Q:I would like to operate a business out of my home in Noordhoek. Please advise on the restrictions and considerations I need to fulfill ?
A:
EXTRACT FROM City of Cape Town Zoning Scheme November 2012
CHAPTER 5: SINGLE RESIDENTIAL ZONES
The single residential zones are designed to provide locations for predominantly single-family dwelling houses in low- to medium-density neighbourhoods, with a safe and pleasant living environment. There are controlled opportunities for home employment, additional dwellings and low intensity mixed-use development on a single residential property. In recognition of the different socio-economic circumstances of the city there are two single residential zones, one for conventional housing and one for incremental housing (where upgrading of informal settlements is encouraged).
5.1 SINGLE RESIDENTIAL ZONE 1: CONVENTIONAL HOUSING (SR1)
Purpose
The SR1 zone provides for predominantly single-family dwelling houses and additional use rights in low- to medium-density residential neighbourhoods, whether these incorporate small or large erven. Limited employment and additional accommodation opportunities are possible as primary or consent uses, provided that the impacts of such uses do not adversely affect the surrounding residential environment.
Use of the property
5.1.1 The following use restrictions apply to properties in this zone:
(a) Primary uses are dwelling house, private road and additional use rights as specified in subsection (b).
(b) Additional use rights which may be exercised by the occupant of a property are home occupation, bed and breakfast establishment and home child care, subject to the following conditions:
(i) Only one of the activities listed as additional use rights shall be conducted on any land unit as a primary use. Where more than one such activity is required, Council’s approval shall be obtained;
(ii) The dominant use of the property shall be a dwelling house for accommodation of a single family;
(iii) The proprietor of the activity concerned shall live on the property;
(iv) The conditions stipulated in section 5.1.3, 5.1.4, or 5.1.5 (whichever is applicable) shall be adhered to;
(v) Any new structure or alteration to the property to accommodate an additional use right shall be compatible with the residential character of the area, particularly with regard to the streetscape, and shall be capable of reverting to use as part of the dwelling house, second dwelling or outbuilding concerned; and
(vi) No more than three employees shall be engaged by the occupant in the activity concerned.
(c) Consent uses are utility service, place of instruction, place of worship, house shop, institution, guest house, rooftop base telecommunication station, wind turbine infrastructure, open space, urban agriculture, second dwelling and halfway house.
Home occupation
5.1.3 In addition to subsection 5.1.1(b), the following conditions shall apply where a portion of property is used for purposes of home occupation:
(a) No home occupation shall include a noxious trade, risk activity, adult entertainment business, adult services, adult shop, sale of alcoholic beverages, motor repair garage, funeral parlour or activities that are likely to generate a public nuisance, including but not limited to panel beating and spray painting, auto electrician, builders yard, welding works, joinery;
(b) Only goods which have been produced or assembled in the home occupation may be sold from the property;
(c) No goods for sale shall be publicly displayed and no external evidence of the home occupation shall be visible from a public street, except for an advertising sign in accordance with subsection (d);
(d) No advertising sign shall be displayed other than a single, un-illuminated sign or notice not projecting over a public street in accordance with Council’s Outdoor Advertising and Signage by-law, and such sign shall not exceed 0,2 m² in area;
(e) No activities shall be carried out which constitute or are likely to constitute a source of public nuisance, or generate waste material which may be harmful to the area or which requires special waste removal processes;
(f) Off-street parking shall be provided at a ratio of 1 parking bay per 25 m² area used for home occupation unless Council’s approval is obtained to waive this requirement. Council may at any stage require additional on-site parking where parking is not sufficient;
(g) The total area used for all home occupation activity on a land unit, including storage, shall not consist of more than 25% of the total floor space of the dwelling units on the land unit or 50 m², whichever is the lesser area;
(h) The storage of all goods and equipment connected with the home occupation shall be inside a building or screened from neighbours and the public street;
(i) Not more than two vehicles may be used in connection with a home occupation, and no one vehicle shall exceed 3 500 kg gross weight;
(j) The hours of operation shall not extend beyond 08:00 to 17:30 on Mondays to Fridays, and from 08:00 to 13:00 on Saturdays, and shall not include public holidays or Sundays; and
(k) Council may, at any stage, call for a cessation of the home occupation activity or impose conditions in order to minimise any potential nuisance to surrounding neighbours or the general public.
Bed and breakfast establishment
5.1.4 In addition to subsection 5.1.1(b), the following conditions shall apply where a portion of property is used as a bed and breakfast establishment, or where rooms are let to lodgers:
(a) No more than 3 rooms per land unit shall be used for bedroom accommodation for paying guests or lodgers, and no more than 6 paying guests or lodgers shall be supplied with lodging or meals at any time;
(b) No alcoholic beverages shall be sold except to resident guests for consumption on the premises with meals;
(c) Guest rooms shall not be converted to, or used as, separate self-catering dwelling units;
(d) Meals may only be supplied to guests or lodgers who have lodging on the property, employees, and the family residing in the dwelling;
(e) No advertising sign shall be displayed other than a single un-illuminated sign or notice not projecting over a public street in accordance with Council’s Outdoor Advertising and Signage by-law, and such sign shall not exceed 0,5 m² in area;
(f) Weddings, receptions, conferences, training or any similar activities are not permitted from a bed and breakfast establishment;
(g) No activities shall be carried out which constitute, or are likely to constitute, a source of public nuisance; and
(h) On-site parking shall be provided in accordance with the provisions of Chapter 19, provided that Council may at any stage require additional on-site parking if, in its opinion, the parking is not sufficient.
Home child care
5.1.5 In addition to subsection 5.1.1(b), the following conditions shall apply where a portion of property is used for home child care:
(a) No more than 6 children shall be enrolled at the home child care facility at any time;
(b) Services shall be primarily day care or educational and not medical;
(c) Services shall not operate outside the hours of 07:00 to 18:00 on Mondays to Fridays, and from 08:00 to 13:00 on Saturdays, and shall not include public holidays or Sundays;
(d) Indoor and outdoor play space shall be provided in accordance with any health requirement or a policy plan as might be approved by Council from time to time, and outdoor play space shall be fenced off from any public street;
(e) No advertising sign shall be displayed, other than a single un-illuminated sign or notice in accordance with Council’s Outdoor Advertising and Signage by-law, not projecting over a public street, and such sign shall not exceed 0,5 m² in area; and
(f) At least one off-street parking bay shall be provided, plus one additional parking bay which is suitable for the use of parents to drop off or collect their children, unless Council’s approval is obtained to waive this requirement. Council may at any stage require additional on-site parking where parking is not sufficient
