change to another use either under the same category or any
other use. A change in occupancy or ownership shall not by itself constitute a
change in use.

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2.0 PART II: LAND USE ZONES – REGULATIONS AND

DEVELOPMENT STANDARDS

The following Chapters are discussed under Part II:

2.1 ORGANIZATION OF LAND USE (REGULATORY) ZONES

2.2 ESTABLISHMENT OF LAND USE ACTIVITIES
2.3 REQUIREMENTS APPLICABLE TO ALL LAND USE ZONES
2.4 RESIDENTIAL LAND USE (REGULATORY) ZONES
2.5 COMMERCIAL LAND USE (REGULATORY) ZONES
2.6 INDUSTRIAL LAND USE (REGULATORY) ZONES
2.7 CIVIC & COMMUNITY LAND USE (REGULATORY) ZONES (CIV)
2.8 PARK & OPEN SPACE (REGULATORY) ZONES (OS)
2.9 SPECIAL PURPOSE REGULATORY ZONES
2.10 MIXED-USE (REGULATORY) ZONES (MXD)
2.11 AGRICULTURAL LAND USE (REGULATORY) ZONES

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2.1 ORGANIZATION OF LAND USE (REGULATORY) ZONES

2.1.1 PURPOSE
2.1.1.1 In order to assure orderly development and use of land throughout the Country,
Land Use Regulatory Zones categorization has been established for all areas over
which this Development Control Code exercise jurisdiction.
2.1.1.2 "Regulatory Zoning" in this DCC is defined as the grouping of a homogenous and
mutually supporting family of land use activities in an area. Zoning aims at
specifying regulations for the use of land and property development standards which
together with the necessary review procedures, then function as the primary tools for
resolving specific land use conflicts, both within a homogenous group of uses in a
single regulatory zone and between groups of incompatible uses at the border of two
different zones.
2.1.1.3 Regulatory Zoning in this DCC fulfils its purpose in the following manner:

i) Protection of Basic Property Rights: The Land Use Regulatory Zones are
defined by broad categories of land uses such as residential, commercial,
industrial zones. These zones establish the "basic ground rules" of land use and
development, enabling owners/users of real property to know in advance what
to expect from their neighbours, before investing in or developing property. In
this DCC, these land use zones are given performance definitions, defining not
only the permitted/conditionally permitted or prohibited uses, but also how the
use is to function within the zone.

ii) Conflict Resolution: The development standards provided for each land use
zone form only the starting point for conflict resolution. This DCC anticipates
most conflict resolution to occur by meeting design and development
standards, or by meeting special conditions arising out of the review
procedure. The design and development standards are tailored for specific land
uses, specific opportunities or constraints of the site, differing types of
development, differing building types, specific buffering situations,
environmental concerns, and requirements for service extension and utility
installation. Conflict resolution issues that may have a design solution should
not be resolved by zone changes or changes in definitions of land use. Instead,
these conflict resolution issues should be referred to the performance standard
sections of this Code.

2.1.2 CATEGORIZATION OF LAND USE REGULATORY ZONES

2.1.2.1 For the purpose of this DCC, the following categories of land use regulatory zones
are hereby established:

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Residential Categories

A.1 Low Density Residential Regulatory Zones (R-1 & R-2)

A.2 Medium Density Residential Suburban Regulatory Zones (RSU)

A.3 Residential Urban Regulatory Zone (RU)

Non Residential Categories

B.1 Town Core / Main Street Commercial Regulatory Zone (CBD)

B.2 Neighbourhood Centre Regulatory Zones (CMU-1)

B.3 Community Centre Regulatory Zones (CMU-2)

B.4 General Commercial Regulatory Zones - (CMU-3)

B.5 Mixed Use Regulatory Zones

B.6 Light Industrial Regulatory Zones (LI)

B.7 General (Heavy) Industrial Regulatory Zones (GI)

B.8 Warehouse Distribution Regulatory Zones (WD)

B.9 Office General Regulatory Zones (OG)

B.10 Civic & Community Regulatory Zones (CIV)

B.11 Spatial Purpose Regulatory Zones

B.12 Open Space & Recreational Zones (OS/R)

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2.1.3 RULE OF DEVELOPMENT PLANS & OTHER POLICY GUIDES

2.1.3.1 Land use regulatory zones categorization and development standards established in
this DCC are neither exhaustive nor unalterable and may be expanded or altered by a
Local Development Plan, Detailed layout Plan and/or Urban Design or Site Plan.
2.1.3.2 Standards stipulated in this DCC shall apply in situations where a Local
Development Plan for a community has not been prepared and/or approved and/or
when such Plan does not contain any area-specific regulations and development
standards.
2.1.3.3 Development Plans may establish new and/or altered land use zones established in
this DCC according to the characters and needs of areas for which they exercise
jurisdiction. Such Development Plans shall also draw up use standards and
regulations for land use regulatory zones so established.
2.1.3.4 Every plot and tract of land within any Development Plan prepared for a local
community shall be within a designated land use regulatory zone. The use of land is
limited to the uses allowed by the applicable regulatory land use zone. The
applicable regulatory zone(s) shall be based on the Land Use Map and the
provisions of this Chapter, which shall be consistent with the Local Community’s
Development Plan, as indicated in Table 2.1.
2.1.3.5 In the event of any conflict between any provision of this chapter and provisions of a
Development Plan, or its duly adopted portions, elements or amendments, the
Provisions of the Plan shall prevail

Table 2.1: Regulatory Zones Applicability as per Development Plan Designations

Development Plan Designation Applicable Regulatory Zones

As per Development Plan (Land Use) Proposals Low Density Residential Regulatory Zones (R-1 &
Map R-2)

Medium Density Residential Suburban Regulatory

Zones (RSU)

Residential Urban Regulatory Zone (RU)

Town Core / Main Street Commercial Regulatory

Zone (CBD)

Neighbourhood Centre Regulatory Zones (CMU-1)

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Community Centre Regulatory Zones (CMU-2)

General Commercial Regulatory Zones - (CMU-3)

Mixed Use Regulatory Zones

Light Industrial Regulatory Zones (LI)

General (Heavy) Industrial Regulatory Zones (GI)

Warehouse Distribution Regulatory Zones (WD)

Office General Regulatory Zones (OG)

Civic & Community Regulatory Zones (CIV)

Spatial Purpose Regulatory Zones

Open Space & Recreational Zones (OS/R)

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2.2 ESTABLISHMENT OF LAND USE ACTIVITIES

2.2.1 PURPOSE
2.2.1.1 The following land use activities are not land use zones, though the names of some
land use activities (for example, “Industry”) may be similar to the name of land use
zones established in Chapter 2.1 (such as “Industry, Light”).
2.2.1.2 Land Use activities and their detailed categorization are intended only to provide a
mechanism to group activities on land for regulatory purposes. This is with the aim
of providing a systematic basis for assigning permitted uses to appropriate land use
zones.
2.2.1.3 Permitted Uses referrer to land use activities allowed in a zone without the need for
special administrative review and approval, but in accordance with the Permitted
Use Tables provided for each land use zones regulated as contained in Chapters 2.4
– 2.11.
2.2.2 LAND USE ACTIVITY TITLES
2.2.2.1 The following Land Use Activity Titles are established under this Code:

i) Residential Land Use Activities

ii) Civic & Community Land Use Activities

iii) Commercial Land Use Activities

iv) Industrial Land Use Activities

v) Sport & Recreation Land Use Activities

vi) Transportation Land Use Activities

vii) Utilities & Utility Services

viii) Open Land Use Activities (Agriculture, resource extraction)

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2.2.3 PRINCIPAL AND ANCILLARY USES

2.2.3.1 For regulatory purpose the Detailed Classification of Land Use Activities set in
Table 2.2 include the following:

i) Principal Use – the primary or predominant use of any piece of land (plot
/property). The “Principal Use” portion of each land use activity title lists
principal activities common to that title. The names of activities are generic
and are based on common meanings, not on what a specific use may call itself.

ii) Ancillary Uses - a use that is on the same plot/property as, and of a nature
customarily incidental and subordinate to the principal use, structure, or
building on the property. No ancillary use may be established on a site prior to
the establishment of a permitted principal use, (unless it is a part of the
sequencing process within the time allowed for property development.)

2.2.4 PRINCIPAL USES NOT SPECIFICALLY LISTED

2.2.4.1 Where a land use activity or principal use within a land use activity title is not
specifically listed in this section, the responsible local planning authority may
determine the use activity and its category based on the use it deems most similar to
that activity not specifically listed in accordance with the provisions of this section.
2.2.5 DEVELOPMENTS WITHIN MULTIPLE PRINCIPAL USES
2.2.5.1 Developments within multiple principal uses shall conform to the following:

i) When all principal uses of a development fall within one land use activity title,
the entire development shall be assigned to that use activity;

ii) When the principal uses of a development fall within different use activities,
each principal use shall be classified in the applicable use title and each use
shall be subject to all applicable regulations for that use title;

iii) A development shall be reviewed using the most restrictive process from
amongst the proposed uses. For instance, if a development includes a
convenience store, fuel sale and a restaurant, and one of those uses is only
permitted by conditional use permit in the zone, then the entire development
requires a conditional use permit.

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Table 2.2: Detailed Classification of Land Use Activities

RESIDENTIAL LAND USE ACTIVITIES

Household Living A family living together, on a month-to-month or longer basis, in a

single dwelling unit, with common access to and common use of all
living and eating areas and all areas for the preparation and serving of
food within the dwelling unit.

PRINCIPAL USES COMMON ANCILLARY USES

Individual Housing Detached garage,

 Single Family Detached Dwelling Unit carport,

 Single Family Semi-Attached Dwelling Unit barbecue pit,

 Single Family Attached – Two-Family (Duplex) tool or garden shed,

Multifamily Housing swimming pool

 Townhouses gardens,

 Multifamily Dwellings/Flats Personal storage structures

 Apartments Hobbies and pets raising

 Upper Story Residential Home Occupations

 Live/Work Unit Ancillary Dwelling Units

Mobile Housing

 Manufactured (mobile) Home

 Residential Mobile Home Park

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Group Living Residential occupancy of a structure by a group of people that does not
meet the definition of Household Living. Generally, Group Living
structures have a common eating area for residents, and the residents
may receive care or training

PRINCIPAL USES COMMON ANCILLARY USES

Boarding House /Rooming House Associated office,

Dormitory Ancillary Dwelling Units

Nursing Home/ Retirement Homes and Orphanages Food preparation and

Group home for mentally/physically disabled, Dining area

Religious Quarters Sanitary Room

Residential Camps/Barracks Recreational facility

Other Group Living Facility Detached garage,

carport and/or parking area

CIVIC & COMMUNITY LAND USE ACTIVITIES

Educational Facilities Public and private schools at the pre-primary, elementary, junior high, or
high school level that provide basic academic education. Also includes
colleges and other institutions of higher learning that offer courses of
general or specialized study leading to a degree usually in a campus
setting.

PRINCIPAL USES COMMON ANCILLARY USES

Pre-Primary Education Associated Admin office(s),

 Nursery School Auditorium, theater,

 Preschools Dormitory, housing for students or faculty;

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Food preparation and/or dining area,

Primary Education Health facility ,

 Public Primary School Laboratory,

 Private Primary School Library or study rooms

Secondary Education Meeting area,

 Junior Secondary Schools (Public & Private) Play area,

 Senior Secondary Schools (Public & Private) Recreational or sports facility,

 Facilities for Technical Education and Vocational Support commercial

Training

Post-Secondary Education

 Professional & Management Development Training

 Technical, trade, and other specialty schools

 Post-secondary Colleges

 Universities

Special Schools

Exam Preparation & Tutoring Facilities

Health (Medical) Facilities Facility or institution, whether public or private, principally engaged in
providing services for health maintenance and the treatment of mental or
physical conditions. Some uses may offer overnight care.

PRINCIPAL USES COMMON ANCILLARY USES

Hospitals Associated Admin office(s)

Ambulatory/Outpatient Care Services On-site day care;

 General Clinics/Health Centers Food preparation or dining area;

 Specialist Clinics/Polyclinics Housing for staff or trainees ;

 Ambulatory Health Care Services Cafeteria and Limited retail sales (internal)

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 GP Offices, Urgent care or emergency medical office, Janitorial facility

Physicians Offices, Dental Offices, Chiropractic
Offices, Optometrists Offices, Physical Therapists, Meeting area
Occupational Therapists, Gynecologists, Pediatricians
Offices, Dermatologists Offices, Eye Offices etc. Nursing or medical school

 Blood & Organ Donation Centers/ Banks Pharmacy

 Medical and Diagnostic Laboratories Recreational facility

Nursing, supervision, and other Rehabilitative Teaching facility

Centers/Facilities
Associated helicopter landing facility;

Public Administration & Safety

PRINCIPAL USES COMMON ANCILLARY USES

City/Town/ Local or Central Government Offices Ancillary indoor storage

Embassies/High Commissions Associated offices

Courts Auditorium, meeting room

Penal (correctional) Institutions Cafeteria/Day care (Internal)

 Detention Centers General Limited fueling facility

 Prisons Associated helicopter landing facility;

Public Safety Facilities

 Police

 Fire and rescue

 Emergency response

Military and National Security Facilities

Public (Non-Profit) Organization

PRINCIPAL USES COMMON ANCILLARY USES

Labor and Political Organizations Associated offices

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Business Associations Auditorium, meeting room

Professional Membership Organizations Cafeteria(Internal)

Civic, Social, and other NG Organizations

Community Services Uses of a public, nonprofit, or charitable nature providing meeting areas,
ongoing public safety, educational, training, or counseling to the general
public on a regular basis, without a residential component.

PRINCIPAL USES COMMON ANCILLARY USES

Tribal Administration Counseling & Gathering Places Associated Admin office(s)

Community Centers/Halls Food preparation or dining area;

Museums & Libraries Cafeteria (internal)

Public Exhibition Halls & Studios Meeting area

Public Art Centre Recreational facility

Philanthropic institution Garden

Places of Worship Places of assembly that provide meeting areas religious practice.

PRINCIPAL USES COMMON ANCILLARY USES

Church Ancillary indoor storage

Mosque Associated office

Synagogue Garden

Temple, etc Day care

Food services, dining area

Meeting room/classroom(s)

Staff residence located onsite

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Death care services

PRINCIPAL USES COMMON ANCILLARY USES

Funeral homes and services Ancillary indoor storage

Cremation services and Columbarium Associated office

Private/Public Cemeteries Chapel, ancillary worship space

Animal/Pet Cemeteries (Burial Grounds) Meeting room

Garden

Day Care & Social Welfare Uses providing care, protection, and supervision of children or adults on
Facilities a regular basis away from their primary residence. Care is typically
provided to a given individual for fewer than 18 hours each day,
although the facility may be open 24 hours each day.

PRINCIPAL USES COMMON ANCILLARY USES

Child Daycare Centers (Small/Large) Associated Admin office(s),

Children and Youth Centers Food preparation and/or dining area,

Social Centers for the Elderly Meeting area,

Family Service Centers Play area,

Group Shelter Facilities Recreational or sports facility,

Community food services

Emergency and relief services

Parks & Open Spaces Uses focusing on natural areas consisting mostly of vegetation, passive

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or active outdoor recreation areas, or community gardens, and having

few structures.

PRINCIPAL USES COMMON ANCILLARY USES

Open Spaces (Passive/Active) Fast Food/Refreshment Facilities

(Concessions)
Horticultural/Botanical Gardens
Play equipment
Community/Local Parks
Caretaker or security residential unit
Conservation/Protection Areas
Swimming pool, tennis court, ball field
Game Park, Animal/Botanical Sanctuary/ Zoos
Campground
Recreation Field (Play/Picnic Areas)

Civic Squares & Plazas

Heritage Sites & Monuments

Amusement & Show Places

Memorial Parks

SPORT & RECREATION LAND USE ACTIVITIES

Indoor Recreation Uses that provide daily or regularly scheduled recreation-oriented

activities in an indoor setting. (Generally commercial uses)

PRINCIPAL USES COMMON ANCILLARY USES

Indoor Sport Centers Associated office

Fitness, Recreational Sports, Gym, or Athletic clubs Refreshment Facilities (Concessions)

Indoor Entertainment Halls/Courts Food preparation or dining area

 Pool Hall Off-street parking

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 Bowling Alley Pro shop or sales of goods related to the on-

site activities of the specific use
 Game Arcade

 Squash Court, etc.

Indoor shooting ranges

Multi-purpose Play/Convention Centers

Water Recreation Centers

Outdoor Recreation Uses that provide daily or regularly scheduled recreation-oriented

activities. Such activities may take place wholly outdoors or within a
number of outdoor structures (Generally commercial uses)

PRINCIPAL USES COMMON ANCILLARY USES

Sports Complex (Stadiums for Ball and Athletic Games) Associated office

Playgrounds (Pitches) for Ball and Athletic Games Caretaker or security person housing

Golf/Cricket Courses, Country clubs Classroom Clubhouse

Outdoor shooting ranges Concession Food preparation or dining

area
Animal Training and Competing places
Jogging, hiking, fitness and other types
 Race Tracks of trails

 Horse stable Limited retail sales (internal)

 Riding/Equestrian Centers Maintenance facility

Land Vehicle Performance Places & Race Tracks On-site day care where children are cared
for while parents or guardians are
Outdoor entertainment activities occupied
 batting cage Pro shop or sales of goods related to the
on-site activities of the specific use
 golf driving range

 mini golf facility

 paintball

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 BMX facility or skateboarding facility, etc.

Yachting club facility

Drive-in theater

COMMERCIAL LAND USE ACTIVITIES

Entertainment/Leisure Uses that provide entertainment-oriented

activities in an indoor setting.

PRINCIPAL USES COMMON ANCILLARY USES

Adult Entertainment (Casino or Gambling establishment) Associated office

Disco/Night Clubs Refreshment Facilities (Concessions)

Bar, Tavern, Cocktail Lounges Food preparation or dining area

Cinemas Off-street parking

Performing Arts or Supporting Establishment Pro shop or sales of goods related to the on-
site activities of the specific use
 Theatres, Concert Halls & Arenas

 Galleries & Similar Function Rooms and Offices for

Production and Promotion of Arts Activities

 Exhibition Halls, etc.

Accommodation (Overnight Lodging) Accommodations arranged for short term stays

for rent or lease.

PRINCIPAL USES COMMON ANCILLARY USES

Hotel Refer to Tourism Accommodation Related

Activities.
Motel

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Lodge

Bed & Breakfast/Guest House

Camping Sites/Carven Sites/Parks

Back Parkers Hostels

Food Services Establishments that prepare and sell food for

on- or off-premise consumption.

PRINCIPAL USES COMMON ANCILLARY USES

Full-Service Restaurants Associated Office Deck,

Fast Food (Take Out) or Limited Service Restaurant indoor storage

Outdoor Restaurant Seating patio for outdoor seating or

dining
Drave-in Restaurant
Drive-thru facility
Food Delivery Facility (Pizza, etc)

Mobile Food Services/Outdoor (take-away) Fast food

Vending machine

Cafeteria/Snack or nonalcoholic bar

Brew Pub and other Drinking Places

Retail Sales Establishments involved in the sale, lease, or

rental of new or used products

PRINCIPAL USES COMMON ANCILLARY USES

Food and Beverage Ancillary indoor storage

 Groceries Shop/Supermarket Associated offices

 Convenience store Food preparation and dining area

 Specialty food store (bake goods, dairy products etc.) Manufacture or repackaging of goods for

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 Fruit and vegetable store on-site sale

 Bottle Store (Beer, wine, and liquor store) Public recycling drop-off site

Health and Personal Care Storage of goods

 Pharmacy or drug store Caretaker or security person housing

 Cosmetics, Beauty Supplies

 Optical Goods Stores

 Food (Health) Supplement Stores

Clothing and Personal Goods

 Clothing Stores

 Shoe Stores

 Jewelry Stores

 Luggage and Leather Goods Stores

 Fabric stores (etc)

Sporting Goods, Hobbies and Musical Instruments

 Sporting Goods Stores

 Hobby, Toy and Games Stores

 Swimming Pool Equipment & Supplies

 Bicycles and Related Products,

 Musical instruments stores etc.

Books, magazines, stationery

 Book and Stationary Stores,

 Music & Video Store,

 Newspapers & Magazines, etc

Other Consumer Goods Sales

 Computer and Software,

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 Camera and Photographic Supplies,

 Florists

 Antique Shops

 Gift, Novelty and Souvenir Stores

 Art Dealers and Galleries

 Tobacco Stores,

 Pets, Pet Supply Stores

 Secondhand Goods / Pawnshops

 Printed Materials And Similar Stores

Heavy Consumer Goods Sales

 Furniture or Home Furnishings

 Hardware, Home Centers, Etc

 Lawn And Garden Supply Stores

 Department Store, Warehouse Or Superstore

 Electronics And Appliances

 Lumber Yard And Building Materials

 Carpet and Floor Covering Stores

 Heating and Plumbing Equipment, Etc.

Nursery (Commercial plants/Garden Center)

 Outdoor Sale Establishments

 Flea Market,

 Farmers Market,

 Farm Stand,

 Open Air Market and Wholesale Stores

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Retail Services Establishments involved in providing personal services to the general public

PRINCIPAL USES COMMON ANCILLARY USES

Information Services Ancillary indoor storage

 Newspaper Publishers, Associated offices

 Book Publishers, Food preparation and dining area

 Database and Directory Publishers, Refreshment Facilities (Concessions)

 Card Publishers, Manufacture or repackaging of

goods
 Software Publishers,
Public recycling drop-off site
 Information and data processing services
Storage of goods
 Internet Service providers/ Internet coffees, etc.
Caretaker or security person housing
Entertainment, Picture & Sound Recording

 Motion Picture and Video Distribution Services,

 Sound Recording Studios,

 Record Production,

 Music Publishers,

 Agent/Promoter of performing arts, sports, and

similar events, etc.

Broadcasting & Telecommunications Services

 Radio Broadcasting Studios,

 Television Broadcasting Studios

 Wireless/Satellite Telecommunications
Providers/Resellers, etc.

Finance and Insurance Services

 Bank, credit, or savings institutions/establishments,

 Automated Teller Machines (ATM),

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 Loan/Investment banking, and brokerages

 Insurance-related establishments (Carriers, Agencies

& Brokers)

 Fund, trust, or other financial establishments

Real Estate, Rental & Leasing Services

 Real Estate Agents , Brokers & Appraisers

 Real Estate Property Managers

 Rental of cars

 Leasing trucks, trailers, etc.

 Leasing of commercial, industrial machinery, and

equipment

 Consumer goods rental

 Intellectual property rental (video, music, software,

etc.)

Professional Services

 Legal Services, Accounting, tax, bookkeeping,

payroll services, Architectural, Engineering,
Planning, Building inspection and related services,
Surveying , Mapping and related services, Graphic,
industrial, interior design services, Information
technology, Programming & related services,
Consulting services (management, environmental,
marketing etc.), Research and development services
(scientific, technical consulting etc.), Advertising,
media, and photography services, Dance, martial arts,
music studios or classroom

Administrative & Support Services

 Photocopy, printing and publishing

 Office and administrative services

 Business support services

 Employment Agency

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 Collection agency

 Convention and Trade Show Organizing Services

 Investigation & Security Services

 Caterer /Food Service Contractor

Travel Arrangement Postal & Delivery Services

Travel Arrangement, Reservation and related Services

Courier, and related Services

Packaging, Labeling Shipping and related Services

Health Care Services (same as Ambulatory/out patent

care services)

Animal/Pet Care Services

 Veterinary Services/Veterinary Clinic

 Animal grooming

 Animal Boarding, Animal Shelter, Kennel

Personal Services

 Hair, nail, tanning, and related personal care service

 massage parlor

 barber or beauty shop,

 Dry-cleaning or laundry drop-off facility

 Tailoring Services

 Photo Services, etc

Home/Office Services

 Extermination and pest control

 Janitorial Services

 Landscaping

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 Carpet and upholstery cleaning

Repair Oriented Services Establishments involved in providing repair

services to the general public.

PRINCIPAL USES COMMON ANCILLARY USES

Computer and Office Machine Repair & Maintenance Associated office

Consumer Electronics Repair & Maintenance Refreshment Facilities (Concessions)

Communication Equipment Repair & Maintenance Food preparation or dining area

Footwear and Leather Goods Repair Off-street parking

Watch, Clock & Jewelry Repair Services Pro shop or sales of goods related to the on-
site activities of the specific use
Bicycle, repair services

Commercial Machinery & Equipment Repair

INDUSTRIAL LAND USE ACTIVITIES

Vehicle Sales and Service Direct sales of and service to passenger

vehicles, light and medium trucks, and other
consumer motor vehicles such as motorcycles,
boats, and recreational vehicle

PRINCIPAL USES COMMON ANCILLARY USES

Vehicle sales, rental, or leasing Associated office

Passenger Vehicles, Motorcycles, Trucks, And Other Sale of parts

Vehicles, Unattended Vehicle Sales,

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Car Rental Auto Leasing, Trailer Leasing, Car wash

Auction Vehicle, Broker Vehicle, Pawn Shop Vehicle. Towing

Vehicle Services Vehicle fueling

Audio and Alarm System Installation, Vehicle storage

Custom Accessories (Window Tint, Stripe, Luggage Rack,

Molding, Bumpers)

Quick Lubrication Facilities,

Battery Sales and Installation,

Auto Detailing, Minor Scratch and Dent Repair,

Bed Liner Installation,

Hand and Foot Control Installation,

Glass Repair/Replacement;

Tire Sales and Mounting;

Full- or Self-Service Vehicle Wash

Vehicle Repair

A/C Replacement A/C Servicing,

Alignment Shop,

Auto Body Shop, Auto Upholstery Shop,

Repair of Cars, Trucks, Towing Service, R

Repair of Brakes/Shocks, Mufflers, Transmissions,

Engine Replacement/Overhaul,

Trucks Service, Truck Service Tune Up,

Automotive Service Station

Petrol Station (with or without Convenience Store)

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Custom (Small Scale) Custom Manufacturing Activities include the small scale production of
Manufacturing Industrial artisan and/or custom products. This activity typically includes the
Activities production of finished parts or products by hand involving the use of hand
tools and small-scale equipment within enclosed buildings. Custom
Manufacturing Industrial Activities do not produce noise, vibration, air
pollution, fire hazard, or noxious emission that will disturb or endanger
neighboring properties

PRINCIPAL USES COMMON ANCILLARY USES

Small Scale Beverages (Including Alcoholic) And Food Ancillary indoor storage
(Excluding The Production Of Highly Pungent Odor-Causing
Items) Associated office

Cameras and Photographic Equipment; On-site repair/sale facility

Custom Clothing,

Custom Furniture Building and Refinishing,

Handicraft, Art Objects, and Jewelry;

Musical Instruments;

Medical, Dental, Optical, and Orthopedic Instruments And

Appliances, And Similar Items;

Professional, Scientific, Measuring and Controlling

Instruments

Light Manufacturing Industrial Light Manufacturing Activities include the manufacturing, compounding,
Activities processing, assembling, packaging, or treatment of components or
products, primarily from previously prepared materials, and typically
within enclosed buildings. Include also contractors and building
maintenance services and similar uses performed off-site.

Generally, Light Manufacturing Industrial Activities do not produce noise,

vibration, air pollution, fire hazard, or noxious emission that will disturb
or endanger neighboring properties.

PRINCIPAL USES COMMON ANCILLARY USES

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Small scale beverages (including alcoholic) and food Ancillary medical facility
(excluding the production of highly pungent odor-causing
items Ancillary indoor storage

Clothing or Textile Manufacturing; Associated office

Computer and Electronic Products; Cafeteria

Electrical Equipment, Appliance, & Components; Day care

Furniture and Related Products; Employee recreational facility

Pharmaceutical Production; On-site repair facility

Sporting and Athletic Goods; Residential unit for security purposes (single
unit)
Catering facility, large-scale

Commercial Bakery

Printing, publishing, and lithography

Contractors, Building maintenance and similar services

 Building, carpentry, floor, tile, heating, plumbing, or

electrical contractor and others who perform services
off-site, but store equipment and materials or perform
fabrication or similar work on-site

General Manufacturing General Manufacturing Activities include the manufacturing,

Industrial Activities compounding, processing, assembling, packaging or treatment of products
from extracted, raw, recycled, or secondary materials. They may have
some or all activities conducted outdoors, Sales to the general public are
limited.

General Manufacturing Industrial Activities may produce noise, vibration,

air pollution, fire hazard, or noxious emission that will disturb or endanger
neighboring properties.

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PRINCIPAL USES COMMON ANCILLARY USES

Plastics and Rubber Products Manufacturing; Ancillary medical facility

Chemical Manufacturing (Except For the Chemical Products Ancillary indoor storage
Listed Under Heavy Manufacturing);
Associated office
Heavy Equipment Manufacturing;
Cafeteria
Metal Foundries
Day care
Glass Manufacturing;
Employee recreational facility
Paper Finishing;
On-site repair and sale facility
Pipe Production Facilities
Residential unit for security purposes (single
Textile Mills; unit)

Tire Retreading and Recapping

Wood Product Manufacturing

Heavy/High Impact Industrial Heavy/High Impact Manufacturing Activities include high-impact or

Activities hazardous manufacturing processes

PRINCIPAL USES COMMON ANCILLARY USES

Animal Slaughtering; Leather Tanning; Ancillary medical facility

Battery Manufacturing and Storage; Ancillary indoor storage

Cement and Asphalt Manufacturing; Food preparation or dining area

Explosives Manufacturing; Associated office

Fertilizer and Other Agricultural Chemical Manufacturing; Employee recreational facility

Lime and Gypsum Products Manufacturing; On-site repair facility

Nonferrous Metals Production, Processing, Smelting, and Repackaging of goods

Refining;
Warehouse, storage
Paint, Coating and Adhesive Manufacturing;
Residential unit for security purposes

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Synthetic Dye and Pigment Manufacturing;

Urethane and Other Open-Cell Foam Product Manufacturing;

Petroleum and Coal Products Manufacturing and Refining;

Primary Metal Smelting; Rubber Manufacturing

Vinegar, Yeast and Other Pungent Odor-Causing Items

Production

Bulk Storage of Flammable Liquids Chemical, Cosmetics,

Drug, Soap, Paints, Fertilizers and Abrasive Products

Any Other Use That Is Potentially Dangerous, Noxious or

Offensive To Neighboring Uses

Research and Development Research and development activities include scientific research for the
Industrial Activities design, development, engineering, and testing of high technology
electronic, industrial or scientific products in advance of full-scale
manufacturing of final products. The only manufacturing uses in this
classification consist of the creation of prototype products, plans, or
designs for the primary purpose of research, development, or evaluation,
rather than sale

PRINCIPAL USES COMMON ANCILLARY USES

Research, Testing, and Development Laboratory Ancillary medical clinic

Biotechnology Firms Ancillary indoor storage

Environmental, Electronic and Similar Research Firms Associated office

Pharmaceutical Research Laboratories Cafeteria

Employee recreational facility

On-site repair facility

Outdoor storage,

warehousing

Residential unit for security purposes

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Construction Operations Construction Operations Activities include enclosed and unenclosed

Industrial Activities facilities and accessories for construction and storage activities and/or
fabrication activities performed by construction contractors on lots other
than construction sites

PRINCIPAL USES COMMON ANCILLARY USES

Storage and custom cutting of stone for interior Ancillary medical clinic
applications
Associated office
Storage and/or Fabrication for heavy Construction:
Cafeteria
 Bridge and Tunnel Construction
Residential unit for security purposes
 Highway and street construction

 Water, Sewer, and Pipeline Construction

 Power Lines, Communication and Transmission

Lines,

 Buildings Construction

Components and Equipment Storage for Special

Contractors:

 Concrete contractor

 Electrical contractor

 Glass and glazing contractor

 Painting and wall covering

 Plumbing, heating, and air-conditioning

 Carpentry, floor, and tile contractor

 Roofing, siding, and sheet metal contractors

 Masonry and drywall contractors

Components and Equipment Storage for Machine related

Contractors

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 Building equipment and Machinery installation

contractors

 Excavation contractor

 Water well drilling contractor

 Wrecking and demolition establishment

 Structural steel erection contractor , etc.

Freight Transportation Industrial Activities Firms involved in the provision of freight

handling and shipping services by air, rail or
by trucks as well as parking, maintenance, and
services for trucks and other heavy vehicles
and equipment.

PRINCIPAL USES COMMON ANCILLARY USES

Regional Freight Transportation Industry Ancillary indoor storage

 Airport; Associated office

 Rail yard Cafeteria

Freight/Truck Terminal Employee recreational facility

Truck Yard Outdoor storage yard

Truck Weigh Stations Residential unit for security purposes

Truck and Other Heavy Vehicle Service, Repair, and/or Truck fleet parking & maintenance area
Renting

Warehousing, Storage, and Firms involved in the storage or movement of goods for themselves or
Distribution Industrial other firms. Goods are delivered to other firms or the final consumer with
Activities little on-site sales

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Principal Uses Common Ancillary Uses

General Warehousing, Storage and Distribution Ancillary indoor storage

 Wholesale distributors of large furnishings; Associated office

 Food products and Cafeteria

 Auto parts Employee recreational facility

General Outdoor Storage: Outdoor storage yard

 Construction trailers, Residential unit for security purposes

 Outdoor sheds or Ancillary portable structures, Truck fleet parking & maintenance area

 Sites for storage of building materials that are not for

resale onsite.

 Stockpiling of sand, gravel, or other aggregate

materials

Self- or Mini Storage

 Mini-warehouse

 Multi-story enclosed storage facility

 Storage garage.

Container Storage

 Storage, repair, and “pre-tripping” of shipping

containers on open area.

 minor repair and cleaning of containers,

 rehabilitation of containers for other uses

Auto Salvage/Junk Yards

 Storage and dismantling of vehicles and equipment

for sale of parts.

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Waste-Related Industrial Establishments involved in recycling collection, intermediate processing,

Activities and other activities related to the storage and processing of used and waste
materials.

PRINCIPAL USES COMMON ANCILLARY USES

Animal waste processing Ancillary indoor storage

Landfill, incinerator Associated office

Manufacture and production of goods from composting Off-street parking

organic material
On-site refueling and repair
Recyclable material storage, including construction material
Recycling of material
Recycling Centers
Repackaging and shipment of by-products
Solid or liquid waste transfer station

Hazardous Materials, Storage, and Waste Management

Industrial Activities

 Small Scale Transfer and Storage Hazardous Waste

Management Activities

 Industrial Transfer/Storage Hazardous Waste

Management Activities

 Residuals Repositories Hazardous Waste

Management Activities

 Oil and Gas Storage

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TRANSPORTATION LAND USE ACTIVITIES

Passenger Terminals Public or commercial facilities for the takeoff and landing of airplanes and
helicopters, and terminals for taxi, rail or bus service.

PRINCIPAL USES COMMON ANCILLARY USES

Airport & Support Establishments Ancillary indoor storage

Heliports Associated office

Airline Terminals Concession

Bus Ranks/Terminals/Depots Freight handling area

Minibus Termini/Taxi Stands Fueling facility

Public Transport Interchanges Limited internal retail

Train Stations/Passenger terminal Maintenance facility

Parking Facilities that provide parking not Ancillary to a specific use for which a
fee may or may not be charged.

PRINCIPAL USES COMMON ANCILLARY USES

Short- and Long-Term Fee Parking Facility Structure intended to shield parking attendants
from the weather
Park-and-Ride Facility

Coach/Truck Parking

Surface Parking Plot

UTILITIES & UTILITY SERVICES

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Broadcasting & Transmit analog or digital voice or communications information between

Telecommunications Facilities or among points using electromagnetic signals via antennas, microwave
dishes, and similar structures.

PRINCIPAL USES COMMON ANCILLARY USES

Radio Broadcasting Tower and Antenna Control, monitoring, data or transmission

equipment
Television Transmission Tower and Antenna
Associated storage
Wired Telecommunications Carriers/Telephone Exchange
shelters,
Wireless Telecommunications Carriers
cabinets, towers,
Satellite Telecommunications
electrical equipment,
Wireless/Satellite Communication Towers & Antenna
parking areas,
Other Free Standing Towers

Energy Production & Distribution

PRINCIPAL USES COMMON ANCILLARY USES

Power Station (thermal, nuclear, hydroelectric, gas turbine, Control, monitoring, data or transmission
diesel, etc) equipment

Cableways and stations for the distribution of electricity shelters, cabinets, towers,

 High Voltage Substations & Bulk In-feed Substations electrical equipment,

(Switching Stations);Primary Substations (Zone
Substations) ; Distribution Substation parking areas,

 Overhead Transmission Lines

 Underground Cables

Gas Supply Facilities

 Gas production and storage facilities

 Gas distribution facilities

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Water Supply and Treatment

PRINCIPAL USES COMMON ANCILLARY USES

Water treatment and purification (including extraction from Control, monitoring, data or transmission
springs, rivers or aquifers) equipment

Water Storage and Distribution Places shelters, cabinets, towers,

 Reservoirs, water towers and pumping stations electrical equipment,

Sewage disposal and treatment works parking areas,

OPEN LAND USE ACTIVITIES

Agriculture – Land Based Land use directly associated with. Property associated with
predominantly outdoor agricultural operations (growing crops or raising
livestock), carried out on relatively large plots/areas.

PRINCIPAL USES COMMON ANCILLARY USES

Cultivated Places/Farms Residences,

 Crop, soil preparation, agricultural services Animal (including poultry)

 Floriculture, horticulture, row and field crops, processing, packing, treating, and storage,
viticulture provided that these activities are Ancillary
and secondary to normal agricultural activity
 Grain, fruit, field crop and vegetable cultivation
Associated offices
 Tree or sod farm, Silviculture
Barns, garages, sheds, silos,
 Grazing Places/Pasturage
Stables
Animal Breeding/Rearing, Major
Home occupations
 Livestock Production, major
Sales of agricultural products grown or raised
 Livestock breeding and development on the premises

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 Livestock veterinary services

 Animal products waste handling places

Wildlife Hunting, Trapping & Game Propagation

Agricultural Research Establishments

Forestry Places

 Plant nursery

 Outdoor Timber tracts

 Gathering of forest products

Agriculture – Site Based Property associated with farming activities that are usually carried out
indoors, but which may include an associated outdoor component.
Agricultural site based activities are divided into three subgroups:
housing animals, housing plants, and storage.

PRINCIPAL USES COMMON ANCILLARY USES

Animal service places Residences,

Animal living places processing, packing, treating, and storage,

provided that these activities are Ancillary
 Animal breeding places and secondary to normal agricultural activity

 Animal rearing places Associated offices

Animal product processing places Barns, garages, sheds, silos,

 Livestock, dairy, poultry and egg products Stables

 Poultry/Animal slaughtering and dressing Home occupations

 Milk processing places Sales of agricultural products grown or raised

on the premises
 Packing places

 Animal products waste handling places

Housing Plants (glass houses, indoor nursery, mushroom

production, market gardens)

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Packing facility for fruits or vegetables

Granaries/silos; tractor/Machinery shed

Sale of agriculture products

Resource Extraction Establishments characterized by uses that extract

minerals and other solids and liquids from land.

PRINCIPAL USES COMMON ANCILLARY USES

Dredging, earth extraction, clearing or grading Ancillary indoor storage

(timber cutting)
Associated offices
Drilling for oil or natural gases
Equipment storage
Mining and extraction establishments
On-site refueling and repair
Extraction of sand, gravel or minerals, borrow pit

Quarrying and stone cutting establishments

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2.3 REQUIREMENTS APPLICABLE TO ALL LAND USE ZONES

2.3.1 APPLICABILITY
2.3.1.1 The provisions of this Article shall apply to all new constructions including parking
lot construction or expansion. All building expansions with removal of more than
30% of existing walls facing a public street, or a street-facing elevation if the project
is landlocked; or removal of more than 50% of all existing exterior walls shall be
considered new construction.
2.3.1.2 Existing sites and buildings not in conformance shall meet the requirements of this
Article to the maximum extent feasible as determined in Part IV, Nonconformities.

2.3.2 MINIMUM PLOT SIZE & SIZE REQUIREMENTS

2.3.2.1 Every residential or other building erected on a plot created subsequent to the
effective date of this Development Control Code shall be in accordance with the plot
size requirement of the land use zone within which it is located.
2.3.3 SETBACK REGULATIONS
2.3.3.1 No plot area lying between the building setback line and the corresponding road
property line shall be used for storage of materials or equipment nor shall any hedge,
tree, ornamental shrubbery, concrete masonry wall or fence which cannot be viewed
through, be permitted in this area that will be an obstruction to the view at street
intersections.
2.3.4 DIVISION OF PLOTS
2.3.4.1 No improved plot shall be divided into two or more plots unless all plots resulting
from each such division shall conform to all applicable bulk regulations of the land
use zone in which the property is located.
NUMBER OF BUILDINGS ON A ZONING PLOT
2.3.4.2 Not more than one principal building shall be located on a plot, nor shall a principal
building be located on the same plot with any other principal building, except in the
case of multifamily buildings for multifamily developments, or townhouses, and in
all commercial, and industrial and other zones when it is explicitly allowed subject
to all other applicable sections of this Development Control Code.
2.3.4.3 In Villages’ Residential areas throughout the Country more than one (1) principal
building may be located on a plot provided that:

i) The overall intensity of the land use is not higher than that permitted in the
regulatory zone in which the project is located.

ii) Uses are limited to those permitted within the regulatory zone in which the
development is located (Permitted Use Tables).

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iii) The distance of every building from every property line shall meet the setback
requirements of the regulatory zone in which the development is located.

iv) Access and Parking requirements and standards are met.

2.3.5 PERMITTED USES – GENERAL PROVISIONS

Principal Uses

2.3.5.1 Permitted principal uses are set forth in Permitted Use tables for each of designated
regulatory zone.
2.3.5.2 Permitted principal uses are grouped by use activities which provide a systematic
basis for assigning land uses to appropriate regulatory Zone. The use activities used
in the Permitted Use Tables for each Regulatory Zone are listed in Table 2.2,
Detailed Classification of Land Use Activities

Ancillary Uses

2.3.5.3 Ancillary uses are allowed in conjunction with a principal use as set forth in Table
2.2, Detailed Classification of Land Use Activities. No Ancillary use may be
established on a site prior to the establishment of a permitted principal use.

Uses (Land Use Activities) Not Specifically Listed

2.3.5.4 Any use or activity not specifically listed in the Permitted Use Table for each
Regulatory zone is expressly prohibited unless the Relevant Planning Authority
determines that the activity is similar to a permitted use listed in this Development
Control Code. Where the similar permitted use (or activity) is subject to a use
standard or special use review, the proposed use shall also be subject to such
standard or approval. The Relevant Planning Authority shall not amend this
development code by adding to or eliminating any use standard for the proposed use.
2.3.5.5 Where a use (or activity) not listed is found by the Relevant Planning Authority not
to be similar to any other permitted use, its treatment shall be determined by the
Relevant Authorities applying the following criteria:

 The actual or projected characteristics of the proposed activity in relationship

to the stated characteristics of each use,

 The relative amount of site area or floor space and equipment devoted to the
activity;

 Relative amounts of sales from each activity;

 The customer type for each activity;

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 The relative number of employees in each activity;

 Hours of operation;

 Building and site arrangement;

 Types of vehicles used and their parking requirements;

 The relative number of vehicle trips generated;

 Signs;

 The likely impact on surrounding properties;

 Whether the activity is likely to be found independent of the other activities on

the site;

Developments with Multiple Principal Uses

2.3.5.6 Where applicable and when the principal uses of a development fall within different
uses (land use activities), each principal use (or activities) shall be classified or
treated individually and each use (or activity) shall be subject to all applicable
regulations for that use.

2.3.5.7 A development comprised of separate uses (or activity) shall be reviewed using the
most restrictive process from among the proposed uses (or activities).

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2.4 RESIDENTIAL LAND USE (REGULATORY) ZONES

2.4.1 PURPOSE
2.4.1.1 Residential land use regulatory zones are intended to create, maintain and promote a
variety of housing opportunities for individual households and to maintain the
desired physical character of existing neighborhoods. While the zones primarily
accommodate residential uses, non-residential uses that are compatible with
residential neighborhood are also allowed. Three groups of residential land use
zones are provided:

Residential Single-Family Regulatory Zones: (R-1, R-2)

2.4.1.2 These residential zones should be applied in villages, as well as other areas where
the land-use pattern is predominantly single-family residential or where such a land
use pattern is desired in the future.
2.4.1.3 Two single-family residential regulatory sub-zones are established, namely R-1, R-
2. These sub-zones are differentiated primarily on the basis of plot size and gross
residential density requirements.
2.4.1.4 The R-1 Single Family Residential Zone is intended to accommodate large plot
individual (single-family) house types at a density not exceeding 6 to 8 gross
dwelling units per hectare. This residential gross density assumes an average plot
size of 800 to 1000 m2, as well as 40 percent of non-residential uses that is required
for roads, civic, public and recreational facilities.
2.4.1.5 The R-2 Single Family Residential Zone is intended to accommodate small plot
single-family houses at a density not exceeding 15 gross dwelling units per hectare.
This residential gross density assumes an average plot size of 400 m 2, as well as 35
percent of non-residential uses that are required for roads, public and recreational
facilities.
Residential Suburban Land Use Zone (RSU)
2.4.1.6 The residential suburban zone is intended to accommodate new developments where
the land-use pattern is predominantly sub-urban in character or where such a land
use pattern is desired in the future. The RSU zone is intended to provide for a
variety of housing opportunities at intensities compatible with surrounding land
uses. The zone is intended to encourage residential infill on single plots and small
plots as well as new development on larger tracts. While the zone primarily
accommodates residential uses, nonresidential uses that are compatible with
residential neighborhoods are also allowed.

Residential Urban Land Use Zone (RU)

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2.4.1.7 The residential urban zone is intended to accommodate new developments where the
land-use pattern is predominantly urban in character or where such a land use
pattern is desired in the future. The RU zone is intended to provide for a variety of
housing opportunities at intensities compatible with surrounding land uses. The zone
is intended to encourage residential infill on single lots and small lots as well as new
development on larger tracts in traditional urban patterns that mimic established
portions of surrounding neighborhoods. While the zone primarily accommodates
residential uses, nonresidential uses that are compatible with residential
neighborhoods are also allowed.
2.4.1.8 The RU Zone is also intended to allow combinations of a variety of housing options
with public and commercial services at an appropriate neighborhood scale.
2.4.1.9 This chapter provides standards for land use and development in each of the
aforementioned residential land use zones, based on the following principles:

i) Provision of orderly expansion and improvement of neighborhoods.

ii) Make efficient use of land and public services and implement the
Development Plan

iii) Designation of land for the range of housing types and densities needed by the
community.

iv) Provision of flexible plot standards that encourage compatibility between land
uses, efficiency in site design, and environmental compatibility.

v) Provisions for compatible building and site design at an appropriate

Neighbourhood scale; provide standards that are in character with the
landforms and architecture existing in the community.

vi) Apply the minimum amount of regulation necessary to ensure compatibility

with existing residences, schools, parks, transportation facilities, and
neighbourhood services.

vii) Provision of direct and convenient access to schools, parks and neighbourhood
services.

2.4.2 HOUSING TYPES

2.4.2.1 In order to allow for a variety of housing options and to establish a common housing
terminology in the Country, the following housing types, as shown in Table 2.3, are
established and allowed by land use zones as set forth in the permitted use table for
each zone. Character examples are provided for illustrative purposes only.

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Table 2.3: Housing Types

SINGLE FAMILY DETACHED – A plot located and

designed to accommodate a single-family detached residential
house containing one dwelling unit located on a single lot with
private yards on all four sides.

SINGLE FAMILY ATTACHED:

SEMI-ATTACHED: A single-family attached residential

house with two attached dwelling units located on two separate
plots that share a common wall along a lot line.

DUPLEX: Two attached dwelling units located on a single lot

(called a duplex). The units may be located on separate floors
or side-by-side.

LIVE-WORK HOUSE: An attached or detached building

with residential uses, commercial uses, or a combination of the
two within individually occupied live-work units, all of which
may occupy any story of the building

TOWNHOUSE: A multifamily residential building with

three to eight attached dwelling units consolidated into a single
structure. Each unit is separated by a common side wall. A
townhouse is more than one story in height; however, units are
not vertically mixed. Each unit has its own external entrance.

RESIDENTIAL FLATS: A multifamily residential building

containing three or more dwelling units consolidated into a
single structure. Dwelling units within a building may be
situated either wholly or partially over or under other dwelling
units. The building shares a common entrance.

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MULTI- FAMILY ATTACHED: A single storey

multifamily residential building with three to eight attached
dwelling units consolidated into a single structure. Each unit is
separated by a common side wall. Each unit has its own
external entrance.

COURT HOUSE: A structure located and designed to

accommodate a building with common walls on both side lot
lines and a private garden to the rear.

LINED BUILDING: A large footprint building such as a

parking garage, cinema, supermarket, etc., which is surrounded
by a liner building which conceals large expanses of blank
walls and faces the street with ample windows and doors
opening onto the sidewalk.

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2.4.3 RESIDENTIAL LAND USE (REGULATORY) ZONES: PERMITTED USES

2.4.3.1 Table 2.4 identifies the land uses that are permitted in Residential Zones. Three
types of designations are provided:

 “P” means the use is permitted in the respective Land Use Zone subject to the
use standard, if applicable. Such use is also subject to all other applicable
requirements of this Development Control Code;

 “CU” means the use is permitted with a Conditional Use Permit.

 “N” designation means the use is not permitted.

Table 2.4: Residential Regulatory Zones: Permitted Uses

Regulatory Zone

Land Use Activity R-1 R-2 RSU RU Use Standard

Household Living

Single Family Detached Dwelling Unit P P P P

Single Family Semi-Attached Dwelling Unit P P P P

Single Family Attached – Two-Family (Duplex) P P P P

Townhouses N CU P P

Multifamily Dwellings/Flats/Apartments N CU P P

Upper Story Residential N CU P P

Live/Work Unit CU CU P P

Manufactured (mobile) Home CU CU CU N

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Regulatory Zone

Land Use Activity R-1 R-2 RSU RU Use Standard

When and if applicable, manufactured home parks

Residential Mobile Home Park should be limited to a Manufactured Home Park
Zone designated by Development Plan

Group Living

Boarding House /Rooming House N CU P P

Dormitory N CU P P

Nursing /Retirement Homes and Orphanages CU CU P P

Group home for mentally/physically disabled N N CU CU

Religious Quarters N CU CU P

Residential Camps/Barracks N N CU CU

Other Group Living Facility N CU CU CU

Day Care & Educational Facilities

Child Day Care/Pre-primary Education P P P P

Primary School P P P P

Children and Youth Centers CU CU CU P

Elderly Day Care Program CU CU CU P

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Regulatory Zone

Land Use Activity R-1 R-2 RSU RU Use Standard

Small Scale Tutoring or similar services CU P P P

Community Services

Museums & Libraries CU CU CU P

Police, Fire, Emergency Service Substation P P P P

Neighborhood Art Centre or similar Community

CU CU CU P
Facility (Public)

Medical (Outpatient) Care Services

General Clinics/Health Centers N N N CU

Specialist Clinics/Polyclinics N N N CU

Ambulatory Health Care Services CU CU CU P

Blood & Organ Donation Centers/ Banks N N N CU

Medical and Diagnostic Laboratories N N N CU

Parks/Open Spaces/Recreational Facilities

Open Spaces (Passive/Active) P P P P

Horticultural/Botanical Gardens P P P P

Community/Local Parks P P P P

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Regulatory Zone

Land Use Activity R-1 R-2 RSU RU Use Standard

Conservation/Protection Areas P P P P

Recreation Field (Play Area) P P P P

Civic Squares & Plazas P P P P

Heritage Sites & Monuments P P P P

Fitness (Gym) facilities CU CU P P

Golf Course, Country Club, Club house CU CU CU CU

Playgrounds (Pitches) for ball games P P P P

Places of Worship

All Places of worship CU CU CU CU

Transport & Utility Services

Bus /Taxi Stops/Stands P P P P

Cableways, substations and other basic utilities P P P P

Communication Towers CU CU CU CU

Commercial Services

Bed and Breakfast P P P P

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Regulatory Zone

Land Use Activity R-1 R-2 RSU RU Use Standard

Home Occupation CU CU CU CU

Small scale Convenience Store CU CU CU P

Upper Storey Residential (Mixed

Residential/Small-scale office or Retail Sales or N N CU P
services)

2.4.4 RESIDENTIAL ZONES – DEVELOPMENT STANDARDS

2.4.4.1 The development standards in Table 2.5 apply to all uses, structures, buildings, and
development, in the designated Residential Land Use Zones.
2.4.4.2 The Standards shall apply in situations where a Local Development Plan for a
community has not been prepared and/or approved and/or when such Plan does not
contain any area-specific regulations and development standards.
2.4.4.3 Development Plans may establish new and/or altered standards according to
characters and needs of areas for which they exercise jurisdiction.
2.4.4.4 In the event of any conflict between any provision of this Section and provisions of
a Development Plan, or its duly adopted portions, elements or amendments, the
Provisions of the Plan shall prevail.

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Table 2.5 – Development Standards for Residential Regulatory Zones

Residential Regulatory Zone

Standards R-1 R-2 RSU RU Comment

To be consistent with Development Plan

Gross Density (units/per hectare) 6-8 =<15
densities

Minimum Plot Area in square meters

Single Family Detached:

Conventional As per Urban Development Standards

Live-Work 500 500 500 500

Cottage 300 280 280 280

Single Family Semi- Attached 200 200 150 150 per unit

Duplex 400 400 300 300

Multifamily (Flats/Apartments) - 700 600 500

Townhouses - 700 600 500

Non-Residential Uses 1000 1000 900 900

Minimum plot sizes do not apply to parks/open space and recreational facilities permitted

Minimum Plot Width

Single Family Detached:

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Residential Regulatory Zone

Standards R-1 R-2 RSU RU Comment

Conventional As per Urban Development Standards

Live-Work 15 15 15 15

Cottage 14 14 14 14

Single Family Semi- Attached 9 9 8 8

Duplex 18 18 18 15

Multifamily (Flats/Apartments) - 20 20 20

Townhouses - 20 20 20

Non-Residential Uses 20 20 20 20

Plot Coverage (Min/Max Building Coverage)

R-1 R-2 RSU RU

SFD: Conventional 30/50% 30/50% 35/50% 40/70%

Live-Work 40/60% 50/70% 50/70% 60/70%

Cottage 60/70% 60/80% 60/80% 60/80%

Single Family Semi- Attached 40/60% 40/60% 50/70% 50/70%

Duplex 35/50% 35/55% 40/60% 50/70%

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Residential Regulatory Zone

Standards R-1 R-2 RSU RU Comment

Multifamily (Flats/Apartments) - 40/60% 40/60% 50/70%

Townhouses - 40/60% 40/60% 50/70%

Non-Residential Uses 30/50% 35/60% 40/60% 40/70%

Plot coverage for residential land use shall have an additional 5% coverage for the horizontal area of
covered patios and roof overhangs beyond 1.2m.

The allowable plot coverage shall take cognizance of emergency in and out; access and circulation; and
utility services.

Plot coverage shall be unlimited for underground developments, such as basement parking.

Plot Coverage sizes do not apply to parks/open space and recreational facilities permitted

In the situation where the application for residential development meets all minimum setback
requirements but exceeds maximum plot coverage the maximum plot coverage stipulation shall prevail
by means of increasing depth of a required rear as well as side setback

Building Setbacks

All front, rear and side (interior & street) setbacks, shall be measured from the edge of the right-of-
way. Side setbacks shall be measured from the side property line.

Setbacks shall be reserved as servitude areas to enable provision and maintenance of central utilities.

Depth of a required setback shall be measured at right angles to a straight line joining the foremost
points of the side plot lines.

Buildings shall have four types of setbacks – front, side (street), side (interior), and rear.

Rear and side setbacks for all residential building types shall be minimum 1.5m or a quarter of the
height of the tallest building, whichever is greater.

Front setbacks for all residential buildings shall be 5m.

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Residential Regulatory Zone

Standards R-1 R-2 RSU RU Comment

Building/Structure Heights (in storeys)

It shall be the responsibility of a Development Plan and/or Detailed Layouts to stipulate building height
standards for different residential zones in an area concerned.

Unless otherwise defined by a Development Detailed Layout Plan and/or Design Code, maximum
building height measured in storeys shall be as follows.

R-1 R-2 RSU RU

Single Family Detached:

Conventional G+1 G+1 G+2 G+2

Live-Work G+1 G+1 G+2 G+2

Cottage G+1 G+1 G+1 G+1

Single Family Semi- Attached G+1 G+1 G+2 G+2

Duplex G+1 G+1 G+2 G+2

Multifamily (Flats/Apartments) - G+3 G+4 G+5

Townhouses - G+1 G+1 G+1

Non-Residential Uses Permitted G+1 G+1 G+2 G+5

G = Ground storey, i.e. a floor that extends above natural ground level by more than 1.5 meters;

+1(+2) etc = Number of storeys above ground floor

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Residential Regulatory Zone

Standards R-1 R-2 RSU RU Comment

Frontage Percentage

Frontage percentage is the percentage of the width of a plot that is required to be occupied by its
building’s primary facade.

Unless otherwise defined by a Development Detailed Layout Plan and/or Design Code, minimum and
maximum frontage percentages for each plot/house type are set as follows:

R-1 R-2 RSU RU

Single Family Detached:

Conventional 60-80% 60-80% 60-80% 60-80%

Live-Work 70-90% 70-90% 70-90% 70-90%

Cottage 70-90% 70-90% 70-90% 70-90%

Single Family Semi- Attached 60-90% 60-90% 60-90% 60-90%

Duplex 60-90% 60-90% 60-90% 60-90%

Multifamily (Flats/Apartments) - 80-100% 80-100% 80-100%

Townhouses - 80-100% 80-100% 80-100%

Non-Residential Uses Permitted 60-90% 60-90% 70-90% 70-90%

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2.4.5 RESIDENTIAL ZONES – BUILDING SETBACKS & EXCEPTIONS

Residential Setbacks - Purpose

2.4.5.1 Residential setback provides space for private yards and building separation for fire
protection/security, building maintenance, sunlight and air circulation. The setback
yard standards contained in Table 2.5 are also intended to promote human-scale
design and traffic calming by diminishing the visual presence of garages along the
street and encouraging the use of pedestrian amenities, such as extra-wide sidewalks
and street furnishings in multiple family developments and in residential-
commercial projects. The standards also encourage the orientation of buildings to
provide street visibility for public safety and neighborhood security.

Build-To-Line:

2.4.5.2 All “new buildings” especially in RSU and RA zones shall be built to the front
setback line: (see also section 2.4.8 Building orientation)
2.4.5.3 All buildings shall be constructed at the build-to-line for at least 50 percent of the
front street façade area of the first floor, or first and second floors in buildings with
more than one floor.
2.4.5.4 All buildings shall be constructed at the build-to-line for at least 75 percent of the
side street façade area of the first floor, or first and second floors in buildings with
more than one floor.
2.4.5.5 Buildings may be set back from the front or street side property line to accommodate
shop entrances, arcades, plazas, sidewalk cafes, other approved urban design
amenities, or landscaping required.

Clear Sight Triangle

2.4.5.6 A visibility triangle shall be established on any corner plot or driveway. The
visibility triangle shall be formed by extending lines from the intersection of two
streets or driveway and street to set points from the corner of the intersecting streets
or driveway and then connecting the two points to form a triangle of a hypotenuse
length not less than 4.5m . No construction, planting or grading shall be permitted to
interfere with the sight triangle.

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Figure 2.1: Illustration of Clear Sight Triangle

Setbacks – Exceptions

2.4.5.7 The following architectural features may encroach into the setback yards except if
they extend into any easements:

 Chimneys, pre-fabricated chimneys, flues, or smokestacks may extend a

maximum of 1.2m.

 Building eaves or roof overhangs may extend up to 0.7m; provided that such
extension is at least 1m from the property line, its lower edge is at least 2m
above the ground elevation, and it is located at least 1.5m from any other
building or eave.

 Bay windows, entrances and similar features that are less than 3m wide may
extend up to 1m but shall remain at least 1.5m from the property line.

 Awnings or overhangs may extend into a required front setback provided they
do not extend into the public right-of-way without a right-of-way
encroachment permit. Awnings or overhangs over a public sidewalk shall be a
minimum of 3m clear height above the sidewalk and shall be a minimum of
1.5m deep.

Variation to setbacks

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2.4.5.8 A variation to the building setback requirements can apply to a development if the
development is designed to have minimal impact on neighbouring properties in
terms of building dominance (bulk and scale), sunlight access, privacy and
streetscape. A request for setback variation should address relevant matters listed
below:

 The position of adjacent buildings and their residential character

 The effect the setback variation has on sightlines and visibility for pedestrians
and vehicles

 Size, shape and/orientation of the plot

 The elevation of the proposed building or buildings which will face the street
and the proposed landscaping which is visible from the street

 The proposed location of any private open space, courtyard or landscaped

areas

 The proposed siting of the development with regard to sunlight, privacy and
views and any impact on any neighbouring property.

2.4.6 RESIDENTIAL ZONES – INFILL STANDARDS

2.4.6.1 The purpose of this section is to ensure compatibility of new development and
redevelopment of existing subdivisions. The setback and building height standards
stipulated here supersede those in Table 2.4 when a building or partition is proposed
on a subdivision plot in a Residential Zone that was subdivided and developed prior
to the effective date of this Development Control Code.

Contextual Infill Development Standards

2.4.6.2 These standards have been provided to allow an applicant (and the Authority) to
look at the surrounding context for guidance in residential construction and are
intended to reinforce the traditional character of established residential
neighbourhoods.

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Applicability

2.4.6.3 The contextual infill development standards shall be used on any residential project
that is surrounded on all sides by existing single-family detached or single-family
attached development.
2.4.6.4 Exceptions are large-scale -residential projects of one (1) hectare or more in size
which shall follow the applicable building standards stipulated either by the related
Development Plan or in Table 2.5.
2.4.6.5 These contextual infill standards shall not be used for non-residential developments
in residential Zones.

Plot Width

2.4.6.6 The minimum plot width requirement is the smaller of:

 The average width of the adjacent plots fronting on the same linear block; or

 The average of the widths for all other plots fronting on the same linear block;

Front Setbacks

2.4.6.7 Structures shall be located within the range of front setbacks on the street. This
range of setbacks shall be measured on the basis of the four plots surrounding the
project site (the two closest plots in either direction along the street).
2.4.6.8 The new structure shall be located within the range of setbacks (no closer than the
minimum setback, no further than the maximum setback). Where a setback in these
four plots is significantly out of the range of setbacks along the street, it may be
eliminated from the range.
2.4.6.9 Where the calculation of a range of setbacks is not practicable, the structure shall
follow the applicable building standards stipulated either by the related
Development Plan or in Table 2.5

Side Setbacks

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2.4.6.10 The minimum side setback for the respective Residential Zone shall apply.
However, if the side wall of an existing structure is located on or within 1 meter of
the adjoining property line, windows or other openings in the new structure that
would allow for visibility into the side yard of the adjacent plot are not allowed
unless a minimum 3-meter building separation is provided. Windows that do not
allow visibility into the side yard of the adjacent lot, such as clerestory windows or
translucent windows, are allowed regardless of the building separation.

Figure 2.2: Example of Contextual Setback Standards

2.4.7 RESIDENTIAL ZONES – BUILDING HEIGHTS

General Provisions

2.4.7.1 Buildings shall be constructed as of right, without neighbour consultation subject to

compliance with relevant height restrictions and other requirements.
2.4.7.2 Local planning authorities may refer the proposed building to the adjacent
landowner for comment in writing, of the type of building to be erected. Such person
may be invited to inspect the plans at Local planning authorities, and if the person so
desires, make a written submission within 10 days from the date of notification.

Building Height

2.4.7.3 All Land use zones shall have officially adopted height maps, which shall be made
part of the Zoning Map in their respective Development Plans or Design Codes.

i) No building or structure shall be erected or altered to exceed the maximum

height limit established for the respective Land Use Zone in the official height
map approved and adopted by the responsible local authority.

ii) The maximum height limits of the zone shall not apply to spires and domes not
intended for human occupancy, monuments, water tanks/towers, chimneys,
flagpoles, or other similar structures which, by design or function, shall exceed
the established height limits.

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iii) Additional height above that permitted in the Zone or shown on an officially
adopted height map may be permitted through the special exception process,
except for all single-family detached and single-family detached housing
types.

iv) Where no land use zone height map exists, the building height shall follow
standards stipulated in Table 2.5 along with the following building height
regulations:

2.4.7.4 Buildings of height equal to or less than 10 meters shall start from plot setbacks.

 For buildings higher than 10 meters, each portion above that height shall be:

 Set back from the inner line of each of the minimum side setback by a
minimum bulk plane of 1m horizontal distance for each 1m by which it
extends above the height of 10m; and

 Set back from the inner line of the minimum rear yard by a minimum
horizontal distance equal to 0.25 meter for each 0.5 meter by which it extends
above the height of 10 meters.

 The development shall not be detrimental in terms of overshadowing on

adjoining properties and streets.

Height Step-down

2.4.7.5 To provide compatible scale and relationships between new multi-storey buildings
and existing single-storey dwellings in the R-1 and R-2 Residential Zones, multi-
storey buildings and structures in other higher density zones shall “step-down” to
create a building height transition to adjacent single-story building(s) in the R-1 and
R-2 Zones, as provided in the subsections below:

 This standard applies to new and vertically expanded buildings and structures
in any zone that are within 6 meters (as measured horizontally) of an existing
single-story building in the R-1 and R-2 Zones with a height of 6 meters or
less, as shown in Figure 2.3.

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 The transition standard is met when the height of the taller structure (“x”) does
not exceed 1 meter of height for every one 1 meter separating the two
structures (“y”), as shown in Figure 2.3.

Figure 2.3: Height Step-Down/Transition

2.4.7.6 Exception: The provisions of the subsections above do not apply when the relevant
authority finds that the subject single storey buildings located within 6-12 meters of
the subject site are redevelopable. “Redevelopable,” for the purposes of this Section,
means a plot either has an assessed market value that exceeds the assessed market
value of all improvements on the plot, based on the most recent data; or the front
yard of the subject plot is large enough that it could be subdivided based on the
Residential Zones standards.

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2.4.8 RESIDENTIAL ZONES – BUILDING ORIENTATION

2.4.8.1 Purpose: The following standards are intended to orient buildings close to streets
to promote pedestrian-oriented developments. Placing residences and other
buildings close to the street also encourages crime prevention, natural surveillance
or security, and safety by having more “eyes-on-the-street.”
2.4.8.2 Applicability: This section applies to all developments that are subject to Site
Design Review, including developments that are reviewed as part of a Detailed
Layout Plan or Conditional Use application.
2.4.8.3 Building orientation standards: All developments that are subject to Section
2.4.8.ii shall have buildings that are oriented to a street. This standard is met when
all of the following criteria are met:

i) Compliance with the setback and build-to line standards.

ii) Except as provided in subsections iii and iv, below, all buildings in the
Residential Zones shall have at least one primary building entrance (i.e.,
dwelling entrance, a tenant space entrance, a lobby entrance, or
breezeway/courtyard entrance serving a cluster of units or commercial spaces)
facing an adjoining street, or if on a side elevation, not more than 6 meters
from a street sidewalk.

iii) Off-street parking, driveways, and other vehicle areas shall not be placed
between buildings and the street(s) to which they are oriented, as per
subsection 2 and Figure 2.4 except the following vehicle areas are allowed
where the approval body finds that they will not adversely affect pedestrian
safety and convenience:

 Schools, [multiple family buildings], assisted living facilities, and other

institutional uses may have one driveway not exceeding 6 meters in
width plus parallel parking located between the street and the primary
building entrance, provided that the building’s primary entrance is
connected to an adjacent street by a pedestrian walkway and the
driveway/parking area is crossed by a clearly defined pedestrian
walkway, as required by Section 3.2.3, Pedestrian Access and
Circulation. The intent of this exception is to use driveways that have
street-like features;

 Attached single family housing developments (townhouses) with street-

facing garages may have one driveway access located between the street
and the primary building entrance for every two dwelling units, provided
they meet the following criteria, as generally shown in Figure 2.4.

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Figure 2.4 – Townhouse Building Orientation

2.4.8.4 Where two abutting townhouses have street-facing garages, they shall share one
driveway access that does not exceed 5 meters in width where it crosses the
sidewalk and intersects the street;
2.4.8.5 All primary building entrances shall be connected to a driveway (and sidewalk) via
a pedestrian walkway that is not less than 1.2 meters wide;
2.4.8.6 The maximum number consecutively attached townhouses with garages facing the
same street is four (4) (two driveways); and
2.4.8.7 Street-facing garages shall be setback at least 6 meters from the street; where a
building is placed less than 6 meters from the street, the 6-meter garage setback may
be accomplished by recessing the garage behind the front building elevation.
2.4.8.8 Commercial buildings and uses (e.g., neighbourhood commercial or mixed-use)
shall have all of their off-street parking located behind or to the side of such
buildings and uses and screened from abutting houses as generally shown in Figure
2.5. Off-street parking shall not be located between any building and any street.

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2.4.8.9 Where a development contains multiple buildings and there is insufficient street
frontage to which buildings can be oriented, a primary entrance may be oriented to
common green, open space, plaza, or courtyard. When oriented in this way, the
primary entrance(s) and green, plaza, or courtyard shall be connected to the street by
a pedestrian walkway. See example in Figure 2.5 “acceptable site plan of
commercial building orientation in residential zones”.
Figure 2.5 – Commercial Orientation in a Residential Zone

2.4.9 RESIDENTIAL ZONES - VISUAL PRIVACY

2.4.9.1 Developments shall be designed to minimize the loss of privacy to adjacent
properties and buildings. Screening, offsetting of opposing windows, reduction in
windows areas and orientation of dwellings shall be provided to ensure visual
privacy.
2.4.9.2 A Privacy Report shall be submitted for all new and vertically expanded buildings
and structures in any zone that are within 6 meters (as measured horizontally) of an
existing single-storey building. The Report shall deliberate on how the objectives of
minimizing the loss of privacy can be met.
2.4.9.3 Unless otherwise stated in this Code or a Development Plan, visual privacy to
adjoining properties and buildings shall be maximized by:

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Ensuring windows and balconies of habitable rooms do not directly

overlook windows, balconies and open space of adjacent houses

Rear balconies are generally discouraged unless privacy issues have been
appropriately addressed through the careful design, location and
screening of rear balconies;
.

Splaying the location of windows to minimize direct views.

Offsetting windows so that windows of new houses or alterations and

additions are not directly opposite windows of adjacent houses.

No decks that directly overlook living areas of adjacent dwellings shall

be permitted unless suitable screening is provided to the satisfaction of
the responsible local planning authority;

Using windows which are narrow, translucent or obscured or have

window sills a minimum of 1.5 meters above the floor level;

The effective location of windows and decks to avoid overlooking is

preferred to the use of screening devices, high sills or obscured glass.
Outlooks from habitable rooms shall be directed towards either the street
or private open space rather than towards adjacent dwellings or
neighbor’s private open space.

Appropriate landscaping shall be designed to provide screening and

filtering for control of privacy and to reduce overlooking of dwellings

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Increasing (where applicable) building setbacks from the side boundary

2.4.9.4 With regard to screening for residential flat buildings the following shall apply:

 Where windows or balconies of dwellings are within 12 meters of windows or

balconies of other dwellings, some form of screening or reduction in window
areas shall be provided to ensure visual privacy.

 Windows and balconies of dwellings shall be separated or screened from

communal areas such as paths, driveways, active open space, etc. Screens may
include courtyard walls, hedges and fences. Separation may be either distance
or changes in level.

2.4.9.5 Any or all of the following measures may at the discretion of responsible local
planning authority be imposed to achieve visual privacy to the interior of adjoining
dwellings and their private open spaces.
2.4.9.6 Where direct overlooking occurs from window to window or window to private
gardens and screening is not feasible, there shall be a minimum separation of 6
meters or alternatively windows shall have a minimum sill height of 1500mm above
floor level.
2.4.9.7 Windows and doors shall be located to reduce overlooking and sound transmission.
Operable windows and doors and outdoor living areas shall be located to the front or
back rather than to the side of dwellings.
2.4.9.8 Where oblique overlooking occurs from window decks or balconies, and viewing
out is desired, measures such as fixed horizontal and vertical louver screens and
planter boxes shall be used. The height and projection of screens is to be determined
according to the sight line, assuming eye level is 1500mm.

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2.4.10 RESIDENTIAL ZONES - PARKING & GARAGES PLACEMENT

2.4.10.1 Parking requirements shall generally be in accordance with provisions of section 3.4
of this code.
2.4.10.2 Stacked parking (parking in front of an approved garage/carport) is acceptable
(except for sites on arterial roads), provided it is demonstrated that the car can be
contained in a 5.5 meter space within the property boundaries. This area shall not be
used for the regular storage of non-operational motor vehicles, caravans, trailers or
the like. Any stacked parking provided must not impede access to other dwellings on
the site.
2.4.10.3 Garages and carports are to be sited and designed so as not to dominate the street
frontage.

Figure 2.6: Design of Garages not to dominate street Frontage

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2.4.10.4 Tandem garage or garage/carport through to courtyard/open space combinations

shall only be permitted where the area required for parking is excluded from the
minimum private open space requirement.
2.4.10.5 Carports and garages shall be designed to be compatible with the dwelling design
and have a maximum width of garage or carport opening of 5.5 meters (or 6.1
meters where bin access is required). The entire garage (external dimensions) must
not be greater than 50% of the width of the dwelling fronting the street where the
garage/carport is to be located, or 5.5 meters (or 6.1 meters where bin access is
required), whichever is the lesser. Garages shall not visually dominate the
streetscape.

Figure 2.7: Garage Placement In Relation to Width of Building

2.4.10.6 Garages and carports shall be set back or in-line with the main building facade (front)
of the dwelling house, and set back not less 5.5 meters to the road frontage. If a
garage is proposed that would project forward of the main front wall of a house it
shall be necessary to demonstrate that the proposal will contribute to the creation of
an attractive streetscape in which garages would not be a dominant visual element. In
such cases the projection shall be limited to 1.5 meters. (see Figure 2.8)

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2.4.10.7 Figure 2.8: Garage setbacks in relation to main building facades

2.4.10.8 Garages shall be not permitted to be converted for accommodation /habitation

purposes, or used for the purpose of any trade, industry or manufacturing process.
2.4.10.9 The size of any garage shall not be more than 20m 2 (40m2 for a double garage). If
greater, any area in excess of this shall be considered to be floor space.
2.4.10.10 For multiple dwelling houses (Townhouses), dual occupancy houses, parking
in the case of each dwelling shall be separately accessible.
2.4.10.11 In the case of a dual occupancy development where a rear dwelling is behind a front
dwelling (at the street), for example, with a panhandle plot arrangement, vehicles
must be able to enter and leave the rear dwelling in a forward direction and, as such,
a maneuvering area shall be provided on site.
2.4.10.12 Figure 2.9 illustrate street-facing garage placement that applies to all Detached, Side
Yard, Semi-Attached, Duplex housing types. Alternative but equivalent
configurations may be permitted by the relevant Authority.

Figure 2.9: Street Facing Garage Placement in Detached (Side yard) housing types

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2.4.11 RESIDENTIAL ZONES – SPECIAL USE STANDARDS

2.4.11.1 This section provides standards for specific land uses and building types, as
identified in Table 2.5, that control the scale and compatibility of those uses within
the Residential Zone. The standards in this section supplement (are in addition to
and do not replace) the standards in Chapter 2.5 through 2.11. This Section applies
to the following uses and building types:

 Ancillary Dwelling

 Single Family Attached: Duplex Housing (or Dual Occupancy)

 Upper Storey Residential

 Multiple Family Housing & Townhouses

 Multi-Family Housing – Building Mass & Common Open Space

 Live/Work Housing Type

 Group Living Facilities

 Manufactured/Mobile Home Parks

 Existing Residential/Small-Scale Office Transition

 Neighborhood Residential/Commercial/Office Mix Uses

Ancillary dwellings

2.4.11.2 Ancillary dwelling (attached, separate cottage, or detached garage). Ancillary

dwellings shall conform to all of the following standards:

i) Floor Area: Ancillary dwellings shall not exceed 40% of the primary unit.
The unit can be a detached cottage, a unit attached to a garage, or in a portion
of an existing house;

ii) Exempt from Density: Ancillary dwellings are exempt from the housing
density standards of the Residential Zone, due to their small size and low
occupancy levels;

iii) Owner-Occupied: The primary residence or Ancillary dwelling shall be

owner-occupied.

iv) One Unit: A maximum of one Ancillary dwelling unit is allowed per plot;

v) Building Height: The building height of detached Ancillary dwellings (i.e.,

separate cottages) shall not be higher than principal structure;
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Single Family Attached: Duplex Housing (or Dual Occupancy)

2.4.11.3 Duplex Housing development provides increased housing choice and allows for the
intensification of residential densities within existing developed residential areas.
2.4.11.4 Sites that are better suited to dual occupancy developments include those with two
street frontages, such as corner sites or sites with rear lane.
2.4.11.5 Both dwellings shall have clear and direct access from a public street.
2.4.11.6 Subdivision of a dual occupancy may be permissible but only where the area of the
plot created is consistent with the minimum area for the erection of a dwelling
house.
2.4.11.7 A two-storey development shall only be permitted directly adjoining the principal
street frontage where there are no adverse privacy and overshadowing impacts, and
where it is compatible with the existing streetscape. If a detached dual occupancy
consists of one dwelling at the front of the site, and one behind at the rear, the rear
dwelling must be single storey.
2.4.11.8 Where it is proposed to locate the two dwellings in a detached dual occupancy, one
behind, the other with access to the rear dwelling by way of an access handle, there
shall be a minimum 2 meter separation distance between the external walls of both
dwellings (this is required even if subdivision is not proposed.)
2.4.11.9 Where the retention of an existing house for a detached dual occupancy is proposed,
it shall comply with the provisions of this Code. Consideration may be given to
relaxing setback and landscaping requirements, where necessary, to provide
driveway access to a rear dwelling.
2.4.11.10 Where the dwelling to be considered for retention is not considered by the
responsible local planning authority to be in good condition, upgrading of the
original house may be required so that materials and colors are compatible. The
responsible local planning authority shall also consider whether retention of an
existing dwelling can satisfy the requirements of the Building Control Code.

Traffic, Parking, and Design Compatibility

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2.4.11.11 Single-family semi-attached housing with three or more dwellings (plots), and
attached duplex housing (two or more consecutively attached duplexes), shall
comply with the standards in Sub-sections below, which are intended to control
development scale; avoid or minimize impacts associated with traffic, parking, and
design compatibility; and ensure management and maintenance of common areas.
o Alley Access Required for Subdivisions Principally Containing Semi-
attached houses or Duplexes: Subdivisions, or phases of subdivisions,
proposed to contain three (3) or more consecutively semi-attached single
family dwellings, and developments with two (2) or more attached duplexes
(4+ dwelling units), shall provide vehicle access to all such plots and units
from an alley or parking court. Alley(s) and parking court(s) shall be created
at the time of subdivision approval, and may be contained in private tracts or,
if approved by the relevant Authority, in public right-of-way.
o Common Areas: Any common areas (e.g., landscaping, private tracts,
common driveways, private alleys, building exteriors, and/or similar common
areas) shall be owned and maintained by a homeowners association or other
legal entity. A copy of any applicable covenants, restrictions and conditions
shall be recorded and provided to the Relevant Authority prior to building
permit approval.

Development on Arterial Roads

2.4.11.12 Dual Occupancy developments on arterial roads shall comply with the following
provisions:

 All vehicles shall be able to enter and leave the property in a forward direction.

 Maneuvering space shall be provided within the property to facilitate the above
sub-clause.

 Stack parking shall not be provided in front of garages.

 On corner plots, access shall be provided through the road with the lesser traffic

 Access to the dwellings shall be provided through one driveway only.

Upper Story Residential (Mixed Residential Flats/Apartments and Commercial

Development)

2.4.11.13 A mixed use development (Residential over Commercial or Upper Storey

residential) may be organized vertically within a plot. To ensure external and
internal compatibility of uses in such a development the following shall apply:

Form & Scale

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 Ensure that the scale, height and massing of a new development does not
overpower that of nearby existing buildings.

 The responsible local planning authority shall not grant consent to development
unless it is satisfied that such development is responsive to the established and
desired character of the streetscape and any adjacent public place.

 Mixed use (upper storey residential) buildings, particularly those near commercial
and town centers, may be taller or have greater site coverage than existing
neighboring developments. Where practicable, the perceived scale of the new
building or buildings shall relate to those of adjacent developments. (see Figure
2.10)

 The rear of new buildings shall, where possible, face the rear of existing
buildings. Careful attention shall be paid to the quality of spaces created at the
rear of buildings, especially when pedestrians will be passing through these
spaces, or when occupants of adjacent buildings will be looking onto them.

Figure 2.10: Example of Form and Scale in Mixed Residential Flats and Commercial
Development

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Uses and Compatibility

 When ground floor of upper residential unit includes restaurants and cafeterias (or
disturbance-producing activities of similar nature), the following shall apply:

 Special acoustic design shall be required to control noise transmission, and/or;

 Locating one or more floors of offices directly above the ground floor to act as a
buffer for upper residential floors;

Figure 2.11: Compatibility in Mixed Use Building

Courtyards Development

2.4.11.14 A courtyard layout is especially suitable for mixed use developments because it
incorporates a variety of spatial types, such as:

 Spaces along the street that are suitable for commercial tenants seeking high
profile customers and hoping to attract pedestrian traffic;

 Spaces located further back on the site that are suitable for businesses and
workplaces that do not require a street frontage;

 Quiet areas at the rear of the development that is highly suitable to residential use.

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2.4.11.15 Where plot size permits, courtyard developments may be arranged to face on to a
central open space, both at the ground level and at the upper floors. Adequate
separation distances must be maintained across the courtyard to ensure a good level
of visual and aural privacy.
2.4.11.16 The open space of a courtyard development shall, whenever possible, be accessible
to pedestrians only. If necessary, access shall be provided for service and emergency
vehicles, but generally cars shall not be permitted to drive through this area.
2.4.11.17 Car parking shall be located underneath or to the rear of the development.
2.4.11.18 Because courtyards offer a unique opportunity for creating peaceful or bustling
gathering places, special attention shall be paid to their planting and landscaping.

Figure 2.12: Examples of Courtyard Development

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Townhouses & Multi Family Housing: Plots Consolidation

2.4.11.19 Traditional residential subdivisions in the settlements throughout the Country

typically feature plots or subdivision pattern predominantly intended to
accommodate detached dwellings. The size and proportions of these plots, and the
blocks which they form part of, were not designed with medium to higher density
development in mind. As a consequence, medium density development requests on
individual plots tend to lead to high levels of site coverage. Achieving better quality
medium density development requires the consolidation of adjoining land parcels to
allow better site planning and provide better amenity. In this regard the following
shall apply:

 The responsible local planning authority shall not grant consent to the carrying
out of townhouse or multi-family housing development unless it is satisfied that
the area and configuration of the plot on which the development is proposed is
such that it:

o Has at least 25 meters of site frontage to a public street or other appropriate

public place;

o Does not unreasonably compromise the development potential of adjoining

plots;

o Allows for an acceptable level of amenity for residents and neighbours of the
proposed development at the density proposed.

 The responsible local planning authority may require the consolidation of more
than one existing residential plot for residential townhouse/flats development, in a
way that improves both the quality and variety of design.

 The consolidation of properties also enables development that maximizes the

potential of land to best achieve urban consolidation objectives. For this reason
also, the responsible local planning authority may not permit individual properties
being less than - metres between two developments in a manner that would limit
its future development potential for housing development and/or otherwise
impact on its value.

 Where consolidation has not been achieved through reasonable negotiation

efforts, plots of less than 25 meters site frontage shall be restricted to the
development potential otherwise achieved under the guidelines for one and two
storey single or dual occupancy residential development.

Multi-Family Housing – Building Mass & Common Open Space

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2.4.11.20 Where multi-family housing is allowed, it shall conform to all of the following
standards, which are intended to promote livability for residents and compatibility
with nearby uses. Figure 2.13 provides a conceptual illustration of the requirements
listed below.

 Building mass: The maximum width or length of a multiple family building shall
not exceed [25] meters from end-wall to end-wall, not including outdoor living
areas (e.g., porches, balconies, patios, and similar unenclosed spaces).

 Common open space: A minimum of [10] percent of the site area shall be
designated and permanently reserved as common open space in all multiple
family developments, in accordance with all of the following criteria:

o The site area is defined as the plot on which the development is to be located,
subtracting any required dedication of street right-of-way and other land for
public purposes (e.g., public park or school grounds, etc.);

o In meeting the common open space standard, the multiple family development
shall contain one or more of the following: outdoor recreation area, protection
of sensitive lands (e.g., trees preserved), play fields, outdoor playgrounds,
outdoor sports courts, swimming pools, walking fitness courses, pedestrian
amenities, or similar open space amenities for residents.

Figure 2.13 – Examples of Multiple Family Open Space

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o Historic buildings or landmarks that are open to the public may count toward
meeting the common open space requirements when approved by the relevant
authority;

o The relevant Planning Authority may waive the common open space
requirement for the first 20 dwelling units in a multiple family project that is
located within 300 meters (measured walking distance) of a public park, and
there is a direct, accessible pedestrian walkway or multi-use pathway
connecting the site to the park. If the park is not developed, or only partially
developed, the approval body may require the multiple family housing
developer to improve the park land in an amount comparable to that which he
or she would otherwise be required to provide in his or her development.

 Private open space: Private open space areas shall be required for ground-floor
and upper-floor housing units based on all of the following criteria:

o A minimum of 50 percent of all ground-floor housing units shall have front or

rear patios or decks measuring at least 5 square meters;

o A minimum of 60 percent of all upper-floor housing units shall have balconies

or porches measuring at least 5 square meters; and

o In the Residential-Commercial Zone, multiple family dwellings are exempt

from the private open space standard where the development contains
pedestrian amenities located between primary building entrance(s) and
adjoining streets.

 Refuse Bay: Refuse bays shall be oriented away from building entrances, setback
at least 3 metres from any public right-of-way and adjacent residences and shall
be screened with an evergreen hedge or solid fence or wall of not less than 1.8
metres in height. Receptacles must be accessible to refuse pick-up trucks.

Live/Work Housing Type

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2.4.11.21 For the purpose of this subsection the live/work housing type is defined as a
residential unit used as both living accommodation, which includes cooking space
and sanitary facilities in conformance with applicable building standards; and
adequate working space accessible from the living area, reserved for, and regularly
used by, one or more persons who reside in the unit.
2.4.11.22 All living space within the live/work unit needs to be contiguous with, and an
integral part of, the working space, with direct and internal access between the two
areas.
2.4.11.23 The working space within a single live/work unit shall be considered Ancillary and
shall not trigger occupancy separations within that unit.
2.4.11.24 Each unit shall include a kitchen and restroom facilities, consisting of a toilet,
shower and/or bathtub. Restroom facilities shall be provided to serve the commercial
portion of the unit. Individual public restroom facilities are not required within each
live/work unit when accessible public restroom facilities are provided elsewhere on
an accessible route within the building or building site.

2.4.11.25 Work space within a live/work unit may be used as an office, studio, gallery, or for
artisanal production involving the use of hand tools and small-scale, light
mechanical equipment. No business, storage or warehousing of material, supplies or
equipment shall be permitted outside of the unit.
2.4.11.26 Any activity that produces radio, TV, or other electronic interference; noise, glare,
vibration, smoke, or odour beyond allowable levels as determined by standards, or
that can be detected beyond the property line; is prohibited.
2.4.11.27 Any activity involving on-site retail sales, including garage sales exceeding the
thresholds of a temporary use, is prohibited, except that the sale of items that are
incidental to a permitted home occupation is allowed.
2.4.11.28 The following uses and uses with similar objectionable impacts because of motor
vehicle traffic, noise, glare, odour, dust, smoke or vibration, are prohibited:

 Ambulance service;

 Animal hospital, veterinary services, kennels;

 Auto and other vehicle repair, including auto painting; and

 Repair, reconditioning or storage of motorized vehicles, boats, recreational

vehicles, or large equipment on-site;

2.4.11.29 Advertising signs shall be limited to one unlighted wall sign no larger than 0.5
square meters in area, attached to the structure housing the live/work unit.

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Figure 2.1:4 – Examples of house plans used for home business activities

Group Living Facilities

2.4.11.30 Group living facilities shall be permitted in residential and other zones that permit
residential development, subject to the following:

 The Group home shall be operated in a manner that is compatible with the
neighbourhood and shall not be detrimental to adjacent properties as a result of
traffic, noise, refuse, parking or other activities

 The home shall maintain a residential appearance compatible with the

neighbourhood.

 The home shall meet all regulations/requirements, and all applicable housing and
building code requirements.

 Where abutting a residential use, visual buffers shall be provided so as to shield

all parking, outdoor service, and outdoor activity areas from abutting property.
Such buffers shall consist of trees or other vegetation of such height and depths or
an appropriate fence or wall or combination thereof as determined during the site
plan review process by the responsible local planning authority.

 All parking, loading and unloading, and deliveries shall take place from the rear
of the property or shall be sufficiently screened from view as set forth in Chapter
3.3, Section 3.3.6, Landscaping, Screening and Buffer Requirements.

Existing Residential/Small-Scale Office Transition

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2.4.11.31 The following standards shall be applied to allow for an orderly transition of land
use from residential to small scale office while maintaining a residential property
appearance and building scale for plots and parcels that meet the limited criteria
described below:

 Unless otherwise stipulated by a Development Plan, only a house existing on the

effective date of this Code that is located in a residential area and has a side plot
line immediately adjacent to a property zoned and/or used for commercial or
industrial uses and developed without a buffer zone is eligible to apply for a
Special Use Permit for Office Use.

 A residential side plot line of less than 25 Percent shall not qualify as a side plot
line for the above adjacency requirement.

 In addition to the requirements for Special Use Permits, an applicant for a Special
Use Permit under this Section shall also submit a site plan conforming to the
requirements of Application Procedures along with the Special Use Permit
application. Furthermore, an interior layout of the building shall be submitted
with the Special Use Permit application.

 Off-street parking shall be provided at 1.5 spaces per habitable room. For the
purposes of this Section, a habitable room includes foyers if used for reception
areas, work stations, offices, etc, but excludes restrooms, kitchens, porches
(enclosed or open) and utility rooms.

Figure 2.15: Example of Residential Appearance of Buildings by Retention of Front Lawns Free
from Vehicular Parking

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 All parking shall be paved and approaches shall be of hard surface.

 Maintenance of the residential appearance of the buildings shall be enhanced by

the retention of front lawns free from vehicular parking; therefore, parking shall
generally not be permitted in the front yard. (see figure 2.15) An exception to this
provision may be considered with the Special Use Permit application to recognize
existing garages or parking areas. All parking areas on the property (except
driveways) shall be behind the front building lines or the front plane of the
building and shall be located to the side or rear of the building, and shall not
encroach into any building lines adjacent to residential uses and screened from
the view of adjacent residences to a height of 1.8 meters by a solid screening wall
or fence, or dense shrubs and vegetation. Parking shall be screened from view of
the right-of way in accordance with the regulations set forth in Chapter 3.4,
Parking and Loading, of this Code. Existing garages may be counted toward the
parking requirements.

 Screening to a height of 1.8 meters by a solid screening wall or fence, or dense

shrubs and vegetation shall be required against side and rear yards adjacent to
property zoned /used as residential. However, the wall or fence may be reduced in
height if buildings on site reduce the impact of the office use, including parking,
and as the fence approaches the right-of way.

 New curb cuts or curb cuts required for increased traffic shall maintain required
separation distances.

 The use of the property for Medical Offices providing consultation, diagnosis,
therapeutic, preventative, or corrective personal treatment services by doctors, or
similar practitioners of medical and healing sciences for humans, licensed for
such practice by the relevant Authorities shall be considered on a case-by-case
basis and addressed in conditions of approval to describe what scale, if any, is
permitted with the Special Use Permit.

 Clinics and emergency centres are not permitted uses.

Manufactured/Mobile Home Parks

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2.4.11.32 If applicable and required, Manufactured/mobile home parks (including recreational

vehicles) shall be designated by Development Plans and/or Detailed Layout Plans
and permitted on parcels of one 0.5 hectares or larger, subject to compliance with
the subsections, below:

 Permitted uses: Single family residences, manufactured home park, manager’s

office, home occupations, and Ancillary structures that are necessary for the
operation and maintenance of the manufactured dwelling park (e.g., landscape
maintenance).

 Space: The minimum size pad or space for each dwelling is 250 square meters,
provided that the overall density of the park does not exceed 30 units per hectare.

 Setbacks and Building Separation: The minimum setback between park structures
and abutting properties is 1,5 meters. The minimum setback between park
structures and public street right-of-way is 4.5 meters. At least a 3-meter
separation shall be provided between all dwellings. Dwellings shall be placed a
minimum of 6 meter apart where flammable or combustible fuel is stored
between units. Park structures shall be placed no closer than 1.5 meters to a park
street or sidewalk/pathway. An Ancillary structure shall not be located closer
than 2 meters feet to any other structure or dwelling, except that a double carport
or garage may be built which serves 2 dwellings. When a double carport/garage
is built, the carport/garage shall be separated from all adjacent structures by at
least 1 meter.

 Perimeter landscaping: When manufactured dwellings are oriented with their

back or side yards facing a public right-of-way, the local Authority may require
installation of fencing and planting of a 4.5 meters wide landscape buffer between
the right-of-way and a manufactured home park for the privacy and security of
residents or aesthetics of the streetscape.

Neighborhood Residential/Commercial/Office Mix Uses

2.4.11.33 For the purpose of this subsection, neighbourhood commercial/ office uses shall
mean retail, office, and service uses to be contained in buildings or structures
located in residentially zones.

Permitted Uses

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2.4.11.34 The following neighbourhood commercial/office uses may be administratively

permitted in all residential zones. The responsible local planning authority shall
determine what uses shall be permitted which are not specifically listed below but
which it considers to be of similar nature:

 Any generally recognized retail business which supplies commodities on the

premises for persons residing in adjacent residential areas such as: groceries,
meats, dairy products, baked goods or other foods, flowers, pharmaceuticals,
lotions, hardware and similar commodities that require a retail character no
more objectionable than the aforementioned uses.

 Any personal service establishment which performs services on the premises for
persons residing in adjacent residential areas, such as: computer services, shoe
repair, tailor shops, beauty, barber shops, dressmaker, pharmacist, home
appliance repair, and similar establishments that require a retail character no
more objectionable than the aforementioned uses.

 Art galleries, artist studios, photographer’s studios and professional offices of

doctors, lawyers, dentists, architects, engineers, accountants, and similar or
allied professions;

 Restaurants or other places serving food, except drive-in or drive-through

restaurants;

Prohibited Uses

2.4.11.35 Activities specifically prohibited include: night/disco clubs drive-through facilities,

repair or service of motor vehicles and other large equipment, bars/taverns, retail
liquor sale, manufacturing processes which would normally require industrial
zoning, commercial uses with outdoor storage, any activity which may become a
nuisance due to noise, unsightliness, or odor; and any activity which may adversely
affect surrounding properties.

Conditions

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2.4.11.36 Parking for the above stated uses shall be one parking space per dwelling unit for
residential and three parking spaces per 100 square meters of net floor area for all
other uses. On-street parking along the street frontage of the mixed-use structure
may be counted toward the minimum required parking for nonresidential purposes.
An alternative parking plan may be submitted with the approval of the Relevant
Planning Authorities.
2.4.11.37 Any permitted use shall be permitted only if it has been reviewed by the responsible
local planning authority as an appropriate use for the surrounding residential
neighbourhood.
2.4.11.38 Each site shall be evaluated as to its potential impact on the surrounding residential
neighbourhood. Factors which shall be used in the evaluation and shall be approved
by the relevant local planning authority include, but are not limited to, the following:
hours of operation, off-street parking, noise, lighting, traffic (both vehicular and
pedestrian), deliveries and screening.
2.4.11.39 All business, servicing or processing use activities shall be conducted within
completely enclosed building.
2.4.11.40 All signage must be appropriate to the scale and character of the site and building.
Signage types permitted shall include awning, canopy, and wall signs as provided
for in Article 4, section 4.5.

Special Uses

2.4.11.41 Applications that do not meet the established standards set forth in the subsection
above may be submitted by applicants for approval pursuant to the Special Use
permit process. (Such uses shall be categorized as Special Uses and shall be
permitted only if they been reviewed by and approved by the responsible local
planning authority as an appropriate uses in the surrounding residential
neighbourhood).

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2.5 COMMERCIAL LAND USE (REGULATORY) ZONES

2.5.1 PURPOSE
2.5.1.1 This chapter provides zoning regulations for commercial developments. The
purpose is to provide guidance and flexibility for the development of compact,
mixed-use, pedestrian-friendly areas, and major traffic corridors. The regulations are
based on the five (5) commercial regulatory zone types described below. Depending
on the individual community, all of the zones may not be needed, or variations on
these land use zones may be appropriate. The provisions of this chapter, therefore,
should be adapted and tailored to meet a community’s needs in the context of the
objectives stipulated in section 2.1.3.
2.5.1.2 The commercial regulatory zones are intended to accommodate retail, service and
commercial uses and to ensure that commercial-zoned areas are compatible with the
character of existing neighbourhoods. While the zones primarily accommodate
commercial uses, residential and other compatible uses are also allowed in order to
promote live-work and mixed use opportunities.

Commercial Land Use (Regulatory) Zone 1: Neighborhood (Local) Centre

2.5.1.3 The Neighborhood (Local) Centre Regulatory Zone is intended to provide for
neighborhood serving commercial, office, and employment uses. This zone should
be adjacent and connected to the residential Zone(s) they are intended to serve.
2.5.1.4 The Zone typically range from 0.6-1 hectare and serve a population of
approximately 1,000 to 3,000 - Small Neighborhood Center. Larger zones may
contain up to approximately 4 hectares and serve a population of between 5,000 and
10,000. Both types of zones (centers) should be oriented to existing or planned
streets with pedestrian amenities, such as extra-wide sidewalks, street tree cutouts,
pedestrian-scale lighting, and street furnishings.
2.5.1.5 In this zone, vertical and horizontal mixing of residential uses are encouraged.
Compatible non-residential uses should be located within close proximity to the
established residential neighbourhoods they are designated to serve. Typical uses
contain up to 1500 square meters of floor area. Auto-oriented uses are not
appropriate in this zone.

Commercial Land Use (Regulatory) Zone 2 – Community Centre

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2.5.1.6 The Community Centre Regulatory Zone is intended to provide for commercial,
office, and employment uses that serve through traffic as well as surrounding
neighborhoods. Residential uses are allowed on the ground floor but upper storey
units are encouraged. Typical centers may range between 5 to 10 hectares. Uses in
this zone are intended to be located within convenient traveling distance from the
multiple neighborhoods they are designated to serve.

Commercial Land Use (Regulatory) Zone 3 – General Commercial

2.5.1.7 The General Commercial Regulatory Zone is intended to accommodate a very broad
range of high intensity commercial, office and employment uses that require highly
visible and highly accessible locations with direct access to major roadways.
Residential uses are allowed on the ground floor. Typical uses in this zone serve
regional needs. The permitted uses are generally uses not of a neighborhood or
general commercial type, but serve large areas of the Town/City and Zone.

Central Business District (CBD)

2.5.1.8 The CBD Regulatory Zone is intended to accommodate high-intensity office,

employment and residential uses within settlement/town core and/or main street areas,
and adjacent areas that have, or are planned to have, commercial and/or mixed-use
developments with a storefront character. The zone regulations recognize and support
settlement/town's core role as a center of regional/Zone of importance and as a
primary hub for business, communications, office, living, government, retail, cultural,
educational, visitor accommodations, and entertainment. The zone promotes vertical
mixed-use (residential/nonresidential) projects that contain active ground-floor uses.
Typically, this zone is designed to give priority to pedestrians.

Office General (OG)

2.5.1.9 The Office General (OG) Zone is intended to accommodate a broad range of
professional office uses and a range of civic and professional services. The Zone is
intended to be located along highways and adjacent to commercial uses to act as a
buffer between higher intensity commercial uses and lower intensity residential
uses.
2.5.1.10 This chapter provides standards for land use and development in each of the
aforementioned commercial and mixed use zones, based on the following principles:

 Allowing a mixture of complimentary land uses that includes housing, retail,

offices, commercial services, and civic uses, to create economic and social
vitality;

 Development of commercial and mixed-use areas that are safe, comfortable and
attractive to pedestrians;

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 Providing flexibility in the siting and design of new developments and

redevelopment to anticipate changes in the marketplace;

 Facilitating development (land use mix, density and design) that supports public
transit, where applicable;

 Provision of appropriate locations and design standards for automobile- and

truck-dependent uses.

2.5.2 PERMITTED LAND USES

Permitted Land Use Table

2.5.2.1 Table 2.6 identifies the land uses (or activities) that are permitted in Commercial
Regulatory Zones.
2.5.2.2 Three types of designations are provided:

 “P” means the use (or activity) is permitted in the respective Land Use Zone
subject to the use standard, if applicable. Such use is also subject to all other
applicable requirements of this development code

 “CU” means the use (or activity) is permitted with a Conditional Use Permit.

 “N” designation means the use is not permitted.

Table 2.6 Commercial Land Use (Regulatory) Zones: Permitted Use Table

Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Casino/Gambling N N CU P N

Disco/Night Clubs CU P P P CU

Bar, Tavern, Cocktail Lounges CU P P P CU

Cinema P P P P P

Theatres, Concert Halls & Arenas CU P P P P

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Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Galleries & Similar Function Rooms P P P P P

Exhibition Hall/Showroom N CU P P P

Convention Center N N CU P N

Bed & Breakfast Inn /Guest House P P P P P

Hotel/Motel/Lodge N CU CU CU CU

Youth Hostel N CU CU CU N

All restaurants except as listed

P P P P P
below:

Drive-in Restaurant N P P P CU

Brew Pub and other Drinking Places CU P P P N

All retail sales and services except as

P P P P N
listed below:

Art or photo studio, gallery P P P P P

Farmers Market CU CU CU CU N

Retail Sales Outdoor (vendor) CU CU CU CU CU

Vehicle parts and accessories N P P P N

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Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Finance & Insurance P P P P P

Real Estate, Rental & Leasing

P P P P P
Services

Professional Services P P P P P

Admin & Support Services P P P P P

Travel Arrangement & Postal

P P P P P
Services

Courier , Packaging, Delivering And

N CU CU CU P
Related Services

Self, Mini Storage, indoor multi-

CU P P P N
story

Warehouse N CU CU CU N

All Vehicle sales, rental, or leasing N P P P N

All Vehicle Services N/CU P P P N

Petrol Station (with or without

P P P P P
Convenience Store)

All Vehicle Repairs N CU CU CU N

All Wholesale Trade N N P CU N

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Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Small scale Clothing, textile or

N N CU CU N
apparel manufacturing

Lawn, tree or garden service N CU P P N

Light manufacturing or assembly of

N CU P P N
equipment, instruments, or goods

Lumberyard and wood products N N P CU N

Repair of Professional Instruments,

N CU P P N
electrical equipment

Small Scale Beverage Bottling N CU P P N

Small-scale Commercial Bakery CU P P P N

Printing, publishing, and lithography N CU P P N

All Commercial Parking N CU P P CU

Hospital N N P P CU

General/Specialist Clinics/Health
CU P P P CU
Centers

Blood & Organ Donation Centers/

P P P P N
Banks

Ambulatory Health Care Services P P P P P

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Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Medical and Diagnostic Laboratories P P P P P

All Places of Worship P P P P P

Labor and Political Organizations P P P P P

Business Associations P P P P P

Professional Membership
P P P P P
Organizations

Civic, Social, and other NG

P P P P P
Organizations

City/Town/ Local or Central

P P P P P
Government Offices

Embassies/High Commissions N N CU P P

Courts CU P P P P

Townhouses P P N N N

Multifamily Flats/Apartments P P P P N

Upper Story Residential P P P P P

Live/Work Unit P P P P P

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Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Boarding House /Rooming House CU P P CU N

Dormitory CU P P N N

Nursing /Retirement Homes CU P P P N

Religious Quarters CU CU P P N

Residential Home for the Elderly,

CU P P P N
Assisted Living Facility

Community Centers/Halls CU CU N P N

Museums & Libraries P P P P CU

Public Exhibition Halls & Studios N N P P N

Public Art Centre N N N P N

Philanthropic institution P P P P P

Police, Fire, EMS Substation P P P P P

Social Services N CU CU CU N

Child Day Care Center/Pre-primary

P P P P P
Education

Primary School P P P P P

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Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Secondary Schools P P P P P

Technical Education, Business and

P P P P P
Vocational Training

Academy (special training) P P P P P

Post-secondary Colleges P P P P P

Open Spaces (Passive/Active) P P P P P

Civic Squares & Plazas P P P P P

Community/Local Parks P P P P P

Heritage Sites & Monuments P P P P P

Recreation Field (Play Area) CU CU CU CU P

Indoor Sport Centers Fitness (Gym)

P P P P P
facilities

Indoor Entertainment Halls/Courts P P P P P

Multi-purpose Play/Convention
P P P P P
Centers

Playgrounds (Pitches) for ball games CU CU P P CU

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Regulatory Zones

Local Community General Office

Land Use Activity CBD
Centre Centre Comm. general

Bus /Taxi Termini/Stops P P P P P

Cableways, substations and other

P P P P P
basic utilities

Communication Towers CU CU CU CU CU

2.5.3 ZONES’ STANDARDS FOR MIXING OF PERMITTED USES

2.5.3.1 While the Commercial Regulatory Zones primarily accommodate commercial uses,
residential, public facilities and other compatible uses are also allowed in order to
promote live-work and mixed used opportunities in all land use zones. Percentages
of allowable mixing of permitted uses are provided below. Percentages are based on
the total square meters of floor area within a project and include areas within a
structure (floors of a building) and areas on the surface of the land (sidewalks, parks,
etc.) Parking, landscaping, and similar ancillary uses are calculated on a pro-rated
basis for each use category.
2.5.3.2 Location for the Commercial Regulatory Zone Uses

 Local Centre: 70% - 80% sq meters in commercial uses

 Community Centre: 65% - 75% sq meters in commercial uses

 CBD: 70% - 80% sq meters in commercial/entertainment/office/public facility

uses

 General Commercial: 75% - 85% sq meters in commercial uses /professional

office uses

 Office General: 65% - 75% in professional office uses

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2.5.4 DEVELOPMENT STANDARDS- UNDESIGNATED FRONTAGES

2.5.4.1 The development standards in Table 2.7 below apply to structures, buildings, and
developments in all Commercial Regulatory Zones.
2.5.4.2 The Standards shall apply in situations where a Local Development/Detailed/Site
Plan for a community has not assigned a frontage type to a specific property/zone.
(See 2.5.5 –designated Pedestrian, Urban, General or Commercial frontage
requirements).
2.5.4.3 It shall be the responsibility of a Development Plan and/or detailed Layouts to
designate frontage type for different commercial zones within plan designations;
2.5.4.4 In the event of any conflict between any provision of this Section and provisions of
a Development Plan, or its duly adopted portions, elements or amendments, the
Provisions of the Plan shall prevail.
2.5.4.5 It will be responsibility of a Development Plan and/or Detailed Layouts to stipulate
building height standards for different commercial zones in an area concerned.
Unless otherwise defined by a Development/Detailed Layout Plan and/or Design
Code, minimum building height measured in storeys shall be as assigned below.
2.5.4.6 Where the requirements of land use components involved demand different
standards or are in conflict with each other the requirements of the prominent or
most vulnerable land use shall take precedence.

Table 2.7 – Development Standards for Undesignated Frontages

Regulatory Zone

Local Community General Office

Standards CBD Comment
Centre Centre Comm. General

Consult
with local
authority
Minimum Plot Area (in square
400 400 - - 500 on Gen
meter)
Comm &
CBD min
stnds

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Consult
with local
authority
Minimum Plot width (in meters) 20 25 - - 20 on Gen
Comm &
CBD min
stnds

Floor Area Ratio: Minimum 0.3 0.5 0.7 2

Floor Area Ratio: Maximum 2 4(5) 5 >=7

Where G
Minimum Building Height G G+1 G+2 G+4 G+4 is Ground
Floor

Height transition or step-down

required adjacent to residential yes yes yes yes yes
development where applicable

Front Setback 0 0 0 0 0 meters

Side Street Setback 0 0 0 0 0 meters

Building Separation 0 0 0 0 0 meters

Minimum Parking Setback

From Street 1 1 1 1 1 meters

Abutting single-family and

3 3 3 3 3 meters
multifamily

Abutting non-residential 0.5 0.5 0.5 0.5 0.5 meters

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2.5.4.7 Building height “transitions” or step-downs shall be provided as illustrated in

Figure 2.16 below:

Figure 2.16 - Building height “transitions”

2.5.4.8 Setbacks in the General Commercial regulatory zone shall vary depending on
whether the site is located in a center/node, in which case the Community Centre
regulatory zone standards shall apply; or along a commercial strip, in which case
there may be buffering requirements along the major road.
2.5.4.9 In all Commercial Regulatory Zones, stand-alone public or private schools, places
of worship, libraries and other types of public buildings are exempt from the
building form standards and are only required to meet the general building
regulations of the Office General Regulatory Zone.
2.5.4.10 Structured parking is permitted in all Commercial Regulatory Zones fronting on any
street provided that all building form standards are met. Such buildings shall contain
active ground floor uses along the primary street for minimum depth of at least 8
meters.
2.5.5 DEVELOPMENT STANDARDS- UNDESIGNATED FRONTAGE
2.5.5.1 The building regulations in Commercial Regulatory Zones shall vary based on
frontage type assigned to a specific property and/or zone. (See Table 2.8)

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2.5.5.2 Four different building frontages and related building form standards have been
developed as set forth below regardless of the underlying commercial zone. These
regulations shall serve as a template for local Authorities and shall apply only in
situations where a Local Development Plan for a community in question has not
been prepared and/or approved. It shall be the responsibility of a Development Plan
and/or detailed Layouts to designate frontage type for different non-residential zones
within plan designations.

Table 2.8: Types of Designated Frontages & Their Description

Designated Frontage Description

The Pedestrian Frontage shall be used where the highest level of

walkability is desired. Buildings abut the street and sidewalk,
creating a “main street” like environment. There is no on-site
parking between the building and the street. On-site parking
areas are located to the rear of buildings. Entrances are
prominent and street facing. There are two entrances, a
pedestrian entrance facing the street and an ancillary automobile
entrance facing the rear.

The Urban Frontage shall be used where a moderate level of

walkability is desired. Buildings still abut the street and sidewalk
but with greater spacing in between to balance the needs of both
the pedestrian and automobile. There is no on-site parking
between the building and the street. However, parking areas can
be located to the side and rear of buildings. Entrances are still
prominent and street facing. There is a single entrance at the
corner of the building facing that serves as both an entrance for
customers arriving by foot and for customers arriving by
automobile.

The General Frontage should be used where easy access to

buildings by automobile is still desired but where some level of
walkability is still maintained. The General Frontage is intended
to accommodate development where the land-use pattern is
predominately urban in character or where such a land use
pattern is desired in the future. Buildings are set back further
from the street. Parking occurs in front of buildings but is
limited to one row of parking parallel to the street, a one-way
drive aisle and angled parking closest to the building. There is
usually a single entrance facing the primary street served by an
internal sidewalk.

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The Commercial Frontage should be used where easy access to

buildings by automobile is still desired but where some level of
walkability is still maintained. The Commercial Frontage is
intended to accommodate development where the land-use
pattern is predominately sub-urban in character or where such a
land use pattern is desired in the future Buildings are set back
further from the street to allow for easier access by automobile.
Parking occurs in front of buildings but is limited two bays with
a single drive aisle.

Table 2.9: Pedestrian Frontage Building Form Standards

Front Setback Area

Front Setback minimum (in meters): Built to-line (0-2.0)

Front Setback maximum (in meters): 4.5

Setbacks shall be reserved as servitude areas to enable provision and maintenance of central utilities

Required Building Frontage

The building façade must be located within the setback area for a minimum of 80% of the plot width along
a primary street, and 40% along any side street.

One of the intersections of the front and side building lines (the corner) shall be occupied by a building;

Eaves and upper floor bays, balconies and awnings are permitted to extend over the front property line to
within 1.5 meters of the curb, maintaining a minimum of 3 meters height clearance along public sidewalk
except as otherwise provided for signs, street lighting and similar appurtenances.

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Areas located between the building and the front or side property lines must be paved for pedestrians.

Plot Coverage

Buildings may occupy any portion of the plot behind the required building line, exclusive of any setbacks
required by this Development Control Code.

A contiguous open area equal to at least 5% of the total buildable area shall be preserved on every plot.
Such contiguous open area may be located anywhere behind the parking setback, at grade.

Side/Rear Plot Setbacks

On a plot where a common plot line is shared with a property located within a single-family residential
zone, the principal building shall be set back at least 3 meters from the shared plot line.

On a plot where a common plot line is shared with a property located within a multifamily or non-
residential building, the principal building may be set back from 0 to 3 meters from the shared plot line.

On plots having an alley access there shall be a minimum setback of 1.5 meters from the rear plot line

Parking & Garages

Parking Setback from main (primary) street: Min 4.5 meters behind Right of Way line.

Parking setback from the side street: Min 3 meters behind Right of Way Line.

Parking shall be located behind the parking setback line, except where parking is provided below grade. No
parking is permitted between the street and the building. This requirement shall not restrict on-street
parking.

Surface parking is permitted at the rear of the plot fully screened from the front property line by building.

Garage entries or driveways shall be located at least 25 meters away from any block corner or another
garage entry on the same block.

Garage entries shall have a clear height of no greater than 5 meters and a clear width no greater than 7.4
meters.

These requirements are not applicable to on-street parking.

Common Plot Line Treatment

Privacy fences may be constructed along that portion of a common plot line not otherwise occupied by a

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building.

Where a site abuts a residential property, a garden wall, 1.2 to 1.8 meters in height, shall be constructed
within 0.5 meters of the residential property line.

Building Height Requirements

Building height shall maintain a compatible scale with adjacent development and not unreasonably impact
upon existing amenity.

It shall be the responsibility of a Development Plan and/or Detailed Layouts to stipulate building height
standards for different zones in an area concerned.

Unless otherwise defined by a Development and/or Detailed Layout Plan, building height shall be a
minimum of 2 storeys and maximum of 5 storeys.

Ground Floor Elevation & Floor Height

For ground floor residential uses, the ground floor finished elevation shall be a minimum of 0.5 meter
above the adjacent sidewalk. There is no minimum for ground floor non-residential uses.

Allowable ground floor height is a minimum of 4 meters to a maximum 6.5 meters as measured floor to
floor.

Allowable upper floor height is a minimum of 2.7 meters to a maximum 3.6 meters as measured floor to
floor.

Building Entrance

A functioning entrance, operable during normal business hours, is required, facing the primary street. An
angled entrance may be provided at either corner of the building along the primary street to meet this
requirement.

A building located on two primary streets shall have either one entrance per frontage or provide one angled
entrance at the corner of the building at the intersection. Buildings located on corner lots shall meet all
applicable intersection sight distance requirements. Additional entrances off another street, pedestrian area
or internal parking area are permitted.

A minimum of 50% of the required entrance shall be transparent.

Recessed entrances shall not exceed 1 meter in depth and one floor in height.

Transparency Requirements

A minimum of 60% ground floor front façade between 0.6 and 3.5 meters above the adjacent sidewalk must

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be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 30% ground floor side-street façade between 0.6 and 3.5 meters above the adjacent sidewalk
must be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 30% of upper storey front façade measured floor to floor shall have transparent, non-
reflective vertically oriented windows.

Blank Wall Area

Blank lengths of wall exceeding 7 meters are prohibited on all building façades.

Table 2. 10: Urban Frontage Building Form Standards

Front Setback Area

Front Setback minimum (in meters): Built to line (0-2.0)

Front Setback maximum (in meters): 4.5

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Required Building Frontage:

The building façade must be located within the setback area for a minimum of 60% of the plot width
along a primary street, and 25% along any side street.

One of the intersections of the front and side building lines (the corner) must be occupied by building;

Eaves and upper floor bays, balconies and awnings are permitted to extend over the front property line
to within 1.5 meters of the curb, maintaining a minimum of 3 meters height clearance along public
sidewalk except as otherwise provided for signs, street lighting and similar appurtenances

Areas located between the building and the front or side property lines must be paved for pedestrians.

Plot Coverage

Buildings may occupy any portion of the plot behind the required building line, exclusive of any
setbacks required by this Development Control Code.

A contiguous open area equal to at least 5% of the total buildable area shall be preserved on every
plot. Such contiguous open area may be located anywhere behind the parking setback, at grade.

Side Setbacks

On a plot where a common plot line is shared with a property located within a single-family
residential zone, the principal building shall be set back at least 3 meters from the shared plot line.

On a plot where a common plot line is shared with a property located within a multifamily or non-
residential building, the principal building may be set back from 0 to 3 meters from the shared plot
line.

Rear Plot Setbacks

On plots having no alley access, there shall be a minimum setback of 4.5 meters from the rear plot
line.

On plots having an alley access there is no required rear setback.

Common Plot Line Treatment

Privacy fences may be constructed along that portion of a common plot line not otherwise occupied
by a building.

Where a site abuts a residential property, a garden wall, 1.2 to 1.8 meters in height, shall be
constructed within 0.5 meters of the residential property line.

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Parking & Garages

Parking Setback from main (primary), as well as side streets: minimum 2.5 meters behind Right of
Way line.

Parking shall be located behind the parking setback line, except where parking is provided below
grade.

Surface parking is permitted at the rear of the plot fully screened from the front property line by
building.

One row of parallel parking, a one-way drive aisle and angled parking may be located between the
building and the street. Where parking is provided between the building and the street, the 2.5 meters
parking setback area shall be planted

Garage entries or driveways shall be located at least 25 meters away from any block corner or another
garage entry on the same block.

Garage entries shall have a clear height of no greater than 5 meters and a clear width no greater than
7.4 meters.

These requirements are not applicable to on-street parking.

Building Height Requirements

Building Height is measured in storeys.

Building height should maintain a compatible scale with adjacent development and not unreasonably
impact upon existing amenity.

It will be responsibility of a Development Plan and/or Detailed Layouts to stipulate building height
standards for different zones in an area concerned.

Unless otherwise defined by a Development and/or Detailed Layout Plan, building height shall be a
minimum of 2 storeys and maximum of 5 storeys.

Blank Wall Area

Blank lengths of wall exceeding 7 meters are prohibited on all building façades.

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Ground Floor Elevation & Floor Height

For ground floor residential uses, the ground floor finished elevation shall be a minimum of 0.5 meter
above the adjacent sidewalk. There is no minimum for ground floor non-residential uses.

For allowable ground floor heights refer to the Building Regulations.

For allowable upper floor heights, refer to the Building Regulations.

Building Entrance

A functioning entrance, operable during normal business hours, is required facing the primary street.
An angled entrance may be provided at either corner of the building along the primary street to meet
this requirement.

A building located on two primary streets shall have either one entrance per frontage or provide one
angled entrance at the corner of the building at the intersection. Buildings located on corner plots shall
meet all applicable intersection sight distance requirements. Additional entrances off another street,
pedestrian area or internal parking area are permitted.

A minimum of 50% of the required entrance shall be transparent.

Recessed entrances shall not exceed 1 meter in depth and one floor in height.

Transparency Requirements

A minimum of 60% ground floor front façade between 0.6 and 3.5 meters above the adjacent
sidewalk must be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 30% ground floor side-street façade between 0.6 and 3.5 meters above the adjacent
sidewalk must be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 30% of upper storey front façade measured floor to floor shall have transparent, non-
reflective vertically oriented windows.

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Table 2.11: General Frontage Building Form Standards

Maximum Front Setback Area

Buildings shall be set back no more than 20 meters from a primary or side street right-of-way. The
building façade may be located anywhere between 3 and 20 meters from the right-of-way (at the
applicant’s discretion).

A single drive aisle serving parking spaces on one or both sides may be located between the building
and the right-of-way.

Side Plot Setbacks

On a plot where a common plot line is shared with a property located within a residential zone, the
principal building shall be set back at least 3 meters from the shared plot line.

Rear Plot Setbacks

On plots having no alley access, there shall be a minimum setback of 4.5 meters from the rear plot
line.

On plots having an alley access there is no required rear setback.

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Required Building Frontage:

The building façade shall be located within the setback area for a minimum of 60% of the plot width
along a primary street, and 30% along any side street.

Balconies and stoops shall not project closer than 1.5 meters to a common plot line.

No part of any building, except overhanging eaves, awnings, balconies, bay windows, stoops, and
shop fronts as specified, shall encroach beyond the required building line.

Awnings that project over the sidewalk portion of a street-space shall maintain a clear height of at
least 3 meters except as otherwise provided for signs, street lighting and similar appurtenances.

Plot Coverage

Buildings may occupy any portion of the plot behind the required building line, exclusive of any
setbacks required by this development code.

A contiguous open area equal to at least 5% of the total buildable area shall be preserved on every
plot. Such contiguous open area may be located anywhere behind the parking setback, at grade.

Parking & Garages

Parking Setback from main (primary), as well as side streets: minimum 2.5 meters behind Right of
Way line.

Parking shall be located behind the parking setback line. One row of parallel parking, a one-way drive
aisle and angled parking may be located between the building and the street. Where parking is
provided between the building and the street, the 2.5 meters parking setback area shall be planted;

Garage entries or driveways shall be located at least 25 meters away from any block corner or another
garage entry on the same block.

Garage entries shall have a clear height of no greater than 5 meters and a clear width no greater than
7.4 meters.

These requirements are not applicable to on-street parking.

Common Plot Line Treatment

Privacy fences may be constructed along that portion of a common plot line not otherwise occupied
by a building.

Where a site abuts a residential property, a garden wall, 1.2 to 1.8 meters in height, shall be
constructed within 0.5 meters of the residential property line.

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Building Height Requirements

Building Height is measured in storeys

Building height should maintain a compatible scale with adjacent development and not unreasonably
impact upon existing amenity.

It will be responsibility of a Development Plan and/or Detailed Layouts to stipulate building height
standards for different zones in an area concerned.

Unless otherwise defined by a Development, Detailed Layout Plan and/or Design Code, building
height shall be a minimum of 1 storey and maximum of 5 storeys.

Ground Floor Elevation & Floor Height

For ground floor residential uses, the ground floor finished elevation shall be a minimum of 0.5 meter
above the adjacent sidewalk. There is no minimum for ground floor nonresidential uses.

For allowable ground floor heights refer to the Building Regulations.

For allowable upper floor heights, refer to the Building Regulations.

Blank Wall Area

Blank lengths of wall exceeding 7 meters are prohibited on all building façades.

Transparency Requirements

A minimum of 60% ground floor front façade between 0.6 and 3.5 meters above the adjacent
sidewalk must be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 30% ground floor side-street façade between 0.6 and 3.5 meters above the adjacent
sidewalk must be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 20% of upper storey front façade measured floor to floor shall have transparent, non-
reflective vertically oriented windows.

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Building Entrance

A functioning entrance, operable during normal business hours, is required facing the primary street.
An angled entrance may be provided at either corner of the building along the primary street to meet
this requirement.

A building located on two primary streets shall have either one entrance per frontage or provide one
angled entrance at the corner of the building at the intersection. Buildings located on corner plots shall
meet all applicable intersection sight distance requirements. Additional entrances off another street,
pedestrian area or internal parking area are permitted.

A minimum of 50% of the required entrance shall be transparent.

Recessed entrances shall not exceed 1 meter in depth and one floor in height.

Table 2.12: Commercial Frontage Building Form Standards

Front Setback Area

The building façade may be located anywhere between 5.5 and 40 meters from the right-of-way (at
the applicant’s discretion).

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Required Building Frontage:

The building façade must be located within the setback area for a minimum of 50% of the plot width
along a primary street, and 25% along any side street.

Balconies and stoops shall not project closer than 1.5 meters to a common plot line.

No part of any building, except overhanging eaves, awnings, balconies, bay windows, stoops, and
shop fronts as specified, shall encroach beyond the required building line.

Awnings that project over the sidewalk portion of a street-space shall maintain a clear height of at
least 3 meters except as otherwise provided for signs, street lighting and similar appurtenances.

Plot Coverage (Buildable Area)

Buildings may occupy any portion of the plot behind the required setbacks required by this Code.

A contiguous open area equal to at least 5% of the total buildable area shall be preserved on every
plot. Such contiguous open area may be located anywhere behind the parking setback, at grade.

Side Plot Setbacks

On a plot where a common plot line is shared with a property located within a residential zone, the
principal building shall be set back at least 5 meters from the shared plot line.

Rear Plot Setbacks

On plots having no alley access, there shall be a minimum setback of 6 meters from the rear plot line.

On plots having an alley access there is no required rear setback.

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Parking & Garages

Parking Setback from main (primary), as well as side streets: minimum 2.5 meters behind Right of
Way line.

Parking shall be located behind the parking setback line. A single drive aisle serving head-in parking
spaces on one or both sides may be located between the building and the street. Where parking is
provided between the building and the street, the 2.5 meters parking setback area shall be landscaped;

Garage entries or driveways shall be located at least 25 meters away from any block corner or another
garage entry on the same block.

Garage entries shall have a clear height of no greater than 5 meters and a clear width no greater than
7.4 meters.

These requirements are not applicable to on-street parking.

Common Plot Line Treatment

Privacy fences may be constructed along that portion of a common plot line not otherwise occupied
by a building.

Where a site abuts a residential property, a garden wall, 1.2 to 1.8 meters in height, shall be
constructed within 0.5 meters of the residential property line.

Building Height Requirements

Building Height is measured in storeys

Building height should maintain a compatible scale with adjacent development and not unreasonably
impact upon existing amenity.

It will be responsibility of a Development Plan and/or Detailed Layouts to stipulate building height
standards for different zones in an area concerned.

Unless otherwise defined by a Development and/or Detailed Layout Plan, building height shall be a
minimum of 1 storeys and maximum of 5 storeys.

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Building Entrance

A functioning entrance, operable during normal business hours, is required facing the primary street.
An angled entrance may be provided at either corner of the building along the primary street to meet
this requirement.

A building located on two primary streets shall have either one entrance per frontage or provide one
angled entrance at the corner of the building at the intersection. Buildings located on corner plots shall
meet all applicable intersection sight distance requirements. Additional entrances off another street,
pedestrian area or internal parking area are permitted.

A minimum of 50% of the required entrance shall be transparent.

Recessed entrances shall not exceed 1 meter in depth and one floor in height.

Transparency Requirements

A minimum of 60% ground floor front façade between 0.6 and 3.5 meters above the adjacent
sidewalk must be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 30% ground floor side-street façade between 0.6 and 3.5 meters above the adjacent
sidewalk must be comprised of transparent, non-reflective windows into the commercial space.

A minimum of 20% of upper storey front façade measured floor to floor shall have transparent, non-
reflective vertically oriented windows.

Blank Wall Area

Blank lengths of wall exceeding 9 meters are prohibited on all building façades.

2.5.6 ADDITIONS AND NEW BUILDINGS ON NONCONFORMING SITES

APPLICABILITY

2.5.6.1 The provisions of this section shall apply to any commercial zone frontage or any
commercial development where a maximum setback applies.

PERMITTED ADDITIONS

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2.5.6.2 New additions shall meet the maximum setback and required building frontage
requirements to the maximum extent feasible. The following standards are
considered the minimum acceptable requirements. Where an existing building is
being modified, the standards apply to the ground level,
2.5.6.3 Addition A1: Not subject to maximum setback standard because addition has no
street-facing façade.

Figure 2.17: Addition to Existing Building Not Figure 2.18: Additions A2 & A3 Subject to
Subject to Maximum Setback Standards Maximum Setback Standards

2.5.6.4 Addition A2: Brings building closer to conformance with maximum setback
standard because it does not increase the length of the street-facing façade, and it
brings building closer to maximum building setback line.
2.5.6.5 Addition A3: Because addition increases length of street-facing façade, 100 percent
of addition must be within maximum setback until maximum setback standard for
entire building is met.

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PERMITTED NEW BUILDINGS

2.5.6.6 New buildings shall meet the maximum setback and required building frontage
requirements to the maximum extent feasible. The following standards are
considered the minimum acceptable requirements. Where an existing building is
being modified, the standards apply to the ground level, street-facing façade of the
entire building.
2.5.6.7 New Building B1: Not allowed because it moves site further out of conformance
with maximum setback standard.
2.5.6.8 New Building B2: Because building increases length of combined street-facing
façade on the site, 100 percent of building façade must be within maximum setback
until maximum setback standard for site is met.

Figure 2.19: Examples of Permitted and Non-Permitted New Buildings to an Existing Building

2.5.7 COMMERCIAL REGULATORY ZONES – COMMERCIAL BLOCK

LAYOUT
2.5.7.1 Developments containing 50 000 square meters or more building floor area shall
meet all of the following standards:

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i) The site shall be configured into blocks that have frontage onto streets, interior
parking courts or shopping streets (as generally shown in Figure 2.20 below).
All parking courts and shopping streets shall contain on-street parking (parallel
or angled parking), street- or court-facing building entrances and entrances at
or near (i.e., within 12 meters of) block corners, sidewalks, street trees, and
pedestrian lighting;
ii) Blocks shall not exceed 120 meters in length, and shall have a perimeter not
exceeding 500 meters;
iii) Pedestrian pathways shall connect the street right-of-way to building entrances
and the interior parking courts between buildings, as necessary to ensure
reasonably safe, direct, and convenient access to building entrances and off-
street parking;

Figure 2.20: Example of Shopping Street Configuration

2.5.8 COMMERCIAL ZONES – BUILDING AND STRUCTURE HEIGHT;

[BONUS FOR MIXED-USE]

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2.5.8.1 Height Bonus for Housing: The building height in designated commercial zones
may be increased by 3.0 meters when housing is provided above ground floor
commercial use(s), as generally shown in Figure 2.21. Where a second out is
required for fire safety, residences may have their entrances/out oriented to any
yard; such entrances need not be oriented to the street yard.

Figure 2.21: Building Height Bonus for Housing

2.5.9 COMMERCIAL LAND USE (REGULATORY) ZONES – PEDESTRIAN

AMENITIES
2.5.9.1 Purpose and Applicability: This Section provides standards for pedestrian
amenities when pedestrian amenities are required as part of new developments and
major remodels in Commercial Zones, and when pedestrian amenities are provided
to meet the requirements of other code sections. Pedestrian amenities serve as
informal gathering places for socializing, resting, and enjoyment along street
frontages and contribute to a walkable zone.
2.5.9.2 Standards: New developments and major remodels in the Commercial Zones and
other developments subject to the provisions of this section shall provide one or
more of the “pedestrian amenities” listed below, and as generally illustrated in
Figure 2.22 Pedestrian amenities may be provided within a street furnishing zone,
building frontage zone, or plaza, or within the pedestrian through zone.

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2.5.9.3 A plaza, courtyard, square or extra-wide sidewalk next to the building entrance
(minimum width of 1.8 meters);
2.5.9.4 Sitting space (i.e., dining area, benches, garden wall or ledges between the building
entrance and sidewalk) with a minimum of 0.5 meters in height and 0.8 meters in
width;
2.5.9.5 Building canopy, awning, pergola, or similar weather protection (minimum
projection of 1.2 meters over a sidewalk or other pedestrian space);
2.5.9.6 Public art that incorporates seating (e.g., fountain, sculpture).
2.5.9.7 Transit amenity, such as bus shelter and/or taxi stand/stop.

Figure 2.22: Example of Pedestrian Amenities

2.5.10

COMMERCIAL LAND USE (REGULATORY) ZONES – SPECIAL USE

STANDARDS
2.5.10.1 This section supplements the standards contained Sections 2.5.1 through 2.5.7. It
provides standards for the following land uses to control the scale and compatibility
of those uses:

 Tourism Related Accommodation (Refer to Guidelines)

 Petrol Station with/or without Convenience Store

 Farmers Market

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 Radio, TV, or Recording Studio

 Vehicle Service Garage

 Vehicle Sales, Rental, or Leasing Facilities

 Veterinary Clinics and Kennels

 Professional Consulting Offices

Petrol Station with/or without Convenience Store

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The primary building, including the full canopy, shall conform to applicable standards
provided in Sections 2.5.1 to 2.5.7.
2.5.10.2 Petrol pumps, tanks, vents and pump islands shall be located no closer than 10
meters to any side or rear property line or right-of-way.
2.5.10.3 No building shall be erected less than 4 meters from any boundary wall on the plot;
2.5.10.4 No sign of any type or any petrol pump or tank shall be located within 10 meters of
residential zone.
2.5.10.5 Where the facility is adjacent to any residential zone, there shall be a 100 percent
opaque 2 meters high visual barrier or screen on the property line abutting the
residential plot, provided such barrier or screen shall not restrict clear sight at any
intersection or driveway.
2.5.10.6 The Fuel canopy shall be located no closer than 5 meters to any side or rear property
line or right-of way.
2.5.10.7 The canopy shall not exceed the height of the principal building, but in no case shall
the canopy height exceed 6 meters.
2.5.10.8 The canopy shall be constructed of building materials consistent with that of the
principal building, including the roof.
2.5.10.9 The canopy shall be integrated structurally and architecturally into the design of the
principal building and shall be complementary to the overall color scheme of the
building façade from which it projects.
2.5.10.10 Canopy lighting shall not extend beyond the area beneath the canopy and all fixtures
shall be recessed, including any fixture or lens.
2.5.10.11 An Ancillary single-bay automatic (not self-service) car wash completely enclosed
except for openings necessary to allow entry and exit of vehicles shall be permitted
subject to the following:

 The car wash structure shall be located no closer than 6 meters to any side or rear
property line or right-of-way. The car wash structure shall be located no closer
than 15 meters to any side or rear property line adjacent to residential plot.

 The car wash structure shall meet all applicable building envelope standards and
shall not exceed a height of 6 meters or exceed an overall building dimension of 7
meters in width and 15 meters in length.

 The car wash structure shall be constructed of building materials consistent with
that of the principal building, including the roof.

 The car wash structure shall be located behind the rear building line of the
principal building. The structure shall be sited so as to discourage direct street
view of the facility. Direct street access is permissible only when appropriate

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landscaped areas such as, but not limited to, planter islands or other landscaped
features are used to screen from street.

2.5.10.12 Petrol filling stations shall meet all fire safety regulations and requirements.

 An Environmental Impact Assessment Study (EIA) shall be conducted prior to

the construction of any Petrol Station.

Farmers Market

2.5.10.13 The sales area shall be located in an area that will not disrupt the flow of traffic onto
and off the site or obstruct any handicap access or parking. Parking facilities shall be
evaluated to ensure that adequate parking is available during the approved operating
hours of the event.

2.5.10.14 The market shall conform to all applicable rules and regulations governing farmers
markets. It may not be permitted on vacant or unimproved land.
2.5.10.15 The market shall be limited to the sale of agricultural products which are the result
of the practice of agriculture. In addition, a producer may sell products produced by
not more than two other producers.
2.5.10.16 The market shall be limited in days and hours of operation so as not to interfere with
the surrounding land uses.

Radio, TV, or Recording Studio

2.5.10.17 Radio and television transmission towers shall be erected subject to the following
standards:
 Radio and television towers shall not be located in the approach or landing
zones of an airport or heliport.
 The application for a special use permit shall be accompanied by the written
recommendations from relevant government institutions.
Vehicle Service Garage
2.5.10.18 There shall be no dismantling of vehicles for salvage.
2.5.10.19 A maximum of one service bay door shall be permitted. The service bay door shall
be oriented towards the side or rear of the building and shall in no case face a
designated primary street. The service bay door shall be fully screened from view
from the public right-of-way and adjacent property.

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2.5.10.20 Service and repair activity may be conducted outside, to the rear or side of the
building but such activity shall be fully screened from view from adjacent property
and the public right-of-way.
2.5.10.21 For Service Stations, Ancillary uses shall include:
 Vehicle washing and lubricating services;
 The sale and servicing of tires, batteries, replacement items and other
automotive accessories;
 Minor automotive repair;
 Towing service limited to two (2) tow trucks.

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Vehicle Sales, Rental, or Leasing Facilities

2.5.10.22 Fixed lighting shall be shielded or have cut-off fixtures to prevent direct glare of
beams onto any adjacent public or private property or street.
2.5.10.23 No repairs other than minor repairs shall be performed on the premises and any such
minor repairs shall be performed only within the principal building on the premises.
2.5.10.24 Screening, consistent with a type C buffer shall be provided along all plot lines
abutting or adjacent to a residential use, to block any view of the use, its operations
and stored materials;
2.5.10.25 Outdoor display of rental vehicles shall be set back a minimum of 10 meters from all
plot lines abutting residentially zoned or developed property.

Veterinary Clinics and Kennels

2.5.10.26 A 100 meters separation shall be maintained between the outdoor areas where
animals are kept and any property line of any adjacent residential use.
2.5.10.27 A minimum 1.8 meter tall wall shall be installed and maintained between outdoor
areas where animals are kept and any property line of an adjacent residential use.

Professional Consulting Offices

2.5.10.28 The objectives of this subsection are:

 To facilitate the provision of basic health care services and other professional
services in locations convenient to existing and proposed residential
developments.
 To provide controls which will lead to the provision of professional consulting
offices which are compatible and sympathetic with adjoining residential
developments, be they detached or otherwise;

General Restrictions

2.5.10.29 Any site that has frontage to or gains access to a road which is subject to parking
restrictions; which is a national or local primary classified road shall not be
developed for the establishment or erection of a professional consulting office.

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2.5.10.30 Responsible local planning authorities shall not consider applications for
professional consulting offices on residential zoned land located within 200 meters
of a General or Neighborhood Commercial/Business Zone. Developments contrary
to the above shall need to justify the appropriateness, in that particular instance, of a
location away from a nearby commercial centre in terms of economic and residential
amenity impacts.
2.5.10.31 In order to avoid adverse cumulative impacts of non-residential development
concentrated in a residential area, the responsible local planning authority shall not
favourably consider an application for a professional consulting office adjoining, or
in close proximity to another professional consulting office, home business or other
non-residential uses in a residential zone. Development contrary to the above shall
demonstrate to the responsible local planning authority that the cumulative impacts
shall not be unreasonable for a primarily residential environment in terms of, but not
limited to:

 Vehicular traffic & parking;

 Noise emissions; and

 Sign proliferation

2.5.10.32 When considering an application for the establishment of a professional consulting

office, the responsible local planning authority shall consider the likelihood of the
development creating a traffic hazard, given its proximity to a frequently used
intersection, pedestrian crossing, traffic signals or the like.

Vehicular Access

2.5.10.33 Vehicular access off public road reserve shall be located so as to minimize traffic
impacts on the surrounding road network. Access shall avoid disturbances to
existing trees, sewer vents, service poles, light standards, transformer units and the
like which may be located in the sidewalk area, unless the applicant is able to make
arrangements for the relocation of the equipment not owned by the responsible local
authority or utility parastatal at no expense to the responsible local authority or
utility parastatal.
2.5.10.34 Car parking spaces and driveways associated with a professional consulting office
shall be arranged to facilitate safe and efficient vehicular access. Vehicles shall be
able to in and out the site in a forward direction with minimal on-site maneuvering.

Advertising

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2.5.10.35 One (1) professional consulting office sign shall be permitted within the front
setback area of the property on which a professional consulting office is established.
The sign shall:-
2.5.10.36 Have maximum dimensions of 0.5m x 0.5m;

2.5.10.37 Serve only to identify the name and profession of the practitioner and the hours of
operation.
2.5.10.38 One (1) standard doctor’s ‘cube’ may be erected in the front boundary setback of the
property.
2.5.10.39 Advertising in excess of the above shall not be considered by Responsible Planning
Authority. Elevation/site plans submitted as part of the application shall show any
advertising proposed.

Landscape Design

2.5.10.40 For the purposes of the establishment of a professional consulting office, applicants
shall submit a fully detailed landscape plan at Development Application stage.

Privacy

2.5.10.41 Extensions, new buildings or conversions used for the purposes of a professional
consulting office shall be designed so as to provide a reasonable level of visual
privacy. In particular, overlooking of windows associated with high use rooms, such
as living areas, and private courtyards shall be avoided through site planning,
staggered window placement, landscaping and other traditional screening measures
such as durable lattice screens, external venetian blinds, canvas blinds, window
hoods and shutters. These screening devices shall be compatible with the building
and fencing materials.

Drive-Up/Drive-In/Drive-Through Uses and Facilities

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2.5.10.42 When drive-up or drive-through uses and facilities are allowed, they shall conform
to all of the following standards, which are intended to calm traffic, and protect
pedestrian comfort and safety.
2.5.10.43 The drive-up/drive-through facility shall orient to an alley, driveway, or interior
parking area, and not a street [Figure 2.23];
2.5.10.44 None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing
areas, windows, teller machines, service windows, kiosks, drop-boxes, or similar
facilities) shall be located within 6 meters of a street and shall not be oriented to a
street corner. (Walk-up only teller machines and kiosks may be oriented to a street
or placed adjacent to a street corner);
2.5.10.45 Drive-up/in queuing areas shall be designed so that vehicles do not obstruct a
driveway, fire access lane, walkway, or public right-of-way; and
2.5.10.46 No more than one drive-up, drive-in, or drive-through facility shall be permitted for
a distance of 120 meters along the same block face (same side of street).

Figure 2.23: Drive-Up and Drive-Through Facilities

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2.6 INDUSTRIAL LAND USE (REGULATORY) ZONES

2.6.1 PURPOSE
2.6.1.1 This chapter provides regulations for a range of industrial and commercial uses in
three Industrial Regulatory Zones, namely Light Industrial/Business
Park/Employment Zone (LI), General Industrial (GI) and Warehouse Distribution
Zone. All zones are intended to provide for land use compatibility while providing a
high-quality environment for businesses and employees.

LI - LIGHT INDUSTRIAL/BUSINESS PARK/EMPLOYMENT REGULATORY

ZONES

2.6.1.2 The LI zone is intended to accommodate office, light manufacturing, research and
development; warehousing, wholesale and processing uses in order promote
economic viability, encourage employment growth, and limit the encroachment of
non-industrial developments within established industrial areas. The Zone is further
intended to encourage originality and flexibility in design to ensure that a
development is properly related to its site and to surrounding land uses.
Development should be operated in a relatively clean and quiet manner, and should
not be obnoxious to nearby residential or commercial use.

GI – GENERAL INDUSTRIAL LAND USE REGULATORY ZONE

2.6.1.3 The GI Regulatory Zone is also intended to provide suitable locations for high-
impact manufacturing and industrial uses (e.g., raw materials processing; and
manufacturing, assembly, packaging or distribution of heavy or large goods) that
would not otherwise be compatible in other Zones.

WD – WAREHOUSE /DISTRIBUTION (REGULATORY) ZONES

2.6.1.4 The WD Regulatory Zone is intended to accommodate a broad range of

office/warehouse, warehouse/distribution and wholesale uses. The zone is intended
to recognize the high traffic volume of these uses.
2.6.1.5 This Chapter guides the orderly development of industrial areas based on the
following objectives:

a) To provide for efficient use of land and public services;

b) To provide appropriately zoned land with a range of plot sizes for industry;

c) To ensure compatibility between industrial uses and nearby commercial and

residential areas;

d) To provide appropriate design standards to accommodate a range of industrial

uses;
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e) To provide attractive locations for business to locate; and

f) To accommodate mixed-use development of light industrial areas.

2.6.2 PERMITTED LAND USES

2.6.2.1 Table 2.13 identifies the land uses that are permitted in the Industrial Zones. Three
types of designations are provided:

 “P” means the use is permitted in the respective Land Use Zone subject to the
use standard, if applicable. Such use is also subject to all other applicable
requirements of this development code;

 “CU” means the use is permitted with a Conditional Use Permit

 “N” designation means the use is not permitted.

Table 2.13: Industrial Land Use (Regulatory) Zones: Permitted Use Table

Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

Industrial Uses

All Small-Scale Manufacturing P N N

All Light Manufacturing except as listed below: P CU P

Bulk Mailing Services P P P

Someters Drink Bottling P P P

Contractors, Building maintenance services

P P P

General Manufacturing

Plastics and Rubber Products Manufacturing; N P N

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Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

Chemical Manufacturing N P N

Heavy Equipment Manufacturing; N P N

Metal Foundries N P N

Glass Manufacturing; N P N

Paper Finishing; N P N

Pipe Production Facilities N P N

Textile Mills; N P N

Tire Retreading and Recapping N P N

Wood Product Manufacturing N P N

Heavy/High Impact Industry

Animal Slaughtering; Leather Tanning; N P N

Battery Manufacturing and Storage; N P N

Cement and Asphalt Manufacturing; N P N

Explosives Manufacturing; N P N

Fertilizer &Other Agricultural Chemical

N P N
Manufacturing;

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Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

Lime and Gypsum Products Manufacturing; N P N

Nonferrous Metals Production, Processing, Smelting N P N

Paint, Coating and Adhesive Manufacturing; N P N

Synthetic Dye and Pigment Manufacturing; N P N

Urethane & Other Open-Cell Foam Product

N P N
Manufacturing

Petroleum and Coal Products Manufacturing and

N P N
Refining;

Primary Metal Smelting; Rubber Manufacturing N P N

Vinegar, Yeast & Pungent Odor-Causing Items

N P N
Production

Bulk Storage of Flammable Liquids Chemical, N P N

Cosmetics, Soap, Paints, Fertilizers & Abrasive

N P N
Products

Any Other Use Potentially Dangerous, Noxious or

N P N
Offensive

Research and Development

Research, Testing, and Development Laboratory P P CU

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Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

Biotechnology Firms P CU CU

Environmental, Electronic and Similar Research Firms P CU CU

Pharmaceutical Research Laboratories P CU CU

Construction Related Operations

Storage and custom cutting of stone N P P

Storage and/or Fabrication for heavy Construction N P CU

Components & Equip. Storage for Special Contractor N P P

Components & Equip. Storage for Machine related

N P P
Contr.

Warehousing, Storage, & Distribution

General Warehousing, Storage and Distribution CU N P

General Outdoor Storage N N P

Self- or Mini Storage P N P

Container Storage CU CU P

Automotive Salvage/Junk Yards N P P

Airport & Related Freight Terminal N N P

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Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

Rail Yard N P P

Freight/Truck Terminal N P P

Truck Yard N P P

Truck Weigh Stations N P P

Truck and Other Heavy Vehicle Service, N P P

Waste-Related Industry

Animal waste processing N CU N

Landfill, incinerator N CU N

Manufacture of goods from composting organic

N CU N
material

Recyclable material storage N CU N

Recycling Centers N CU CU

Solid or liquid waste transfer station CU CU CU

Hazardous Materials, Storage, and Waste Management N CU N

Retail Services/Offices

Finance & Insurance P N P

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Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

Real Estate, Rental & Leasing Services P N P

Professional Services P N P

Admin & Support Services P CU P

Travel Arrangement & Postal Services P CU P

Courier , Packaging, Delivering And Related Services P P P

Cleaning Establishment P N CU

Catering Establishment P N CU

Radio, TV & Recording Studio & Related facilities P N P

Nursery (Commercial plants/Garden Center) P N N

Exhibition Hall/Showroom P N P

All Commercial Parking P N P

Wholesale Trade

All Wholesale Trade P P P

Vehicle Sales and Service

All Vehicle sales, rental, or leasing P P P

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Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

All Vehicle Services P CU P

All Vehicle Repairs P P P

Petrol Station (with or without Convenience Store) P P P

Passenger terminals

Heliports, Airport & Support Establishments CU P P

Bus/Train Stations/Passenger terminal CU CU CU

Minibus Termini/Taxi Stands P P P

Public Transport Interchanges P P P

Bus Depots P CU P

Utilities

All Minor Utilities P P P

All Major Utilities CU P N

Communication Towers and facilities CU CU CU

Commercial Uses

Fitness, Recreational Sports, Gym, Club P N N

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Industrial Regulatory Zone

Land Use (Activity) LI GI WD Use Standard

Indoor shooting range P N N

Indoor Entertainment Halls P N CU

Residential Uses

All Residential Uses (Household Living and Group

Living) allowed, if are built in conjunction with a
permitted commercial or industrial use P N P

(residential use is allowed above ground floor only)

Civic Use Category

Police, Fire, EMS Station P P P

Death Care Services P P P

School, Technical , Vocational, Business P N N

Blood & Organ Donation Centres/ Banks P N N

Medical Laboratories P N N

Local/Community Parks, Open Spaces, Civic Squares,

P P P
Plazas, Recreation Filed

All places of worship P P P

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2.6.3 INDUSTRIAL LAND USE (REGULATORY) ZONES – MINIMUM PLOT

SIZE
2.6.3.1 In order to provide functional plots with suitable road frontages, the following shall
apply:

 Subdivision for industrial purposes shall be on flat or gently undulating land,

and shall have potential for adequate infrastructure servicing to cope with
foreseeable demand.

 Each Plot which is created shall be of a suitable shape to allow for a well
landscaped industrial complex.

2.6.4 INDUSTRIAL LAND USE (REGULATORY) ZONES – PLOT COVERAGE

2.6.4.1 This section is intended to provide flexibility in development while ensuring some
provision of open space for landscaping and storm water management

 General Industrial (GI) Zone: Maximum plot coverage, including all impervious
surfaces: 80 percent.

 Light Industrial (LI) & Warehouse (WD) Zones: Maximum plot coverage,
including all impervious surfaces, 70% percent.

2.6.5 INDUSTRIAL LAND USE (REGULATORY) ZONES – SETBACKS

2.6.5.1 Purpose: Setback yards and buffers provide separation between industrial and
non-industrial uses for fire protection/security, building maintenance, sunlight and
air circulation, noise buffering, and visual separation.
2.6.5.2 Applicability: The setbacks and buffer standards stipulated in this section are
minimum standards that apply to buildings, ancillary structures, parking areas,
mechanical equipment, and other developments. In granting a Conditional Use
Permit, the Responsible Planning Authority may increase the standard setbacks
and/or buffers. The relevant Authority may also decrease the standard setbacks
and/or buffers through the Conditional Use Permit process, provided that all
applicable building and fire safety codes are met.

FRONT AND STREET SETBACKS

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2.6.5.3 For the purposes of this Code:

 "Primary Building Line" shall be defined as 7m from the front boundary of the
plot for GI zone, LI and WD zones and 5m for cottage industry.
 "Secondary Building Line" shall be defined as 6m from the front boundary of
the plot for GI zone and 4.5 m for LI and WD.
2.6.5.4 Unless otherwise defined by this Code or a development Plan, all buildings shall be
setback to the primary building line.
2.6.5.5 Buildings may encroach forward of the primary building line to the secondary
building line to achieve a "stepped" front elevation. This encroachment, however, is
not to exceed more than half of the width of the building at the primary building
line. (See figure 2.24)

Figure 2.24: Primary & Secondary Building Line for GI Zone

2.6.5.6 Setbacks shall be reserved as servitude areas to enable provision and maintenance of central
utilities, however provision of customer car parking shall be permitted within this
setback area, but the larger proportion is to be dedicated to landscaping. New
buildings, or additions to existing buildings, shall be designed to provide variable
building lines, particularly where comparatively large areas of customer car parking
are proposed within the front setback.
2.6.5.7 Corner plots or sites with dual frontage or frontage to a road and service street shall
have a setback of 4.5 meters from the second road frontage. Parking may be
accepted within this 4.5 meter setback as long as not less than a 2 meter wide
landscaping strip is maintained.

SIDE SETBACKS

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2.6.5.8 Unless otherwise defined by this Code or a Development Plan, there shall be
setback standards for side plot boundaries. These shall be related to the fire rating of
construction materials to be used, and shall be discussed with relevant authorities
prior to finalizing location of buildings or otherwise be as specified by the Building
Control Code of Botswana.
2.6.5.9 Exception is a minimum of 12- meter side yard setback for all Industrial Zones and
conformance with the height step-down standards stipulated in section 2.5.4, Sub
section iv, building height step – down standards, when an Industrial Zone (GI, WD
or LI) abuts a residential zone.

REAR SETBACKS

2.6.5.10 General Industrial (GI) Zone: Minimum of 6 meters where adjacent to a Commercial
or Industrial Zone, except common wall buildings with 0-setback are allowed;
2.6.5.11 Light Industrial (LI) and Warehouse Zones (WD): Minimum of 3 meters where
adjacent to a Commercial or Industrial Zone, except common wall buildings with 0-
setback are allowed;
2.6.5.12 Industrial Zone (GI, WD or LI) abutting a Residential Zone: Minimum of 12 meters,
and conformance with the height step-down standards in Section 2.5.4.

2.6.6 INDUSTRIAL REGULATORY ZONES – INDUSTRIAL BUFFERING &

SCREENING
2.6.6.1 Buffering: The relevant Authority may require landscaping, fences, walls or other
buffering that exceed the landscaping standards in Chapter 3.3, when it finds
through Site Design Review and Conditional Use Permit review as provided for in
Part IV of this Code, as applicable, that more or different buffering is necessary to
mitigate adverse noise, light, glare, and/or aesthetic impacts to adjacent properties.

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2.6.6.2 Pedestrian Access: The approval body may require the construction of pedestrian
access ways through required buffers to ensure pedestrian connections within large
developments, between multiple development phases, or connecting to public
sidewalks, walkways, or multi-use pathways.
2.6.6.3 Outdoor areas, including car parking areas, and outdoor storage areas are to be
appropriately landscaped.
2.6.6.4 Areas for landscaping shall be identified on development application plans.
Developers shall submit plans and details of proposed landscaping as attachments to
the Development Application.
2.6.6.5 The landscape plan shall also detail the position of existing street trees and show
the location of street plantings, which are required to ensure a minimum of 1 tree per
6 meters of street frontage. Proposed planting shall be consistent with existing trees
in the street or be selected from local species.
2.6.6.6 Where car parking is permitted (and included) within the front building setback
area, it shall not to take up more than 75% of that area. Alternatively, at least 25% of
the front building setback area shall be landscaped. The landscaped section shall be
located adjacent to the walkway, and integrated with it.
2.6.6.7 Existing trees and shrubs shall be retained where possible.

2.6.7 INDUSTRIAL LAND USE (REGULATORY) ZONES - PARKING

REQUIREMENTS
2.6.7.1 Provisions shall be made for off-street parking of vehicles (cars and trucks).
2.6.7.2 Parking requirements shall be in accordance with provisions set forth in Chapter
3.4, Parking and Loading of this Code.
2.6.7.3 Off-street parking facilities shall be located behind the building setback, but the
responsible local planning authority may approve provision of customer and
managerial parking spaces within the front setback area, provided adequate
provisions are made for landscaping and the parking shall not adversely impact on
the surrounding streetscape;
2.6.7.4 Where car parking areas are utilized at night, or are provided with lighting for other
reasons, provision shall be made for protection of the amenity of the neighborhood
from disturbance from light or traffic noise.
2.6.7.5 All vehicular parking areas are to be constructed of a hard standing, dust free and
weather proof surface, to the satisfaction of relevant authorities, and shall also be
appropriately line marked.

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2.6.8 INDUSTRIAL LAND USE (REGULATORY) ZONES - ACCESS &

MANEUVERING AREAS
2.6.8.1 A minimum 6 meters access width is to be provided at the property boundary.
Major traffic generating developments may require a greater access width.
2.6.8.2 No direct vehicular access shall be obtained from a Primary or major local road
except for those plots which maintain an existing access and, in the opinion of
relevant authorities, alternative access arrangements need not be made.
2.6.8.3 The entrance to a plot shall not be located in close proximity to an intersection. A
minimum distance of 30 meters shall be provided between an entrance and an
intersection with a major (primary/secondary) road.
2.6.8.4 Loading and unloading facilities are to be provided on-site such that service
vehicles are located wholly within the site and do not create conflicts with parking
areas.
2.6.8.5 Developments requiring service by semi-trailer units shall be designed to cope with
turning maneuvers of these vehicles.

2.6.8.6 Adequate space shall also be provided within the site for servicing, repair, and
refueling of vehicles if these activities will take place in conjunction with the
industrial development.
2.6.8.7 Vehicular crossings and laybyes shall be provided for satisfactory in/out.

2.6.9 INDUSTRIAL LAND USE (REGULATORY) ZONES - OUTDOOR

MANUFACTURING
2.6.9.1 Applications for proposed outdoor manufacturing uses shall be subject to approval
of a Conditional Use Permit in all industrial zones within settlements and/or adjacent
to residential and other developed areas.
2.6.9.2 Each applicant for an outdoor manufacturing use shall submit a plan of operation
which describes all aspects of the business, including, but not limited to:

 Number of employees;

 Hours and days of operation;

 Type of machinery, equipment and materials to be used and noise, vibration,

glare, odour and possible air pollution and other impacts which can be expected;

 Quantities and types of materials which shall be stored on the site and used in
the manufacturing process;

 Size of trucks, and the time and frequency of delivery of materials to the site;

 Size of trucks, and the time and frequency of removal of materials from the site;

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 Description of the quantities and properties of hazardous materials which shall

be used on the site;

 Description of any possible health and safety hazards that may exist due to
materials, equipment and processes involved in the proposed outdoor
manufacturing use; and

 Methods proposed to mitigate impacts from the proposed use.

2.6.9.3 Outdoor manufacturing uses shall be located a minimum of 1500 meters from a
residential use or public facility.
2.6.9.4 Outdoor manufacturing uses shall be located a minimum of 60 meters from
restaurant, office or retail uses or a commercial zone.
2.6.9.5 Outdoor manufacturing uses shall be appropriately screened on all sides.
2.6.9.6 Outdoor manufacturing and assembly uses shall only be allowed in conjunction
with a permanent building for office, restroom, and eating areas.

2.6.10 INDUSTRIAL LAND USE (REGULATORY) ZONES - STORAGE OF

MATERIALS
2.6.10.1 Under no circumstances shall materials intended for use in the manufacturing or
other industrial process, wastes or finished products, packaging or storage facilities
be stored in front of, or in view from a road on any industrial site.
2.6.10.2 Goods or products shall be stored out of sight and/or behind screening acceptable to
the responsible local planning authority, in a manner that can be safely and readily
accessed by service or emergency units, such as fire units.
2.6.10.3 Applications for outdoor storage areas shall be submitted with details of types of
goods or materials to be stored, manner of storage (i.e. stockpiling), maximum
storage height, and methods of protection of stored goods or materials and proposals
to screen the stockpiles from public areas with the development application.
2.6.10.4 All other loading/unloading, garbage or open work areas are to be located behind the
building alignment and shall be fully screened from the view of traffic.

2.6.11 INDUSTRIAL LAND USE (REGULATORY) ZONES - WASTEWATER

DISPOSAL
2.6.11.1 For development applications in areas where sewer reticulation is not available,
relevant authorities may impose a condition of approval, requiring that geotechnical
investigations be undertaken, prior to commencement of the development, to
determine suitable systems and disposal areas for on-site wastewater disposal.

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2.6.12 INDUSTRIAL LAND USE (REGULATORY) L ZONES - ANCILLARY

USES AND STRUCTURES
2.6.12.1 New residential dwelling units are not permitted in any Industrial Zone, except those
units serving a direct industrial function, such as a security/maintenance cottage. In
no case shall there be more than one such unit per industrial use or plot.
2.6.12.2 The responsible local planning authority may approve operation of a shop within an
industrial area for the purpose of a newspaper, confectionary, milk bar, small goods
and sandwich sales provided that:

 There are no entrances directly from the street to such businesses.

 There are no signs or other evidence indicating the existence of such businesses
visible from the outside.

 Patronage of such businesses may be substantially or wholly by tenants of the

office or industrial building.

2.6.12.3 The relevant local planning authority shall not approve a shop having a gross floor
area of more than 100 square meters unless it is considered that the amount of
development and the number of workers within the industrial area justifies a specific
proposal for additional floor space. The authority shall need to be satisfied that any
increase in floor area shall not prejudice the viability of any similar business in the
locality.
2.6.12.4 Industrial establishments may include Ancillary retailing. For purposes of this
subsection, Ancillary retailing is defined as retailing not exceeding twenty-five (25)
% of the gross floor area of the industrial building.
2.6.12.5 The following provisions for Ancillary structures shall apply in all industrial zones:

 Ancillary structures shall not be located in the front or street side setback or in
front of the primary structure.

 Ancillary structures shall meet all of the setback requirements of the applicable
use zone.

 Ancillary structures may not exceed the height of the primary structure.

 Ancillary structures shall be architecturally compatible with the primary

structure, i.e., similar building materials, architectural style, colour, etc.

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2.6.13 INFORMATION REQUIRED FOR PROPOSALS FOR INDUSTRIAL

DEVELOPMENT
2.6.13.1 Applicants for industrial site developments shall describe and provide information
regarding:

 Size and location of main and ancillary buildings required to service immediate
needs of the proposal;

 Size and location of such buildings as the proponent estimates will be needed
for expansion of the industrial activity in the foreseeable future;

 An estimate and description of staff amenities that shall be provided as part of

the development;

 An estimate of staff to be employed on the site, anticipated maximum visitor

levels, and traffic volumes generated to be generated by the development;

 Proposals for building setbacks, off-street parking, landscaping, security fencing

and lighting;

 A full description of the nature of industrial activities that will be carried out on
the site;

 Environmental Impact Assessment Report prepared to the satisfaction of the

Department of Environmental Affairs.

 Consideration may be given to an application which departs from any one or

more requirements of this Code. Any such application must be supported by a
written justification for such a departure.

 The relevant local planning authority may grant approval to such an application,
if it is satisfied that the applicant has justified the departure and the proposed
development achieves the general intents and purposes of this Code.

2.6.14 INDUSTRIAL LAND USE ZONES – SPECIAL USE STANDARDS

2.6.14.1 This section supplements the standards contained Sections 2.6.1 through 2.6.13. It
provides standards for the following land uses to control the scale and compatibility
of those uses:

 Light Industry;

 Asphalt Plants and Other Facilities for the Manufacture and Storage of
Chemicals, Petroleum Products, Explosives, and Related Products;

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 Concrete Manufacturing Plants

 Junk and Salvage Yards

 Self-Storage Facility

 Waste-Related Services

 Hazardous Material Disposal and Storage Areas

Light Industry

2.6.14.2 The following light industrial uses shall not be permitted in a designated industrial
zone if they are adjacent to a property whose primary use is residential:

 Catering facility;

 Commercial bakery;

 Printing and publishing and lithography;

 Sheet metal shop;

 Welding, machine, tool repair shop; and

 Woodworking;

 Asphalt Plants and Other Facilities for the Manufacture and Storage of
Chemicals, Petroleum Products, Explosives, and Allied Product

2.6.14.3 Asphalt plants and other facilities plants shall be permitted in area designated for
such purposes by a relevant planning authority, and subject to the following:

 The boundary of the property shall be at least 500 meters from any residential
use or zone.

 The use shall be totally enclosed by a security fence or wall at least 2.4 meters
high or enclosed within a fire proof building.

 All plans shall be reviewed by Fire and Emergency Authorities prior to approval
in order to determine that adequate protections for nearby residential and other
uses have been provided.

Concrete Manufacturing Plants

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2.6.14.4 Concrete manufacturing plants shall be permitted in areas designated for such
purposes by the relevant planning authority, and subject to the following:

 The facility shall not be within 500 meters of property zoned residential;
however, intervening roads, streets, railroads, and similar rights-of-ways shall
be included in the 500 meters measurement.

 The site may not be adjacent to an existing hospital, day care facility,
educational facility, place of worship, convalescent centre, or assisted living
centre.

 The site shall have direct access on a major (primary/secondary) or collector

road.

 Property boundaries facing public streets shall be fenced with a 1.8 meters high
fence and the fence shall preferably be two-thirds screened by vegetation at
planting.

 All internal roads shall be maintained in a dust-free condition. The access drive
from the site shall be paved with a surface of asphalt or concrete for a distance
of at least 30 meters from the right-of-way of the public road from which access
is taken. Provisions shall also be made to remove dust, dirt, mud or other debris
from the vehicles before they leave the site.

 The site shall have frontage on and access to a collector or secondary road,
provided the authority with jurisdiction over the subject road may approve
alternative access.

 All such plants shall be subject to the limitations on noise, dust, fumes, odours,
etc. of Chapter 3.8 of this Code.

Hazardous Material Disposal and Storage Areas

2.6.14.5 Hazardous material disposal and storage areas shall be permitted in areas designated
for such purposes by the responsible planning authority, and subject to the
following:

 The facility use shall comply with all applicable regulations of the country.

 The facility shall be located at least 500 meters from any residential zone.

 Maps and engineering drawings shall be provided showing proposed drainage,

proposed sewer system design, the depth of the water table, soil composition, all
existing surface water, and all existing uses within 500 meters of the property
line.

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 The site shall be enclosed by a fence or wall at least 1.8 meters high.

Waste-Related Services

2.6.14.6 Based on the hazardous nature of materials or substances to be treated, disposed,

stored or recycled on the site, all relevant agencies of Government shall consider and
may place conditions or delete particular material and substances based on:

 The site’s location in relation to public or quasi-public facilities where

considerable public assembly is anticipated including, but not limited to,
schools, hospitals, parks and institutions;

 The site’s location in relation to existing or expected employment areas;

 The site’s location in relation to zoned and/or developed residential properties,

and existing or anticipated areas of high population densities;

 The site’s location in relation to major transportation arteries and routing of

truck traffic and its proximity to other modes of transportation terminals;

Self-Storage Facility

2.6.14.7 The following activities shall be prohibited on the premises:

 Commercial, wholesale or retail sales, flea markets, or vending;

 Servicing, repair, or fabrication or motor vehicles, boats, trailers, lawn mowers,

appliances, or other similar equipment.

 Operation of a transfer-and-storage business;

 Operation of power tools, spray painting equipment, table saws, lathes,

compressors, welding equipment, kilns, or other similar equipment except when
needed for maintenance of the use;

 Any activity that is noxious or offensive because of odors, dust, noise, fumes, or
vibrations.

 Storage of hazardous chemicals, flammable liquids, or combustible and

explosive materials;

 Self-service storage facilities shall comply with the following standards.

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 All structures, including any rental office, must be set back a minimum of 7
meters from the right-of-way or the zone minimum setback, whichever is
greater.

 Where such sites abut residentially zoned properties, buildings adjacent to the
perimeter must face inward with their doors away from such areas.

 To ensure ease of access for emergency vehicles, no building shall exceed 90

meters in length. Spaces between ends of buildings shall be at least 10 meters.

 Use of the facility and its individual storage units shall be limited to storage
purposes only.

 Each individual unit shall be directly accessible from an apron that is improved
to the same standards generally required for off-street parking areas, and the
apron shall include an extension to the pavement on an adjoining street.

Scrap Yards

2.6.14.8 Scrap facilities shall be permitted in areas designated for such purposes by the
responsible local planning authority, and subject to the following

 The facility shall not be within 500 meters of property zoned residential;

 The facilities shall be enclosed by a fence and shall be screened from view. The
fence shall be 1.8 meters high, measured from the lowest point of grade. The
fence shall be maintained in good condition. No stored materials shall be visible
from ground level immediately outside the fence.

 A spill prevention and countermeasures plan shall be provided prior to

construction plan approval that includes, at a minimum:

 Cleanup procedures for spills occurring inside and outside the

establishment;

 Countermeasures for use in preventing spills;

 Routine cleanup procedures for work areas and parking areas.

 Existing Scrap yards that are in operation and do not comply with all of the
provisions listed above, shall provide an opaque screen (a fence or wall at least
1.8 meters in height but no more than 2.2 meters in height) to fully screen the
facility from off-site views, including views from rights-of-way and adjoining
properties. Additional screening shall not be required if no operations are visible

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from off-site. Fences or walls, when used, shall not be located within any sight
distance triangles at any intersection, but shall be set back to provide unimpeded
vision clearance for pedestrian and vehicular traffic.

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2.7 CIVIC & COMMUNITY LAND USE (REGULATORY) ZONES

(CIV)

2.7.1 PURPOSE
2.7.1.1 The purpose of the Civic & Community Zone (CIV) is to provide areas that are
suitable for educational, religious, recreational, and incidental support facilities in
order to serve the community. The Zone is intended to:

 Provide for civic uses that serve the surrounding neighbourhoods or produce
intensive civic activities that do not readily assimilate into other land use zones;

 provide accommodations for all uses necessary for the operation of large
institutional uses, including schools, colleges/universities and hospitals

 Support lands and facilities that are owned and operated by governmental or
non-profit entities.

 Support lands and facilities that serve and benefit the community.

 Provide for location and development of permitted and conditionally permitted

uses in a manner which protects the health, safety, and general welfare of
adjacent residential, commercial, and manufacturing uses.

2.7.2 PERMITTED LAND USES

Table 2.14: Permitted Land Uses In Civic & Community Land Use (Regulatory) Zones

Civic & Community

Regulatory Zone

Land Use (Activity) Status Use Standard

Day Care & Social Welfare Facilities. P

All places of worship P

Death care services CU

Inpatients/Outpatients health Care Services P

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Civic & Community

Regulatory Zone

Land Use (Activity) Status Use Standard

Community Services/Centres P

All Public Administrative offices, and Public Safety services P

Public (Non-Profit) Organizations P

Educational Institutions (Public or private schools, colleges, and

P
universities).

Parks and playgrounds P

Airports, airstrips, and landing fields; P

Cemeteries and crematories CU

Clubs, fraternities, and meeting places of a non-commercial nature CU

Housing for the elderly, and similar community-based residential

CU
facilities

Penal and correctional institutions provided that the site area is not less
CU
than one (1) hectare in area and does not abut a residential Zone.

Public passenger transportation terminals, such as bus and rail

CU
terminals, and heliports.

Recycling transfer stations. CU

Solar energy collectors erected as an Ancillary structure. CU

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Civic & Community

Regulatory Zone

Land Use (Activity) Status Use Standard

Transmitting towers, receiving towers, relay towers, and broadcast

CU
studios.

Utility substations, municipal wells, pumping stations, and towers

CU
provided that the use is not less than 15 meters from any plot line.

Wireless communications facilities CU

Permitted Ancillary Uses

Garages for storage of vehicles used in conjunction with the operation

P
of a permitted use

A playing field or recreational facility in conjunction with a permitted

P
main use

Residential quarters for caretakers P

Service buildings and facilities normally Ancillary to the permitted use P

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2.7.3 DEVELOPMENT STANDARDS

Table 2.15: Civic & Community Land Use (Regulatory) Zone - Development Standards

Plot Area and There is no minimum zone plot size or width. Unless otherwise stipulated by a
Width: Development/Detailed and/or Site Plan, the minimum plot size that allows
construction in this zone is 900 square meters and such plot shall be not less than 20
meters in width at the building line.

In the case of a hospital (general, medical or surgical), sanatorium, medical or

health centre, convalescent home, nursing home or similar health facility, no more
than 50 beds shall be permitted on a plot of not less than 0.5 hectare

Building area Not more than 40% of the total plot area may be occupied by buildings, and not less
than 45% of the total plot, exclusive of that area within the public right-of-way,
shall be devoted to landscaping and/or open spaces.

Height Unless otherwise stipulated by a Development/ Detailed and/or Site Plan, no

regulations building or structure shall exceed more than three stories.

Front Setback Unless otherwise stipulated by a Development/ Detailed and/ or Site Plan the front
setback for may be any distance from the front plot boundary. Setbacks shall be
reserved as servitude areas to enable provision and maintenance of central utilities

Rear and Side Unless otherwise stipulated by a Development/ Detailed and/ or Site Plan, uses and
Setbacks structures shall be setback from rear and side property lines in accordance with the
following:

Side and rear setback: Setbacks for civic and community shall be minimum 2.5m or
a quarter of the height for buildings more than 10m high. However, no setback
greater than 15 meters may be required.

Off-street parking and vehicular circulation areas shall be setback at minimum of

0.5 meters from any street and any other property line;

Projections into Cornices, eaves, canopies, decks, sunshades, gutters, chimneys, flues, belt courses,
Required leaders, sills, pilasters, lintels, ornamental features, and other similar architectural
Setbacks features may extend or project into a required front, side or rear setback area not
more than 1.5 meters.

Site Plan Review All developments in the CIV Zone shall be subject to the planning application
procedures as set forth in Part 4 of this DCC.

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2.7.4 CIVIC & COMMUNITY REGULATORY ZONE – SPECIAL USE

STANDARDS
2.7.4.1 This section supplements the standards contained Sections 2.7.1 and 2.7.2 and
Table 2.15. It provides standards for the following land uses to control the scale and
compatibility of those uses:

 Sensitive Community Facilities

 Preschool, Primary & Secondary Schools

 Colleges and Post - Secondary Educational Institutions

 Health Facilities

 Day Care Facility

 Police, Fire, Emergency Services

 Penal (Correctional) Institutions

 Cemeteries

 Places of Worship

 Community Service

SENSITIVE COMMUNITY FACILITIES

Group A

2.7.4.2 Facilities of territorial importance serving the wider public but not specific client
users and who would not require frequent services of the facilities: these facilities
include penal institutions, public mortuaries, funeral depots and parlors,
private/public cemeteries, crematoriums.

Group B

2.7.4.3 Facilities of more local significance serving specific client users who would require
frequent services of the facilities: these facilities include special medical and health
clinics, education facilities and social welfare services such as hostels and day
centers, orphanages and institutions for persons with disabilities.

LOCATIONAL FACTORS

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2.7.4.4 While the detailed site and locational requirements of community facilities are
discussed in the subsequent subsections of this section according to types, some
general planning principles of locating sensitive community facilities are considered
as follows:

 Land use compatibility aspect shall, as a matter of principle for planning of all
facilities, be a primary consideration in locating sensitive community facilities.

 Group A facilities shall normally require stand-alone sites and shall ideally not
be located directly next to or in close proximity to residential developments and
non-sensitive community facilities. Where some of the Group A facilities
unavoidably have to be located close to residential developments, buffer areas
with physical barriers shall be provided to separate sensitive community
facilities from existing and planned developments.

 In case of strong and valid justifications for certain Group B facilities not to be
located near residential or other development areas, the applicant for the Group
B facilities shall provide clear site identification criteria for a suitable site to be
reserved by the responsible local planning authority. Joint user development
may also be considered for optimum site utilization.

 It may be necessary to provide clear signage to ensure undisturbed access to

some Group B facilities for staff, users and visitors of the facilities where
appropriate.

PRESCHOOL, PRIMARY & SECONDARY SCHOOLS

Clustering of Schools

2.7.4.5 To utilize land and other resources more efficiently, preschool, primary and
secondary schools may be planned, where feasible, in either pairs or in clusters so
that the school facilities can be shared or the sites can be developed jointly as an
educational village. The opportunity for clustering and the types of facilities to be
shared shall however be determined on a case-by-case basis.

Location Guidelines

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2.7.4.6 As general principle/standards, educational facilities shall not be located close to

sources of air pollution or potentially hazardous installations or within the
compaction zone of landfills.
2.7.4.7 Educational Facilities shall be sited away from areas affected by significant noise.
If this is unavoidable, appropriate abatement measures shall be considered in
consultation with the Department of Environmental Affairs (DEA) and the Ministry
of Education (MoE).
2.7.4.8 All educational facilities shall be provided with emergency vehicular access to the
satisfaction of the Fire Department. They shall be safe from the danger of falling
objects from neighbouring buildings.
2.7.4.9 An educational facility located in or adjacent to any Residential Zone shall have its
principal vehicular entrance and exit on a collector road or on a local street within
60 meters of its intersection with a collector road, and subject to the following
standard:
2.7.4.10 All schools established in a Residential Neighbourhood shall have a front setback to
not less than 15 meters.
2.7.4.11 As far as circumstances permit, educational facilities shall be located in close
proximity of public open spaces and compatible institutions/community facilities
such as public libraries, community centers and indoor recreation centers but
excluding open sports grounds/stadium.
2.7.4.12 Educational Facilities shall be so located and distributed so that any in/out
movements and loading and unloading activities shall minimize local traffic
congestion.
2.7.4.13 Preschool facilities shall preferably be located within 0.4km measured radially from
residential areas. On their way to school, pupils shall not be expected to cross any
major roads which are not served by grade-separated or traffic light controlled
pedestrian crossings.
2.7.4.14 Facilities for Technical Education and Vocational Training shall preferably be
located near industrial areas.
2.7.4.15 Whenever possible, the school buildings shall be located in a site which enables the
classroom blocks to have their longest axis orientated east-west so as to minimize
the effects of the sun. The open play area and the ball courts of the school shall best
be located adjacent to the school building proper.

Open Space/Recreation Area

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2.7.4.16 Siting of a new educational facility shall seek to provide the maximum useable
recreation area within a site having regard to an overall plan for the siting, use and
access to such space. "Recreation area" is the total area of both indoor recreation
facilities and open air recreation space. The usability of an area relates to outdoor
spaces and shall be considered in terms of the shape, location, slope, physical
condition and access constraints of the area. In circumstances where site constraints
arise, the responsible local planning authority may favorably consider the use of an
alternative, off-site area for recreation purposes.
2.7.4.17 When considering the provision of open-air recreation space, schools and colleges
shall maximize the amount of useable open-air recreation space on site. As a
standard, a minimum rate of 20 square meters of open-air recreation space per
student shall be used. For the purposes of this calculation, car parking areas,
driveways, verandahs, service areas and the like are not included as open-air
recreation space.
2.7.4.18 If the existing ratio of open-air recreation space per student is less than the minimum
rate, then any proposal shall not result in a further reduction in the existing ratio. For
the purpose of providing shade for play, screening of buildings, the microclimate,
soil stabilization, visual quality, and existing trees on site shall be retained.

Siting of Development

2.7.4.19 School Buildings situated near property boundaries are to comply with the minimum
setback requirements applicable to that area. This requirement may be varied
depending on the nature of adjoining development and amenity issues including
privacy, noise generation, overshadowing and views.

Parking & Servicing

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2.7.4.20 Car parking and facilities for staff, visitors, students and service vehicles are to be
provided in accordance with the provisions of Chapter 3.4, Parking and Loading of
this code.
2.7.4.21 Notwithstanding the provisions of the Code for Off-Street Car Parking, the
responsible local planning authority may consider the use of stack parking, having
regard to the nature of the site and the circumstances of the case.
2.7.4.22 Car parking and servicing generated by commercial or community use of school
buildings, church halls and similar buildings shall be provided for on-site, and is to
be in addition to any car parking and servicing generated by the school or college
development. Consideration shall be given to the shared use of parking areas where
hours of operation of the commercial or community uses do not coincide with the
school or college's operation.
2.7.4.23 Access and out arrangements shall be in accordance with the provisions of this Code
for Off-Street Car Parking.
2.7.4.24 A laybye area adjacent to the principal entry gates or an internal driveway shall be
provided, to the satisfaction of the responsible local planning authority, for the
picking-up and dropping-off of students before and school. Provision shall be made
on-site for service and emergency vehicles.
2.7.4.25 Provision of a bus laybye area for the pick-up and drop-off of students shall be
made.
2.7.4.26 Provision shall be made to facilitate disabled persons access to parking spaces,
around the site and within buildings.

Landscaping

2.7.4.27 Development involving new buildings and works and development involving
alterations and additions to existing buildings shall be designed and undertaken with
the aim of protecting and retaining trees of significance.
2.7.4.28 Developments shall be designed and carried out in a manner so as not to damage any
significant trees located on land adjoining the school or college site.
2.7.4.29 Where appropriate, a landscape buffer shall be provided around the periphery of the
site to protect the aural and visual privacy of neighbours and the retention of
children within the school premises.
2.7.4.30 The responsible local planning authority may require the submission of a detailed
landscape plan along with the site plan at the development application stage.

COLLEGES AND POST - SECONDARY EDUCATIONAL INSTITUTIONS

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2.7.4.31 Campus Master Plan required: College and University master plans shall be
reviewed as Special Uses.
2.7.4.32 Standards for approval of Campus Master Plan: Campus Master Plans may be
approved if it is demonstrated that:

 The master plan provides for safe traffic and pedestrian circulation and
emergency access within the campus and at points of access.

 The buildings in the master plan comply with the bulk and use regulations of
this Code.

 The master plan provides for adequate parking for each phase of development as
it is occupied. Such parking may be provided at central facilities and park-and-
ride lots, and may be considered on a campus-wide basis.

 The more intensive campus uses (e.g., parking lots, athletic fields, classrooms,
student unions, and retail/restaurant uses) shall be located away from adjacent
single-family residential uses, and less intensive uses (e.g., faculty and
administrative offices, service buildings) are located between the intensive uses
and single-family residential uses. Where such a configuration is impracticable,
the uses shall be separated by a landscape buffer.

2.7.4.33 Consistency with Campus Master Plan is required. Any building or use that is
proposed shall be consistent with the approved campus master plan.
2.7.4.34 Amendment of Campus Master Plan: Any building or use proposed that is
inconsistent with the approved campus master plan shall first require the submission
and approval of a revised master plan. The revised master plan shall be reviewed
and approved in the same manner as a new master plan.

HEALTH FACILITIES

Location Factors

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2.7.4.35 Good accessibility and a reasonably central location to the area served are the
principal factors to be taken into consideration in the designation of sites for public
and extended care hospitals and clinics.
2.7.4.36 Hospitals shall be sited in elevated positions to take advantage of scenic views and
more favourable environmental conditions. They shall also be so located as to be
insulated from noise and fumes from major road and industrial uses. Specialist
clinics shall be located adjacent to public hospitals to facilitate inter-dependent
support.
2.7.4.37 General clinics shall be centrally located within the zones they are intended to serve.
They should be easily accessible by public transport and, where possible, be sited in
association with other community facilities to which residents require daily access.

DAY CARE FACILITY

2.7.4.38 Day care facilities shall be permitted in areas designated for such purposes by a
responsible local planning authority, and subject to the following:
 A Class C buffer shall be established along any side of the facility adjacent to a
residential use. An alternative buffer may be approved through the site plan
review process.
 A facility that is located in a residential zone shall maintain the residential
character and scale of the area in which it is located.
 The distance from the closest existing Day Care Centre to a proposed Day Care
Centre shall not be less than 400 meters when measured along the most direct
roadway route between the two sites, if both sites are in a residential
neighbourhood.
 The facility shall, generally, be located: (a) on a collector road, or (b) on an
access road within 100 meters of an intersecting collector road or other access
road.
 Sufficient off-street passenger drop-off and passenger loading area shall be
provided on-site.
 All required parking shall be in the rear or side yards; however, required parking
may be located between the structure and the street if the responsible local
planning authority finds that such parking is safe, not detrimental to the
neighbourhood, accessible, and compatible with surrounding properties.
2.7.4.39 The facility shall meet the following space requirements:

Outdoor Play Space

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2.7.4.40 There shall be 10 square meters of outdoor play space per child including children at
the facility for school care, but excluding children less than 12 months of age. This
outdoor play space may be as little as 6 square meters with an increase in the amount
of indoor play space provided on a one-to-one basis. Parking and loading areas shall
not be counted toward play spaces.
2.7.4.41 Outdoor play areas shall be fenced in accordance with the standards for fences and
walls as provided in Sec. 3.3.9, Fences and Walls, with a minimum fence height of
1.2 meters. Play areas shall be located within the side or rear yard, unless the
responsible local planning authority determines that outdoor play space within the
area between the front of the structure and the street is safe, not detrimental to the
neighbourhood, accessible, and compatible with surrounding properties.

Indoor Play Space

2.7.4.42 There shall be at least 3.5 square meters per child. The space shall not include
hallways, kitchens, bathrooms, closets, utility rooms, and offices.
2.7.4.43 The responsible local planning authority may deny the application, or add additional
conditions and safeguards as necessary to protect the health and welfare of the day
care children, adjacent properties, or the neighbourhood. Conditions for approval
that may include a reduction in the maximum number of individuals to be cared for
onsite, restrictions on the hours of operation to less than that allowed by relevant
regulations, and such other conditions as may be required to address the findings
required for the permit.

POLICE, FIRE, EMERGENCY SERVICES

2.7.4.44 A Class C buffer shall be established along any side of such facility adjacent to a
residential use. An alternative buffer may be approved through the site plan review
process

Penal (Correctional) Institutions

2.7.4.45 Correctional facilities shall be permitted at a site designated for civic and
community purposes by the responsible local planning authority, subject to the
following:

 In order to accommodate outdoor recreational facilities and to allow for

potential building expansion, the site size for facilities located outside urban
(developed) zones in cities, town and urban villages shall be a minimum of two
hectare in area; Facilities within urban (developed) zones in cities, town and
urban villages shall have no minimum site area size.

 The facility shall be established at least 200 meters from the nearest property
which is residentially zoned or used.

 The facility shall not be established within 500 meters of a public or private
school, day care centre, or place of worship.

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 Site development shall be in conformance with the landscaping and dimensional

requirements stipulated by this Code or by a local development Plan.

 The approving body may deny the permit if the use would be detrimental to
nearby properties or may add conditions or safeguards to the approval in order
to protect the health and welfare of residents.

CEMETERIES

2.7.4.46 Cemeteries shall be located on sites of at least 2 hectares.

2.7.4.47 All graves or burial plots shall be set back at least 10 meters from each plot line and
public right-of-way.
2.7.4.48 Class C buffer shall be established along any side of a cemetery adjacent to a
residential use.
PLACES OF WORSHIP
2.7.4.49 The minimum plot size shall be 1500 square meters in a residential use zone.
2.7.4.50 In all residential zones, places of worship shall be limited to corner plots only. They
shall have their principal vehicular entrance and exit on a major collector road or on
access roads within 50 meters of their intersection with a collector road.
2.7.4.51 All parking shall be located on the same plot, contiguous plots, or in a zone that
allows commercial parking as principal use
2.7.4.52 Every place of worship shall be set back at least 10 meters from the boundaries of
other residential uses
2.7.4.53 A Type “B” perimeter buffer shall be provided along any side or rear property
line(s) abutting a residential use.

COMMUNITY SERVICE

2.7.4.54 A community service located in or adjacent to any Residential Zone shall have its
principal vehicular entrance and exit on a collector road or on an access road within
60 meters of its intersection with a major street.

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2.8 PARK & OPEN SPACE (REGULATORY) ZONES (OS)

2.8.1 PURPOSE
2.8.1.1 The OS Zone is intended to create, preserve, and enhance parkland as permanent
open space to meet the active and passive recreational needs of residents and to
promote recreational uses that are compatible with surrounding land uses.
2.8.1.2 Property in the OS Zone may be under public or private ownership. All property
within the zone shall be unoccupied or predominately unoccupied by buildings or
other impervious surfaces.
2.8.1.3 When used for recreation, activities may include, but are not limited to, structures
or other active, player-oriented facilities such as playgrounds, ball fields, tennis
courts, signage necessary for public safety, and associated Ancillary facilities such
as parking areas and restrooms.
2.8.2 PERMITTED LAND USES
2.8.2.1 Two types of designations are provided:

 “P” means the use is permitted in the respective Land Use Zone subject to the
use standard, if applicable.

 “CU” means the use is permitted with a Conditional Use Permit

Table 2.16: Park & Open Space Regulatory Zone: Permitted Use Table

Land Use Activity Status Comment

Single-Family Residential CU Limited to a Ancillary dwelling as part of a public

park or public recreational facility

Open Spaces (Passive/Active) P

Horticultural/Botanical Gardens P Any Sales Stands, in conjunction with a

Horticulture, shall be permitted subject to the
location and development standards

Community/Local Parks P Public parks allowed without a use permit if

included as part of an approved Plan. All other
uses require a use permit.

Conservation/Protection Areas P

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Game Park, Animal/Botanical P Allowed without a use permit if included as part

Sanctuary/ Zoos of an approved Plan. All other uses require a use
permit.

Recreation Field (Play/Picnic P

Areas)

Civic Squares & Plazas P

Heritage Sites & Monuments P

Amusement & Show Places P Allowed without a use permit if included as part
of an approved Plan. All other uses require a use
permit.

Memorial Parks P

Sports Complex (Stadium for Ball CU

& Athletic Games)

Public Playgrounds (Pitches) for P Allowed without a use permit if included as part
Ball and Athletic Games & Other of an approved Plan. All other uses require a use
Entertainment/ Recreational permit.
Activities

Animal Training and Competing CU

places

Commercial Recreation and CU Permitted as part of a public park or public

Entertainment recreational facility with a use permit.

Eating & Drinking Establishments CU Permitted as part of a public park or public

recreational facility with a use permit

Cemetery CU

Public Safety Facilities P

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Utilities, Minor P

Utilities, Major CU

Animal Husbandry CU Use permit required; conditions may be imposed

limiting herd size and restricting grazing

Crop Production P Any Sales Stands, in conjunction with a crop

production, shall be permitted subject to the
location and development standards

Camping CU

2.8.3 DEVELOPMENT STANDARDS

2.8.3.1 Unless specifically stated otherwise in this Code, or by a Development/Detailed
and/or Site Plan, the following shall be minimum requirements for uses permitted
within the OS Zones:

Table 2.17: Park & Open Space Regulation Zone – Development Standards

Plot Area and Width: The minimum plot size shall be 0.5 hectare with plot width of not less
than 50 meters

Building area Space occupied by buildings or other impervious surfaces shall not exceed
five (5%) percent

Height regulations Maximum height of any building or structure shall be 2 storeys

Setbacks All buildings shall be located at least 9 meters feet from the public right-
of-way and least 6 meters from adjacent property lines.

All other structures shall be at least 3 meters from the public right-of-way
and adjacent property lines

Site Plan Review If not included as a part of Approved Plan, all permitted development in
the OS Zone shall be subject to the planning application process as set

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forth in Part 4 of this DCC.

Open Space Character Buildings or other structures shall not compromise the natural value of
floodplains, stream valleys, wooded areas, or other sensitive areas and
shall be planned, designed, and located to minimize the disturbance of
such areas or features.

Legal Mechanisms to Public access easements, or other legal mechanisms to permit access to or
Permit Access through privately owned/allocated land for such purposes as walking,
hiking, fishing, bicycling, and similar activities are strongly encouraged.

Commercial Activity No commercial activity shall be permitted except as it directly relates to

Limitation uses permitted in section 2.5.2

2.8.4 SPECIAL USE STANDARDS

2.8.4.1 This section supplements the standards contained Sections 2.8.1 through 2.8.3. It
provides standards for the following land uses to control the scale and compatibility
of those uses:

 Parks and Open Spaces

 Indoor Shooting Ranges Clubs

 Outdoor Shooting Ranges

 Stadiums/Pitches for Football and Athletic Games

 Golf Course/Country/Tennis Clubs

 Configuration of Open Space

Parks and Open Spaces

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2.8.4.2 A Local Open Space shall be located within short walking distance from the
residents it intends to serve, within a radius of not more than 0.5 km. In public
housing estates and in private comprehensive residential developments, Local Open
Space shall be provided. In industrial areas, Local Open Space shall act as a buffer
between the industrial areas and adjacent uses.
2.8.4.3 A 15-meter setback shall be maintained for all structures, picnic areas,
playgrounds, and unlighted basketball courts and athletic fields from property lines
adjacent to residentially zoned or used property; However, the approving authority
may reduce setback requirements to no less than 3 meters at the time of site plan
approval when conditions warrant a reduction. Possible conditions include, but are
not limited to, building orientation, topography, distance to offsite improvements,
physical obstructions, developability of the park site or natural features.
2.8.4.4 Lighted facilities (such as tennis courts, ball fields, basketball courts) shall
maintain a 30-meters setback from property lines adjacent to residentially zoned or
used property. This setback may be reduced at time of site plan approval if the site
plan depicts measures used to reduce light and glare onto adjacent residentially
zoned or used property. Possible measures include, but are not limited to directional
lighting, lower fixture heights, vegetation, and fences. In addition, the site plan shall
include documentation from a registered professional with experience in lighting
certifying that the lighting does not exceed allowable standards at the property line
adjacent residentially zoned or used properties.

Indoor Shooting Ranges Clubs

2.8.4.5 All indoor shooting ranges shall be located at least 100 meters from any residential
neighbourhood or dwelling, within a completely enclosed structure designed to
prevent the escape of sound beyond the property line.
2.8.4.6 The responsible planning authority may impose any additional standards or
safeguards it deems necessary to protect the general welfare of the citizens, as a part
of the use permit process.

Outdoor Shooting Ranges

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2.8.4.7 Proposals located within 6 kilometers from Airport facility shall provide a letter
from the Civil Aviation Authority/ Relevant Authority indicating that the use will
not pose a hazard to aviation.
2.8.4.8 Outdoor shooting ranges shall be prohibited within 2 kilometers of existing local
airports, heliports, and helistops. The location of approved landing and take-off
zones beyond the 2 kilometer boundary may warrant an extension of the prohibition
to ensure the safety of aircrameters.
2.8.4.9 The facility shall be located at least 1000 meters from a residence or any residential
neighbourhood, property line of an existing school, day care or place of worship,
and on a site of at least 4 hectares.
2.8.4.10 A solid fence, wall, or shield shall be provided behind all shooting areas, and be
approved by the Police Service.
2.8.4.11 Facilities shall be designed to prevent bullets and ammunition from escaping the
property. The location and type of facility shall be reviewed and approved by the
Police Service.
2.8.4.12 A 20 meters wide Type E buffer shall be provided along all abutting property lines
of outdoor shooting ranges.
2.8.4.13 The responsible planning authority may impose any additional standards or
safeguards it deems necessary to protect the general welfare of the citizens, as a part
of the use permit process.

Stadiums/Pitches for Football and Athletic Games

2.8.4.14 Stadiums shall be located at least 500 meters from property that is used or zoned for
single-family residential purpose.
2.8.4.15 Special consideration shall be given to facilities which attract large crowd of
spectators. These facilities shall be located close to major transportation routes and
interchanges. Traffic impact assessment has to be undertaken at the planning stage
for this type of development.

Golf Course/Country/Tennis Clubs

2.8.4.16 A golf course/tennis/country club and any facilities and structures established in
connection with such uses shall be set back at least 15 meters from any residential
use in a Residential Neighborhood. Any parking lot located adjacent to a residential
use shall require a minimum 10 meters landscaped buffer.
2.8.4.17 No maintenance building or clubhouse shall be closer than 30 meters to any
residential use.

Configuration of Open Space

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2.8.4.18 The minimum width for any required open space shall be 50 meters. Exceptions may
be granted for items such as trail easements, mid-block crossings, and linear parks,
when their purpose meets the intent of this Chapter.
2.8.4.19 The required open space shall be directly accessible to the largest practicable
number of plots within the subdivision. Non-adjoining plots shall be provided with
safe, convenient access to the open space (i.e. mid-block connections in logical
locations). No plot within the subdivision shall be further than a 500m radius from
the required open space. This radius shall be measured in a straight line, without
regard for street, sidewalk or trail connections to the open space.
2.8.4.20 Access to the open space shall be provided either by an abutting street or easement.
Such easement shall be not less than 3 meters wide.

Table 2.18: Types and Configuration of Open Spaces

Playgrounds. Provide play areas for children as well as open

shelter and benches. May be built within Squares, Greens,
Mini-Parks and Neighborhood Parks or may stand alone
within a residential block. Shall be designed with commercial
grade play equipment for two age groups: for children ages 1
to 5; and separate play equipment for children ages 6 to 10.
Minimum requirements include two park benches and a trash
receptacle.

Mini-Park. Provides active recreational facilities for the use by

the residents of the immediate surrounding neighborhood within
the development. Size is from 1500 to 5000 sq meters. May
include: tennis courts, basketball courts, playgrounds and
seating accommodations. Rear facing plots are allowed. Mini-
parks shall be attractively landscaped and be provided with
sufficient natural or man-made screening or buffer areas to
minimize any negative impacts upon adjacent residences.

Plaza. Provides passive recreation use adjacent to a civic or

commercial building. Plazas are paved in brick or another type of
impervious surface. Size is from 1000 to 3,000 sq. meters. Plazas
shall be level, stepped or gently sloping. At no time shall a plaza’s
horizontal length or width be greater than three times the height of
surrounding buildings.

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Square. Squares are formal areas for passive recreation use

bounded by streets or front-facing lots. Size is up to 5000 sq
meters. Squares shall be bound by streets on a minimum of three
sides or 75 percent of their perimeter and may be bound by front
facing plots on one side or 25 percent of their perimeter. No rear
facing plots allowed adjacent to a square. Trees plantings are
encouraged parallel to the street right of way. Geometrical tree
planting layouts for internal plantings are encouraged.

Neighbourhood Park. Designed for active or passive recreation

use. Park size can exceed 1 hectare if the Neighbourhood Park
creates an open space that services an entire neighbourhood or a
group of neighbourhoods, or incorporates physical features that
are an asset to the community (i.e. river frontage, high ground, or
significant stands of trees). Neighbourhood parks shall be bounded
by streets on at least 50% of their perimeter. Neighbourhood parks
shall include benches and walking paths. Neighbourhood parks
may include but are not limited to: tennis courts, racquet ball
courts, basketball courts, volley ball courts, ball fields, swings,
slides, playgrounds, dog parks, benches, restrooms, picnic units, shelters, walking paths and parking
areas.

Greenway. Greenways typically follow natural or constructed

features such as streams or roads and are designed to incorporate
natural settings such as creeks and significant stands of trees, and
are used for transportation, recreation, and environmental
protection. Greenways differ from parks; plazas and squares in that
their detailing is natural (i.e. informally planted) except along
rights-of-way, and may contain irregular topography. Design of the
greenway should incorporate conservation of existing mature tree
canopy and landscape, protection of existing natural drainage ways
and creeks. Improvements shall include paved walks/trails and
benches, and trash receptacles.

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2.9 SPECIAL PURPOSE REGULATORY ZONES

2.9.1 PURPOSE
2.9.1.1 A number of flexible provisions have been included in this Code to accommodate
various types of developments, or a combination of uses which can be appropriately
classified as Special Purpose Zones.
2.9.1.2 These provisions are established to allow flexibility of design, which, however,
should be in accordance with the objectives and spirit of the Development Plan for
the area concerned, as well as those of this code.

2.9.2 ESTABLISHMENT OF SPECIAL PURPOSE REGULATORY ZONES

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2.9.2.1 Definition of Special Purpose Zone and guidelines on zoning for this zone
2.9.2.2 If not already established by a Local Development Plan, a Special Purpose Zone or
Planned Unit Development may be established or removed from the Land Use
Zoning Map upon the application of a property owner or owners, or upon the
initiative of the local community, in accordance with the procedures set forth in
PART IV of this Code.
2.9.2.3 An application for the establishment of a Special Purpose Zone or Planned Unit
Development by a property owner or owners shall be accompanied by a Conceptual
Site Plan which, if approved by the relevant Authority, shall become a part of the
Zoning Map of the area concerned. The Conceptual Development Plan shall provide
the following information:

 Proposed land uses.

 Location of buildings, structures and building groups.

 A tabulation of proposed dwelling unit density in residential areas.

 A tabulation of floor area ratios and the maximum heights of proposed

buildings.

 Proposed circulation systems, including preliminary street cross sections.

 Proposed parks, playgrounds, school sites and other open spaces.

 Location and type of existing and proposed landscaping.

 An economic feasibility analysis of proposed commercial uses.

 Delineation of the major units within the development to be constructed in

progression.

 Relation to future land use in surrounding area as proposed in the relevant

Development Plan.

 Proposed off-street parking.

2.9.2.4 The relevant Authority shall make the following findings prior to granting
permission for establishment of a Special Purpose Zone:

 That the total development in each individual unit therein can exist as an
independent unit capable of creating an environment of sustained desirability
and stability or that adequate assurance will be provided that such objective will
be attained; that the uses proposed will not be detrimental to present and
potential surrounding uses, but will have a beneficial effect which could not be
achieved under other land use zone.

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 That the roads and intersections proposed are suitable and adequate to carry
anticipated traffic and the density will not generate traffic in such amounts as to
overload the road network outside the Special Purpose Zone.

 That any proposed commercial development can be justified economically at the

locations proposed, to provide for adequate commercial facilities of the types
proposed.

 That the economic impact created by the Special Purpose Zone can be absorbed
by a local community (police and fire service, water supply, sewage disposal,
etc.)

 That the proposed off-street parking is in substantial conformance with the

provisions of Chapter 3.4 of this Code.

2.9.2.5 An application for the establishment of a Special Purpose Zone or Planned Unit
Development initiated by the local Community shall state the following:

 Proposed land uses.

 Specified standards of development, including but not limited to circulation of

traffic, landscaping and architecture.

 Specific density of the proposal for Special Purpose Zone may include any of
the items contained in the requirements for a Conceptual Development Plan but
shall not require a Conceptual Development Plan.

2.9.3 APPROVAL OF USES AND DEVELOPMENT

2.9.3.1 A Conditional Use Permit shall be required for any and all uses in a Special
Purpose Zone, and Design Review shall be required for any and all improvements:
2.9.3.2 In addition, the responsible planning authority shall not grant a Use Permit for any
use or uses in a Special Purpose Zone, unless it finds that:

 Such use or uses substantially conform to the adopted Development Plan for the
area concerned.

 Such use or uses are as shown on the approved Conceptual Development Plan
for the particular Special Purpose Zone.

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 A Detailed Layout Plan, as described in subsection 2.9.4 (iv) below shall be

submitted as part of any development application.

2.9.4 DETAILED DEVELOPMENT PLAN REQUIRED

2.9.4.1 An application for a Use Permit in a Special Purpose Zone shall include and be
accompanied by a Detailed Layout Plan, which, if approved by the Local Planning
Authority, shall become a part of the Use Permit. Compliance with the requirements
of this Section shall not be construed as relieving the applicant from compliance
with the requirements of chapter 3.6, subdivision design standards or other
applicable Sections of this Code.

Design Standards

2.9.4.2 The following design standards shall be established and shown on the Detailed
Layout Plan for the particular Special Purpose Zone. These design standards shall
become a part of the Use Permit:

 Minimum building site.

 Minimum plot dimensions.

 Maximum building site coverage by buildings and structures.

 Minimum private open spaces

 Maximum building or structure heights.

 Maximum height of fences and walls.

 Signs.

 Off-street parking

Open Space and Density

2.9.4.3 Open space and density shall be as shown on the Detailed Layout Plan for the
particular SP Zone as approved by the Authority, providing that the total open area
and average density shall substantially conform to the relevant Development Plan (if
any).

Amendment of Detailed Layout Plan

2.9.4.4 Changes in any Detailed Layout Plan shall be treated as amendments to the
Conditional Use Permit and Design Review.

2.9.5 DEVELOPMENT SCHEDULE

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2.9.5.1 An application for a Use Permit in a SP Zone shall be accompanied by a

development schedule indicating to the best of the applicant's knowledge the
approximate date on which construction of all facets of the entire project can be
expected to begin, the anticipated rate of development, and completion date
(reconcile allowable period with the provisions of TCPA). The development
schedule, if approved by the Authority, shall become a part of the Detailed Layout
Plan and shall be adhered to by the owner of the property in the SP Zone, and his
successors in interest.

2.9.6 REVOCATION OF USE PERMIT

2.9.6.1 If, in the opinion of the responsible Planning Authority, the owner or owners of
property in a SP Zone are failing or have failed to meet an approved development
schedule, the responsible Planning authority may initiate proceedings to revoke the
applicant's Use Permit until such time as the applicant conforms to the conditions
thereof. For good cause shown by the property owner, in writing, prior to the
expiration of the original development schedule, the Authority may extend the limits
imposed by the development schedule.

2.9.7 CULTURE AND HISTORIC CONSERVATION AREAS

2.9.7.1 The primary focus for development control is usually the design of new buildings
and spaces, but it is important to recognize the fundamental link between new
developments and historic conservation, as per the provision of Monuments and
Relics Act, Environmental Impact Assessment Act and Town and Country Planning
Act.

2.9.7.2 Conservation and regeneration of the built environment relates to sustainability and
reuse of built resources. Effective conservation of heritage resources helps in
revitalizing the local economy of settlements, and also brings about a sense of local
identity and belonging to its residents.
2.9.7.3 Section 27 of the TCPA of 1977 empowers the Minister to judiciously make a list
or lists of buildings of special architectural or historic interests (referred to as a
Building Preservation Order) as a guide to the planning authorities when carrying
out their planning functions. The planning system is designed to regulate the
development and use of land in the public’s interest, therefore, the designation of
historic sites enables the planning system to protect them, through the
complementary systems of listed building consent and conservation area control,
coupled with controls over scheduled monument consent.

2.9.8 HERITAGE AND HISTORIC AREAS CONSERVATION GUIDELINES

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2.9.8.1 The following measures shall be put in place to preserve and enhance the historic
environment, and help achieve implementation of conservation and regeneration
objectives:
2.9.8.2 Design schemes shall encompass principles of historic conservation as part of the
overall local context and policy.
2.9.8.3 There shall be statutory guidance promoting pre-application assessment and
discussion for all major planning applications which may affect historic assets.
2.9.8.4 Registered Historic Sites (including registered parks, gardens with particular special
historic interest) and other protected areas such as conservation areas, National
Parks and Areas of Outstanding Natural Beauty shall be managed through the
planning system.
2.9.8.5 World Heritage Sites, as sites of outstanding universal value, shall be protected
within the planning system. There may be need to create a management plan for
each World Heritage Site, including, where needed, the delineation of a buffer zone
around it.
2.9.8.6 Local planning authorities shall be responsible for determining Historic
Conservation applications, with involvement from conservation professionals of the
responsible departments of Ministries of Environment Wildlife and Tourism and
Youth Sports and Culture as appropriate.
2.9.8.7 Historic buildings and areas may be allowed to change and adapt to house new uses,
however, the change shall not undermine the integrity of the historic building or
place.
2.9.8.8 The special and valued characteristics of an historic place or building shall influence
the way it is managed, which may relate to special historic character, whether visual,
functional, or socially important.
2.9.8.9 In designing for historic environments the designs shall be developed for present-
day needs, in a holistic manner that responds to all relevant considerations and local
circumstances. The designs may be of any style, use any materials, or have a
specific look, either copying older buildings or looking particularly modern; as per
the relevant considerations and local circumstances.

2.9.9 DEVELOPMENT GUIDELINES: IN DECLARED CONSERVATION AREAS

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2.9.9.1 No building, structure, site or place designated as a Landmark, World Heritage Site,
Registered Historic Sites (including registered parks, gardens with particular special
historic interest) and other protected areas such as conservation areas, National
Parks and Areas of Outstanding Natural Beauty shall be constructed, altered,
repaired, subdivided, moved or demolished except in compliance with the
requirements set forth in this article.
2.9.9.2 New development and re-development shall be required to respond to the history of
the site such as significant buildings, features, places, landscapes, cultural memory
and natural history.
2.9.9.3 Artificial finishes, materials and themes designed to mimic historic details and
finishes shall be allowed if only they enhance the authenticity and preservation of
truly old buildings and sites and the historic fabric of the conservation areas.

Proposals for Construction, Alteration, Removal or Demolition

2.9.9.4 Demolition shall not be permitted where it would be to the detriment of the character
of the area. If demolition is to be allowed then the planning authority shall ensure
that the building will be replaced by one which enhances the historic townscape of
the Conservation Area.

Minor Development

2.9.9.5 Permission shall be sought from Planning Authorities before any changes are made,
so as to ensure that any such alterations do not detract from the Conservation Areas
appearance.

Trees

2.9.9.6 Trees in Conservation Areas are protected in much the same way as trees in a Tree
Preservation Order. Proposal to cut down, prune a tree shall be lodged with the
Planning Authorities.

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REGENERATION GUIDELINES
2.9.9.7 Regeneration shall encompass a mixture of renovation, selective demolition,
commercial development, and tax incentives to revitalize urban neighbourhoods.
2.9.9.8 Care shall be taken not to out price poorer residents out of urban areas into suburbs
or more depressed areas of cities or settlements.
2.9.9.9 Regeneration proposals shall improve the quality of the environment, the public
realm and traffic management in an integrated manner, as well as create an attractive
environment which promotes confidence in the area.
2.9.9.10 The regeneration proposals shall aim to transform the appearance through new
frontage development, coordinated landscaping, improved street furniture, lighting
and facilities for pedestrians; reducing the detrimental impacts of traffic (including
noise, pollution and severance of pedestrian routes) and the visual impact of car
parking.
2.9.9.11 As much as possible, proposals for regeneration shall be holistic in terms of bringing
economic, physical, social and environmental regeneration together to ensure
genuine sustainability.
2.9.9.12 Residential regeneration schemes shall aim to increase the residential population by
creating a range of affordable housing for rent and sale.
2.9.9.13 Non – residential regeneration schemes shall aim to secure the re-use of historic
buildings and the re-development of key sites for office, retails, arts and leisure uses.
2.9.9.14 Major public transport nodes, high profile leisure and tourist attractions shall be
promoted to act as magnets to increase pedestrian flows throughout the area.
2.9.9.15 The hard spaces between buildings shall be improved so as to bind the various
development projects and visitor attractions together.
2.9.9.16 The regeneration schemes shall focus on the management, marketing and promotion
of the regeneration site in order to improve the overall management and marketing
of the area.
2.9.9.17 Regeneration schemes shall have an emphasis on holistic conservation-planning
approach.
2.9.9.18 The regeneration scheme shall improve the quality of the walking environment by
establishing a hierarchical network of pedestrian routes and spaces; creating links
within and through the area to the wider city/town/village centre that connect the
core area with points of arrival, movement and major visitor attractions.
2.9.9.19 The regeneration schemes shall support the creation of a vibrant and viable
city/town/village centres through the creation of high quality mixed use
developments aimed at delivering an attractive and distinctive environment.

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2.10 MIXED-USE (REGULATORY) ZONES (MXD)

2.10.1 PURPOSE
2.10.1.1 The purpose of the Mixed-Use (MXD) Regulatory Zone is to facilitate the
integration of diverse but compatible uses into a single development, with the goal
of creating a community that offers "live, work, and play" opportunities within
convenient walking distance of each other.

2.10.2 ZONE/PROJECT EVALUATION

2.10.2.1 All proposals to include a property within an Mix Use regulatory Zone, including all
development proposals within an existing Mixed Use zone, shall at a minimum be
evaluated based on their compatibility with:

 Local Development Plan

 Development Control Code

 The purpose and characteristics of the Mixed Use Zone

 Surrounding land-uses

2.10.2.2 The relevant planning authority may deny any land use map amendment or
development proposal that does not comply with any of these criteria.
2.10.3 DEVELOPMENT STANDARDS
2.10.3.1 Each mixed use zone shall have an emphasis toward a particular category of land-
use. Percentages of allowable mixing of permitted uses are provided below.
2.10.3.2 Percentages are based on the total square meters of floor area within a project and
include areas within a structure (floors of a building) and areas on the surface of the
land (sidewalks, parks, etc.) Parking, landscaping, and similar ancillary uses are
calculated on a pro-rated basis for each use category.
2.10.3.3 Generally residential uses may not exceed 25% of the total project floor area, except
as indicated by the Mixed use Zone designation below.

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Table 2.19: Percentage Allowance for Mixing of Uses

Regulatory Mixed Use Zone Type Percentage of allowable mixing of uses

Mixed Use Zone – General No one category of uses (residential, commercial, civic &
community) may exceed 35% of the total sq meters

Mixed use Zone – Residential 50% - 75% sq meters in residential uses

Mixed Use Zone – Commercial 50% - 75% sq meters in commercial uses

Mixed Use Zone – Office general 50% - 75% sq meters in office uses

Mixed Use Zone - Civic 50% - 75% sq meters in public facilities

Mixed Use Zone - Tourism 50% - 75% sq meters in entertainment/hotel uses

2.10.4 PERMITTED USES

Permitted Land Use Table

2.10.4.1 Table 2.20 below identifies the land uses (or activities) that are permitted in the
Mixed Use Regulatory Zones.
2.10.4.2 The range of permitted land uses (activities) is kept as broad as possible in order to
ensure that the zone is economically viable.
2.10.4.3 The Permitted Land use Table may be refined by a local development plan local
characteristics and planning objectives.

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Table 2.20: Mixed Use Regulatory Zones: Permitted Uses

Land Use Activity Status

Residential Uses

Townhouses P

Multifamily Flats/Apartments P

Upper Story Residential P

Live/Work Unit P

Boarding House /Rooming House/Group Living P

Commercial Uses

Entertainment/Leisure/Accommodation P

Performing Arts & Supporting Institutions P

Food Services P

Retail Sales P

Retail Services P

Professional offices P

Banks and similar institutions P

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Institutional/Public Uses

Colleges/Universities/Educational Services P

Ambulatory Health Care Facilities & Clinic P

Museums P

Convention center/Assembly/Auditorium P

Government offices P

Places of worship P

Recreation – Indoor/Outdoor P

Movie Theaters - Indoor P

Park & Open Spaces P

2.10.5 DEVELOPMENT PLAN

2.10.5.1 The Development and or detailed Layout Plan shall guide all development within
mixed use zone and at a minimum shall include a site plan, a pedestrian
connection/trails plan, conceptual building elevations and design schemes,
streetscape and building setback diagrams, a current survey and legal description,
plus any other information typically required for site plan approval.
2.10.5.2 The land uses (activities) planned to be established within a mixed-use project shall
be specified and enumerated in the aforementioned Plan. The approved Plan shall be
considered an integral part of the zoning regulations for the area represented.

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2.10.6 DEFAULT SETBACKS AND HEIGHT LIMITATIONS

2.10.6.1 The location, height, and separation between buildings shall be established as part of
the Development and/or Detailed Layout Plan for a mixed use zone. Unless
otherwise stated in the Development Plan, the default standards shall be as follows:

Table 2.21: Default Development Standard for Mixed Use Zones

Regulatory Mixed Use Zone Type Default Development Standards

Mixed Use Zone – General No one category of uses (residential, commercial, civic &
community may exceed 35% of the total sq meters

See Table 2.5 – Development Standards for Residential

Urban (RU) Regulatory Zone
Mixed use Zone – Residential

Mixed Use Zone - Commercial See 2.5.1 (iii – iv) Development Standards for Local Centre
Regulatory Zone - Undesignated Frontages and/or

See 2.5.5 Development Standards for – Designated

Frontages

Mixed Use Zone – Office See 2.5.1(ix – x) Development Standards for Office
General Regulatory Zone - Undesignated Frontages and/or

See 2.5.5 Development Standards for – Designated

Frontages

Mixed Use Zone - Civic See 2.7.3 Civic & Community Regulatory Zone -
Development Standards

Mixed Use Zone - Tourism See 2.5.4 Development Standards for General Commercial
Regulatory Zone - Undesignated Frontages and/or

See 2.5.5 Development Standards for – Designated

Frontages

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2.10.7 DEVELOPMENT CHARACTERISTICS

2.10.7.1 Uses may be mixed within a building or within an overall development, or both.
However, this DCC encourages mixing uses within a building as much as possible.
Furthermore, the subdividing of land for standalone plots is discouraged, and the
Relevant Authority may deny the subdivision of land within the Mixed Use
Regulatory zone if it determines that the subdivision is contrary to the purpose of
this Code.
2.10.7.2 Developments within an MXD zone shall exhibit urban characteristics such as:

 Sidewalks

 Street trees and street furniture

 Community gathering spaces

 Shared parking

 Integrated public transit (where available and/or applicable)

 Diverse and distinctive design features

2.10.7.3 All developments shall provide at least 10 percent of the gross floor area or 10
percent of the gross site area, whichever is greater, as open space. Open space shall
typically include the following elements: cultivated landscaping, plazas, parks,
urban trails/sidewalks, wetlands/indigenous landscaping, and community recreation
space. A maximum of 50 percent of all open space may be hard surfaced. Streets,
parking lots, driveways, and private yards are not considered open space.
2.10.7.4 Parking requirements shall be determined as per standards provided in Chapter 3.4
Parking and Loading. However, parking requirements may be reduced if it can be
shown that shared parking is a viable alternative. The relevant Authorities reserve
the right to dictate the amount of parking and/or the location of parking spaces
within a mixed used zone.
2.10.7.5 Site plans shall clearly indicate the mixture of land uses within the project area and
the percentage of the overall site that each use occupies. Furthermore, site plans
shall indicate the amount of parking prorated to each use and shall illustrate how
public transit (where available and/or applicable) is to be integrated into the site.
2.10.7.6 The Site plan shall also illustrate pedestrian movement throughout the project area,
with trail hierarchies established based on levels of pedestrian use. The purpose of
the plan is to demonstrate how effectively uses are mixed, and to determine the
efficiency of the site layout. The plan shall provide convenient and attractive
pedestrian connections through the mixing of land uses and quality design practices.

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2.11 AGRICULTURAL LAND USE (REGULATORY) ZONES

2.11.1 PURPOSE
2.11.1.1 This chapter makes provisions for a range of agricultural and compatible uses in two
Agricultural Regulatory Zones, namely Intensive Agricultural Regulatory Zone (i A-
1) and Extensive Agricultural Regulatory Zone (eA-2).
2.11.1.2 The purpose of these Zones is to regulate residential and other non-agricultural
developments in agricultural, zoned areas/land and aims to conserve, and protect
agricultural land and environmentally sensitive areas as well as wildlife habitat
areas. These goals are achieved by allowing the placement of residential homes on a
small portion of the property, while maintaining the majority of the site as resource
land or open space.
2.11.1.3 The objectives of the Agricultural Regulatory Zones are:

 To preserve open land for agricultural use as an efficient means of conserving

natural resources that constitute an important physical, social, economic and
aesthetic asset to the Country;

 To preserve the maximum amount of the limited supply of agricultural land in

large blocks in order to conserve Country’s economic resources and to maintain
the agricultural economy;

 To discourage the expansion of urban development into rural areas because of

the unnecessary increases in costs of community services, conflicts between
farm and urban activities and the loss of open space, economic and aesthetic
asset around urban centres occurring as the result of such expansion;

 To provide incentives for owners of agricultural lands to hold such lands in the
exclusive farm use zone because of the substantial limits placed on the use of
these lands and the importance of these lands to the public.

Intensive Agricultural Regulatory Zone

2.11.1.4 This Agricultural Regulatory Zone (iA-1) is intended to regulate areas designated
for the intensive (commercial) agriculture and permit only those activities
compatible with agriculture to guarantee the preservation and maintenance of areas
so classified.

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2.11.1.5 The Intensive Agricultural Regulatory Zone is to be applied to land designated as

such by a Local Development Plan and/or possessing the following characteristics:
 Land where the predominant activity is intensive/commercial agriculture and
where application of this Regulatory Zone is necessary for the continuation
of such activities.
 Land classified and gazetted as "prime agricultural land" by the Ministry of
Agriculture. Other surrounding or adjacent lands may also be included in the
“Intensive Agricultural Regulatory Zone” where such inclusion is necessary
to preserve and protect the integrity of commercial agriculture involving
large scale and mechanized farming techniques.

Extensive Agricultural Regulatory Zone

2.11.1.6 The Extensive Agricultural Regulatory Zone (eA-2) is intended to provide areas
suitable for some agricultural activities, but are not well suited and/or used for
intensive/commercial agriculture due to poorer soil conditions, presence of
potentially incompatible land uses, and configurations or similar constraints.
2.11.1.7 The Extensive Agricultural Regulatory Zone (eA-2) is to be applied to lands which
do not practice intensive (mechanised) production of livestock, poultry, crops etc.,
and are not classified (gazetted) as Prime Agricultural Land by the MoA, but
otherwise designated as agricultural land by a local development plan and/or other
land use policies.

2.11.2 PERMITTED USES

Permitted Land Use Table

2.11.2.1 Table 2.22 below identifies the land uses (or activities) that are permitted in the
Agricultural Regulatory Zones. Two types of designations are provided:

 “P” means the use is permitted in the respective Land Use Zone subject to the
use standard, if applicable. Such use is also subject to all other applicable
requirements of this development code;

 “CU” means the use is permitted with a Conditional Use Permit

2.11.2.2 The Permitted Land use Table may be refined by a local development plan, local
characteristics and planning objectives.

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Table 2.22: Agricultural Land Use (Regulatory) Zones: Permitted Uses

Land Use Activity Status Comment/Standard

Agricultural Use

All Farm Uses Mean:

The current employment of land for the primary purpose of obtaining a

profit by raising, harvesting and selling crops or by the feeding,
breeding, management and sale of, or the produce of, livestock,
poultry, furbearing animals or honeybees or for dairying and the sale of
dairy products or any other agricultural or horticultural use or animal
All Farm Uses P
husbandry or any combination thereof;

The preparation, storage and disposal by marketing or otherwise of the

products raised on such land for human use and animal use;

The propagation, cultivation, maintenance and harvesting of wildlife

animal species to the extent allowed by the Wildlife Authorities.

Residential & Other Ancillary Structures in conjunction with an agricultural (farm) uses

One Single family dwelling is permitted on any legally existing

(allocated) plot that is:

greater or equal to four (4) hectares in Intensive Agric Regulatory Zone

(pA-1):

greater or equal to 1 one hectare in Extensive Agric Regulatory Zone

(gA-2)
One Single Family
P
Dwelling
Single family dwelling on an agricultural plot that is less than 4
hectares in pA-1 Zone and 1 hectare in gA-2 Zone shall be subject to
approval by the Relevant Authorities, provided that :

There are no other dwellings on the subject farm;

The Farm upon which the dwelling will be located is currently devoted
to farm (agricultural) uses as defined above.

Additional Single CU Additional Single Family Dwelling in conjunction with agricultural use
Family dwelling for

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may be allowed subject to following standard:

The plot (farm) sizes shall be greater than:

greater than 8 hectares in pA-1 Zone

greater than 2 Hectares in gA-2 Zone;

persons employed on There are no other dwellings on the subject farm which are vacant or
the premises in currently occupied by persons not directly engaged in farming or
conjunction with a working on the subject farm and which could not be used as the
farm use principal agricultural dwelling.

The farm upon which the dwelling will be located is currently devoted
to agricultural use,

Permission for an Additional Single Family Dwelling in conjunction

with agricultural use shall be subject to approval by the Relevant
Authorities.

Farm Workers housing as an ancillary use to a farm may be permitted

provided the following conditions are met in addition to the other
regulations:

The occupants are employed as farm workers at sometime by the

owner (overseer) of the property while they occupy the housing.

The proposed farm workers housing is necessary and ancillary to the

current agricultural uses as evidenced by the submittal of Farm
management/Production Plan along with the application for
Farm Workers development.
CU
Housing
The workers housing shall be located to minimize the conversion of
land capable of production of farm crops or livestock and will not
interfere seriously with accepted farming practices on adjacent lands
devoted to farm use

Mobile homes may be used to provide such housing.

Permission for the Farm workers housing shall be subject to approval

by the Relevant Authorities

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Public and semi- Refers to public utilities such as fire stations, utility substations,
public structures electrical transmission facilities, radio and TV receiving or
rendering utility P broadcasting facilities, pump stations and wells,
service to the public
in local areas, s,

Commercial
activities that are in
conjunction with a Shall be subject to approval by the Relevant Authority, and
farm use
Is compatible with and not hazardous to existing farm uses and uses
permitted in the surrounding Zone;

Flood control or Does not interfere seriously with accepted farming practices on
irrigation projects adjacent lands devoted to farm use.
and facilities
Does not materially alter the stability of the overall land use pattern of
the area.

Churches and CU Is situated upon land generally unsuitable for the production of farm
cemeteries crops or livestock, considering the terrain, adverse soil or land
condition, drainage and flooding, vegetation, location and size of tract.
Day care Facility
Will not be adversely affected by natural hazards, such as floods, slides
and erosion.

Private parks,
playgrounds, hunting
preserves, and
campgrounds,
including facilities
for recreational
vehicles

Minimum plot size for this facility should not be less than 1 hectare.

Animal Hospitals, All buildings in which animals are housed shall be located at least 50
Veterinary Facilities, CU meters from all plot lines or existing road reserve.
Kennels
Outdoor pens, feed areas, and runs shall be 50 meters from any
residential plot line.

Home Occupations CU Home Occupation should be conducted exclusively by the residents

and is within farm dwelling(s) allowed or is within accessory buildings

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that have a primary function of supporting farming practices

Shall be approved by the Relevant Authority and for which a permit

Solid waste disposal has been granted under by the Department of Environmental Affairs,
CU
site together with equipment, facilities and/or buildings necessary for its
operation

2.11.3 DEVELOPMENT STANDARDS

2.11.3.1 Unless otherwise defined by a local development plan the following dimensional
requirements shall apply to each permitted use in the Agricultural Regulatory Zones

Intensive Agricultural Zone (pA-1) Extensive Agricultural Zone (gA-2)

Minimum Plot Size 1 hectare of land 4 hectares of land

Plot area covered by The total impervious coverage, including both buildings and other impervious
building(s) surfaces, of a farm plot shall not be more than 10 percent, however it should
not exceed 0.5hacters.

Setback Regulations All agricultural structures and buildings located on farm plot shall have front,
rear, and side setbacks of at least 10 meters or be located at a distance which is
equal to their height from all property lines.

All non-agricultural structures and dwellings shall be compliant with the

following:

Front Setback: not less than 10 meters.

Corner plot: all sides adjacent to roads shall be required to have front setbacks
of 10 meters;

Side Setback: not less than 6 meters on each side of the plot

Rear Setback: not less than 10 meters.

Building Height The maximum height of a residential building shall be 9 meters.

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3.0 PART III: DESIGN STANDARDS AND REGULATIONS

The following Chapters are discussed under Part III:

3.1 DESIGN STANDARDS ADMINISTRATION

3.2 ACCESS AND CIRCULATION
3.3 AESTHETICS ENHANCEMENT
3.4 PARKING AND LOADING
3.5 PUBLIC INFRASTRUCTURE FACILITIES
3.6 LAYOUT AND DESIGN STANDARDS
3.7 GENERAL SIGNS AND ADVERTISEMENT SIGNS
3.8 NOISE, EMMISSIONS, ODOURS AND DEBRIS
3.9 SAFETY
3.10 REFUSE STORAGE AND DISPOSAL
3.11 NATURAL RESOURCES PROTECTION

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3.1 DESIGN STANDARDS ADMINISTRATION

3.1.1 PURPOSE
3.1.1.1 The following provisions describe how the Design Standards and Regulations are
intended to be applied, and the relationship between this Chapter and the supplementary
design standards for specific land uses and building types contained in PART II, Land
Use Zone – Regulations and Development Standards.
3.1.2 APPLICABILITY
3.1.2.1 The standards in this chapter will be applied to all developments which require planning
permission.
3.1.2.2 For Non-Conforming Situations, see PART IV for provisions related to non-conforming
uses and developments.

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3.2 ACCESS AND CIRCULATION

3.2.1 PURPOSE
3.2.1.1 The purpose of this Chapter is to ensure that developments provide safe and efficient
access and circulation for pedestrians and vehicles. Section 3.2.2 provides standards for
vehicular access and circulation, while section 3.2.3 provides standards for pedestrian
access and circulation.
3.2.2 VEHICULAR ACCESS AND CIRCULATION
3.2.2.1 The purpose of this Section is to manage access to land uses and on-site circulation, and
to preserve the transportation system in terms of safety, capacity, and function. This
Section applies to all public streets within the settlements, and to all properties that abut
these roadways.
3.2.2.2 The provisions of this section apply to all public streets within settlements and to all
properties that abut these streets. The standards apply when plots are created,
consolidated, or modified through a land subdivision, consolidation and plot boundary
adjustment.
3.2.2.3 All new developments shall be required to provide a circulation system that
accommodates expected traffic on the site. Pedestrian connections on the site, including
connections through large sites, and connections between sites (as applicable) and
adjacent sidewalks, must conform to the provisions of chapter 3.2, Access and
Circulation.
3.2.2.4 Access Connections and Driveway Design: All driveway connections to a public right-
of-way (access) and driveways shall conform to all of the following design standards:

Driveway Width
3.2.2.5 Driveways shall meet the following standards:

 Each lane shall have a minimum width of 3meters and shall have an appropriate
signage designating the drive way.

 Driveway Approaches: Driveway approaches shall be designed and located to

provide exiting vehicles with an unobstructed view of other vehicles and pedestrians,
and to prevent vehicles from backing into the flow of traffic on the public street or
causing conflicts with on-site circulation. Construction of driveway accesses along
acceleration or deceleration lanes or tapers should be avoided due to the potential for
vehicular conflicts. Driveways shall be located to allow for safe manoeuvring in and
around loading areas.

 Fire Access and Turnarounds: Fire access lanes with turnarounds shall be provided.
Except as waived in writing by the Fire Department, a fire equipment access drive
shall be provided for any portion of an exterior wall of the first storey of a building
that is located more than 50 metres from an existing public street or approved fire
equipment access drive. The drive shall contain unobstructed adequate aisle width 5 -
7 metres and turn-around area for emergency vehicles. Fire Department may require
that fire lanes be marked as “No Stopping/No Parking.

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 Vertical Clearances: Driveways, private streets, aisles, turn-around areas and ramps
shall have a minimum vertical clearance of 5 metres for their entire length and width.

3.2.3 PEDESTRIAN ACCESS AND CIRCULATION

3.2.3.1 Site Layout and Design: To ensure safe, direct, and convenient pedestrian circulation, all
developments, except single-family detached housing (i.e., on individual lots), shall
provide a continuous pedestrian system. The pedestrian system shall be based on the
standards as below:

 Continuous Walkway System: The pedestrian walkway system shall extend

throughout the development site and connect to all future phases of development, and
to existing or planned off-site adjacent trails, public parks, and open space areas to
the greatest extent practicable. The developer may also be required to connect or stub
walkway(s) to adjacent streets and to private property with a previously reserved
public access easement for this purpose, in accordance with the provisions of Section
3.2.2, Vehicular Access and Circulation.

 Safe, Direct, and Convenient: Walkways within developments shall provide safe,
reasonably direct, and convenient connections between primary building entrances
and all adjacent streets, based on the following definitions:

 Reasonably direct: A route that does not deviate unnecessarily from a straight
line or a route that does not involve a significant amount of out-of-direction
travel for likely users.

 Safe and convenient; Routes that are reasonably free from hazards and
provide a reasonably direct route of travel between destinations.

 "Primary entrance" for commercial, industrial, mixed use, public, and

institutional buildings is the main public entrance to the building. In the case
where no public entrance exists, street connections shall be provided to the main
employee entrance.

 "Primary entrance" for residential buildings is the front door (i.e., facing
the street). For multifamily buildings in which each unit does not have its own
exterior entrance, the “primary entrance” may be a lobby, courtyard, or
breezeway which serves as a common entrance for more than one dwelling.

 Connections Within Development. Connections within developments shall be

provided as set out below:

 Walkways shall connect all building entrances to one another to the extent
practicable;

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 Walkways shall connect all on-site parking areas, storage areas, recreational
facilities and common areas, and shall connect off-site adjacent uses to the site to
the extent practicable. Topographic or existing development constraints may be
cause for not making certain walkway connections.

Walkway Design and Construction

3.2.3.2 Walkways, including those provided with pedestrian access ways, shall conform to all of
the standards shown below.

 Vehicle/Walkway Separation: Except for crosswalks, where a walkway abuts a

driveway or street, it shall be raised 0.2 metres and curbed along the edge of the
driveway/street. Alternatively, the decision body may approve a walkway abutting a
driveway at the same grade as the driveway if the walkway is protected from all
vehicle manoeuvring areas. An example of such protection is a row of decorative
metal or concrete bollards designed to withstand a vehicle’s impact, with adequate
minimum spacing between them to protect pedestrians.

 Crosswalks: Where walkways cross a parking area, driveway, or street (“crosswalk”),

they shall be clearly marked with contrasting paving materials (e.g., light-colour
concrete inlay between asphalt), which may be part of a raised/hump crossing area.
Painted or thermo-plastic striping and similar types of non-permanent applications
may be approved for crosswalks not exceeding 8 metres in length.

 Walkway Width and Surface: Walkway and access way surfaces shall be concrete,
asphalt, brick/masonry pavers, or other durable surface, at least 3 metres wide.
Multi-use paths (i.e., for bicycles and pedestrians) shall be concrete or asphalt, at
least 4 metres wide.

Accessible routes: This shall cater for the handicapped. The ends of all raised walkways, where the
walkway intersects a driveway or street shall provide ramps that are accessible, and walkways
shall provide direct routes to primary building entrances.

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3.3 AESTHETICS ENHANCEMENT

3.3.1 PURPOSE
3.3.1.1 The purpose of this chapter is to enhance aesthetics in the built environment and to
promote public health, safety, and welfare by protecting natural vegetation and setting
development standards for landscaping, street trees, fences, and walls. Together, these
elements of the natural and built environment contribute to the visual and aesthetic
quality, environmental health, and character of settlements. Trees provide climate control
through shading during summer months and wind screening during winter. Trees and
other plants can also buffer pedestrians from traffic. Walls, fences, trees, and other
landscape materials also provide vital screening and buffering between land uses.
Landscaped areas help to control surface water drainage and can improve water quality,
as compared to paved or built surfaces. The specific purposes of the various sections in
this chapter are as follows:

 Landscape Conservation prevents the indiscriminate removal of significant trees and

other vegetation, including vegetation associated with streams, wetlands, and other
protected natural resource areas. This section cross-references section 2.7.3, which
regulates developments on environmentally sensitive areas.

 Landscaping sets standards for and requires landscaping of all development sites that
require Site Design Review. This section also requires buffering for parking and
maneuvering areas, and between different land use zones. Landscaping is an
important element in the enhancement of the aesthetic qualities of the built
environment.

 Street Trees set standards for and requires planting of trees along [designated / all]
streets for shading, comfort, and aesthetic purposes.

 Fences and Walls set standards for new fences and walls, including maximum
allowable height and materials, to promote security, personal safety, privacy, and
aesthetics.

3.3.2 LANDSCAPE CONSERVATION

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3.3.2.1 Applicability: All development sites containing Significant Vegetation, as defined below,
shall comply with the standards of this Section. The purpose of this Section is to
incorporate significant native vegetation into the landscapes of development and protect
such significant native vegetation from destruction. The use of mature, native vegetation
within developments is a preferred alternative to removal of vegetation and re-planting.
Mature landscaping provides summer shade and wind breaks, controls erosion, and allows
for water conservation due to larger plants having established root systems.
3.3.2.2 Significant Vegetation: “Significant vegetation” means individual trees and shrubs
within designated Sensitive Lands, [and trees and shrubs not within Sensitive Lands area
that have a caliper of 0.2 metres or larger,] except that protection shall not be required
for plants considered as invasive plant species.
3.3.2.3 Protection Standards: Significant trees and shrubs identified as meeting the criteria in
Sub Section II, above (Significant Vegetation, shall be retained to the extent practicable to
minimize the risk of erosion, landslide, and stormwater runoff. Where protection is
impracticable because it would prevent reasonable development of public streets, utilities,
or land uses permitted by the applicable land use zone, the Responsible Planning
Authority may allow removal of significant vegetation from the building envelope as
defined by required plot setbacks. Where other areas must be disturbed to install streets or
utilities, the applicant may be required to restore such areas after construction with
landscaping or other means to prevent erosion and to protect the public health, safety, and
welfare. With the owner’s consent, the Responsible Planning Authority may accept a land
dedication or become a party to a conservation easement on private property for
conservation purposes.
3.3.2.4 Construction: All significant vegetation on a site that is not otherwise designated and
approved by the Responsible Planning Authority for removal shall be protected prior to,
during, and after construction in accordance with a limit-of-clearing and grading plan
approved by the Responsible Planning Authority. The Responsible Planning Authority
may limit grading activities and operation of vehicles and heavy equipment in and around
significant vegetation areas to prevent erosion, pollution, or landslide hazards.
3.3.2.5 Exemptions: The protection standards in Subsection “III” and “IV above” shall not
apply to:

 Dead or Diseased Vegetation - Dead or diseased trees may be removed through a

prior consultation with the Responsible Planning Authority.

 Hazardous Vegetation and Other Emergencies - Significant vegetation may be

removed without land use approval when the vegetation poses an immediate threat to
life or safety, or the vegetation must be removed for other reasons of emergency (e.g.,
falling over road or power line, blocked drainage way, or similar circumstance), as
determined by the Responsible Planning Authority or emergency service provider.

3.3.3 LANDSCAPING

General Landscaping Guidelines

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3.3.3.1 A minimum 10% of all development sites shall be soft landscaped.
3.3.3.2 The following locations shall be provided with specific landscape treatment:

 main entrances to buildings

 pedestrian and vehicular entrances and exits to a site

 pedestrian activity nodes

 outdoor amenity areas

 intersections of streets and roadways

 parking lots

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3.3.3.3 Developments shall be required to use landscaping designs that include a variety of
appropriate trees, shrubs, and ground covers.
3.3.3.4 The use of local and drought-resistant species shall be encouraged, in order to reduce long
term maintenance requirements and conserve water.
3.3.3.5 Grass shall be allowed as ground cover in landscaped areas, provided it conforms to water
conservation strategies.
3.3.3.6 Developments shall plan for the mature size of trees and major shrubs to avoid
interference with windows, decks or lighting.
3.3.3.7 Maintain unobstructed visibility to building entrances, key architectural features, signage
and public spaces. Locate plant material in a manner that provides adequate site lines for
both motorists and pedestrians.
3.3.3.8 Landscaping shall be provided at the street line, in order to contribute to the continuity of
landscaping between adjacent properties.
3.3.3.9 Trees and shrubs shall be grouped in order to frame building elevations and to add visual
interest to blank facades and open spaces.
3.3.3.10 Landscaping shall be used to soften building elevations, maintain a pedestrian scale and
provide definition to public walkways and open spaces.
3.3.3.11 Landscaping shall be used to screen and buffer parking areas, open storage and other site
service elements.
3.3.3.12 Landscaping shall be used for protection from excessive summer sun and cold winter
winds. Where people congregate, shall be enhanced through landscaping and tree
planting.
3.3.3.13 The use of soft and hard landscape material shall be required to stabilize steep
embankments, such as retaining walls, ground cover and trees.
3.3.3.14 Plantings consisting of trees and shrubs shall be a minimum of 50% coniferous plantings.
3.3.3.15 All berming and finished grades shall be a maximum slope of 3:1 for maintenance and
landscape purposes.
3.3.3.16 Shrubs and trees shall be placed in such a manner that they do not create visual
obstructions or provide hiding places for criminals.
3.3.3.17 A minimum space of 1,5m shall be provided between driveways and garden walls to
allow for the growth of the trunks of trees.

3.3.4 LANDSCAPING, SCREENING AND BUFFER REQUIREMENTS

Purpose

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3.3.4.1 The application of proper landscaping and screening in required and necessary areas can
reduce the potential incompatibility of adjacent landuses, conserve natural resources,
maintain open spaces, protect established residential neighbourhoods, and promote and
enhance aesthetics and neighbourhood appearances. Landscaping shall be coordinated
with all site design elements including building layouts, parking, accesses and signs.
More specifically, the provisions of this section are meant:
 To provide buffering between single-family land uses and multifamily, office,
commercial, and industrial land uses.

Applicability

3.3.4.2 Parking lots, loading spaces, service stations, refuse collection, compaction and recycling
areas, utility substations and roof top machinery shall be landscaped and/or screened as
follows:
 To provide shade in open parking lots and minimise visibility of paved surfaces, one
canopy tree type for every 2 parking spaces.
3.3.4.3 Refuse collection for Multifamily, Industrial and Commercial; refuse compaction and
recycling and other similar service areas shall be located on the side or rear of the
building and shall be effectively screened from view of residential properties. Refuse
collection points shall be fully enclosed by opaque walls or fences of a minimum height
1.8m, with roofing and self-closing access doors and shall be constructed with such
materials as to blend with the primary building.
3.3.4.4 Refuse collection for single family residential shall be located on the front of the building.
3.3.4.5 Loading areas not in industrial zone shall be located to the side or rear of buildings, and
shall not be visible from any public right-of-way.
3.3.4.6 All roof, ground and wall mounted mechanical equipment (e.g. air conditioning
equipment, compressors and elevator equipment) shall be screened from view of adjacent
building and public right-of-way at ground level of the plot boundary line.
3.3.4.7 Roof – mounted mechanical equipment shall be shielded from view on all sides.
Screening shall consist of materials consistent with the primary building materials and
painted to blend with the primary structure.
3.3.4.8 Wall or ground – mounted screening shall be constructed of planting screens, brick,
reinforced concrete or similar materials.
3.3.4.9 Unless specifically stated, the requirements set forth in subsection (iii) shall apply to all
zones and landscape plans shall be required for approvals by responsible local planning
authorities.

Minimum Landscaping Standards

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3.3.4.10 All landscaping plans shall fully meet the following standards;
3.3.4.11 Landscaping shall not hinder the vision of motorists and pedestrians necessary for safe
movement into, out of, and within the site.
3.3.4.12 Landscaping materials shall be selected and placed in such a manner that they do not
interfere with or damage existing utilities, safe and enjoyable use of properties on or off
site.

Maintenance of Landscaping

3.3.4.13 Responsibility: The responsibility for maintenance of landscaped areas shall remain with
the owner, their successors, heirs, assignees or any consenting grantee. Maintenance is
required in order to ensure the proper functioning of a landscaped area.
3.3.4.14 Maintenance: All landscaping shall be maintained in an attractive and healthy condition.
Maintenance shall include, but not be limited to, watering, mulching, fertilizing and pest
management, mowing, weeding, removal of litter and dead plant material, and necessary
pruning and trimming.
3.3.4.15 Dead plantings shall be removed. Replacement plantings shall be provided for any
required plants which die or are removed for any reason and shall meet all minimum
standards and conform to the requirements of this development code.
3.3.4.16 Natural water courses shall be maintained in a natural condition.
3.3.4.17 Landscape structural features such as walls, fences, berms or water features shall be
maintained in a structurally safe and attractive condition.

Transitional Buffer Zones

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3.3.4.18 General Requirements: Unless otherwise provided, all commercial, industrial, intuitional,
and parking plots which abut, or, in the absence of an alley, would abut any residential
plot shall be required to provide a Transitional Buffer Zone. Multifamily plots containing
more than two dwelling units which abut, or, in the absence of an alley, would abut any
single-family zone are also required to provide a Transitional Buffer zone.
3.3.4.19 If there is a significant naturally occurring visual break between the commercial,
industrial, intuitional, parking and residential lots, such as a wooded stream, ravine, or an
area with extensive natural vegetation, the need for a transitional buffer zone may not be
necessary.
3.3.4.20 Prohibited Materials: Any transitional buffer yard shall be maintained as a planted or
landscaped area only. Exotic, invasive woody plants must be removed from the
Transitional Buffer Zone. No driveways refuse containers, storage, vehicular
maneuvering area, mechanical equipment, sidewalks, materials other than landscaping, or
structures of any form shall be located within any required Transitional Buffer Zone.
3.3.4.21 Utility Structures: Utility structures may be permitted in a Transitional Buffer Zone on a
case by case basis.

3.3.5 STREETSCAPE

General Requirements

3.3.5.1 A clear relationship between the street-space and building owners and operators’ own
plots shall be maintained at all times.
3.3.5.2 Streetscape design shall encourage and facilitate pedestrian movements.
3.3.5.3 Trees and plants shall be an integral part of the streetscape as they contribute to reduction
of noise and air pollution, maintenance of the natural habitat, and conservation of water.
3.3.5.4 Streetscape shall also be enhanced through appropriate streetlights, traffic signals, vehicle
and pedestrian signs, street furniture and utilities.

Types of Streetscape

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3.3.5.5 The following development parameters for strips of land between buildings and the street,
and including on-site requirements (on private property outside of the public right-of-
way) and off-site requirements (on public property inside of the public right-of-way),
shall be followed.

TYPE 1

3.3.5.6 Buildings shall be placed adjacent to street with no parking between building and street.
Sidewalks, trees and lawns shall be allowed.

Figure 3.1: Type 1 Streetscape

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TYPE 2
3.3.5.7 Buildings shall be placed closer to street, with the parking area in-between the street and
allowance made for angled and parallel parking, trees planted in grates and tree lawns.

Figure 3.2: Type 2 Streetscape

TYPE 3

3.3.5.8 Parking shall be located adjacent to the street, with allowance for head-in parking, buffer,
sidewalk (trees planted in grates) and tree lawns.

Figure 3.3: Type 3 Streetscape

TYPE 4

3.3.5.9 Shall be used for mainly residential areas, and shall have with sidewalks, and trees
planted adjacent to street. In addition, trees shall be planted in front yards.

Figure 3.4: Type 4 Streetscape

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TYPE 5

An open portion of site shall be adjacent to street, with no building or parking area within 10
metres of the street. Sidewalks and tree lawns shall be allowed.

Figure 3.5: Type 5 Streetscape

Public Art

3.3.5.10 Public Art shall be incorporated in various ways into the physical elements of
neighbourhoods, zones and communities. The incorporation of public art in urban design
shall aim at achieving the proper balance of function, usability and aesthetic delight.
These may include pocket parks, street furnishings, bridges, utility infrastructure,
drainage accessories, and public transport shelters.
3.3.5.11 Public art shall not be reduced to a few objects placed in the middle of badly designed
open space; rather it shall be integrated into the overall concept of an open space and
form part of urban life.
3.3.5.12 Public art shall include the following as shown in Table 3.6

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Table 3.3: Types of Public Art

Decorative signs Posters/banners Street furniture Lighting

Clocks Floor works Wall works/murals New media

Exhibitions Displays Performances Railings

Community projects Sculptures Glasswork and brickwork Decorative stone carving

Planters Concourse gates

3.3.5.13 Different components of public furniture shall be combined to enhance overall

convenience, security and appearance; to facilitate maintenance; and to prevent cluttering.
3.3.5.14 Painting of architectural facades shall be used to add beauty to simple or plain buildings.
These are to be very unique 3-D murals that give the impression of additional windows,
stone corner columns and landscape features on a flat surface building. These types of
projects foster pride in the residents of neighborhoods and add an overall feeling of
“richness” to the structures.
3.3.5.15 Public Art sculptures shall be strategically placed throughout a neighborhood, which may
help set it apart from others, resulting in community pride as well.
3.3.5.16 Large scale development shall integrate public art and design in public infrastructure for
improved project integration into the community.
3.3.5.17 Public art, ornamental structures and other special design features shall be incorporated
into the design of plazas, parks, entrance corridors and gateways.
3.3.5.18 The display of public art shall be required to be coordinated with the architecture and
street furniture pieces adjoining them.
3.3.5.19 Water features shall be designed for where appropriate, including in areas such as
terminal points to sight lines in plazas, parks, squares or corridors.
3.3.5.20 All public furniture placed in civic squares (e.g. bollards, benches and litter bins) shall be
treated as public art.
3.3.5.21 Symbolic features, such as statues, monuments, markers, gateway structures, triumphal
arches and water features shall be placed at strategic locations.
3.3.5.22 Utility boxes may be painted with colourful designs which, not only aimed at deterring
graffiti, but to also brighten up the area.

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3.3.6 STREET TREES
3.3.6.1 Street trees shall be planted for all developments that are subject to Subdivision or
Planning Permission Approvals. Planting of street trees shall generally follow
construction of curbs and sidewalks, however, the Responsible Planning Authority may
defer tree planting until final inspection of completed dwellings to avoid damage to trees
during construction. The planting and maintenance of street trees shall conform to the
following standards and guidelines and any applicable road authority requirements:

Guidelines and Standards

3.3.6.2 Growth Characteristics: Trees shall be selected based on climatic conditions, growth
characteristics and site conditions, including available space, overhead clearance, soil
conditions, exposure, and desired colour and appearance. The following should guide
tree selection by developers and approval by the Responsible Planning Authority:

 Provide a broad canopy where shade is desired, except where limited by available
space.

 Use low-growing trees for spaces under low utility wires.

 Select trees which can be “limbed-up” to comply with vision clearance requirements.

 Use narrow or “columnar” trees where awnings or other building features limit
growth, or where greater visibility is desired between buildings and the street.

 Use species with similar growth characteristics on the same block for design
continuity.

 Avoid using trees that are susceptible to insect damage and trees that produce
excessive seeds or fruit.

 Select trees that are well-adapted to the environment, including soil, wind, sun
exposure and temperature tolerance. Drought-resistant trees should be chosen where
they suit the specific soil type.

 Select trees for their seasonal colour if desired.

 Use deciduous trees for summer shade and winter sun, unless unsuited to the location
due to soil, wind, sun exposure, and annual precipitation.

 The diameter of the tree trunk at maturity shall not exceed the width and size of the
planter strip or tree well.

3.3.6.3 Calliper Size: The minimum diameter or calliper size at planting, as measured 1 meter
above grade, shall be 5 cm.

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3.3.6.4 Spacing and Location: Street trees shall be planted within the street right-of-way within
existing and proposed planting strips or in sidewalk tree wells on streets without planting
strips, except when utility easements occupy these areas. Street tree spacing shall be
based upon the type of tree(s) selected and the canopy size at maturity and, at a minimum,
the planting area shall contain 1m2. In general, trees shall be spaced no more than 9m
apart, except where planting a tree would conflict with existing trees, retaining walls,
utilities and similar physical barriers. All street trees shall be placed outside utility
easements.
3.3.6.5 Soil Preparation, Planting and Care: The developer shall be responsible for planting
street trees, including soil preparation, ground cover material, staking, and temporary
irrigation for two years after planting. [The developer shall also be responsible for tree
care (pruning, watering, fertilization, and replacement as necessary) during the first two
years after planting, after which the Relevant Local Planning Authority shall take part in
maintaining the trees].

Assurances:

3.3.6.6 ALTERNATIVE 1: The developer shall pay a fee to the Responsible Planning Authority,
in accordance with the adopted fee schedule, for each required street tree. The fee shall
cover the Authority’s expense for the first two years of care.
3.3.6.7 ALTERNATIVE 2: The Responsible Planning Authority shall require the developer to
provide a performance and maintenance bond in an amount determined by the Planning
Authority, to ensure the planting of the tree(s) and care during the first two years after
planting.
3.3.7 FENCES AND WALLS

General Provisions

3.3.7.1 The following general provisions shall apply;

 Fences and Walls may be erected upon all property lines provided that they conform
to the required maximum height limit; are within the visibility triangle; and the
enclosure does not encroach upon any right-of-way, drainage or utility easements or
floodway; and does not encroach into the visibility triangle of any drive approach;

 Fences and boundary walls shall be constructed as of right, without neighbour

consultations, subject to compliance with relevant height restrictions and other
requirements. The Local planning authority shall refer the proposal for construction
of a boundary wall or fence to adjacent land owners for comment, where necessary;

 Fences and walls shall be constructed in such a manner that the finished or plastered
side shall face the neighbouring property;

 Fence posts shall be on the side of the fence facing away from the neighbouring
property;

 Front yard fences and walls that are continuous in length shall have one (1) access
opening a minimum of 3m – 4m in width and shall remain unobstructed by any items

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other than a gate in order to form a clear passage to the street. A pedestrian gate shall
also be permitted;

 No fence or wall nor poles supporting a fence or wall shall be erected outside the
property line;

 On construction sites, temporary fences shall be permitted for safety or traffic control
and may be installed in public right-of-way pursuant to a right-of-way use permit. All
provisions and regulations governing the erection, maintenance, height, location and
relocation of fences shall govern temporary fences. The period of a temporary fence
shall coincide with the period of construction;

 Fences, walls, and hedges which existed prior to the adoption of this code that exceed
the prescribed height or access opening requirements and pose a public safety hazard
as to in and out shall be required to comply with the foregoing provisions;

 Any fence which is, or has become dangerous to public safety, health or welfare, is
considered a public nuisance and the owner shall be required to abate the nuisance.

Standards and Regulations

RESIDENTIAL LAND USE

 Single Family Residential

3.3.7.2 A fence or solid wall not exceeding 1.25m in height may be erected on any plot boundary.
This may be extended in height to 1.8m on a side or rear plot boundary, provided that it is
perforated above its 1.25m height. The front plot boundary wall shall have a solid wall
base of at least 1/3 the height of the view fence which shall be of a maximum height of
1.25m.

COMMERCIAL LAND USE

3.3.7.3 Fences and walls shall be prohibited in central core commercial areas and Central
Business District.
3.3.7.4 For stand-alone plots, the wall may be constructed at 0.5m solid wall and an extension in
height of up to 1.5m palisade fence.

SPORTS AND RECREATION

3.3.7.5 All outdoor sports and recreation facilities may be enclosed on all open sides by an open
chain link fence, of between 3m and 4.5m above the existing ground grade.

OPEN SPACES

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3.3.7.6 Fences and walls shall not be permitted in floodway areas as designated on the Relevant
Authority flood plain maps;
3.3.7.7 Fences and walls may be located across drainage swales provided they are a minimum of
20 cm above grade, with the exception of upright posts or bars. No permit for any fence
shall be issued if the construction or location of said fence or wall does not conform to the
above, as it would create an unreasonable obstruction to the natural flow of water within
any drainage easement.
3.3.7.8 Satisfactory arrangements shall be made where necessary for the disposal of surface and
seepage drainage to an approved disposal system.
3.3.7.9 Fences adjoining open spaces or park areas shall be ornamental fences and be 100% open
in order to open a visual aesthetic from the park that contributes to the feeling of public
open space. This separation of public access and private property shall be clear. The
fences shall maintain a minimum height of 1.25m, be of consistent colour and design
throughout the development.

INDUSTRIAL LAND USE

3.3.7.10 A solid wall not exceeding 1.8 metres shall be required for industrial plots which shall act
as screening device from public view.

CIVIC AND COMMUNITY LAND USE

3.3.7.11 A fence or solid wall of a maximum height of 0.5 metres shall be permitted on any plot
boundary for the purpose of landscaping.
3.3.7.12 For stand-alone plots, the wall may be constructed at 0.5m solid wall and an extension in
height of up to 1.5m palisade fence.

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3.4 PARKING AND LOADING

3.4.1 PURPOSE
3.4.1.1 The purpose of providing parking and loading standards for vehicles is to among others,
considerably reduce street congestions and traffic hazards, as well as to ensure safe and
convenient accesses to residences, business and office premises, public places of
assembly and other land use activity areas. In addition, the purpose of the provisions of
this chapter is to provide for appropriately designed parking facilities in proportion to the
needs generated by varying types of land uses. Off-street parking and loading bays shall
be provided in such numbers, at such locations and with such improvements as provided
by the provisions of sections 3.4.2 to 3.4.5.
3.4.2 APPLICABILITY
3.4.2.1 All development subject to Planning Permission Approvals, including development of
parking facilities shall comply with the provisions of this chapter.
3.4.3 AUTOMOBILE PARKING STANDARDS

General Provisions

3.4.3.1 No land shall be developed as a vehicular parking use area (except single – family)
without a site plan approved by the responsible local planning authority.
3.4.3.2 No use shall provide less than the minimum of off – street parking required under this
section. In phased projects, individual phases of the project are exempt from the
maximum parking standards, provided that the entire project does not exceed the
maximum allowable parking spaces when fully built.
3.4.3.3 Required parking spaces shall not be used for the storage or sale of merchandise, vehicle
storage, and sale of vehicles or vehicle repair.
3.4.3.4 For single – family detached and single – family attached dwelling units, required off –
street parking spaces shall be located on the same plot. Only designated driveways within
the setback area between the primary structure and the street may be used for parking.
3.4.3.5 For Townhouses, Apartment and Non-residential uses, required parking spaces shall be
located on the same plot or on land within 100 metres of the building, structure or use
served along the shortest available pedestrian route (measured from the nearest point of
the parking area to the nearest point of the building, structure or use served by such
parking lot), provided that such off – site parking complies with the following:

 Meets off – street parking requirements as in Table 3.7

 Such off-street parking spaces are located within a zone which would permit the use
to which such parking is accessory.

 For Townhouse and Apartment housing types, no parking is permitted between the
building and the street.

 For non-residential uses, all parking lots shall observe the parking setback
requirements as set out in Land Use Zones Chapter.

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3.4.3.6 Underground parking shall be encouraged in large-scale developments;
3.4.3.7 Parking facilities shall be designed for safety and convenience;
3.4.3.8 There shall be a clear distinction of pedestrian and vehicular movements within parking
lots.
3.4.3.9 The layout of parking areas shall allow for a variety of uses at the times during which
there is no significant demand for parking spaces (e.g. in the evenings, after hours in
employment areas). In such situations, parking lots may be used for flea markets and
public gatherings.

Off – Street Parking Requirements

3.4.3.10 Except as otherwise provided in this section the minimum number of required off-street
parking spaces shall be as shown in Table 3.7

Method of Determining Number of Parking Spaces Required

3.4.3.11 To determine the number of off-street parking spaces required, the following indices shall
be used:

 Floor Area – Unless specifically stated otherwise, when computing parking

requirements based on the amount of square metreage, all calculations shall be on the
basis of gross usable area of the several floors of a building;

 Seating in stadia, places of worship and other places of assembly in which patrons or
spectators occupy seats, pews or other similar seating facilities, each 40cm of width
shall be counted as a seat for the purpose of determining requirements for off-street
parking;

 When computation of required parking spaces results in a fractional number, the

number of spaces required shall be the next highest whole number;

 Developments containing more than one use shall provide parking spaces in number
equal to the total of the requirements for all uses;

 In residential areas in which garage space is provided, the garage space may be
considered in determining whether parking requirement has been met;

 The parking space requirements for a use not specifically listed in Table 3.4 shall be
the same as for the listed use deemed most similar to the proposed use and on the
particular parking and trip generation characteristics of the proposed use.

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Table 3.4: Off-Street Parking Requirements

Use Category Specific Use Minimum Parking Spaces

RESIDENTIAL

Multi – Family Residential- 1 per unit

Household Living Townhouses, Apartments

3 per unit
Live-work

Grouping Living Boarding house, rooming house, 1.0 per 2 beds

Dormitory, Convent, Hospice,
Orphanage, Personal care home for the
elderly, Home for the disabled

CIVIC &
COMMUNITY

Community Service Museum, Library, Police Station, Fire 1 per 40m2 of Gross Floor
Station, Art Gallery, Offices for Area
payment of rent; water, electricity and
telecommunication bills.

Day Care Day Care Centre, Nursery School, Pre- 1 per classroom
School, Drop-in Child Care Centre

Educational Facility Primary, Junior Secondary 1 per classroom

Vocational, Senior Secondary,

University.

1 per 5 seats or bench seating

Place of Worship Church, Mosque, Temple, Synagogue spaces

(where 5 seats is 10m2)

Medical Facility Hospital 1 per 2 beds

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Medical Clinic, Dental Clinic

COMMERCIAL

1 per 40m2 of Gross Floor

Retail Sales and Services Furniture Store Area

All other uses

Sleeping Accommodation Hotel

Motel 75% per number of rooms

Guest house

1 per 40m2 of Gross Floor

Office All uses Area

Indoor Recreation Bar, tavern, coastal lounge, Nightclub, 1 per 40m2 Gross Floor Area
Restaurant with entertainment

All other uses with fixed seats

Outdoor Recreation Golf Course, country club 4 per hole and 1.0 per
employee

1 per 40m2 of Gross Floor

Restaurant All uses Area

Self-Service Storage All uses 1 per 50m2 of office space

Vehicle Sales and Service Car wash 2 per washing bay

Auto Rental, Sales, Leasing 1 per 50m2 indoor Gross

Area

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SPORT,
RECREATION, PARK
OPEN AREA

1 per 5 seats or bench seating

Sports and Recreation 1. Stadium spaces (where 5 seats is
10m2)

1 per 40m2 of Gross Floor

2. Football pitch play ground Area

Park/Open Area 1. Park, Amusement Park, 1 per 40m2 of Gross

Recreational field Floor Area

2. Cemetery, memorial Park 1 per 150 plots

INDUSTRIAL

Wholesale Trade All uses 1 per 40m2 of Gross Floor

Area

Warehouse and All uses 1 per 40m2 of Gross Floor

Distribution Area

Light Industrial Research and experimental laboratory 1 per 40m2 of Gross Floor
without manufacturing Area

All other uses

Heavy Industrial All uses 1 per 40m2 of Gross Floor

Area

Waste Related Service All uses 1 per 40m2 of Gross Floor

Area

OPEN USE
CATEGORY

Agricultural Uses All uses None Required

Resource Extraction All uses None Required

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Arrangement and Design of Parking Spaces

3.4.3.12 Access to all parking spaces shall be functional.

3.4.3.13 Where 4 or more parking spaces are required, other than single-family and 2-family
dwellings, the parking lot shall be designed or arranged in a manner that no manoeuvring
into or from any street or walkway is necessary in order for a vehicle to enter or leave a
parking space, and which allows all vehicles to enter the street in a forward position.
3.4.3.14 Vehicle parking space shall be at least 2.5m in width and 5m in length. Figures 3.6 – 3.8
illustrate different parking spaces designs and arrangements.
3.4.3.15 Minimum aisle width for parking bays shall be provided in accordance with the
following:

Parking Angle Aisle Width

00 - 500 4m

510 - 700 6m

710 - 900 7m

3.4.3.16 In and out aisles shall be provided to street and between parking bays, and driveway
leading into a parking area shall not be less than 4m in width, except that driveways for
detached and semi-detached units shall be no less than 3m.

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Improvements of off-street Parking Spaces, Parking Lots and Drive

3.4.3.17 All off – street parking spaces, parking lots and driveways shall be provided and
maintained with an all-weather surface (asphalt bitumen, concrete or other material
approved by the responsible local planning authority) and shall be maintained in a
smooth, well graded condition. Exceptions to materials used for surfacing of parking
spaces shall be in Nature Preserve and Agricultural zones, Parks, Playgrounds, Stadia and
other similar outdoor recreation areas, where crushed stones, gravel chippings or other
materials as may be determined by the responsible local planning authority.
3.4.3.18 Each parking space shall be marked off and maintained so as to be distinguishable.
3.4.3.19 All off-street parking lots with frontage on any portion of street road reserve shall provide
landscaping in accordance with the provisions of section 3.3.3, Landscaping and
screening.
3.4.3.20 The perimeter of all off-street parking areas adjacent to a residential zone shall provide a
class C buffer (see section 3.3.3 landscaping and screening).
3.4.3.21 1 canopy form tree shall be planted for every 2 parking bays.
3.4.3.22 Off – street parking lots or area shall be illuminated during night time and shall be
shielded to prevent any illumination towards any plot within a residential or mixed use
zone.
3.4.3.23 All landscaping in or adjacent to an off – street parking lot shall be protected from
vehicular damage by a raised concrete curb 0.15m in height, however, the curb need not
be continuous.
3.4.3.24 Off – street parking areas shall not drain or cross public sidewalks or into adjacent
property, except into a natural watercourse or a drainage easement. In already developed
areas where this condition would be impossible to meet, the responsible local planning
authority may waive this requirement, provided that adequate provision is made for
drainage.

Paraplegic Parking Requirements

3.4.3.25 Non – Residential Uses – Paraplegic parking spaces shall be provided for all uses other
than residential at the rate as shown in Table 3.5;

Table 3.5: Paraplegic Parking Requirements

Total Number of Requirement Parking Number of Paraplegic Parking

Required

1-20 1

21 -40 2

41 – 60 3

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61 – 80 4

81 – 100 5

Above 100 Plus two space for each 100 over

200 spaces.

Parking requirements for group home and institutions for physically disabled

3.4.3.26 For every 3 parking requirements provide 2 paraplegic parking bays (3:2).

Design Standards for Paraplegic Parking

3.4.3.27 Parking Space Dimensions - Paraplegic parking spaces shall be 3.8 metres wide and shall
have an adjacent access aisle (a minimum of 1.5m in width) on one side. Two paraplegic
parking spaces may share a common access aisle.
3.4.3.28 Location of Spaces - Paraplegic parking bays spaces shall be located with the most direct
and practical access, at least 1 metre wide, to a primary accessible building entrance
unobstructed by bumpers, curbs, or other obstacles to wheelchairs. The site design shall
not permit parked vehicle overhangs or any other obstacle to reduce the clear width of
adjacent walkways unless as otherwise allowed in this Section. Parking spaces and access
aisles shall be level with surface slopes not exceeding a ratio of 1:4 in all directions.
There shall be a clear signs prohibiting parking in the access isle and the parking spaces
clearly marked for persons with disabilities. Ramps shall be constructed of slip-resistant
material for easy movement of wheel chairs.
3.4.3.29 On-Street Parking- On-street parking shall conform to the following standards:
3.4.3.30 Dimensions: The following constitutes one on-street parking space:

 Parallel parking, each 6 meters of uninterrupted curb;

 [45/60] degree diagonal, each with 4 metres of curb;

 90 degree (perpendicular) parking, each with 4 metres of curb.

3.4.3.31 Location: Parking may be counted toward the minimum standards in Table 3.7 when it is
on the block face abutting the subject land use. An on-street parking space must not
obstruct a required clear vision area and its must not violate any law or street standard.

3.4.3.32Public Use Required for Credit: On-street parking spaces counted toward meeting the
parking requirements of a specific use may not be used exclusively by that use, but shall
be available for general public use at all times. Signs or other actions that limit general
public use of on-street spaces are prohibited

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Off-site parking

3.4.3.32 Except for single-family dwellings, the vehicle parking spaces required by this Chapter
may be located on another parcel of land, provided the parcel is within 100 metres of the
use it serves and the Responsible Planning Authority has approved the off-site parking
through Land Use Review. The distance from the parking area to the use shall be
measured from the nearest parking space to a building entrance, following a sidewalk or
other pedestrian route. The right to use the off-site parking must be evidenced by a
recorded deed, lease, or similar written instrument.

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Multi-storey car parks and parkades

3.4.3.33 In major centres, parking shall be wrapped in buildings in order to efficiently use land and
also screen the impact of the cars from public view.
3.4.3.34 Multi-storey car parks shall be designated to incorporate active ground floor uses such as
shops and offices.
3.4.3.35 The exterior façade shall maintain a horizontal line throughout. The sloping nature of the
interior structure, necessary in the design of parking structures, shall not be repeated on
the exterior façade.
3.4.3.36 The height and mass of multi-storey car parks shall be consistent with the urban design
fabric within which the structure is to be located (e.g., a seven story parking structure
shall not be situated in an area that consists of primarily two-to three story structures).
3.4.3.37 Facades that face public rights-of-way shall incorporate a repeating pattern that includes
colour change, texture change and material change, each of which shall be integral parts
of the structure not superficially applied trim, graphics, or paint.
3.4.3.38 In addition, vertical elements shall be incorporated into the exterior façade design in order
to create a repeating pattern. This can be accomplished through the use of projecting ribs,
or offsets, which shall be no less than 0.3m in width. All such elements shall repeat at
intervals of no more than 10m.
3.4.3.39 A wall or other screening of sufficient height to screen parked vehicles and which
exhibits a visually pleasing character shall be provided.
3.4.3.40 Elevator and stair shafts shall be topped with gabled roofs or other architectural accents.
3.4.3.41 Ground-level retail use is encouraged to enhance the streetscape in commercial zones
with an existing or planned urban design fabric (e.g., Core Areas and Central Business
Districts).
3.4.3.42 Where retail is not practical, other amenities such as public art are encouraged as means
of enhancing the streetscape.
3.4.3.43 The ground-level of the structure shall not consist of a blank and featureless length of a
wall.
3.4.3.44 Pedestrian entrances shall be well defined and attractive
3.4.3.45 Access to parking structures shall be designed so as not to obstruct free flow of traffic on
adjoining public streets (e.g. right and left turn lanes into the structure).
3.4.3.46 Entrances and exits shall be located so that each is separated from the other in order to
reduce the turning movement conflicts.
3.4.3.47In and out to all parking spaces shall be adequately provided for to ensure ease of mobility,
ample manoeuvring clearance, and safety of vehicles and pedestrians.

3.4.3.48 Access points to the parking structure for pedestrians and vehicles shall be separated in
order to avoid pedestrian/vehicle conflicts.

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3.4.3.48 Loading areas within the structure shall be provided for vanpools/carpools which may be
picking up or discharging passengers who have vehicles parked in structure.
3.4.3.49 Parking shall not extend past the established building line on a block.
3.4.3.50 The perimeter of all parking lots shall be visually screened through the use of walls,
fences, and/or landscaping, with an emphasis on any portions fronting a street.
3.4.3.51 The method of screening shall vary, including masonry walls and fences for higher
density portions of the study area shall emphasize, and landscape screening for less dense
residential areas.
3.4.3.52 Subject to securing a use permit, commercial parking structures may exceed the zone’s
FAR subject to meeting the following standards:
3.4.3.53 The parking structure shall meet all the regulations and standards of this code, the
development plan and other design or development standards as may be adopted by the
planning authority.
3.4.3.54 The parking structure’s operation and/or design shall not create any traffic safety
problems or cause circulation problems on public streets.
3.4.3.55 The number of peak hour vehicle trips, both entering and exiting the property shall be less
than or equal to the maximum number of peak hour trips expected from any other use
allowed in the vicinity. Compliance with this standard shall be assessed based on a traffic
study prepared under the direction of the Responsible Planning Authority at the expense
of the project sponsor.

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Underground Parking

3.4.3.56 Underground parking fully below-grade or partially below-grade, allows more intense use
of street-level and above-grade areas, and shall be encouraged in inner core areas. The
following shall apply in the design of underground parking:
3.4.3.57 No portion of the driveway ramp or any subterranean parking court shall be located
within a required front, rear, or side yard.
3.4.3.58 The driveway ramp and subterranean parking court shall be screened from the view from
adjoining public and private property by garden walls, fences, and landscaping.
3.4.3.59 Screening landscaping between parking facilities and adjacent properties shall be
predominantly evergreen or drought resistant plants.
3.4.3.60 Floor-to floor heights shall be designed to be at least 2.5m to permit different uses in
future.
3.4.3.61 Visual links shall be provided to the outdoors to provide a sense of direction.
3.4.3.62 Day lighting shall be promoted predominantly near pedestrians’ entrances and exits.
3.4.3.63 Security shall be promoted with good lightning throughout and by eliminating hiding
places
3.4.3.64 Bicycle storage, changing facilities and utility services shall be integrated into the parking
strategy.
3.4.3.65 The interior design shall be logical, inherently guiding users to entrances and exits.
3.4.3.66 Robotic parking devices may be used to allow more cars to be stored in a given volume in
order to reduce circulation areas needed in standard parking lots and allow more efficient
use of space in very small sites.

Unspecified Tenants in Industrial Buildings

3.4.3.67 This provision applies to buildings with unspecified tenants in Industrial zones. Where
tenants are listed and by name of company, parking is calculated according to the uses
identified in the floor plan. Where tenants are not specified, parking shall be calculated
with 20 percent office and 80 percent warehouse.

Relaxations of Parking Requirements

3.4.3.68 The Responsible Local Planning Authority may relax or modify the required number of
parking spaces in specific land use activities, where applicant-submitted parking data,
prepared by a qualified town planner registered in Botswana demonstrates/illustrates that
the minimum parking requirements do not accurately apply to a specific development.
The data submitted for consideration of relaxation or modification of parking
requirements shall include at a minimum, the size and type of proposed development, the
mix of uses; the anticipated rate of parking turnover and the anticipated peak parking and
traffic loads of all uses.

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3.4.4 BICYCLE PARKING STANDARDS

3.4.4.1 Minimum Required Bicycle Parking Spaces. Uses shall provide long- and short-term
bicycle parking spaces, as designated in Table 3.6. Where two options are provided (e.g.,
2 spaces, or 1 per 8 bedrooms), the option resulting in more bicycle parking is used.

Table 3.6: Minimum Required Bicycle Parking Spaces

Use Categories Specific Uses Long-term Spaces Short-term Spaces

(covered or enclosed)
(near building
entry)

Residential Categories

Household Living Multifamily 1 per 4 units 2, or 1 per 20 units

Group Living 2, or 1 per 20 None

bedrooms

Dormitory 1 per 8 bedrooms None

Commercial Categories

Retail Sales And Service 2, or 1 per 1200 m2 of 2, or 1 per 500 m2 of

floor area floor area

Lodging 2, or 1 per 20 rentable 2, or 1 per 20

rooms rentable rooms

Office 2, or 1 per 1000 m2 of 2, or 1 per 3500 m2

floor area of floor area

Commercial Outdoor 8, or 1 per 20 auto None

Recreation spaces

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Use Categories Specific Uses Long-term Spaces Short-term Spaces

(covered or enclosed)
(near building
entry)

Major Event 8, or 1 per 40 seats None

Entertainment

Industrial Categories

Manufacturing And 2, or 1 per 1200 m2 of None

Production floor area

Warehouse And Freight 2, or 1 per 3500 m2 of None

Movement floor area

Institutional Categories

Basic Utilities Bus transit center 8 None

Community Service 2, or 1 per 1000 m2 of 2, or 1 per 1000 m2

floor area
of floor area

Parks (active recreation None

areas only)

Primary Schools Grades 2-5 1 per classroom, 1 per classroom

Colleges Excluding 4, or 1 per 2000 m2 of 2, or 1 per 1000 m2

dormitories (see net building area, of net building area,
Group Living,
above)

Medical Centers 5, or 1 per 5000 m2 of 2, or 1 per 2000 m2

net building area, or of net building area,
per CU review

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Use Categories Specific Uses Long-term Spaces Short-term Spaces

(covered or enclosed)
(near building
entry)

Religious Institutions and 5, or 1 per 5000 m2 of 3, or 1 per 2000 m2

Places of Worship net building area of net building area

Daycare 2, or 1 per 1000 m2 of None

net building area

Other Categories

Determined through Planning Application Appraisal processes as

Other Categories
applicable

3.4.4.2 Exemptions: This Section does not apply to single-family and two-family housing
(attached, detached, or manufactured housing), home occupations, agriculture and
livestock uses.
3.4.4.3 Location and Design: Bicycle parking shall be no farther from the main building
entrance than the distance to the closest vehicle space, or 10 metres, whichever is less.
Long-term (i.e., covered) bicycle parking should be incorporated whenever possible into
building design. Short-term bicycle parking, when allowed within a public right-of-way,
shall be coordinated with the design of street furniture, as applicable.
3.4.4.4 Visibility and Security: Bicycle parking for customers and visitors of a use shall be
visible from street sidewalks or building entrances, so that it provides sufficient security
from theft and damage;
3.4.4.5 Options for Storage: Long-term bicycle parking requirements for multiple family uses
and employee parking can be met by providing a bicycle storage room, bicycle lockers,
racks, or other secure storage space inside or outside of the building;
3.4.4.6 Lighting: For security, bicycle parking shall be at least as well lit as vehicle parking..
3.4.4.7 Reserved Areas: Areas set aside for bicycle parking shall be clearly marked and reserved
for bicycle parking only.
3.4.4.8 Hazards: Bicycle parking shall not impede or create a hazard to pedestrians. Parking
areas shall be located so as to not conflict with vision clearance standards (Chapter 3.2,
Access and Circulation).

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3.4.5 LOADING

Off – Street Loading Requirements

3.4.5.1 As determined by the responsible local planning authority, off – street loading facilities
shall be required by use activities that regularly handle large quantities of goods. Loading
facilities shall be of sufficient quantity to serve the proposed use.
3.4.5.2 Any vehicle sales or rental facility or similar use requiring delivery of trucks shall
demonstrate that adequate on-site area exists for the loading and unloading of such trucks.
3.4.5.3 Any convenience store, retail outlet, wholesale or other industrial establishments
requiring deliveries by truck shall demonstrate that adequate on-site area exists for the
loading and unloading of such trucks.
3.4.5.4 Except as otherwise stated, off – street parking requirements shall be as provided in Table
3.4.

Method of Determining Number of Loading Spaces

3.4.5.5 To determine the number of loading spaces, floor area shall be an index and as defined in
this code except that when a basement is devoted to a use having a loading requirement,
loading spaces shall be as specified in Table 3.7.
3.4.5.6 When a building is used for more than one use and the floor area for each use is below the
minimum requiring a loading bay, and the aggregate floor area of the several uses exceeds
the minimum floor area of the use category requiring the greatest number of loading
spaces, at least one loading space shall be required.

Table 3.7: On – Site loading/ Off Loading bay Requirements

Land Use/Use Category Floor Area (m2) Dimensions for Loading bay
Loading/ Off- Requirement
loading Bays

Eating and Drinking 100 – 1000 4X9m 1

Establishment, Business
Services, Personal Services, 1001 – 2000 2
Repair
2001 – 4000 3

4000 – 6000 4

Each additional 5000 or 1

major fraction thereof

Retail stores, Wholesale 100 – 1000 5X22m 1

operations, Warehousing,
Manufacturing, Shopping 1001 – 2000 2
centres,

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2001 – 4000 3

4000 – 6000 4

Each additional 5000 or 1

major fraction thereof

Hotels, Hospitals or Similar 500 – 1000 4X9 1

institutions and places of
1001 – 5000 2
Public Assembly
5001 – 10 000 3

Each additional 10 000 or 1

major fraction thereof

Offices/Office Buildings 2000 – 5000 4X9m 1

2001 – 10 000 2

Each additional 10 000 or

major fraction thereof
1

Location and Improvement of Loading Bays

3.4.5.7 No required loading bay shall be on any street but shall be provided within the
development it serves.
3.4.5.8 Each loading space shall be unobstructed and shall be arranged so that any vehicle may be
moved without moving the other.
3.4.5.9 Each required loading bay shall be identified as such and shall be reserved for loading
purpose only.
3.4.5.10 No loading bays shall occupy required off-street parking spaces or restrict access in any
way.
3.4.5.11 All loading bays and manoeuvring areas shall be paved or covered with an all – weather
surface.

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3.5 PUBLIC INFRASTRUCTURE FACILITIES

3.4.6 PURPOSE
3.4.6.1 The purpose of these adequate public infrastructure facilities regulations is to:

 Ensure that public facilities needed to support new developments meet or exceed the
adopted level of service standards and are available concurrently with the impacts of
such development.

 Ensure that no changes of land use are approved that would cause a reduction in the
levels of service for any public infrastructure facilities below the adopted level of
service established in this Code and/or other manuals and codes adopted in the
Country;

 To facilitate implementation of goals and policies relating to adequacy of public

infrastructure facilities, level of service standards and concurrency; and;

 To ensure that all applicable legal standards and criteria are properly incorporated in
these procedures and requirements.

3.4.7 APPLICABILITY
3.4.7.1 Adequate public infrastructure facilities requirements shall apply to all new development
and subdivisions subject to provisions of this Code.
3.4.7.2 The approval of all developments shall be conditioned upon the provision of adequate
public infrastructure facilities and services necessary to serve the new development. No
development/building permit shall be issued unless such public infrastructure facilities
and services are in place or the commitments described in this chapter have been made.
3.4.7.3 Proposed public improvements shall conform to and be properly related to a Community
Development Plan. In an event of any conflict between regulations of a development Plan
and provisions of this chapter, the Plan’s regulations shall prevail.

3.4.8 APPROVAL OF SUBDIVISIONS AND SITE PLANS

3.4.8.1 All residential subdivisions, major and minor commercial/industrial subdivisions, site
plans, and revised subdivision or site plans resulting in an increase in density or intensity
of use, received for approval, by the responsible local planning authority shall meet the
requirements set forth herein prior to subdivision or site plan approval.
3.4.8.2 Subdivision or site plans that do not meet the requirements for adequate public
infrastructure facilities stipulated herein shall not be granted approval by the responsible
planning authority. A conditional approval as allowed for in Section 3.5.5 below may be
granted provided no final approval shall be granted or plots recorded until the conditions
set forth in the conditional approval have been met.

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3.4.9 APPROVAL OF PLANNED UNIT DEVELOPMENTS (PUDS) AND LAND USE
CHANGES APPLICATIONS
3.4.9.1 All Planning Unit Development (PUD) plans or land use change applications resulting in
an increase in density or intensity of use, shall meet the requirements of this chapter prior
to approval.
3.4.9.2 If applicable, a phasing plan indicating the density and rate of development in accordance
with the availability of adequate public infrastructure facilities shall also be approved as
part of the approval process.
3.4.9.3 PUD plans, site plans or land-use change applications that do not meet the requirements
for adequate public infrastructure facilities as stipulated herein shall not be approved
except as a conditional approval as permitted under Section 3.5.5. Final approval may be
granted and plots and/or development recorded as the conditions set forth in the
conditional approval are met.

3.4.10 CONDITIONAL APPROVAL

3.4.10.1 Conditional subdivision, site plan, rezoning or PUD plan approval may be granted to a
development that does not have adequate public infrastructure facilities at the time of
application consideration, provided that the developer offers to provide the necessary
improvements to make the facility or facilities adequate. If developer improvements will
not result in adequate capacity, conditional approval shall not be granted, and site plan
approval shall be denied.
3.4.10.2 Conditional land use change and PUD plan approval may be granted for an application
that does not have adequate public infrastructure facilities at the time of consideration,
provided that a phasing plan detailing the rate and density of construction of the land use
change or PUD in accordance with the availability of facilities is approved by the
responsible local planning authority.
3.4.10.3 If conditional application approval has been granted, a development/building permit shall
not be issued until all conditions have been satisfied and the facilities have been
determined to be adequate.

3.4.11 DEVELOPER OPTION

3.4.11.1 The developer shall have the option to provide the public infrastructure facility
improvements necessary to support the proposed development and to ensure adequacy of
public infrastructure facilities as set forth in this Code, or to wait for public infrastructure
facilities to become adequate by improvements made pursuant to the Local Authority or
other sources. The Central & Local government, as well as parastatal organizations may
participate in the improvements.

3.4.12 CONCURRENCY DETERMINATION BY RESPONSIBLE LOCAL PLANNING

AUTHORITY

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3.4.12.1 The concurrency review shall compare the capacity of public infrastructure facilities to
the maximum projected demand that may result from the proposed subdivision, site plan,
land use change or PUD plan based on the maximum potential density of the affected area
pursuant to the review. Upon receipt of the staff report, and subject to compliance with
all other applicable standards of approval, the responsible local planning authority may
determine:

 A positive Concurrency Determination

 A negative Concurrency Determination

 A positive Concurrency Determination subject to one or more of the following

conditions:

3.4.12.2 Deferral of application until all public infrastructure facilities are available and adequate
if public infrastructure facilities in the impact area are not adequate to meet the adopted
levels of service for the development proposal;
3.4.12.3 Reduction of the density or intensity of the proposed development, including phasing of
development to a level consistent with the available capacity of public infrastructure
facilities.
3.4.12.4 Provision by the applicant of the public infrastructure facilities necessary to provide
capacity to accommodate the proposed development at the adopted levels of service and
at the time that the impact of the proposed development will occur.

3.4.13 EFFECT OF POSITIVE CONCURRENCY DETERMINATION

3.4.13.1 A Positive Concurrency Determination for a Development Application shall be deemed to
indicate that public infrastructure facilities are available at the time of issuance of the
Concurrency Determination.
3.4.13.2 The Concurrency Determination shall expire and become null and void upon the
expiration of the Development Application permission to which it is attached. If no
expiration date is provided in the conditions of the Concurrency Determination or in the
conditions of permit approval, the Concurrency Determination shall expire within five (5)
years after approval of the Development Application.
3.4.13.3 No advancement of capacity for public infrastructure facilities needed to avoid
deterioration in the adopted levels of service shall be accepted by the Authority unless
appropriate conditions are included to ensure that the applicant will obtain all necessary
approvals for such improvement from any governmental or parastatal agency having
jurisdiction over such planned improvements.

3.4.14 METHODOLOGY AND CRITERIA FOR DETERMINING AVAILABILITY AND

ADEQUACY OF PUBLIC INFRASTRUCTURE FACILITIES

Level of Service Standards

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3.4.14.1 Compliance with level of service standards shall be measured in accordance with the
standards set forth in this section, as the same may be amended from time to time.

Availability of Public infrastructure Facilities

3.4.14.2 Public infrastructure facilities shall be deemed to be available within the applicable
impact area if they meet the following standards:

 Water Facilities, Wastewater Facilities, Drainage, Electricity, and Fire Protection

Facilities;

 The public infrastructure facilities are currently in place or will be in place when the
Development permission is granted; or

 Provision of the public infrastructure facilities are a condition of the Development

Permission and are guaranteed to be provided at or before issuance of a
development/building permit for proposed development on the subject property; or

 The public infrastructure facilities are under construction and will be available at the
time that the impacts of the proposed development will occur; or

 The public infrastructure facilities are guaranteed by an enforceable development

agreement ensuring that the public facilities will be in place at the time that the
impacts of the proposed development will occur.

Accessibility (Road Network)

3.4.14.3 Roads shall be deemed to be available within the applicable impact area if they meet the
following standards:

 One of the criteria set forth in sections 3.5.9, subsections (i) and (ii) above, is met, or

3.4.14.4 Proposed development is located in a traffic impact area in which the roads or
intersections needed to achieve the adopted level of service are included in the plans
and/or improvements program, and the responsible local planning authority makes the
following specific findings:

 the roads identified in this subsection are financially feasible;

 the plans and/or improvements program provides for the construction of public
facilities or improvements to roads within the traffic impact area that are necessary to
maintain the adopted level of service standards; and

 the plan and/or improvements program contains a financially feasible funding system
based on currently available revenue sources that are adequate to fund the roads

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required to serve the development authorized by the responsible local planning
authority; and

Adequacy of Public infrastructure Facilities

3.4.14.5 Public infrastructure facilities shall be deemed to be adequate if it is demonstrated that

they have available capacity to accommodate the demand generated by the proposed
development in accordance with the calculation methodology adopted and/or defined by
organizations having jurisdictions over public infrastructure facilities.

3.4.15 CONFLICT & SEVERABILITY

3.4.15.1 To the extent of any conflict between other Codes or regulations and this Section, the
more restrictive shall be deemed to be controlling. This Section is not intended to amend
or repeal any existing code or regulation relating to adequacy of public infrastructure
facilities.

3.4.16 GENERAL - LEVEL OF SERVICE STANDARDS

3.4.16.1 This Section establishes Level of Service standards for the following public infrastructure
facilities: sewage disposal, water, stormwater drainage, transportation, fire protection and
electricity.
3.4.16.2 No development plan or building permit shall be approved or issued in a manner that will
result in a reduction in the levels of service below the adopted level of service standard
for the affected facility.

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A. SEWAGE TREATMENT & DISPOSAL

Level of Service

3.4.16.3 All developments shall be served by an approved means of wastewater collection and
treatment as described herein:

Major (Urban) Villages, Towns and Cities

3.4.16.4 Public central sewer service shall be the preferred method of sewage collection and
treatment in major (urban) villages, towns and cities throughout the Country
3.4.16.5 Where the subdivision is located within the town/city limits, each plot therein shall be
provided with a connection to a sanitary sewer.
3.4.16.6 In cases where a sanitary sewer is not available or cannot be extended until a connection
can be made with the public sewer system, the use of an alternate central treatment
facility may be permitted, provided such facilities are approved by the relevant authority
and in accordance with standards pertaining to sanitary sewage disposal. The relevant
authority may require the system to be designed for ultimate connection into the public
sewer system.
3.4.16.7 New development sites located within the major village, town/city limits may utilize
Individual on-site sewer systems only when it can be demonstrated that it is clearly not
possible nor economically feasible to connect to central public sewer;
3.4.16.8 In subdivisions beyond the city limits where plans for the installation of sanitary sewers
in the vicinity of the subdivision have been prepared by the city/town/village, the
applicant may be required to install sewers in conformity with such plans.
3.4.16.9 In subdivisions beyond the settlement limits where no plans have been made for the
installation of sanitary sewers, the applicant may install private sewage disposal system
for each plot at the time improvements are erected thereon.

Other Settlements

3.4.16.10 Developments within settlements other than Major (urban) villages, towns and cities, may
propose (install) individual (on-site) sewage disposal system.
3.4.16.11 Where individual sewage disposal systems are proposed, their use shall be subject to
approval and their design and installation shall be in compliance with applicable
regulations and standards.
3.4.16.12 The Authorities shall determine that public sanitary sewer will not be reasonably
available and that the private wastewater treatment system will not impair the ability to
extend services in the future. Furthermore, the relevant authority shall determine that the
proposed geological and soil conditions and plot configuration are adequate to support the
use of the proposed on-site wastewater system.

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Minimum Approval Requirements

3.4.16.13 Adequate sewage disposal facilities and services to support the proposed development
shall be available concurrently with the impacts of such development. In this regard, the
Decision-Making Body shall require that, at the time of issuance of any building permit,
all necessary sewage disposal facilities and services, as described in this section are in
place and available to serve the new development in accordance with the approved utility
plan for the development.

B. WATER SUPPLY

Level of Service

3.4.16.14 All development shall provide adequate and functional water supply service to each plot
as described herein:
3.4.16.15 Public water service shall be the preferred method of water provision in all settlements
throughout the County.
3.4.16.16 The water supply system shall be constructed under the direction and control of the
relevant authority and shall conform to all applicable standards. Fire hydrants shall also
be installed in all subdivisions within the corporate limits and any area receiving service.
3.4.16.17 In subdivisions outside the settlements, pending availability of a public water supply, the
applicant shall construct a private water supply system in such a manner that an adequate
supply of potable water will be available to every plot in the subdivision at the time
improvements are erected thereon. The installation shall conform to standards and
requirements and be subject to the approval of appropriate authorities. The relevant
authority may require the system to be designed for ultimate connection into the public
water supply system.
3.4.16.18 In areas where public water supply is not available, individual boreholes may be used to
provide water to each and every plot within the subdivision. The applicant shall
demonstrate the availability of water for domestic use and shall follow all standards and
procedures for its approval. In addition, the relevant authority may require that a
connection to a public water main be made in the future when the main becomes
available. The applicant shall in this regard make all arrangements for future connection
to the water system prior to development.

Minimum Approval Requirements

3.4.16.19 Adequate domestic water facilities and services to support the proposed development
shall be available concurrently with the impacts of such development. In this regard, the
relevant authority shall require that, at the time of issuance of any development/building
permit, all necessary water facilities and services, as described in subsection (ii) above,
are in place and available to serve the new development in accordance with the approved
utility plan for the development

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3.4.16.20 A public and private water system shall be considered adequate if:

 The source facilities, storage tanks and local pumping stations have sufficient
available capacity to provide maximum daily demand to the proposed development
and meet peak hour demand in addition to fire flow; and

 The distribution system is capable of providing normal required pressure as well as

minimal residual pressure to the proposed development.

C. TRANSPORTATION

Levels of Service

3.4.16.21 All development shall have safe and adequate access to the nearest road. “Safe and
adequate access” shall mean that an access road is available to provide access to the
nearest road prior to the issuance of the permit for the development. Applicants shall
provide written evidence of recorded, legal access to a public street.
3.4.16.22 All developments shall be required to demonstrate that there will be no significant
adverse impact on existing transportation levels of service, access and vehicular
movement on any secondary or tertiary road or intersection within 500 meters of the site
or that any such adverse impact has been mitigated to the maximum extent feasible.
3.4.16.23 The Authority may waive these requirements upon a showing by the applicant that the
impact of the proposed development on adjacent roads and intersections will be minimal
and insignificant.

Traffic Impact Analysis

3.4.16.24 A Traffic Impact Analysis will be required for certain permitted and Special Uses, Major
Subdivisions and Site Plans exceeding specific trip generation thresholds.
3.4.16.25 The purpose of a Traffic Impact Analysis will be to:

 Evaluate traffic operations and impacts at site access points under projected traffic
loads;

 Evaluate the impact of site-generated traffic on affected intersections in the vicinity

of the development site;

 Evaluate the impact of site-generated traffic on the quality of traffic flow on public
streets located in the vicinity of the site;

 Evaluate the impact of the proposed development on residential streets in the vicinity
of the site;

 Ensure that site access and other improvements needed to mitigate the traffic impact
of the development meet commonly accepted engineering design standards;

 Ensure that adequate facilities for pedestrians, transit users and cyclists have been
provided;

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 Identify transportation infrastructure needs and related costs created by the
development and cost sharing on needed improvements.

3.4.16.26 Traffic Impact Analysis (TIA) may be required to be submitted with applications for
development review and approval of:

 Any subdivision or multi-family residential development with twenty (20) or more

dwellings units;

 Any development with frontage along a national primary or other arterial road.
(Exceptions are minor subdivisions or changes of land uses on single residential
plots).

 Any use in which the total floor area or outdoor retail sales plot area exceeds 5000
square meters of gross floor area;

 Every medical office building, clinic, or office use where the total floor area exceeds
5000 square meters;

 Every hotel or motel in excess of 60 rooms;

 Every recreational facility, stadium, or similar establishment with a parking

requirement in excess of 1,000 spaces;

 High turnover sit down restaurants in excess of 800 square meters;

 Drive-in or fast-food restaurants in excess of 250 square meters

 All other development applications when one of the following events occurs:

 the peak hour trips generated are above 50; or

 daily trips generated are more than 500 or

 The proposed development will generate 1,500 or more trip per day through a single
access point.

3.4.16.27 The requirements for a Traffic Impact Analysis shall be approved by the relevant
Authority when it is determined that such report is necessary to determine needed road
improvements or that no unsafe or hazardous conditions will be created by the
development as proposed.

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Traffic Service Standards

3.4.16.28 The standards for traffic service that shall be used to evaluate the findings of traffic
impact studies are:

 Capacity: A volume to capacity (V/C) ratio of 0.90 shall not be consistently exceeded
on any secondary road. Consistently means that the V/C ratios are exceeded based on
average daily peak hour traffic counts, projections or estimates.

 Level of Service: For access roads, a Level of Service ‘C’ or better shall be
maintained. On any secondary road a Level of Service ‘D’ or better shall be
maintained. Where the existing Level of Service is below these standards, the traffic
impact analysis shall identify those improvements needed to maintain the existing
level of service, and what additional improvements would be needed to raise the level
of service to the standards indicated.

For the purpose of this chapter Level of Service Standards is defined as follows:

A= Free flow and unimpeded manoeuvrability

B= Free flow and manoeuvrability is slightly restricted

C= Stable Flow and manoeuvrability is noticeably restricted

D= Unstable Flow and manoeuvrability is severely restricted

E= Flow is extremely unstable and manoeuvrability is extremely poor

F= Forced stoppages and there is no manoeuvrability

 Local Road Impact: No non-residential development shall increase the traffic on an

access road with at least 300 average daily trips by more than twenty-five (25%).

 Internal Circulation: On-site vehicle circulation and parking patterns shall be

designed so as not to interfere with the flow of traffic on any public road and shall
accommodate all anticipated types of site traffic.

 Safety: Access points shall be designed to provide for adequate sight distance and
appropriate facilities to accommodate acceleration and deceleration of site traffic.

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Contents of Traffic Impact Assessment (TIA)

3.4.16.29 The TIA shall contain the following information:

 Traffic Impact Area: Identification of the precise boundaries of the Traffic Impact
Area, which shall be approved in advance by the relevant authority.

 Current LOS: The current projected average daily traffic volumes (level of service)
on the segments and intersections of the road system in the Traffic Impact Area based
on existing conditions and factoring in already approved developments. For purposes
of these transportation facility standards, “approved development” shall mean
developments that have received preliminary or final approvals and that have not
been completed.

 LOS Including the Proposed Development: The projected average daily traffic
volumes (level of service) of the segments and intersections on the road system in the
Traffic Impact Area based upon existing conditions, the demands from approved
development, and the proposed development.

 Study Findings: A summary outlining the study findings on the traffic impacts of the
proposed development, including a detailed description of proposed improvements
and mitigation measures necessary to maintain the adopted level of service standard.

 Other Information: Other information as may reasonably be required by the

Decision-Making Body or Staff to determine compliance with the applicable level of
service standards.

Minimum Approval Requirements

3.4.16.30 At a minimum, the relevant authority shall require that at the time of development
approval application all necessary transportation facilities and services to meet the
applicable level of service standard are:
3.4.16.31 Currently in place and available to serve the new development; or
3.4.16.32 Guaranteed by an enforceable development or improvement agreement that ensures that
the public facilities will be in place at the time that the impacts of the proposed
development will occur.
3.4.16.33 If the relevant authority finds that the proposed development will not meet applicable
transportation service level standards, it may recommend one or more of the following
actions by the Government or the applicant:

 Reduce the size, scale, scope or density of the development to reduce traffic
generation;

 Divide the project into phases and authorize only one phase at a time until traffic
capacity is adequate for the next phase of development;

 Dedicate right-of-way for street improvements;

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 Construct new streets and/or Expand the capacity of existing streets;

 Redesign in and out to the project to reduce traffic conflicts;

 Alter the use and type of development to reduce peak hour traffic;

 Reduce background (existing) traffic;

 Integrate non-vehicular design components (e.g., pedestrian and bicycle paths or

transit improvements) to reduce trip generation;

 Implement traffic demand management strategies to reduce trip generation;

 Recommend denial of the application for development for which the traffic analysis
is submitted.

D. STORMWATER DRAINAGE / WATER QUALITY MANAGEMENT

Level of Service

3.4.16.34 All development shall provide adequate surface, subsurface and road storm drainage
facilities and appurtenances as described herein:
3.4.16.35 Either open or closed drainage systems may be required, depending on terrain,
development density and other considerations.
3.4.16.36 Drainage improvements shall accommodate potential runoff from the entire upstream
drainage area and shall be designed to reduce or prevent increases in downstream
flooding.
3.4.16.37 Storm water drainage systems shall be separate and independent of any sanitary sewer
system whether public or private.
3.4.16.38 The Authorities may require the use of control methods such as retention or detention,
and/or the construction of off-site drainage improvements to mitigate the impacts of the
proposed development to achieve these purposes.

Minimum Approval Requirements

3.4.16.39 Adequate storm water drainage facilities and services to support the proposed
development shall be available concurrently with the impacts of such development.
3.4.16.40 Except as set forth below, at the time of building permit issuance, the authority shall
require that all necessary drainage facilities and services are in place and available to
serve the new development.
3.4.16.41 Where multiple building permits are to be issued for a project, not more than thirty
percent (30%) of the building permits and certificates of occupancy may be issued prior
to the installation and acceptance of the drainage facilities.

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E. ELECTRICITY

Level of Service

3.4.16.42 All development shall provide adequate and functional electric service to each plot
pursuant to this subsection

Minimum Approval Requirements

3.4.16.43 Adequate electric services to support the proposed development shall be available
concurrently with the impacts of such development. In this regard, the relevant Authority
shall require that, prior to issuance of the building permit, all necessary electric services
are in place and available to serve the new development or subdivision in accordance with
the approved utility plan for the development, i.e., all electric service shall be installed up
to and including mains and distribution boxes such as transformers and secondary
pedestals.

F. PARKS, PLAYGROUNDS AND OPEN SPACE AREAS

Levels of Service

3.4.16.44 All major residential subdivisions including Planned Unit Development shall be designed
to satisfy the neighbourhood park and open space needs of the subdivision residents as
shown below.
3.4.16.45 The relevant Authority shall determine the acceptability of dedicated lands, or the
development of park and recreational facilities in the subdivision, as the authority deems
appropriate to meet the requirements of this Section. No permit shall be issued until the
provisions of this Section are satisfied. These provisions apply to the development of all
land for residential use regardless of the zoning.

Dedication of Open Space Lands

3.4.16.46 Minimum Requirement: If the relevant authority determines that the dedication of land by
the applicant is acceptable and in compliance with this Section, such dedication shall be
by warranty deed from the applicant to the Authority. The amount of land required to be
dedicated shall be not less than 1000 square meters per 100 dwelling units.
3.4.16.47 Calculation of Open Space: The minimum required dedication of open space shall be in
addition to minimum required open areas and space reserved for off-street parking. The
percentage of space required to be dedicated shall be based on the total area of the
development or subdivision used for residential development, excluding any commercial
use.

General Requirements

3.4.16.48 All lands to be dedicated shall meet the following general requirements:

 Size and Shape: The area (plot) shall not contain less than 4000 square meters unless
the authority finds the area to be of an adequate size to efficiently meet the parks and
recreation needs of the area concerned.

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 Location and Accessibility: The area shall be located in or adjacent to the subdivision
and easily accessible to same. Consideration shall be given to placing parks where
they can be added to by future subdivisions, or are in addition to an existing park.

 Topography-Drainage: At least fifty percent (50%) of the park area shall have a
grade less than four percent (4%). The balance may be covered with steep slope, or
other natural features.

 Private Recreation Facilities: The responsible local planning authority may, at its
sole discretion, authorize open space, parks or recreation facilities to be constructed
and maintained by the applicant or other persons to satisfy the requirements of this
Section.

 Recreation Sites: Land reserved for recreation purposes shall be of a character and
location suitable for use as a playground, playfield, or for other recreation purposes,
and shall be relatively level and dry, and shall be improved by the developer. A
recreation site shall have a total frontage on one or more streets of at least 50 meters,
and no other dimension of the site shall be less than 70 meters in depth. The authority
may refer any subdivision proposed to contain a dedicated park to the relevant
government department for a recommendation.

 Other Recreation Reservations: The provisions of this Section are minimum

standards. None of the standards above shall be construed as prohibiting a developer
from reserving other land for recreation purposes in addition to the requirements of
this Section.

3.5 3.6 LAYOUT AND DESIGN STANDARDS

3.5.1 PURPOSE
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3.5.1.1 The purpose and objectives of the design standards provided in this chapter of the code
are to:
 Assure that all subdivisions, are in conformance with the regulations regarding land
development;
 Establish minimum design subdivision standards for land use zones;
 Permit subdivisions that provide a safe and convenient environment for pedestrians,
and motorists;
 Provide subdivision layouts that are compatible with and acceptable for the intended
use of each plot;
 Allow subdivision layouts that provide acceptable living and working spaces;
 Ensure that appropriate levels of service are achieved for utilities and road networks;

 Ensure that environmental constraints are adequately considered in all subdivision

designs;

 Ensure that appropriate opportunity exists to reconcile issues associated with

development of land including access, car parking and manoeuvring, amongst others.

3.5.2 GENERAL PROVISIONS

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3.5.2.1 No development shall commence, nor shall any building permit, utility connection permit,
or similar permit be issued, for any development or land division subject to this chapter,
until a subdivision plan has been submitted to and approved by the responsible local
planning authority.
3.5.2.2 The relevant Authority shall withhold all public improvements of whatsoever nature,
including the maintenance of streets and the furnishing of sewerage facilities and water
service from all subdivisions which have not been approved.
3.5.2.3 No changes, erasures, modifications or revisions shall be made to any subdivision after
approval has been granted by the responsible local planning authority, unless it is first
resubmitted for approval.
3.5.2.4 Subdivisions and developments shall conform to the requirements of all applicable
adopted plans and their regulations;
3.5.2.5 The classification and location of all streets shall conform to all applicable adopted plans
and shall be considered in their relation to existing and planned streets, to topographical
conditions, to public convenience and safety, and in their appropriate relation to the
proposed uses of the land to be served by such streets. Where not shown on all applicable
adopted plans, the arrangement and other design standards of streets shall conform to the
provisions stipulated in this Code;
3.5.2.6 The arrangement of streets in new subdivisions or developments shall make provisions
for the continuance of the existing streets in adjoining areas if a continuance of
development beyond the new subdivision or development is feasible;
3.5.2.7 Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
or development shall make provision for proper projection of dedicated streets to the
boundaries of the piece of land proposed to be subdivided or developed.

3.5.3 DEVELOPMENT DESIGN PRINCIPLES

3.5.3.1 The standards provided in section 3.6.4 of this chapter shall be applied to detailed layout
plans, site plans, and other subdivision reviews in the context of the development design
principles of this Section;
3.5.3.2 Good subdivision design goes beyond the application of the standards outlined below.
Careful appraisal and systematic analysis of the site with consideration of all the natural
and man-made constraints is required to ensure that its best qualities are used most
effectively to suit the proposed development;
3.5.3.3 The Responsible Planning Authority may require modifications to proposed detailed
Layout Plan, site plan, and other subdivision that otherwise conform to the standards of
this Code in order to enhance the quality of the design in accordance with the qualitative
principles of this Section;
3.5.3.4 In designing a detailed layout plan, site plan, and other subdivision, consideration of the
following factors, together with those specified in Environmental Assessment Act shall be
taken into consideration.

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Compatibility

3.5.3.5 The proposed detailed layout plan, site plan, and other subdivision shall be designed in a
manner that:

 Provides appropriate space for buffers and transitions between incompatible land
uses;

 Provides individual site access as well as vehicular and pedestrian linkages between
residential uses and retail, service, and office uses;

 Ensures adequacy of each site considering relevant development standards such as

setbacks, car parking, landscaping, etc

 Protects neighbouring property from storm water runoff;

 Anticipates and provides for future vehicular and pedestrian connections to

neighbouring properties that are likely to be developed or redeveloped with similar or
supportive land uses;

 Minimizes interference with existing access to adjacent and nearby properties, unless
new and improved access is provided by the proposed development; and

 Does not reduce the level of service of public utilities that are provided to
surrounding developments.

Consistency

3.5.3.6 The proposed detailed layout plan, site plan, and other subdivision shall conform to all
requirements of adopted and applicable development plans and programmes for given
areas.

Connectivity

3.5.3.7 When applicable, detailed layout plans, site plans, and other subdivision shall be designed
in a way that shows how future development of adjacent land will relate to the zone (plot)
that is the subject of the application in terms of transportation linkages and utilities.

Preservation of density and intensity of development

3.5.3.8 In cases where there is a development Plan and/or land use policy regulating
developments within a specific area, subdivision design review is intended to permit plan
modifications that improve design, but not to require site density or other scale and bulk
standards reduction. The design review shall focus on revising the site plan by altering
roads, plots, landscaping, or other plan elements, but not by altering development
intensity, unless it exceeds standards specified by this code or a development plan.

3.5.4 DESIGN STANDARDS

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3.5.4.1 All subdivision or development of land subject to these regulations shall conform to the
design standards set forth below.
3.5.4.2 In the event of any inconsistency with the requirements of this section of the Code and a
Development Plan for the area concerned, the Plan’s regulations shall prevail over
provisions of this section of the code.

A. BLOCKS

Block Width

3.5.4.3 Blocks shall have sufficient width to provide for two tiers of plots.
3.5.4.4 A single tier of plots shall only be allowed in order to separate plots from an incompatible
use, to separate residential development from arterial traffic, to allow for unusual
topographical conditions, where across from a public park or open space, or when
adjacent to the outer perimeter of a subdivision.
3.5.4.5 The width of blocks shall be determined with due regard to the provision of adequate sites
for buildings of the type proposed, zoning requirements, fire access, emergency service,
and police protection.

Block Size

3.5.4.6 The optimum block size shall be determined by:

 Ease of access

 Accommodation of varying building sizes and land uses

 Ability to change over time

3.5.4.7 Blocks of size 80 – 100m are optimum for both pedestrian and vehicular traffic.
3.5.4.8 In core areas with intensive pedestrian traffic, block sizes of 50 – 70m are recommended.
3.5.4.9 In urban peripheries, blocks may be up to 250m provided they have minor cross streets
throughout the blocks.

Block Length

3.5.4.10 Block face length shall be designed to in accordance with the optimum block size.
3.5.4.11 Blocks shall be laid out to have their short length abutting arterials, collectors, or the
development's major road as much as possible. The blocks should not, in most instances,
exceed 10 plots in length on one side of the street, except for attached units or townhouses
on individual plots.

Residential Blocks:

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3.5.4.12 No block shall exceed 240 meters in length, as shown in Figure 3.10. The length of blocks
shall be determined with due regard to the provision of adequate sites for buildings of the
type proposed, zoning requirements, fire access, emergency service, and safety and
security.
3.5.4.13 Where a block face exceeds 250m, minimum 2.5m pedestrian access easements shall be
provided through the block.

Non-residential Blocks:

3.5.4.14 Blocks for commercial and industrial areas may vary from the elements of design
contained in this Section if the nature of the use requires other treatment, as in Figure
3.11. In such cases, safe and convenient access to the road system shall be required. Space
for off-street parking may also require similar access for employees and customers.
Extension of streets and utilities shall be provided, as necessary
3.5.4.15 Sizes of blocks shall be neither less than 70 meters nor more than 400 meters in length
measured along the greatest dimension of the enclosed block area.

Figure 3.10: Residential Blocks

Figure 3.11: Non-residential Blocks

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Mid-block pedestrian connections

3.5.4.16 Any block over 100 meters must provide for an improved pedestrian through-walkway
(2-3 meters sidewalk) as close to the centre of the block as possible. This walkway must
be dedicated to the public use.

Block shape

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3.5.4.17 The shape of blocks shall be determined with due regard to the provision of adequate sites
for buildings of the type proposed, zoning requirements, fire access, emergency service,
and safety and security.
3.5.4.18 In order to achieve efficient neighbourhoods, simple grid structures shall be the building
blocks of all neighbourhood design schemes. The grid promotes efficient connections,
allows for access throughout the neighbourhood and offer opportunities for traffic
management.
3.5.4.19 The grid form may be orthogonal or irregular, depending on the topography, orientation
and adjacent uses.
 Square: square blocks are more flexible and shall be used for commercial and
residential buildings that need internal treatments. The internal treatments may be
civic and community uses (e.g. Pre-school, church e.t.c.), car parks, communal
gardens, parks, squares, gardens or small pocket parks of 20m x 20m.

 Rectangle: rectangular blocks shall be used to accommodate larger buildings such as

warehouses and industries. Where used, they shall be oriented with the shortest side
facing the main street to avoid exposing rear and side walls.
 Irregular: irregular blocks shall only be used to respond to peculiar topographical
intricacies and to also enhance landmarks and focal points.
3.5.4.20 Traditional or modified grid of small blocks shall be used as a foundation for new
neighbourhoods to enhance orientation, walkability, route choices and community
interconnectivity.

Super- Blocks

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3.5.4.21 The Superblock shall not, as much as possible, exceed 500 meters in length, as per Figure
3.12.
3.5.4.22 Roads shall be arranged in a grid or comparable formal arrangement, and open spaces
shall be integrated into the block design, as much as possible. Exceptions will be made for
green spaces along drainage or stream channels or where other natural resources make a
grid or comparable formal arrangement difficult or cost prohibitive.
3.5.4.23 They shall be typically bounded by widely spaced, high-speed, arterial or circulating
routes rather than by local streets.
3.5.4.24 Superblocks shall be limited to suburbs and rural hinterlands where greater setback for
buildings may be allowed.
3.5.4.25 In a residential area of a suburb, the interior of the superblock may be served by cul-de-
sac roads.

Arrangements of Plots

3.5.4.26 Side plot lines shall be as near as possible at right angles to straight road lines or radial to
curved street lines. Double frontage or through plots shall not be permitted, except in
cases of primary, secondary arterials and collector roads.

Mid-block pedestrian connections

3.5.4.27 Any block over 100 meters shall provide for an improved pedestrian through-walkway (2-
3 meters sidewalk) as close to the center of the block as possible. This walkway shall be
dedicated for public use.

Figure 3.12: Illustrative Block Pattern in Superblock to Create Connectivity

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B. STREETS & ACCESS

3.5.4.28 Streets shall be designed and arranged to promote and achieve the following objectives:

 All street and circulation patterns shall provide for the safe, efficient, and convenient
movement of vehicular and pedestrian traffic;

 Vehicular travel lanes, sidewalks and trails, and parking shall be separated;

 Within the context of overall community development, the internal circulation system
shall promote and encourage the increased use of pedestrian and bicycle movement
within residential, local shopping, schools, and other areas;

 Road connections shall seek to avoid external automobile trips through the
employment of stub streets, connecting open spaces, bicycle/pedestrian ways, and
other similar design techniques.

Cut-through traffic

3.5.4.29 The design of the street system near intersections of collectors or arterials shall
discourage cut-through traffic in residential areas through one or more of the following
features:

 Gateway elements that provide identity to an area or neighbourhood, i.e. that signify
that the driver is entering into a well-defined place;

 One or more traffic calming features visible from the intersection;

 An offset grid street pattern that disguises the road's usefulness as a cut-through
route.

Access

3.5.4.30 Unless otherwise approved, each plot shall have vehicular access to Public Street or
where necessary a Private Street. Access shall meet the right-of-way standards and shall
be accessible to general traffic circulation, delivery of services, and emergency
responders.
3.5.4.31 All residential developments shall provide a minimum number of access points as
follows:

 Less than 50 dwelling units: 1 access point;

 50 to 100 dwelling units: 2 access points;

 More than 100 dwelling units: 2 access points, plus 1 access point per 50 units in
excess of 100.

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3.5.4.32 The number of required access points may be reduced for multifamily development if it is
demonstrated to the responsible local planning authority that the access that is provided:

 Is adequate to ensure adequate delivery of services and emergency response; and

 Provides for safe and efficient traffic circulation.

 The responsible local planning authority may require an increased number of access
points if, due to unusual characteristics of a site or adjacent streets, such additional
access is necessary to ensure safe and adequate sanitation, public school
transportation, and emergency response.

3.5.4.33 Subdivisions that adjoin existing streets shall dedicate additional right-of-way, if
necessary, to meet the minimum roads standard requirements set forth in this section as
follows:

 The entire additional right-of-way shall be provided, where the subdivision is on both
sides of the existing street;

 When the subdivision is located on only one side of an existing street one-half of the
required additional right-of-way shall be provided.

Traffic Safety

3.5.4.34 The responsible local planning authority may request a traffic study to determine the
impact of a proposed development on existing infrastructure. Based on the findings, off-
site improvements or modifications to the project's design may be required in order to
address identified demands of the proposed development. Such improvements or
modifications may include, but are not limited to, traffic signal installations, additional
signage, pavement markings, access control structures, deceleration lanes, or modification
of access locations.

Access to / Intersections with National Roads

3.5.4.35 The responsible local planning authority shall not review/approve any proposed
subdivision designs/plans or developments which, without approval cause alignment or
realignment of any main road or any other roads which was notified as a proposed
national road under jurisdiction of Roads Department.
3.5.4.36 A road or other means of access which forms a junction or intersection with a national
primary or secondary road shall not be opened without the consent of the relevant
Authority.
3.5.4.37 In respect of any application for consent to open a public road or other means of access
forming a junction or intersection with a national primary or secondary road, the relevant
authority shall consult with Roads Department.

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Performance Standards

3.5.4.38 Road shall be designed in accordance with approved standards (UDS, Roads Design
manual);
3.5.4.39 Collector roads shall serve only the superblock (as defined above) and not provide
alternative or cut-through routes for regional or city/settlement-wide traffic. Where
superblocks are too large, new collector alignments may be designated. Where new
collectors are designated, they shall be extensions of existing collectors or be designed to
be extended through several superblocks.
3.5.4.40 Floodplain areas: In floodplain areas, narrower rights-of-way may be approved and
drainage accomplished in a manner that provides for the minimum width, while
accommodating the storm water movement. The relevant Authority or a designee shall
assist in developing a cross-section that minimizes environmental impact.
3.5.4.41 Traffic calming standards: Straight sections of residential roads of a length greater than
200 meters shall require the installation of traffic calming devices.
3.5.4.42 torm water: Where a curb is designated, an enclosed storm water conveyance system shall
be included. On roads without curbs, natural stream channels or ditch drainage shall be
used, unless they are unacceptable to the Authority due to capacity, environmental
sensitivity, topography or other feature of the land.
3.5.4.43 On-Street Parking: On-street parking requirements are outlined in chapter 3.4, Parking
and Loading.

Figure 3.13: Example of Road Design Standards

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Private Roads

3.5.4.44 Private streets may be permitted in subdivisions in isolated cases in which there shall be
no interference with adjoining circulation patterns and shall not harm adjacent property
owners. All private streets in subdivisions shall meet prescribed standards and shall be
accessible to the general traffic circulation, delivery of services, and emergency
responders. Private roads shall be subject to approval and on-site inspection. A
maintenance agreement shall be submitted and approved by the responsible local planning
authority before final approval may be given.

Intersections

3.5.4.45 The intersection of more than two streets at one point is prohibited. Streets shall intersect
one another at approximately a 90 degree angle and no intersection of streets at angles
less than 75 degrees shall be approved.
3.5.4.46 Whenever possible, the minimum distance from an access place or road to a collector
road shall be 60m if the junction is on the same side of the road, or 40m if the junction is
staggered on opposite sides of the road.

Cul-de-Sacs

3.5.4.47 To increase connectivity cul-de-sacs shall be as much as possible be avoided, as this code
discourages cul-de-sacs.
3.5.4.48 Cul-de-sac roads will be accepted only where surrounding land has been fully developed
or where the site specific regulations for the area provide for cul-de-sac roads. Cul-de-sac
roads to have a 18m radius with 18m radius reverse curves on boundary alignments. The
relevant authority may require a higher strength pavement for cul-de-sacs in industrial
areas.

C. PLOTS

3.5.4.49 Subdivision plans shall provide for well-proportioned and oriented plots that relate to
adjacent streets and open spaces as provided in this Section.

Plot pattern

3.5.4.50 The arrangement of plots shall preserve and be sensitive to the natural features of the area
concerned, including its topographic features or other unique conditions.
3.5.4.51 Plots within a grid or comparable arrangement of streets shall be as close to rectangular as
practicable, with the narrow side fronting the road, as feasible.
3.5.4.52 An awkward, triangular and other irrational pattern of plots and individual plot shapes
shall be avoided. No remnants or landlocked spaces without access to
vehicular/pedestrian circulation system shall be proposed.
3.5.4.53 Where topography, natural resources, or property shape make normal plot configurations
difficult, common drives, panhandle plots, or shared easements may be considered.

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Access & Required plot frontage

3.5.4.54 Unless otherwise approved, each plot shall have vehicular access to and frontage along
the right-of-way lines of a public road.
3.5.4.55 No residential plots shall have direct access to any roads with functional classifications of
collector or higher. Residential plots shall be provided with frontage on internal access
roads. However, frontage and access from a collector or even higher roads may be
allowed if:
3.5.4.56 Plots are designated for multifamily housing with the frontage along collector road of
minimum 30 meters;
3.5.4.57 They are accessed by a passage and off-street parking is accessed via side streets;
3.5.4.58 They are accessed by a common access easement and/or service road, which may run
parallel to the arterial or collector.
3.5.4.59 The minimum plot frontage shall be the same as the required minimum plot width, unless
the street is a curvilinear street or cul-de-sac and the irregular lots assist in achieving other
design objectives. However, no frontage shall be less than that which is required to
provide the minimum required access.

Double frontage Plots

3.5.4.60 Double frontage plots shall be avoided. Such plots shall be permitted only if it is
demonstrated that:

 One of the two frontages has a functional classification of collector or higher road.

 The arrangement is necessary because the proximity of intersecting arterials or

collectors make efficient alternative plot arrangements that place side plot lines along
the arterial or collector impractical.

 Plots with double frontages take access only from the internal subdivision road
(access road). The subdivision bears a notation disallowing access from the road with
the functional classification of collector or higher.

Panhandle Plots

3.5.4.61 Panhandle plots shall be avoided, wherever possible. Where a panhandle plot is required
to provide access to a landlocked area, no more than one panhandle plot shall be created
(a series of panhandle plots accessing the same roadway shall not be allowed).

Side Plot lines

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3.5.4.62 Side lines of a plot shall, generally, be set at right angles or radial to street right-of-way
lines; rear lines shall, generally, be whenever possible, parallel to street lines.
3.5.4.63 Different plot shapes may be permitted if necessary or desirable to relate building sites to
the terrain or open space or if they provide better site utilization and a more regular
pattern of building relationships.

Driveway access for corner plots

3.5.4.64 Corner plots located at the intersection of streets with different functional classifications
shall take access from the street with the lesser classification, if possible. Such driveways
shall be located as far from the street intersection as practicable and shall not be permitted
within the sight distance triangle.
3.5.4.65 Corner plots shall be designed to comply with the access spacing requirements of this
section.

Access Spacing and Corner Clearance

3.5.4.66 The corner of corner lots shall be designed as a curve that is parallel to the curve of the
adjacent street pavement and/or curb and gutter.

Land Remnants

3.5.4.67 Unless otherwise approved by the Relevant Authority, remnants of land containing less
area than the required minimum plot size prescribed by the existing regulation (UDS)
shall not be allowed when approving a subdivision. In making a determination, the
relevant Authority shall consider adjacency to open space or park land, access to such,
and the rights of users.

Residential Plots

3.5.4.68 Whenever viable, subdivision (plots) orientation shall ensure that living and private open
space areas of any dwelling can be orientated to the north and that dwellings can be
positioned so that the possible overshadowing impact on existing or future adjoining
buildings can be minimized.
3.5.4.69 Consideration of road orientation is an important factor in influencing plots orientation to
achieve energy efficient dwelling design. Roads running close to east-west provide for
good orientation of plots for solar access to dwellings and private open space, while
maintaining a narrow allotment frontage. This will contribute to minimizing the street
length and reduce lengths of utility and service related infrastructure. On roads running,
north-south, plots may need to be widened to provide for solar access and prevent
overshadowing of dwellings and private open space.
3.5.4.70 Where land slopes are generally greater than 5%, road and plot design shall provide for
dwellings to be generally parallel with the contours to minimize earthworks.
3.5.4.71 Special care should also be taken in the configuration of roads and allotments to:

 Minimize boundary retaining walls

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 Minimize potential overlooking

 Maintain solar access, where slopes face south. A greater distance between dwellings
will generally be required to achieve the same solar access as on level sites or north
facing slopes.

 Where subdivision involves existing plots with a new property boundary within 6
meters of an existing residential building the applicant may be required to establish a
building envelope to show how future development can be accommodated. This shall
be based on an assessment of opportunities for achieving objectives related to
orientation, solar access, visual and acoustic privacy appropriate for the type of
development proposed.

Commercial and industrial plots

3.5.4.72 Each commercial site created shall have adequate arrangements for service access;
3.5.4.73 Commercial and industrial plots shall be designed to prevent any visually unattractive
facility, such as loading platforms, material or refuse storage areas, mechanical
equipment, and supply areas, from facing major streets or residential neighbourhoods.
Alley access or screening walls shall be utilized to shield visually unattractive facilities.
3.5.4.74 Industrial sites shall additionally be capable of allowing maneuvering and turning of
heavy vehicles on site. The design standards are to be applied, in accordance with the
existing regulation.
3.5.4.75 Panhandle plots shall not allowed in industrial areas.3

D. DESIGN OF OPEN SPACES

3.5.4.76 Open spaces shall be integrated into the development design to bring significant open
spaces to the maximum number of properties.
3.5.4.77 Small, odd, left-over open space areas shall be avoided. Extra landscaping may be
required to enhance the value of such spaces where they cannot be avoided.
3.5.4.78 Open spaces shall be designed to provide greenways along drainage corridors. The
landscaping along corridors shall be designed to enhance the filtering of surface and
subsurface water flows. Trails shall provide access along the greenways and to the
residents of the development.
3.5.4.79 Visual access to open spaces shall be encouraged from both plots and roads.
3.5.4.80 Formal open spaces shall be designed to provide areas of focus within the development.
3.5.4.81 Landscaping and furniture for pedestrians shall be installed to enhance this effect.

E. EASEMENTS

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3.5.4.82 During development approval, the responsible local planning authority may require the
granting of a variety of easements on public/private property or plots. These easements
may be for any of the following purposes: drainage, utilities, access to public utilities or
drainage areas, fire protection, pedestrian access, and conservation. The following
standards shall apply to easements:

Easements for Utilities

3.5.4.83 Where required, all plots shall provide utility easements for sewer, water, telephone,
cable, fiber-to-the-home, or other public utilities that are necessary or desirable to serve
the subdivision. Their width location shall be as follows:

 Utility easements shall be a minimum of 1.5 meters wide.

 Utility easements shall, whenever possible, be located in roads reserves (rights-of-

way). If however, this is not feasible, utility easements can also be located at front,
side, or rear side of plots (properties), as determined by the relevant authority in
accordance with the particular plans and layout of the utility or other service
providing agency.

 Easements that fall on shared side or rear plot lines shall be of equal dimensions on
both plots involved, unless specifically authorized by the relevant authority.

 Where attached housing types are involved and plots are enclosed or very narrow,
easements shall be placed in open space areas for maintenance purposes.

Drainage Easement

3.5.4.84 Where subdivisions abut or include a stream, an easement shall be dedicated to the
Community for drainage and future improvements of such watercourse. The easement
shall have sufficient width as determined by the relevant authorities (DWA). An easement
for access to the stream easement shall be provided. No building shall be allowed within
this easement.
3.5.4.85 (The requirements stated in this subsection or the acceptance of an easement provided for
and shall not make the responsible local planning authority liable for maintenance of the
stream or for damage which may occur due to the presence of the stream.)

Encroachments and removal of encroachments

3.5.4.86 No permanent encroachment or structures shall be allowed to be located within the area
of any easement required by this subsection. The relevant authority shall have the right to
remove any encroachment, structures, landscaping, or any other improvements placed
upon such easements.

Drainage Plan

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3.5.4.87 Prior to approval of any subdivision designs by the responsible local planning authorities,
the applicant shall prepare a drainage plan of the area covered by the subdivision. The
drainage plan shall indicate the proposed method of disposing of storm water from said
area. The plan shall indicate the manner in which storm water runoff is to flow from back
lot line locations to the proposed pavement or storm sewer system or existing approved
watercourse. No structures or hard surface areas in a subdivision shall be built in a
manner to interfere with the proper performance of the approved drainage system.

Allocation of open space and landscape areas

3.5.4.88 The proposed detailed layout/ site plan, or other subdivision shall be designed to allocate
required open space and/or landscape areas according to the following priorities:
 Avoid development within floodplains and on land that is less than 0.5 meters above
base flood elevation or in areas which, if developed, would materially increase soil
erosion and pollution of water bodies, in order to facilitate construction in compliance
with section 3.11.5 Floodplains Protection of this code.
 Provide a strip of landscaped open space that is at least 3 meters wide between any
perimeter wall that is located along a street of collector or higher functional
classification and the interior edge of the sidewalk (or the edge of the right-of-way if
no sidewalk is required);
 Provide appropriate buffers between the proposed residential uses and existing or
proposed non-residential uses in accordance with section 3.3.6, Landscaping,
Screening and Buffer requirements; and
 Protect trees in accordance with section 3.11.2, Tree Protection, of this code.

F. STREET NUMBERING

3.5.4.89 All plots shall be numbered consecutively within each block face or street.
3.5.4.90 The numbering of buildings and structures on each street shall begin with one (1) at the
base line.
3.5.4.91 Plot numbers shall be placed on the front boundary wall.

Even-Odd Numbers

3.5.4.92 All buildings on the right hand side of each street running from the datum point at the
start of the road or base street shall be assigned an even number.
3.5.4.93 All buildings on the left hand side of each street, running from the datum point at the start
of the road or base street, shall be assigned an odd number.
3.5.4.94 For cul-de-sacs, loop roads, and circular roads or dead end roads, numbering shall
originate at the entrance to the road and terminate at the dead end.

Streets Not Intersecting Base Street

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3.5.4.95 All buildings facing streets not extending through to the base line shall be assigned the
same relative address as if the said street had extended to the appropriate base line.
3.5.4.96 On very long roads numbers shall ascend until the road crosses a neighbourhood
boundary, then commence again at 1 or 2. Long roads may thus have several occurrences
of each number.

Placement of Address

3.5.4.97 All buildings used as dwelling houses or places of business shall have the correct house or
plot number placed and maintained thereon in such manner that it may be easily read
from the adjacent street.
3.5.4.98 Each address shall be indicated by digits, placed in a horizontal line or a diagonal line no
more than forty-five (45) degrees from horizontal and placed so as to be read properly
from left to right or shall be placed vertically so as to be read from top to bottom.
3.5.4.99 The digits used for an address shall not be less than 10cm in height for residential and 15
cm in height for commercial, office, or industrial, buildings.
3.5.4.100 The digits shall be made of a durable and clearly visible material, which shall contrast
with its background.
3.5.4.101 The digit font shall be easily distinguishable and readable from the street under varying
natural and artificial light conditions.
3.5.4.102 The digits shall be placed immediately above, on or at the side of the main entrance of
each building.
3.5.4.103 Where the residence or structure is within 15m of the edge of a street right-of-way, the
number shall be displayed upon the front of the building within 1.5m of the primary
entrance.
3.5.4.104 Where the residence or structure is over 15m from the edge of the street right-of-way, the
number shall be displayed on a post, fence or wall at the property boundary line or access
drive to the residence or structure.
3.5.4.105 All figures used in such numbers shall be neat, legible and permanent.

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3.5.4.106 Visibility of numbers shall not be impaired by any plantings, structures or other objects.
3.5.4.107 No owner, occupant, lessee, tenant or subtenant of any residence or structure shall display
any address number other than the assigned property number designated by the relevant
authority.
3.5.4.108 Multiple residential buildings containing more than two dwelling units shall display the
appropriate address on the individual residences and also display the addresses of all
residences included in each building or court on a separate sign or post easily evident
from the street.
3.5.4.109 There shall be permanently displayed a guide map on a sign at the main entrance of the
apartment complex graphically showing:

 The traffic or street layout through and around the apartment complex;

 The arrangement of all the buildings in the apartment complex with corresponding
parking areas;

 Directional north arrow;

 The street address of each building or an identification number or letter of each

building; and

 Identification of letters or numbers of individual units on each corresponding

building.

3.5.4.110 Each individual apartment unit shall display the apartment number or letter. Apartments,
and shopping centres, parks shall be assigned one road or street number with an
apartment, plot or unit number as a secondary location indicator, i.e. 123 Independence
Avenue, Apartment 1.
3.5.4.111 Multi-tenant commercial, office, or industrial building complexes shall display the
appropriate address on or adjacent to both front doors. In addition to the appropriate
address, each establishment shall be clearly identified by displaying the name of the
occupant. If no other visible identification is available, the name shall be clearly printed
on the door or beneath the address.

Plots with Double Frontage (not on corners)

3.5.4.112 Plots with double frontage shall be numbered relative to the primary street address.

Corner Plots

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3.5.4.113 All corner plots shall be given an address to the more prominent road as defined in Urban
Design Standards’ hierarchy of roads.
3.5.4.114 Properties outside the built-up area shall be assigned ‘Rural Street Numbers’ based on the
distance from the start of a road and the side of the road that the property is on. For
example, a property entrance 2560m from the start of the road and situated on the left-
hand side of the road would be number 255. If the property entrance was on the right-
hand side of the road, then the rural road number would be 256.

House Number Records

3.5.4.115 All local authorities shall keep a plat book of all public and private streets showing the
proper address of all houses, buildings and plots, fronting upon all public or private
streets.
3.5.4.116 The plat books shall be open to inspection of all persons during regular office hours.

Subdivision and New Construction

3.5.4.117 All subdivisions and new construction shall be named and numbered as follows:

 New Subdivisions: Any prospective subdivisions shall show a proposed road name
and plot numbering system based on this regulation on application submissions to the
Planning Authority.

 New Construction: Whenever any residence or other structure is constructed that

requires an assigned number, it shall be the duty of the new owner to procure an
assigned number from a registered assessor at the time of the issuance of the planning
and Building Permit.

G. STREET NAMING

3.5.4.118 A uniform system of street naming for all public and private streets shall be adopted.
3.5.4.119 All public or private thoroughfares dedicated or improved for general travel, and used as
means of primary access to the front of residential, business or other property shall be
termed a "street, avenue, drive, place, parkway, road, lane, court, close, crescent or
boulevard".
3.5.4.120 Each public or private road, camp road or fire road shall have the same name throughout
its entire length, until where it intersects with another road.
3.5.4.121 Street name signs shall be uniformly placed on the northeast corner of every intersection
and on such other additional corners as deemed necessary to provide proper identification.

H. CONNECTIONS

Links with surroundings

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3.5.4.122 Connections shall be made with the surrounding access routes and streets to enhance
linkages and access.
3.5.4.123 Connectivity shall cater for the needs of both motorised and non-motorised transportation
modes.
3.5.4.124 Road space shall be planned to give priority to walking, cycling and public transport.
3.5.4.125 A walking distance of between 400m and 800m shall be maintained to access community
facilities, mixed uses and open spaces.

Public Transport

3.5.4.126 Connections shall allow direct access to public transport routes.

3.5.4.127 Transport planning shall provide for a seamless-web system of fast, efficient public
transport to connect city centres with strong sub-centres.
3.5.4.128 Dedicated or express public transport lanes shall be provided in inner city areas, where
possible.
3.5.4.129 Well-placed and safe pedestrian crossings shall be provided.

3.5.4.130 Public transport stops shall be provided at major activity places, near shops with the
recommended stop intervals as in the following table.

Table 3.10: Stop intervals for public transport

Mini-bus Bus Trams/Light rail Rail

Stop interval 200m 400m 600m 1000+m

I. RESOURCE AND ENERGY EFFICIENCY

Sun

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3.5.4.131 Daylight: to reduce the need for artificial lighting buildings are to be oriented broadly to
the south, but mostly stay within 15-20 degrees due south. This will create a mostly East-
West street pattern.

Water

3.5.4.132 Streams, rivers lakes e.t.c. shall be designed as an integral part of settlement, and thus
incorporated into surface water retention systems. This will reduce the need for drainage
infrastructure as well as provide attractive visual landscapes and ecological habitats

Wind

3.5.4.133 The design and positioning of buildings shall recognise the potential of wind for natural
ventilation as well as energy source. Buildings shall be positioned with wind patterns in
mind, in order to minimize funneling and the creation of uncomfortable microclimates.

J. SAFETY AND SECURITY THROUGH DESIGN

3.5.4.134 Security shall be supported by clearly designating private, semi-private, public and
community spaces when designing places and buildings.
3.5.4.135 Prison-like security that undermines the attractiveness of buildings and spaces shall be
avoided.
3.5.4.136 Security fences, grills shall be designed not to be visually intrusive, rather as sculptures.

CPTED – Crime Prevention through Environmental Design

3.5.4.137 Development proposals/Detailed Layout Plans shall be designed to incorporate crime

prevention through environmental design (CPTED) principles. CPTED is a pro-active
crime prevention strategy utilized by built environment professionals and everyday users
of space aimed at reducing the incidence and fear of crime and improving the quality of
life through proper design and effective use of the built environment.
3.5.4.138 The following underlying CPTED concepts shall be incorporated into site/layout designs
to enhance the quality of the public realm:

Natural Surveillance

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3.5.4.139 Windows shall be placed overlooking sidewalks and parking lots.
3.5.4.140 Passing vehicular traffic which shall be used as a surveillance asset shall be encouraged in
design.
3.5.4.141 Landscape designs shall provide for surveillance, especially in proximity to designated
points of entry and opportunistic points of entry.
3.5.4.142 Shorter and least sight-limiting fence shall be encouraged.
3.5.4.143 Transparent weather vestibules shall be used at building entrances.
3.5.4.144 Lighting shall be used to eliminate blind-spots for potential criminals, by ensuring that
potential problem areas are well-lit: pathways, stairs, entrances/exits, parking areas,
ATMs, phone kiosks, mailboxes, bus stops, children's play areas, recreation areas, storage
areas etc.
3.5.4.145 Lighting shall be placed along pathways and other pedestrian-use areas at proper heights
for lighting the faces of the people in the space.

Natural Access Control

3.5.4.146 Points of entry shall be clear and easy to identify.

3.5.4.147 Ornamental fencing shall be used along front property lines to control access, encourage
surveillance.
3.5.4.148 Structures shall be used to divert people to reception areas.
3.5.4.149 Maze entrances shall be encompassed in public restrooms.
3.5.4.150 Isolation produced by an anteroom or double door entry system shall be avoided.

Territorial Reinforcement

3.5.4.151 Razor-wire fence topping and cyclone fencing shall be avoided as much as possible, as it
communicates the absence of a physical presence and cues a reduced risk of being
detected.
3.5.4.152 Premises and landscaping shall be maintained in such a manner that it communicates an
alert and active presence occupying the space.

3.5.4.153 Public amenities such as seating or refreshments located in common areas in a

commercial or institutional setting helps to attract larger numbers of desired users.
3.5.4.154 Landscaping, especially trees, shall be provided as outdoor spaces with more trees are
seen as significantly more attractive, safe, and more likely to be used than similar spaces
without trees.
3.5.4.155 Restricting private activities to defined private areas.
3.5.4.156 Displaying security system signage at access points.

Pedestrian walkways

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3.5.4.157 Interconnected pedestrian networks protected from direct sun and rain shall be provided.
3.5.4.158 Pedestrian walkways shall be protected from extreme weather elements by continuous
shelter as well as street trees and other landscaping.
3.5.4.159 For all land uses, buildings along sidewalks shall provide pedestrian overhead cover, in
the form of canopies, overhangs, awnings e.t.c with a minimum of 2m from the building.
3.5.4.160 The pedestrian overhead covers may be attached to building facades and cantilevered over
pedestrian zone or as a free standing element which does not impede pedestrian
movement.
3.5.4.161 The pedestrian overhead cover provided in the buildings along sidewalks between
adjoining property uses shall be aligned.
3.5.4.162 The heights of pedestrian overhead cover shall be designed to a human scale.
3.5.4.163 The maximum gradient of footpaths shall be 1:12.
3.5.4.164 Walkways between buildings and transit stops shall be covered.
3.5.4.165 All roads/streets shall have a walkway on each side of a minimum width of 1,2m.
3.5.4.166 All walkways shall be free of any obstacles to the movement of pedestrians.
3.5.4.167 Vehicular access shall not be allowed onto the pedestrian areas. Vertical kerbs or bollards
may be used to prevent such vehicular access.
3.5.4.168 All walkways and other pedestrian areas shall have a surface that is dust and mud-free,
well drained and reasonably suitable for safe and comfortable walking.
3.5.4.169 Shelters/awnings must have a clearance 0.5m to any tree trunk.
3.5.4.170 All covered pedestrian walkways and paths shall have adequate lighting to meet
pedestrian needs.

Pedestrian crossings

3.5.4.171 Context-based design of pedestrian crossings at intersections and mid sections between
major intersections shall be provided for in order to improve pedestrian movement.

3.5.4.172 Wide and safe pedestrian crossings shall be incorporated on major traffic routes. The
crossings may be landscaped with floorscape, lights e.t.c. to define the crossings.
3.5.4.173 All pedestrian crossings shall be clearly marked.

Pedestrian routes

3.5.4.174 Long pedestrian routes with no provision for rest or pause shall be avoided.
3.5.4.175 Street furniture, rest rooms and water fountains shall be provided at maximum intervals of
800m along the pedestrian routes.
3.5.4.176 Litter bins shall be provided along all pedestrian routes at maximum intervals of 200m.

Pedestrian transit facilities

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3.5.4.177 Dedicated transit infrastructure and facilities shall be provided for pedestrians, including
universally accessible bus shelters and side walk connections, and where practical
integrate them with adjacent development.
3.5.4.178 The following streetscape elements shall be provided in an integrated manner at all bus
and taxi stops:

 shelter

 a seating facility

 a litter bin,

 facilities for informal trade (at busier or more important stops)

3.5.4.179 At taxi ranks and bus stations, the following shall be provided:

 shelters/canopies  drinking fountains

 Ablution blocks  informal trade facilities

 directional and informational  public toilet facilities

signage
 public telephones
 public clocks
 facilities for washing and cleaning
 seating facilities taxis

 litter bins

3.6 GENERAL SIGNS AND ADVERTISEMENT SIGNS

3.6.1 PURPOSE
3.6.1.1 The purpose of this section is aimed at controlling the erection, location and maintenance
of outdoor signs in a manner that will protect the public health, safety and morals, and to
promote public welfare. This purpose statement is made in recognition of the following:

 There has been a great increase in the number of businesses with a marked increase in
the number and size of signs advertising such business activities.

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 The indiscriminate erection, location, illumination, colouring and size of outdoor
signs constitute a significant contributing factor in detracting from the visibility of
traffic lights and signals, and tend to distract and divert the attention of drivers away
from the flow of traffic movements.

 The construction, erection and maintenance of large outdoor signs suspended from, or
placed on top of buildings, walls or structures, constitute a direct danger to pedestrian
traffic below such signs, especially during periods of high velocity winds.

 The size and location of such outdoor signs may, if uncontrolled, constitute obstacles
or impediments to effective fire fighting, and can also contribute to the blighting of
the built environment.

3.6.1.2 In terms of the provisions of the Town and Country Act, the responsible local planning
authorities are empowered to control outdoor advertisements in so far as public safety and
amenity are concerned, though not the contents of advertisements. Respective local
planning authorities may however use bye laws to control the contents of advertisements
in their jurisdictional areas. The national Guidelines For Regulating Advertisement and
Hoarding signs empowers the Minister to:

 Regulate the dimensions, appearance and position of advertisements which may be

displayed.

 Regulate the sites on which they are displayed.

 Regulate the manner in which they are affixed to land.

 Require that specific consent be obtained from him for the display of advertisements
of any prescribed class.

 Delegate all or some of these responsibilities to local planning authorities or such

bodies as may be deemed necessary.

 Notwithstanding the provisions of this chapter on advertisement Signs Standards and

Regulations, the provisions of the National Guidelines shall apply. Where there is a
conflict, those of the TCPA shall prevail. For use of road reserve for advertisement
purposes along national roads, consent should be sought from the Department of
Roads.

REFERENCE TO NATIONAL GUIDELINES

3.6.1.3 For details on specifications and classification of advertising, refer to National Guidelines
on Advertising.

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3.7 NOISE, EMMISSIONS, ODOURS AND DEBRIS

3.7.1 PURPOSE
3.7.1.1 The intent and purpose of this chapter is to provide maximum standards for noise,
emissions, odours, dust and debris all aimed at protecting public health and safety. All
uses shall comply to these standards and shall be certified by an competent engineer in a
relevant Government Agency.

3.7.2 NOISE

Method of Measurement of Noise Level

3.7.2.1 Noise level measurements at any particular use activity shall be taken by a Relevant Local
Authority which shall employ sound level metres and octave band filters in measurements
used in the enforcement of these regulations.

Maximum Noise Levels within Specific Use Zones

3.7.2.2 No use shall exceed the noise level indicated in Table 3.12, measured at any plot
boundary line.

Table 3.12: Maximum Noise Levels

Land Use Zone Max. dBA from 7 AM to Max. dBA from 10

10 PM PM to 7 AM

Residential Use or Zones permitting 55 45

Residential Uses

Commercial Zones 65 55

Industrial Zones 75 65

3.7.2.3 The most restrictive standards shall apply where different uses adjoin the subject use
activity. The standard shall also be met on abutting use activities.

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3.7.2.4 The following use activities shall not be located in residential zones and zones permitting
residential uses or within 500m from educational facilities, churches and health facilities:
3.7.2.5 Night clubs, Bars and Bottle stores and industrial use activities that would result in loss of
amenity to that area through noise, smoke, rubbish, odours, light, shadow, gases or
temperature changes. Night clubs where ever located shall provide adequate acoustics.
3.7.2.6 Where barriers, structures and buffers are used to meet noise reduction, they shall be
certified by a qualified acoustic engineer as meeting the specified standards for the use
activities.
3.7.2.7 The following are exempt from the standards provided in this chapter:

 Noises emanating from construction activities between the hours of 7.00 am to 6.00
pm that are temporary in nature.

 Transient noise from moving vehicles, such as cars, and trucks or trains.

 Extraction activities may be granted limited exception to noise standards during

special use approval process.

3.7.3 EMISSIONS
3.7.3.1 Control of Emissions: All industrial uses shall submit verification that their proposed
smoke and particulate matter emissions meet standards set by the Atmospheric Pollution
(Prevention) Act and Public Health Act.
3.7.3.2 No regulated emission source shall be constructed or operate without permit from the
relevant Government agency.

3.7.4 ODOROUS MATERIALS

3.7.4.1 Objectionable odours that are noticeable at any point beyond the property line are
prohibited. If it appears that there is an objectionable odour emission the local authority
shall take the appropriate measures as it deems fit against the offence and the provisions
of the relevant legislation shall apply.

3.7.5 DUST AND DEBRIS

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3.7.5.1 Best Management Practices (BMPs) include, but are not limited to, covering stored
materials, wetting or otherwise stabilizing the material, paving, sodding, sweeping or
vacuuming the materials, wind breaks or silt fences, filters, or other trapping mechanisms.
Depending on the nature of the use or construction, appropriate BMPs may be
promulgated by the Department of Environmental Affairs.
3.7.5.2 Control of dust and particulate: Dust and particulate matter shall be controlled using Best
Management Practices ("BMPs") to prevent significant off-site deposition on adjoining
plots or roads. The responsible planning authority shall determine whether the pattern of
deposition is a result of the regular operation of the industrial use or vehicular traffic on
the site, not a short-term landscaping or construction activity that was impacted by severe
winds. Long-term construction is expected to use Best Management Practices to reduce
dust. Clean-up of deposited material shall be the responsibility of the developer. If the
planning authority must do the clean up because of failure of the developer to take
corrective action, the authority may close the use until corrective action is taken and
cleanup expenses paid.
3.7.5.3 Construction activities: shall be conducted using BMPs that avoid the deposit of dust and
debris on adjoining property and public streets. Clean-up of deposited material shall be
the responsibility of the generator. If the planning authority must do the clean up because
of failure of the generator to take corrective action, the planning authority may shut down
the construction until the dust and debris is cleared and cleanup expenses paid.
3.7.5.4 All construction debris, including but not limited to cement waste, shall be removed from
the property and disposed of at an authorised facility upon completion of construction.

3.8 SAFETY
3.8.1 PURPOSE
3.8.1.1 The purpose of the provisions of this chapter is to provide a high degree of public safety
by establishing minimum life safety requirements for various building categories and
other use activities. In establishing these safety requirements, reference has been made to
the Building Control Code; Botswana Bureau of Standards; Road Traffic Act and their
key provisions adopted and incorporated into this code, while additional requirements
have also been added.

3.8.2 FIRE SAFETY (BUILDING FIRE SAFETY) REGULATIONS AND OTHER FIRE
SAFETY REQUIREMENTS
3.8.2.1 All developments shall comply with the regulations/requirements of the Fire Department.
3.8.3 FIRE SAFETY WORKS TO COMPLY WITH THE REGULATIONS UNDER
THIS SECTION
3.8.3.1 All fire safety works shall be designed, installed, tested, inspected, operated and
maintained in accordance with the Regulations of this chapter, and any instructions that
may be issued by Fire Department.
3.8.4 USE OF FLAMMABLE MATERIALS

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3.8.4.1 Flammable materials used for covering and insulation purposes shall conform to the type
and standards acceptable to Fire Department and shall be of a type which shall not if
burnt emit toxic gases beyond such values as may be prescribed by Fire Department and
other Relevant Authority..
3.8.5 FIRE SAFETY REQUIREMENTS FOR ALL EVENTS
3.8.5.1 The following shall be minimum requirements:

 A clearly marked and unobstructed access for emergency vehicles.

 Parking areas for private vehicles must be addressed to minimise risk of fire spread

 A minimum of two escape points to evacuate premises to a safe area for people
present.

 Escape doors and all exits must be clearly indicated with photo luminescent signage
and doors to have approved locking devices (as approved by the Local Authority).
Escape routes to be unobstructed at all times. People should be able to walk safely
along, clearly recognisable routes, by own unaided effort. Doors to open in direction
of travel and maintained in satisfactory condition.

 Fire equipment to be clearly indicated, mounted and serviced annually. A 1m²

clearance to be kept around fire equipment and to be accessible at all times. All fire
equipment to conform to SABS standards.

 Emergency lighting: In addition to the normal lightning arrangements, emergency

lightning must be provided as determined by the fire safety representative. The
emergency lightning supply should come from a source of electricity independent of
normal lightning to provide lightning to Exits signs located around the venue for
directional purposes and located above the final exit doors. Emergency lighting to
give sufficient light for at least 60 minutes. All parts of the venue to which people
have access should be provided with normal and emergency lighting capable of
giving sufficient light for people to leave safely as determined by the risk assessment.

 Manually activated audible alarm systems to be in accordance with S.A.B.S 0139.

 Electrical certificate of all electrical work completed, to be handed to Fire Safety

Official for the event, temporary and permanent installation.

 Electrical cabling to be covered with an approved ducting method or below ground

level. Overhead cabling to be at least 2.1m high.

 Structural engineer to certify all structures including marquees, stages, stands,

grandstands, screens, and suspended lights or sound equipment.

 All combustible wood and additional material to be used for décor such as draping,
curtains, partitions, and floor, wall or roof coverings where required, to be treated

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with a flame retardant. A certificate of proof to be presented to the Fire Safety
Official.

 Curtains across exit doors should be arranged so as not to trail on the floor, they
should be open from the centre and will only be permitted where stewards are present
at all times.

 The local authority "Fire Safety" may limit the amount of coverings used for décor
and prohibit the use in certain locations or insist on additional fire protection
measures.

 Sprinkler Systems: The performance of sprinkler systems may not be impeded in

anyway. At any event where such building is sprinkle protected and a temporary roof
structure is erected inside the existing building, the roof area may not exceed 2m2.
Where the roof exceeds this amount under roof protection to be supplied.

 Vehicles: A maximum of 10 litres of fuel is allowed (1/4 tank) in the fuel tank of a
vehicle, in a display area. The battery of such vehicle must be disconnected.

 Shows and exhibitions: Aisle width to be at least 3m and no trading to take place in
aisle space.

 Braai areas: These should be demarcated and so positioned to limit smoke travel and
fire risk.

 Special effects and Pyrotechnics: Written application with a site plan to be submitted
to the Local Authority “Fire Safety".

 If barriers or collapsible fencing is used the Fire Safety Official shall be consulted as
to the requirements.

3.8.6 EXPLOSIVES AND TOXIC CHEMICAL MANUFACTURING AND STORAGE

3.8.6.1 No manufacturing and storage of explosives and toxic chemicals shall take place in all
land use zones except in heavy industrial areas.
3.8.6.2 Explosives storage shall not be located closer than 500m to any property line in industrial
areas.
3.8.6.3 Explosive storage and manufacturing areas shall be effectively screened by effective wall
barriers.

3.9 3.10 REFUSE STORAGE AND DISPOSAL

3.9.1 PURPOSE

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3.9.1.1 It is the purpose and intent of the provisions of this chapter to:

 Ensure that refuse/solid waste is collected, stored and disposed in an environmentally

sound manner, necessary for safeguarding of the health of residents;

 Make provisions for the establishment of adequate facilities as part of the system for
the processing and disposal of solid waste;

 Make provisions for the recycling of reusable solid waste.

 Make provisions for clinical and hazardous waste management.

3.9.2 RESPONSIBILITY FOR THE STORAGE, COLLECTION AND DISPOSAL OF

REFUSE/SOLID WASTE
3.9.2.1 It shall be the responsibility of owners of residential, commercial/business, institutional
and industrial premises to store generated refuse/solid waste in an environmentally sound
manner prior to collection for eventual disposal.
3.9.2.2 It shall be the responsibility of the responsible local planning authority to collect and
dispose of refuse on a reasonably regular basis. All or part of this responsibility may be
outsourced by the responsible local planning authority to a private contractor. All
disposals of refuse/solid waste shall be at designated disposal facilities and sanitary
landfills.
3.9.2.3 But for some commercial zones (i.e General commercial, Community centres and local
centres), waste collection points should be at a selected common point for proper waste
management and aesthetic purposes.

3.9.3 METHODS OF STORAGE OF REFUSE/SOLID WASTE

3.9.3.1 Single residential use shall have a waste/refuse bin on the premises and located to the plot
frontage for easy collection. The bin should be secure against scattering of waste.
3.9.3.2 Multi-family, commercial, or industrial use shall have a waste/refuse bin on the premises
and should be located to the rear of the plot and clearly accessible.

3.9.3.3 The bin (excluding single family residential) shall be screened from view on at least three
sides by a solid wall 1.8m in height and on the fourth side by a solid gate. Refuse
enclosures shall have a roof.
3.9.3.4 Waste bin for single family dwelling units shall be stored within an enclosed structure and
screened from the public right-of-way behind a fence.
3.9.3.5 It shall be the responsibility of owners of premises to prepare generated solid waste for
collections on scheduled collection days as follows:

 Generated refuse shall be placed in plastic refuse bags, which shall be collected with
their contents, and placed between the edge of the road reserve and the plot boundary
line on the morning of the scheduled collection day by the responsible planning
authority or the contractor to whom the service has been outsourced. The placement
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location for each owner’s refuse shall be limited to the street frontage abutting the
owner’s property.

 Where containers are used, they shall not be left on the street after the day of
collection.

3.9.3.6 In major activity areas/nodes like malls and shopping centres arrangements shall be made
by the owners or local authorities for skips which shall be placed away from public view.

3.9.4 REGULATIONS AND STANDARDS FOR LOCATING REFUSE DISPOSAL

FACILITIES AND LANDFILLS

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The following regulations and standards shall apply, except where otherwise stated.
3.9.4.1 A site for a sanitary landfill shall be approved by all relevant regulatory agencies. In this
regard, an application shall be accompanied by an affidavit by the applicant that the
proposed landfill operation shall comply with all national and local authority legislations
and regulations applicable to such landfill operations and that all required permits and
approvals have been or will be secured. Furthermore, in any case in which these standards
are in conflict with national/ Local authority regulations, the more stringent standard, or
regulation, shall take precedence. An Environmental Impact Assessment (EIA) study
shall be mandatory.
3.9.4.2 Landfill excavation or filling shall not be located within the approach zones of any
airport.
3.9.4.3 Landfill excavation or filling shall not be located within a minimum of 1000 meters of
any building used for residential purposes.
3.9.4.4 No sanitary infill shall be located within the 100 year floodplain and no excavation except
as expressly authorized by the appropriate legislative bodies shall it be located within the
100 year floodplain.
3.9.4.5 No excavation or filling shall be made within 30 meters of any boundary of the site or
within 30 meters of any road reserve.
3.9.4.6 A landscape screen, including secure fence shall be installed and maintained around the
perimeter of the site. Gates of the same construction as the fence shall be provided, and
shall remain locked at all times when active operations are not taking place and shall be
properly maintained until all operations are completed.
3.9.4.7 Provisions shall be made for the proper drainage of storm water falling on or crossing the
site at all times during and after completion of the operations. The operations shall not
obstruct the normal flow of any public drain, or abrogate the riparian rights of any other
party to a stream or drain.
3.9.4.8 The depth of excavation and the materials to be used for backfilling shall not have any
adverse effect on the supply, quality or purity of ground water or wells.
3.9.4.9 The final fill and finished grade shall be stabilized, seeded and appropriately planted after
completion and closure of each stage of landfill operations.
3.9.4.10 The provision of roads, parking areas, buildings, structures and operational facilities and
equipment shall be so located on the site so that adjoining properties will not be adversely
affected.
3.9.4.11 Except for protective fences, no building or structure, other than a scale and entry
gatehouse erected in connection with the operation, shall be located closer than 30 meters
from any property line/plot boundary line.
3.9.4.12 The landfill site shall have direct access to a major or collector road. Access to the site
shall be located so as to require a minimum of travel on a public way.
3.9.4.13 Water lines are a precondition and shall be installed, connected to a public water supply,
or to some other source which by use of pumps will provide water in sufficient quantity to
combat fires or settle dust.

3.9.5 SOLID WASTE TRANSFER STATIONS

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3.9.5.1 Transfer stations facilities shall be permitted in areas designated for such purposes by the
responsible local planning authority, and subject to the following:
3.9.5.2 The transfer station shall only handle waste that can be legally handled or disposed of in a
referral solid waste landfill facility. This limitation shall not preclude use of the transfer
station site for collection, processing, storage, and transfer of recyclable materials or for
other waste reduction activities.
3.9.5.3 The transfer station entrance driveway shall be located on major (primary or secondary)
roads or on a collector road within 500 meters of its intersection to major roads and/or
interchanges.
3.9.5.4 There shall be at least 200 meters of separation between the transfer station facility
[building and vehicular use areas adjacent to the building] and the nearest residential
structure.
3.9.5.5 The facility shall conform to all applicable Regulations imposed by relevant authorities.
3.9.6 MANDATORY RECYCLING PROGRAMMES BY RESPONSIBLE LOCAL
AUTHORITIES
3.9.6.1 All responsible local authorities shall, one year after the effective date of this code, have
put in place a refuse recycling programme. Under such a programme, the following
recyclable generated materials shall be sorted and separated from the solid waste stream
to be recycled for use and not disposed as waste: newspapers, cardboards, office papers,
aluminum cans, glass bottles, plastic containers and other types of recyclable materials
identified by responsible local authorities.
3.9.7

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3.10 NATURAL RESOURCES PROTECTION

3.10.1 PURPOSE
3.10.1.1 The purpose of this chapter is to provide sets of regulations aimed at the protection of
natural resources and amenities in a bid to achieve their sustainable utilisation. These
regulations are aimed at stemming the compromising of the ability of future generations
to enjoy or reap the benefits of these natural resources. Furthermore, these regulations
will aid in the maintenance of the ecological balance of the natural environment,
particularly environmentally sensitive areas. In particular the regulations are aimed at:

 Tree protection to reasonably regulate and control the clearing of trees and woody
vegetation, and encourage the protection and preservation of existing trees; and the
planting of new trees.

 The establishment of priorities and permitted uses in open use land categories with
regards to their preservation, conservation and maintenance. This does not preclude
adherence to minimum open space requirements and standards for their development
and use as set forth in chapter 2 of this code.

 The establishment of minimal acceptable requirements for the design of buffers to

protect property adjacent to rivers, streams, and floodplains; the protection of water
quality of watercourses, lakes, wetlands, and other significant water resources; and
the protection riparian and aquatic ecosystems; and to provide for the
environmentally sound use of land resources.

 It is the general intent and purpose of this section to establish standards aimed at
protecting floodplain and wetland resources and importantly to protect public safety,
health and welfare.

3.10.1.2 Resources extraction standards and relegations as provided in this section are intended to
ensure public safety, health and welfare, as well as to ensure that resources extractive
activities are conducted in an environmentally sound manner. The standards and
regulations herein shall apply to but not limited to excavation/ extraction of sand, gravel
and other attractive resources excluding minerals crucial to the state’s economy.

Applicability

3.10.1.3 This section shall apply to:

 All proposed development which includes subdivision of land; construction or

alteration of structures;

 All existing parcels of land, structures and activities, as determined by site inspection,
which are causing or contributing the following to rivers and streams;

 Pollution, including point source and non-point pollution;

 Erosion or sedimentation of river and stream channels;

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 Degradation of aquatic or riparian habitat.

3.10.2 TREE PROTECTION

Tree Preservation Required

3.10.2.1 Tree preservation is required for the perimeter of a development site. For the preservation
of trees, the following standards and regulations shall apply:
3.10.2.2 Along public rights-of-way of any proposed residential zone or the residential portion of a
proposed planned development, a 15-metre buffer of naturally existing vegetation shall be
maintained, exclusive of areas required for access to the plot/site;
3.10.2.3 Development shall be designed such that existing trees on site are preserved whenever
practicable.
3.10.2.4 In the preparation of a site for development, where there are a significant number of trees,
there shall be no indiscriminate cutting/felling of trees. Trees shall be removed only if:

 They are a prohibited species

 They are unhealthy or structurally unsound

 They are within 3 meters of an approved building foot print

 They are within 1.5 meters of a utility easement and would interfere with the use as
the easement.

 They are within 1.5 meters of an approval outdoor recreation area that by their nature
require the removal of the trees (e.g. football pitches)

Protected Trees

3.10.2.5 The following trees shall be classified as trees for protection, and shall be preserved and
maintained in accordance with the provisions of this section:

 Champion Trees – The largest tree of any given species in a given settlement shall be
designated by the relevant Government agency as a benchmark champion tree if it is
in good physical and structural health. The measurement shall be the tree’s diameter
at breast height (DBH). Any tree within a given settlement with a diameter at breast
height of at least 80% of the benchmark champion tree of the same species shall also
be designated a champion tree.

 Heritage Trees – These are trees designated as such by the relevant Government
agency because of one or more of the following reasons:

 The tree is an outstanding specimen of a desirable species;

 The tree is one of the largest or oldest trees in the settlement;

 The tree possesses a distinctive form, size, age or location;

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 The tree has historical significance

Tree Removal and Replacement Standards

 Protected trees shall not be removed, damaged or destroyed unless a tree removal
permit is issued by the relevant Government agency. Trees that are not protected as
provided under “Protected Trees” may be removed, subject to limitations provided in
subsection (i), Tree Preservation Requirements, upon issuance of a building permit.

 A tree removal permit may be issued for the removal of protected trees for
development of a site if it is demonstrated that:

 No reasonable alternative site design at the same density and intensity could be
approved that:

 Would preserve all of the protected trees;

 Would preserve the largest of the protected trees; or

 Would preserve a greater number of protected trees.

 Relocation of the protected trees to another location on-site or within the settlement is
not practically or economically feasible;

3.10.2.6 The relevant Government agency may order the removal of a Protected/Heritage tree in a
case where it is established that an emergency situation exists that would cause the
Protected/Heritage tree to become a public danger.
3.10.2.7 Where permission has been granted for the removal of a tree, its replacement shall be
encouraged.

Removal with Replacement

3.10.2.8 A protected tree may be removed with replacement only in the following circumstances:

 The protected tree is damaged by natural causes beyond the point of recovery;

 The protected tree is diseased beyond the point of recovery;

 The protected tree must be removed as a safety measure because it is in danger of

falling;

 The protected tree threatens to damage property;

 The protected tree is dead.

Tree Protection Measures during Construction

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3.10.2.9 All trees on public or private property that are designated for preservation shall be
protected during the development of the site by a barrier or temporary fencing at least 1
meter high that designates the enclosed area as a tree protection zone. This enclosure shall
extend to the drip line of the protected tree, except where such trees extend into an area to
be graded, in which case the protection shall be no less than 3metres beyond the trunk of
the protected tree. Neither construction materials, waste materials, nor any form of debri
shall be deposited, nor shall any equipment or vehicles be allowed within the protection
zone. In addition, no impervious paving shall be placed within the critical root zone of
any protected tree.

3.10.3 OPEN USE AREAS/SPACES

Open Space Priority

3.10.3.1 The following hierarchy of primary and secondary open uses are herein established:

 Primary Open Space – The following are considered open areas and required open
spaces can be provided in these areas:

 The 100 – year floodplain;

 Stream buffer areas required along each side of all perennial and ephemeral
streams;

 Jurisdictional wetland that meet the definition provided by the Botswana

Wetland Policy and Strategy (1998);

 Historical, archeological and cultural sites.

 Secondary Open Space – The following are considered secondary open areas and
required open spaces can be provided in these areas:

 Areas with significant natural features and scenic viewsheds such as hill
ridgelines, field peaks and rock outcrops;

 Areas that are easily connected with trails and greenways;

 Areas with terrains and soils constituting constraints to developments;

 Landscaped site elements such as required buffers.

Permitted Uses in Open Use Areas

3.10.3.2 Uses of open areas may include the following:

 Conservation areas for natural, archeological or historic resources;

 Wildlife corridors, game reserves or similar conservation – oriented areas;

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 Pedestrian recreation areas;

 Active recreation areas, provided that impervious area is limited to no more than 25%
of the total open use area (active recreation areas in excess of this impervious area
limit shall be located outside of the protected open use area);

 Golf courses (excluding clubhouse areas and maintenance facilities), provided that
the area does not exceed 50% of the required open space, and further provided that
impervious area is limited to no more than 10% of the open use area;

 Above – ground utility easement/corridor;

 Water bodies, such as dams, lakes and ponds, provided the total surface area does not
exceed 50% of the required open space;

 Agriculture, horticulture or pasture uses, provided that all applicable management

practices are used to minimize environmental impacts;

 Landscaped storm water management facilities;

 Other conservation – oriented uses compatible with the purpose of this code.

 All the above different uses shall be managed by the relevant Government Agencies.

Prohibited Uses of Open Use Areas

3.10.3.3 Open use areas shall not include the following:

 Individual wastewater disposal systems (community system may be permitted);

 Streets and parking areas;

 Solid waste disposal

 Other activities as determined by the responsible local planning authority which are
consistent with the intent and purpose of this section.

3.10.4 RIVERS AND STREAM BUFFERS

River/Stream Buffer Standards

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3.10.4.1 Buffers shall be vegetated either in their natural state or using appropriate nursery stock
vegetation. Soil disturbance in buffer areas shall as much as practicable be minimized.
Where necessary, invasive species removal may be allowed prior to establishment of
indigenous vegetation.
3.10.4.2 River and stream buffers shall be applied to all perennial and ephemeral rivers and
streams. The Buffers shall extend outward from the mean high water line. Where there
are no wetlands and flood plain map, the following Table shall be used as a guide for
buffer widths:

Table 3.13: Required Minimum Buffer Widths

Width (Cross Section) of River Required Minimum Buffer Width

(Metres)

0 – 499m 20m

500m – 999m 50m

>1000m 100m

3.10.4.3 The buffer width shall be adjusted where necessary, to include contiguous, sensitive
areas, such as steep slopes (greater than 30% grade) or erodable soils, where development
or disturbance may adversely affect soil erosion, water quality, streams or other water
bodies.
3.10.4.4 River/stream buffer shall be extended to encompass the 100 – year floodline;
3.10.4.5 River/stream buffers (where they exist) shall be shown on all Development Plans and site
plans submitted for review;
3.10.4.6 No development or land disturbance shall occur within river/stream buffers except as
listed in subsection (ii) under Buffer Management and Maintenance.

Buffer Management and Maintenance

3.10.4.7 River/stream buffers, including wetlands and floodplains, shall be managed to enhance
and maximize the unique value of these resources. Management includes specific
limitations on alteration of the natural conditions of these resources. The following
practices and activities are restricted within river/stream buffers, except with approval of
the local authority or relevant Government Departments:

 Clearing of existing native vegetation;

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 Soil disturbance by grading, stripping, or other practices;

 Filling or dumping, or private drainage of sump pumps;

 Drainage by ditching, under drains, or other systems;

 Use, storage, or application of pesticides, except for the spot spraying of noxious
weeds or non-native species consistent with recommendations of the relevant
Government agency.

3.10.4.8 The following structures, practices, and activities are permitted within river/stream
buffers, with specific design and/or maintenance features, subject to the approval of the
relevant Government agencies/Local Authority:

 Flood control structures;

 Utility rights-of-way and facilities;

 Biking and walking trails;

 Road crossings. Where permitted shall be generally perpendicular to the channel. An

analysis needs to be conducted to ensure that no economically feasible alternative is
available;

 Stormwater management facilities as approved by the Roads Department;

 Recreational and park uses as approved by the responsible local planning authority.

Revegetation

3.10.4.9 All disturbed areas within river/stream buffer areas; whether the disturbance was
permitted or not, shall be revegetated with perennial vegetation as soon as practical
immediately after the disturbance. Any noncompliance shall be treated as a violation of
this Development Control Code and be subject to enforcement as provided for in Article
4, Enforcement of this code.

3.10.5 FLOODPLAINS PROTECTION

Flood Prone/ Hazard Area Map Required

3.10.5.1 The relevant Government agencies including the Relevant Water Authority shall produce
and keep an up to date map of all flood prone and hazard areas in the country, while
responsible local planning authorities shall maintain same for their respective
jurisdictional areas. These shall be amended and replaced from time to time as necessary.

Permit Required

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3.10.5.2 Within a flood prone/hazard area, no building or structure shall be located, constructed,
reconstructed or altered, nor shall the use of a building be changed, unless a permit is
issued by the responsible local planning authority that all the requirements of this section
of the code have been met.

Restrictions on Development Within flood Prone Areas

3.10.5.3 Developments shall be restricted within flood prone areas and areas that are less than 0.5
meters above Base Flood Elevation;
3.10.5.4 In general, new development shall be located 0.5 meters above Base Flood Elevation
3.10.5.5 Cluster and Planned developments shall be configured such that buildings are located 0.5
meters above Based Flood Elevation
3.10.5.6 Existing buildings or uses in flood plains that do not conform to the standards of this
section regarding floodplains and floodways are non-conforming. Such uses or structures
are susceptible to flood damage which may result in substantial costs should flood
damage repaired. Therefore, elimination of non-conformity or correction of violations
shall be a priority.

Subdivision Proposals

3.10.5.7 All subdivision proposals shall be consisted with the need to minimize flood damage.
This shall necessitate that:

 All subdivision proposals shall have public utility facilities, such as sewer, electrical
and water systems located and constructed to minimize flooding.

 All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood drainage

 Base Flood Elevation data shall be provided for subdivision proposals and other
proposed development which are shown within the floodplain maps of the country
and specific areas/settlements.

 Access to buildings shall be provided by roads that are no lower than 0.5 meters
below the flood level elevation.

 All subdivision proposals shall convey storm water runoff to the nearest publicly
maintained drainage system and provide the necessary engineering and/or hydrologic
modeling to demonstrate adequacy of the receiving river or stream.

Standards for New Construction and Substantial Improvements

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3.10.5.8 New Construction and Substantial improvements within flood prone areas may be
approved if the following are demonstrated:

 That new construction and substantial improvements are to be located, if practicable,

at the highest natural grade within the flood prone area. In no event shall new
construction be located on land within natural grade that is less than 0.5 meter lower
than the base flood elevation.

 That new construction or substantial improvements are designed (or modified) and
adequately anchored to prevent floatation, collapse or lateral movement of the
structure resulting from hydrostatic loads, including effects of buoyancy buildings
and structures shall be certified by a qualified engineer to withstand velocities and
likely debris loadings given their position in the floodplain.

 That new constructions and substantial improvements are constructed by methods and
practices that minimize flood drainage

 That new construction or substantial improvements are constructed with materials

that are resistance to flood damage.

Residential Buildings

3.10.5.9 In addition to standards set out in “for New Constructions and Substantial
Improvements”, residential buildings shall be elevated so that the lowest finished floor is
at least above the base flood elevation. Access to residential buildings shall be provided
by roads that are no lower than 0.5 meter below the base flood elevation

Non-residential Buildings

3.10.5.10 In addition to standards set out in “for New Construction and Substantial Improvements”,
all non-residential buildings shall be constructed so that either:

 The lowest floor is at least 1 meter above the base flood elevation; or

 The buildings, together with attended utility and sanitary facilities, are designed to be
watertight below base flood elevation with walls that are substantially impermeable
to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Floodways

3.10.5.11 No structures shall be permitted in the floodway except according to the following
provisions:
3.10.5.12 Permitted Uses: No use or structure other than the following shall be permitted in the
floodway:

 Piers that are necessary to support bridges;

 Erosion control structures;

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 Stormwater management facilities, detention or retention areas;

 Environmental mitigation projects;

 Dams for flood control or water supply;

 Utility crossings;

 Water dependent uses.

3.10.5.13 Standards: No use or structure shall be permitted within the floodway unless compliance
with all of the following standards is demonstrated:

 It is not practical to avoid locating the particular use or structure within the floodway;

 All structures are anchored to prevent flotation, collapse, or lateral movement;

 For water dependent uses and their essential structures, the location is the best
available from an environmental standpoint and approval is granted by all agencies
having jurisdiction;

 All horizontal structural members or anything hung or supported on the structure

shall have at least a 0.6m clearance above the base flood elevation, in order to prevent
flow blockage from debris.

3.10.6 RESOURCES EXTRACTION

General Provisions

3.10.6.1 All resources extraction activities and uses shall require a special use permit and the
application for such permit shall be accompanied by a proof that all other Government
environmental laws and regulations relating to, but not limited to air pollution, noise and
water pollutions, have been met or will be met prior to any activity commencing on any
resources extraction site. All resources extraction operations shall be carried out in
accordance with all existing environmental laws and regulations in the country, including
the EIA Act of 2005, Mines Act, and Tribal Land Act.

Resources Extraction Regulations and Standards

3.10.6.2 Resources extractive uses and activities shall comply with the following standards:
3.10.6.3 An excavation and rehabilitation plan shall be required for any resources extraction
activity. Such plans shall contain the following information:

 A detailed description of the method of operation of extraction and rehabilitation to

be employed, including any necessary accessory uses such as, but not limited to,
crushers, batch plants and asphalt plants;

 An extraction plan showing the areas to be mined, location of stockpile area,

location of structures, general location of processing equipment, with accompanying
time schedules,
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 Fencing if applicable, depth of deposit, tons in the deposit, and other pertinent
information;

 A detailed rehabilitation plan showing proposed rehabilitation with time schedules

including, but not limited to, finish contours, grading, sloping, types, placement, and
amount of vegetation, after use plans, and any other proposed factors;

 A drainage report and drainage plan with consideration of natural drainage, drainage
during excavation and drainage after rehabilitation such that the proposed
excavation and rehabilitation will have no adverse effect on the natural conditions;

 A traffic analysis that reviews road and safety conditions in the pit area and in the
vicinity of the pit area -- such analysis shall also include in/out, parking and loading
areas, on site circulation, estimate of number of trucks per day on the average and
maximum number of trucks per day (ranges are acceptable);

 Additional information as may be requested by the relevant authorities, and

 Upon approval, the excavation and rehabilitation plans shall be filed with the
relevant authorities and any subsequent change in excavation and rehabilitation plan
shall be prohibited unless approved by the same authorities.

3.10.6.4 Adequate supports shall be provided to prevent caving and backsliding into an excavated
area. No excavation shall be made within 25 metres of the perimeter of the site of the
sand, gravel or other extraction operation; within 30 metres of any street right-of-way and
water courses (The watercourse setback may be varied, based on Relevant Water
Authority comments concerning site-specific factors); within 100 metres of any dwelling
unit provided, however, that if the owner of the property adjoining, abutting or adjacent to
the site of the sand, gravel or other extraction and processing operations agrees, in
writing, such excavation may be closer to such property owner’s plot boundary. Such
notarized written agreement shall be submitted with the application for a special permit.
All excavations shall be filled and the land restored, regraded and resloped as nearly as
practicable to its original condition and grade within 90 days after the date sand, gravel or
other extraction operations cease.
3.10.6.5 Prior to the commencement of sand, gravel or other extraction operations, the applicant
for the special permit shall submit to the relevant Government agency a performance
bond. For each hectare proposed to be used for sand, gravel or other extraction operations
to ensure that the land shall be restored, regraded and resloped as provided in this section
when such mining or extraction operations cease. Such performance bond shall be
refunded after reclamation activities are complete and the condition, grade, and drainage
of the land are to the satisfaction of the relevant Government agency provided, however,
that a proportionate release of such bond may be authorized by the relevant Government
agency.

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3.10.6.6 Equipment used in sand, gravel or other extraction or processing operations shall be
operated in such a manner that noise and vibration are prevented, to the extent possible,
from emanating beyond the boundaries of the site of the mining, extraction or processing
operations.
3.10.6.7 No excavation involving the use of rock crushers, asphalt plant, cement batch plant and
other similar equipment shall not take place within 200 meters of a dwelling unit. The
relevant authority may require the installation of a landscape buffer when necessary to
control dust and mitigate other adverse impacts on surrounding areas.
3.10.6.8 Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained and supplemented, if necessary, from the depth of the setback to
protect against and reduce noise, dust and erosion. The relevant planning authority shall
be authorized to require the installation of landscape buffer and fencing along roads and
watercourses when necessary to control dust and mitigate other adverse impacts.
3.10.6.9 The site operator shall take all necessary measures to prevent soil, gravel, sand and other
excavation related materials from getting into public streets or leaving the site through
drainage ways.

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4.0 PART IV: ADMINISTRATION OF LAND USE AND

DEVELOPMENTS
4.1.1 PURPOSE
4.1.1.1 The purpose of the provisions of this PART OF THE CODE is to set forth the procedures
for the filing of planning/development permission applications to the responsible local
planning authorities, and the procedures for processing and evaluating such applications,
pursuant to the granting or denial of approvals or permissions for developments. Where
there are conflicts between the provisions of this part of the code and those of Town and
Country Planning Act, those of the Act shall prevail. This part of the code further seeks to
ensure compliance to all requirements of the code by making provisions for such matters
as enforcement, violations and penalties.
4.1.2 ADMINISTRATION PROCEDURES
4.1.2.1 The responsibility for administering the Development Control Code shall lie with the
Responsible Local Planning Authorities in their respective jurisdictional areas, while the
Director, Department of Town and Regional Planning (DTRP) shall have responsibility
over such matters as interpretation of the provisions of the Code as and when the need
arises and giving guidance to the Responsible Local Planning Authorities in the
administration of the code.
4.1.2.2 With regards to administration procedures, the following shall apply:

 No permit required by this code shall be granted or application for permit processed
until the application requirements are complete. The chief physical planning officer
of the responsible local planning authority shall notify the applicant in writing of the
completeness or incompleteness of the application for a permit required by this code
within a period not later than 5 days after the receipt of the application by the chief
Physical Planning Officer. When the application is incomplete, the notice shall
inform the applicant of the specific requirements necessary to complete the
application and the application shall not be accepted by the responsible local planning
authority unless it is complete.

 The staff of the Physical Planning Department of the responsible local planning
authority in consultation with staff of other relevant Departments shall peruse and vet
all permit applications for compliance with the requirements of this code in the first
instance.

 There shall be a Physical Planning Committee for each local authority (Council and
Sub District) whose responsibility shall be to consider for approval or denial all
permit applications to the respective responsible local planning authorities. The chief
Physical Planner shall forward to the Physical Planning Committee, permit
applications accompanied by a report, giving all the planning parameters of each
permit application. The Physical Planning Committee shall consist of such number of
members being not less than five, as the authority may determine, and may delegate
to that committee any powers, duties or responsibilities conferred or imposed on a
local planning authority by this code. The following shall apply with regards to the
committee:

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The Minister responsible for Lands and Housing may appoint at least 1 member representing
different planning, development or environmental interests as he may see appropriate to the local
physical planning committee.

A member of the committee appointed by the Minister shall hold office for a period not exceeding
two years but such member shall be eligible for reappointment.

Any member of the committee so appointed may at any time resign his office by instrument in
writing, addressed to the Minister and from the date of receipt by the Minister of such instrument,
such member shall cease to be a member of the committee.

The Chairman and Vice Chairman of the committee shall be elected from those committee
members who are members of the Council. Members appointed by the Minister cannot be elected
into these offices.

The Physical Planning Department shall be the Secretariat of the committee.

The Chairman shall preside at meetings and if the Chairman is absent the Vice Chairman shall
preside.

The quorum shall be three-quarters of the members present.

The acts of the committee shall be authenticated by the signature of the Chairman or the Secretary
of the committee.

A member of the committee who is directly or indirectly interested in any matter coming before
the committee for consideration shall at the earliest opportunity, disclose the nature of his/her
interest at a meeting and such disclosure shall be recorded in the minutes of the meeting at which it
is made; and, where such interest relates to an application for permission to develop land, such
member shall after the disclosure, withdraw from any meeting while the matter is being discussed
or decided by the committee.

The Physical Planning Department shall set the agenda for all Physical Planning Committee
Meetings.

The Physical Planning Committee shall meet once every month to hear and consider the facts
presented on permit applications and determine whether to approve or deny the application. The
committee shall immediately after its meeting conveys its decisions on applications to the
applicants.

A record of the proceedings of all Physical Planning Committee meetings and its decisions on all
permit applications shall be taken and kept by the committee secretary.

Any approvals may have conditions attached that may be necessary to fully satisfy the
requirements and intents of the code and these shall be communicated to the applicant.

The granting of approval and issuance of a permit pursuant to the provisions of this PART shall
not be construed to constitute the responsible local planning authority’s conformation that the
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applicant has complied with the provisions of any other relevant and applicable legislations and
regulations. In addition to the requirements stated in this PART for the issuance of any permit, it
shall be the responsibility of the applicant to observe and comply with the requirements of all other
relevant and applicable legislations and regulations.

The Physical Planning Department shall design and make readily available to developers and
applicants all permit application forms requesting all pertinent information relevant to all permit
approval requests.

3. Application Procedures

3.1 The application procedures specified in this part of the code shall be followed by the
Physical Planning Departments in the administration of the code. As used in this PART,
“Applicant” shall include all Government Departments, Agencies or Entities who are
desirous of carrying out any developments requiring planning permissions.

3.2 All applicants shall be encouraged to hold a pre-application meeting with relevant staff of
the Physical Planning Department prior to submission of formal permit approval
application. The purpose of such pre-application meeting shall be to familiarize applicants
with the objectives of the responsible local planning authority and with the codes
applicable provisions. The pre-application meeting also allows staff of the Physical
Planning Department to at early stage assess permit applications/proposals and identify
problems or concerns or other factors that the applicants should consider in pursuing their
proposals. However, a pre-application meeting shall be mandatory prior to submitting the
following types of applications:

 Special use permits

 Subdivisions/layout plans

 Change of uses

 Waivers and variances

3.3 With regards to the submission of all permit applications the following procedures shall be
followed:

All applications shall be submitted on prescribed forms to the Physical Planning Department by
the owner, an authorised agent, or any other person having a contractual interest in the land,
building for which the permit application is being made;

All applications shall be submitted along with a fee, which shall be non-refundable, and which
shall be determined by the responsible local planning authority. Applications shall not be accepted
if they do not include the prescribed fees;

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All submitted applications shall be accompanied by a written and signed statement by the applicant
granting staff of the Physical Planning of access to view, enter, and inspect the subject land, on-site
uses or buildings for assessments pursuant to the permit approval processes.

All applications for permit approvals in respect of the certain types of applications due to either
potential impacts on the public or the environment shall be publicized through Notice by
Publication in widely circulating local newspaper in the area. Such Publications/Notices shall be at
the applicant’s expense. Such a publication shall at least 15 days but not more than 20 days to the
date of the Physical Planning Committee meeting scheduled to consider such applications. Such
applications shall include but not limited to:

 Planned Unit Development

 Heavy Industrial Uses

 Special use applications

 Change of land use zone

All notices as required by this subsection shall contain as a minimum the following:

 The type of permit application (e.g. PUD, Special Use, or change of Land Use Zone)

 A short description of the proposed action requested.

 A legal description of the piece of land, the location or address with a location sketch, and
the name of the applicant;

 Information on where full details of the application may be obtained (the responsible local
planning authority) including phone numbers.

 The general public shall be expected to make representations and comments on such
publications which shall be forwarded to the responsible local planning authority.

3.4 Permit approval applications shall contain the following as a minimum, as the responsible
local planning authority may specify additional information as it may deem necessary for
reviewing certain types permit approval request:

i. A location map showing the proposed development in relation to surrounding areas;

ii. A site plan in metric dimensions and drawn to scale of 1:200 showing:

 Property boundary lines and easements with dimension and area;

 Location, size, setbacks and dimensions of all existing and proposed buildings, structures,
improvements and utilities;

 The building elevations, sections and floor plan and site sections to clearly define the
character of the development;
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 Topographic information showing existing features and conditions as well as proposed
grading;

 Landscaping plans showing open spaces, planting trees;

 Existing streets showing access to the site, proposed roads and parking layout with
dimensions;

iii. Information on the following:

 The manner in which the proposal makes adequate provision for public services, provides
adequate control over vehicular traffic;

 The impacts, beneficial and adverse, of the proposed development to the neighborhood in
which it is established;

 Confirmation from utility organizations that sewer, water, electricity and drainage facilities
are or will be available.

4 Permits

4.1 Conditional Use Permits

Commentary: Conditional uses are allowed in specified land use zones based on the presumption
that they are generally appropriate and compatible in the specified use zones. However conditional
uses are not permitted automatically as they can only be established in some land use zones if
certain standards and conditions are met. The regulations guiding the establishment of conditional
uses in specific land use zones are therefore performance based. The purpose is to make the code
not overly restrictive and prescriptive, thus allowing for elements of flexibility. The applicant shall
demonstrate that the proposed use meets all the required standards and the responsible local
planning authority may attach conditions to the conditional use permit. Certain uses may be
permitted as principal uses in some land use zones, but shall be conditional uses in other land use
zones.

General Requirements for Granting of Conditional Use Permits

4.1.1 The responsible local planning authority may permit a conditional use if it determines that
the proposed use satisfies the following criteria and requirements:

i. The proposed use is permitted as a conditional use in the underlying land use zone and
conforms to the requirements of this section.

ii. The site is suitable for the proposed use considering size, shape, location, topography,
infrastructure and natural features.

iii. The proposed use will not alter the character of the surrounding area in a manner
substantially limiting, impairing, or precluding the use of surrounding properties for the
principal uses permitted in the underlying land use zone.

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iv. The use at its proposed location will provide a service or facility which will contribute to
the general welfare of the community-at-large or surrounding neighbourhood.

v. In addition to the general or specific standards set forth in this Article concerning the
proposed use, which shall be considered minimum requirements with respect to the permit,
additional requirements, conditions and safeguards may be added by the responsible
planning authority as required for the protection of the public interest in the specific case.

vi. In determining whether the proposed conditional use meets the requirements of this section,
the responsible planning authority where applicable, shall consider traffic flow and control;
access to and circulation within the plot; off-street parking and loading; sewerage; drainage
and flooding; refuse and service areas; utilities; screening and buffering ; signs; setbacks;
open space; plot dimensions; height; bulk and location of structures; location of all
proposed uses; hours and manner of operation; and noise, lights, dust, odor, and fumes.

vii. Conformance to use standards in the land use zone in which the conditional use is to be
located shall be required.

4.2 Temporary Use Permits

Commentary: Certain uses are temporary in character. They vary in type and degree, as
well as length of time involved. Such uses may have little impact on surrounding and
nearby properties or they may present questions involving potential incompatibility of the
temporary use with existing uses. The responsible planning authorities shall review
applications for temporary use permits on a case by case basis.

4.2.1 Activities for which Temporary Use Permits shall be required including:

i. Commercial Circuses, Carnivals or Fairs

ii. Temporary Religious or Revival Activities in tents in appropriate areas.

iii. Special Events such as Rallies.

iv. Grand Opening Outdoor Sales.

v. Outdoor Vehicle Shows or Sales.

vi. Other temporary uses similar in nature to the ones listed above, with corresponding
limitations, as determined by the responsible local planning authority.

Approval Criteria

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i. No temporary use permit shall be granted until, to the satisfaction of the responsible
planning authority, the following requirements have been met.

 No lighting or electrical service shall be provided without an electrical permit;

 No temporary use structure shall be erected without a building permit;

 No temporary use structure shall block fire lanes or pedestrian or vehicular access;

 The site of the temporary use shall be cleared of all debris at the end of the temporary use.
All temporary structures shall be cleared from the site within five days after the use is
terminated;

 Written permission of the property owner for the temporary use shall be provided;

 Adequate parking shall be provided;

 Required parking for other uses shall remain available;

 Evidence of adequate traffic control measures shall be provided;

 Evidence of adequate provisions for refuse disposal and sanitary facilities shall be
provided; and

 When appropriate, adequate provisions for crowd control shall be provided.

4.2.2 Porta Cabin for Temporary Use

After approval by the responsible planning authority, a porta cabin may be used as a
temporary office, security shelter, or shelter for materials or tools (but not for residential
purposes or sales offices) incidental to construction on or development of the premises
upon which the porta cabin is located. Such use shall be strictly limited to the time
construction or development is actively underway. In no event shall the use continue for
more than three months without the further approval of the responsible local planning
authority. The temporary use shall be approved only upon finding that actual construction
is continuing.

5. Appeals

5.1 Any applicant for permit approval who is aggrieved by the decision of the Physical
Planning Committee shall within 21 days after the date of the decision, appeal against such
decision to the Land Tribunal. The appeal shall specifically set forth all grounds for appeal.

5.2 Pursuant to the provisions of this code and the Town and Country Planning Act (as
Amended) the Land Tribunal shall consider and decide appeals against decisions of
responsible Physical Planning Committees. In carrying out its functions under this PART
of the code, the Land Tribunal may reserve or uphold, in part or in whole, or modify the
decisions of the responsible Physical Planning Committees in coming up what it considers

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to be a correct decision. The Land Tribunal shall make its decision on an appeal case based
on the provisions of this code and the information presented to it by the application and the
Chief Physical Planner.

5.3 For the purpose of considering Planning Appeals, 5 members of the Land Tribunal who
shall have legal or physical planning background shall be charged with this function. Each
appeal shall be considered and decided by at least 3 of these members.

5.4 The Land Tribunal shall consider an appeal against the decision of a Physical Planning
Committee and decide the appeal within 30 days from the date when the appeal was filed.
A decision by the Tribunal shall be the final determination.

5.5 The applicant shall present sufficient grounds for appeal and have the burden to justify a
reversal of the action being appealed.

6. Modifications to Approved Plans and Conditions of Approval

6.1 Modifications - Purpose

i. The purpose of this Chapter is to provide an efficient process for modifying land use
decisions and approved development plans, in recognition of the cost and complexity of
land development and the need to conserve resources.

6.2 Modifications - Applicability

ii. This Chapter applies to all development applications approved through the provisions of
Article 4, including:

 Development Plans/Detailed Layout Plan approvals;

 Site Design Review approvals;

 Subdivisions, Partitions, and Property Line Adjustments;

 Conditional Use Permits;

 Conditions of approval on any of the above permit types.

iii. This Chapter does not apply to Development Plan amendments, land use zone changes,
and temporary use permits, or other permits not listed in subsection 4.5.2.i above.

6.3 Major Modifications

iv. Major Modification Defined. The relevant Planning Authority shall determine that a
major modification(s) is required if one or more of the changes listed below are
proposed:

 A change in land use;

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 An increase in density by more than ten (10) percent, provided the resulting density does
not exceed that allowed by the land use zone (if applicable);

 A change in setbacks or plot coverage by more than 10 percent, provided the resulting
setback or plot coverage does not exceed that allowed by the land use zone;

 A change in the type and/or location of access-ways, drives or parking areas affecting
off-site traffic;

 An increase in the floor area proposed for non-residential use by more than 15 percent
where previously specified;

 A reduction of more than 10 percent of the area reserved for common open space; or

 Change to a condition of approval, or a change similar to items 1-6, that could have a
detrimental impact on adjoining properties. The Planning Authority shall have discretion
in determining detrimental impacts warranting a major modification.

v. Major Modification Applications; Approval Criteria. An applicant may request a major

modification using, as follows:

 Upon the Planning Authority determining that the proposed modification is a major
modification, the applicant shall submit an application form, filing fee and narrative, and
a site plan using the same plan format as in the original approval. The Planning
Authority may require other relevant information, as necessary, to evaluate the request.

 The application shall be subject to the same review procedure as stipulated in chapter
4.2.

 The scope of review shall be limited to the modification request. For example, a request
to modify a parking lot shall require site design review only for the proposed parking lot
and any changes to associated access, circulation, pathways, lighting, trees, and
landscaping. Notice shall be provided in accordance with Chapter 4.2.

 The relevant Authority shall approve, deny, or approve with conditions an application
for major modification based on written findings on the criteria.

6.4 Minor Modifications

i. Minor Modification. Any modification to a land use decision or approved development plan
that is not within the description of a major modification as provided in Section 4.5.3, above.

ii. Minor Modification Review Procedure: An application for approval of a minor modification
shall be reviewed by the Relevant Authority who is responsible for determining the appropriate
review procedure based on the following criteria:

 Minor modifications that involve only clear and objective code standards may be reviewed
using a Type I procedure;

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 Minor modifications that involve one or more discretionary standards; and

iii. Minor Modification Approval Criteria. The Relevant Authority shall approve, deny, or approve
with conditions an application for minor modification based on written findings that the
modification is in compliance with all applicable requirements of the Development Code and
conditions of approval on the original decision, and the modification is not a major
modification as described in Section 4.5.3, above.

7 Exceptions to Code Standards – Waivers, Variances and Non- Conforming Uses And
Standards

7.1 The purpose of providing for waivers and variances is to enable the responsible local
planning authorities to grant relief when practical difficulties and particular hardships
inconsistent with the general purpose of this code will result through the strict enforcement
of the provisions of this code. Waivers and variances to the provisions of this code shall
only be granted which are, in the judgement of responsible local planning authority, in
harmony with the general purposes and intent of this code and which meet the requirements
as set forth in this section.

7.2 Provisions are made for two types of waivers and variances as follows:

Minor Waivers and Variances – The shall be variations from setbacks on irregular plots,
setbacks on plots on a curve, and building and wall heights provisions that are less than
20% of the required standards. Authority to grant or deny minor waivers shall be exercised
by the responsible local planning authority.

Major Waivers and Variances – All waivers and variances allowed by this code which
are not minor shall be considered major waivers and variances. Authority to grant or deny
minor variations shall be exercised by the responsible Physical Planning Committee.

7.3 No variations from this development code shall be granted unless responsible local
planning authority or the Land Tribunal granting such variation shall make findings of
practical difficulties or particular hardship based upon the evidence presented to them in
each specific case with respect to one or more of the following:

i. Because of the particular physical surroundings, shape, or topographical conditions of

the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience if the strict letter of the regulations were to be
carried out;

ii. The property in question cannot yield a reasonable economic return if permitted to be
used only under the conditions allowed by the regulations governing the Land use zone in
which it is located;

iii. The conditions upon which an application for a variation is based are unique to the
property for which the variance is sought, and are not applicable, generally, to other
property within the same zoning classification;

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iv. The purpose of the variation is not based primarily upon a desire to increase
financial gain;

v. The practical difficulty or hardship is caused by this development code and has not
been created by any persons presently having an interest in the property;

vi. The granting of the variation will not be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the
property is located;

vii. The granting of the variation will not alter the essential character of the
neighborhood or locality;

viii. The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the danger of fire, or impair natural
drainage or create drainage problems on adjacent properties, or endanger the public
safety, or substantially diminish or impair property values within the neighborhood;

ix. The proposed variation is the minimum variation necessary to provide relief from
the practical difficulty or particular hardship; and

x. The proposed variation is consistent with the adopted plans of the respective
settlements and the provisions of other relevant and applicable codes and
regulations in the country.

Non – Conforming Uses

7.4 The standards for non-conforming uses and development are intended to provide some
relief from code requirements for uses and developments that were established prior to the
effective date of this Code and do not comply with current standards.

7.5 Where at the time of adoption of this Code a use of land exists which would not be
permitted by the regulations imposed by this Code and was lawful at the time it was
established, the use may be continued as long as it remains otherwise lawful, provided:

i. Expansion Prohibited: No such nonconforming use is enlarged, increased or extended to

occupy a greater area of land or space than was occupied at the effective date of adoption
or amendment of this Code. No additional structure, building or sign shall be constructed
on the lot in connection with such nonconforming use of land;

ii. Location: No such nonconforming use shall be moved in whole or in part to any portion
of the lot other than that occupied by such use at the effective date of adoption or
amendment of this Code;

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iii. Discontinuation or Abandonment: The nonconforming use of land is not discontinued
for any reason for a period of more than [6-12] months. For purposes of calculating the [6-
12]-month period, a use is discontinued or abandoned upon the occurrence of the first of
any of the following events:

 On the date when the use of land is physically vacated;

 On the date the use ceases to be actively involved in the sale of merchandise or the
provision of services;

 On the date of termination of any lease or contract under which the nonconforming use has
occupied the land; or

 On the date a request for final reading of water and power meters is made to the applicable
utility districts.

iv. Application of Code Criteria and Standards: If the use is discontinued or abandoned for
any reason for a period of more than [6-12] months, any subsequent use of land shall
conform to the applicable standards and criteria specified by this Code for the land use
zone in which such land is located.

Where a development exists at the effective date of adoption or amendment of this Code that could
not be built under the terms of this Code by reason of restrictions on lot area, lot coverage, height,
yard, equipment, access, parking, landscaping, its location on the lot or other requirements
concerning the development; and the development was lawful when constructed, the development
may remain on the site so long as it remains otherwise lawful, subject to the following provisions:

Alterations: No such nonconforming development may be enlarged or altered in a way that

increases its nonconformity, but any development or portion thereof may be enlarged or altered in
a way that satisfies the current requirements of this Code or will decrease its nonconformity;

Destruction: Should such nonconforming development or nonconforming portion of development

be destroyed by any means to an extent more than [50] percent of its current value as assessed by
the [name] County Assessor, it shall be reconstructed only in conformity with this Code;

Roadway Access: The owner of a non-conforming access connection (i.e., street or highway
access) may be required to bring the non-conforming access into conformance with this Code and
other applicable standards as a condition of the City or other roadway authority approving a new
access connection permit, or a change in land use.

Relocation or Removal: Should such development be moved for any reason and by any distance,
it shall thereafter conform to the regulations of this Code.

8. Enforcement

8.1 The provisions of this code shall be enforced by the responsible local planning authorities
and more specifically by designated officers within their Physical Planning Departments.

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Where the provisions of this chapter conflicts with those of the Town and Planning Act,
those of the Act shall prevail.

Enforcement Powers

8.2 The responsible local planning authority may enforce the provisions of this code by:

Withholding Permits – The responsible local planning authority may deny or withhold all
permits, approvals or other forms of authorization on any land, building or structure, or
development for which there is an uncorrected violation of a section of the code or of a
condition of a permit or approval previously granted by the responsible local planning
authority.

Suspension of Permits and Approvals – The responsible local planning authority may
suspend permits including special use permits, for a period of up to 60 days to allow for the
correction of the violation.

Stopping Work – With or without revoking permits or approvals the responsible local
planning authority may stop work on any building or structure on any land on which there
is a detected violation or uncorrected violation of a section of this code or of a permit or
approval issued pursuant to this code;

Injunctive Relief – The responsible local planning authority may seek an injunction or
other relief in court to stop any violation of this code or of a permit or approval granted
under the provisions of this code. Such relief may include revocation or termination of
permits;

Abatement – The responsible local planning authority may seek a court order in the nature
of abatement or other action to abate or remove a violation or to otherwise restore the
premises in question to the condition in which they existed prior to the violation;

Civil Remedies – The responsible local planning authority shall have the right to institute
any appropriate civil action to enforce, prevent, restrain correct or abate any violation of
this code. All court costs and attorney’s fees incurred by the local planning authority in
connection with any civil action shall be awarded in favour of the authority if it wins the
case;

Criminal Remedies – Any person who violates any section of this code shall be guilty,
upon conviction, of a separate offence for each day the violation continues, which shall be
punishable by a fine not to exceed P______ for each offence.

8.3 The staff of the responsible local planning authority shall have the powers to enter any
land, building or structure at any time to determine if the property or use complies with the
provisions of this code. Should the owner or occupant deny such entry, the responsible
local planning authority may seek relief from the court to permit such entry.

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Enforcement Procedure

8.4 If at any time the responsible local planning authority determines that any person or entity
is violating any provision of this code or any permit/approval issued pursuant to the code,
the responsible planning shall the person or entity with notice of violation/ enforcement
notice and an order pursuant to this section of the code. Such a notice and order shall be
delivered by hand to be duly signed for by whosoever receives it on the premises or it shall
be conspicuously posted at the premises.

8.5 The notice shall contain at least the following information:

i. Date of the notice

ii. The name and address of the person or entity served with the notice;

iii. The article and Section number of the code or the permit or approval number which has
been violated;

iv. The nature of the violation; and

v. The location and period of the violation.

8.6 The order accompanying the notice shall require the person or entity to do any or all of the
following:

i. Cease and desist from the violation;

ii. Correct the violation at the person’s only expense before a date specified in the order;

iii.Pay a civil fine as shall be determined and reviewed by the responsible planning authority
from time to time.

iv.Pay a civil fine as well as be determined and reviewed by the responsible planning
authority from time to time.

8.7 The order shall advise the person or the entity that the order shall become final in 30 days
after the date it was served, and the notice and order may be appealed to the Land Tribunal
before the expiry of the 30 days.

8.8 Any person may file a written and signed complaint with the responsible local planning
authority, alleging a violation of this code. Such complain shall state the factual basis for
the alleged violation, together with the complainant’s name, address, and telephone
number. The responsible local planning authority shall upon receipt of such a complaint,
immediately carry out an investigation to find out as a matter of fact whether a violation of
this code has occurred.

8.9 Upon investigation arising out of a complaint, and conformation that indeed a violation of
the code has occurred, the responsible local planning authority shall issue a Notice of

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Violation/Enforcement Notice to the owner of the property on which a violation of this
code exists. This shall be in accordance with the Enforcement procedure set forth in section
6.4 through 6.7

9. Violations and Penalties

Compliance Required

9.1 No person or entity shall use, occupy, or develop land, buildings, or other structures or
authorise or permit the use, occupancy or development of land, buildings or other structures
except in accordance with all applicable provisions of this code. For purposes of this
section, the “Use” or “Occupancy” of a building or land relates to anything and everything
that is done to, on, or in that building or land.

Violations

9.2 The owner of any building or land, or part thereof, who allows the said building or land to
be used or occupied, contrary to all applicable provisions of this code shall be in violation
of this code. Any architect, builder, contractor, agent or any other person employed in
connection therewith, who may have assisted or contributed to the commission of any such
violation, shall each equally be deemed guilty of a violation of this code.

Penalties

9.3 The respective responsible local planning authorities shall have the discretion to set
minimum and maximum penalties for violations of specific provisions of this code in
relation to various types of developments and uses, in their particular jurisdictional areas.
(Contradicts by Part VI and Part VII- align with TCPA).

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APPENDIX 1: AREA SPECIFIC REGULATORY TOOLS FOR THE

IMPLEMENTATION OF DEVELOPMENT PLANS.

1. INTRODUCTION

1.1 There is much need for standardization in the manner in which Development plans are
prepared in terms of contents with regards to their roles as development regulatory and
control tools. Development Plans are inevitably becoming more complex as the planning
system attempts to address a wider range of land use, economic development, natural
resources and environmental protection, heritage, commercial, and agricultural land
protection issues. It is therefore important to introduce tools, procedures and techniques
that will ensure that Development Plans remain as clear and implementable as possible. In
this regard, urban design principles and in particular local land use zoning regulations,
policies, and standards, are seen as key tools for effective plan implementation and an
important feature of many development assessment decisions. Currently many, if not all of
the Approved Development Plans in the country do not contain any of the abovementioned
regulations, policies, principles and standards.

1.2 The recommendation is for respective settlement Development Plans to have their Land
Use Zoning and Land Use Activities regulations that address settlement specific
peculiarities based on the regulatory framework provided by this code. These regulations
should be seen more or less as Land Use Ordinances for respective settlements, dealing
with their peculiar circumstances, issues and needs. It is therefore further recommended
that when Development Plans are prepared, these area specific regulations and
implementation tools should form integral parts of the Development Plans.

2. LAND USE ZONING AND USE REGULATIONS

2.1 A Land Use Zoning and Land Use Activity Regulations shall be included as a mandatory
requirement of settlement Local Development Plans in order to improve their
Implementability;

These Land Use Zoning and Land Use Activities Regulations shall as a minimum regulate
the following:

i. Geographic area over which the plan shall exercise jurisdiction

ii. Types and classes of designated land use zones;

iii. Density, intensity, and scale of development and land use, including minimum and
maximum densities and intensities;

iv. Plot coverage percentage, height, number of stories, floor area ratio and size of
buildings and other structures;

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v. Placement of buildings and other structures on plots of land, including but not
limited to maximum or minimum setbacks from the borders of plots and provisions
for private open spaces, and, or other open space;

vi. Access of plots of land to adequate streets, roads, including but not limited to walk
ways dedicated to use by pedestrians and/or bicycles and similar conveyances, and
to adequate public utilities.

vii. Provision of parking facilities for vehicles and parking and storage facilities for
bicycles or similar conveyances;

viii. Buffering, landscaping, and screening of development and land use;

ix. Development and land use that may affect:

 Access to views and scenic resources, and solar energy;

 Drainage and storm water runoff,

 Soil erosion or sedimentation;

 Affect the quality of air, water, and groundwater;

 Critical and sensitive areas, or natural hazards areas, including floodplains.

 Any other elements that may be peculiar to the particular settlement.

2.2 In addition to the conventional content and format of Development Plan, they shall include
these regulations which shall consists of the regulatory text, together with all charts, tables,
graphs, and other explanatory matter, and the land use zoning map with any explanatory
matter shown thereon. Land Use Zoning and Use Regulations of an Approved development
Plan shall include the following minimum provisions.

2.3 The settlement specific Regulations shall be attuned to cultural preferences, levels of
development and economic status amongst others. Where there are conflicts between the
provisions of such settlements specific regulations as contained in their Development
Plans, and those of this code, those of the Settlements Development Plans shall prevail.

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 References
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REFERENCES

Cape Land Use Planning Ordinance No 15 Of 1985, Western Cape, 1986

Zoning Code of Sacramento County, USA, 2003

A New Generation of Development Plans For South Africa, Department Of Transport And Urban
Planning, 2002

Charleston, Illinois Unified Development Code, 2003

Local Development Frameworks: Guide To Procedures And Code Of Practice, The Royal Town
Planning Institute, UK, 2004

Local Development Frameworks: Lessons Learnt Examining Development Plan Documents; The
Planning Inspectorate, 2007

Urban Design Guide: Supplementary Planning Document, Regulation 17 Draft, Torbay Council,
2006

Development Control Charter, Planning and Building Control Liverpool City Council, 200

City of Austin Neighborhood Planning : Guide to Land Use Standards, 2008

Land Use Code Of The City Of Tucson, 1995

Heart of Peoria Land Development Code, 2006, Public Review Draft

Mixed Use Development In Town Centers North Shore City Council, 2005

Model Ordinances for Sustainable Development, Minnesota Planning Environmental Quality

Board, 2000

Holroyd Development Control Plan 2007, Holroyd City Council, 2007

The City Of “Edinburg Unified Development Code.", 2007

Adequate Public Facilities Ordinance, City Of Brunswick, Maryland 2006

Form-Based Code Study - Grand Valley Area Of Michigan, Grand Valley Metro Council, 2004

Canterbury City Council, Development Control Plan No 17, 1995

Village of Lake Zurich Form Based Code, Il, 2008

Development Standards for Building Envelope Lots, City Of Mesa, 2006

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 References
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Breakfast Point Development Control Plan, August 2005 Version No.2

Town Of Castle Rock, Co - Form Based Code Summary, 2008

Growing Smart, Legislative Guidebook, 2002 Edition, Apa

Model Development Code & User’s Guide for Small Cities, 2nd Edition

Oregon Transportation and Growth Management Programme, 2005

Managing Maryland’s Growth, The “Smart Growth” Areas Act Of 1997,

Maryland Department of Planning

Models and Guidelines for Infill Development, Maryland Department Of Planning, 2001

Innovative Land Use Planning Techniques: A Handbook for Sustainable Development, 2007,
Prepared As Part of The Regional Environmental Planning Program By The New Hampshire
Department Of Environmental Services,

A Model Ordinance for a Conservation Subdivision, University of Wisconsin, 2001

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