Property Use

SUMMARY OF LAND USE RULES

BUSINESS ZONINGS

B1 GENERAL BUSINESS (no limitations)

    • No limitations on type of business
    • Examples of properties in village with this zoning : Caffe Verdi, Erawan , Parbhoo, InFinArt

B1 GENERAL BUSINESS (with limitations imposed at time zoning granted)

  • Generally only granted when there was prior “non-conforming use” or when new premises built which are specifically commercial in design
  • Limitations are imposed when zoning is granted, eg restrictions on type of business, may require residential component
  • Imposed conditions vary from case to case
  • Examples in village: Chelsea Travel, Block & Chisel building, 45 Wolfe Street, front portion of Reto Kitchen property

FORMS OF PERMITTED BUSINESS USAGE WITHIN RESIDENTIAL ZONINGS

NON-CONFORMING USE

  • Applies to historical business use which predated zoning scheme of 1957
  • Allows for continuation of specific business use of a property which is zoned residential
  • Rights are lost if there is a break in use of more than 6 months or if there is a change in type of business
  • Entire property may be used for business
  • Examples in village: Mavromac, Wolfe Street Fabrics

 

TEMPORARY DEPARTURES

  • Granted as deviation from residential zoning, done by application
  • Granted for 5 year period, when it lapses and must be reapplied for
  • Limited to specific use for which departure applied for
  • May apply to part or all of property
  • Property must remain a residence structurally
  • May lapse if owner sells, depending on departure conditions
  • Residential component not always required – varies on case by case basis
  • If residential component required, need not be by owner of property or business
  • May employ up to 5 or 6 people

 

HOME INDUSTRY

  • Two categories – automatically qualifying occupations, and all other activities
  • Automatically qualifying occupations: profession, art, tailor, dressmaker, knitter, homebaker, confectioner, typist, computer operator, photographer, manicurist, chiropractor, chiropodist, masseur, hairdresser, barber, beautician, shoemaker, bookbinder, photocopier, signwriter, upholsterer, curtain maker, duplicator, engraver, etcher, leatherworker, milliner, silkscreener, caneworker, potter
  • Other standard requirements:
    • property must be occupied by the person who owns the business
    • no more than 2 employees
    • no limit on area of business but remainder must be a functional residential property
    • signage limited in size to 0,2 m2 and may only refer to name and occupation
  • If qualifying occupation and comply with other requirements then no consent required; in all other cases must apply for permission
  • Council has the right to stop home industry use if business is to detriment of residential environment or a nuisance

 

Olden & Associates Town Planners

021 762 4080