(1) In the General Business (Central Area) zone the total floor area of all buildings on a site shall not be greater than that calculated in accordance with a plot area ratio of 8,0 to 1; provided that:
(a) such total floor area shall not be greater than that calculated in accordance with a plot area ratio of 3,0 to 1 in the area:
(i) west of the railway line and north and east of the line of Epsom Road from Mitchell Road to Lorne Street, Umgeni Road from Lorne Street to Old Fort Road and Old Fort Road from Umgeni Road eastwards to the railway line; 05/03/1974
(ii) bounded by Berea Road, Lancers Road, Richards Road and Warwick Avenue;
(iii) bounded by Berea Road, Umbilo Road and Moore Road; 24/04/1997
(b) (i) the total floor area of all buildings or parts of buildings on a site in such zone designed or intended for use as residential buildings other than licensed hotels shall not be greater than that calculated in accordance with a plot area ratio of 4,0 to 1 in the area east of Aliwal Street and south of a line drawn parallel to Smith Street and 45,72 metres south thereof and in the area bounded by Carlisle Street, Epsom Road, Derby Street, Dartnell Crescent and Cross Street or 2,0 to 1 if situated in the area west of Aliwal Street and north of a line drawn parallel to Smith Street and 45,72 metres south thereof; 20/07/1987
(ii) subject to the provisions of paragraph (a) hereof, there shall be no limitation upon the amount of residential accommodation in the areas referred to in paragraphs (a) (ii) and (iii) hereof;
(iii) no residential accommodation other than a single caretaker's flat shall be permitted in any buildings erected in such a zone on a site in the area west of the railway line and north of Epsom Road provided that where the Council is satisfied that the residence on the premises of any person or persons is necessary for the effective running of any individual business conducted on such premises, it may authorise the provision of residential accommodation for such person or persons. 27/09/1976
(2) (a) In a General Shopping use zone and a General Business 2 zone no building shall have a floor area greater than that calculated in accordance with the plot area ratio of 1,5 to 1 or, in the CDPP and Point Lanes are as or in the zone situated on Gillespie Street between Beattie Place and Blenheim Place, 5,3 to 1; provided that in the Point Lanes area the total floor area of all buildings or parts of buildings on a site in such zone designed or intended for use for business purposes shall not be greater than that calculated in accordance with a plot area ratio of 1,0 to 1,0. 24/10/1983
(b) Excluding all portions of such building designed for the parking, loading and off-loading of vehicles, the floor area of the part of a building in a Minor Shopping or Special Shopping use zone used for residential purposes shall not exceed that used for business purposes.18/04/1977
(c) Notwithstanding the provisions of sub-clause (7)(a)(ii) and (iii) hereof no building in a Minor Shopping zone 18/04/1977
shall have a total floor area exceeding 400 square metres.17/03/1980
16/09/1991
(d) In a General Business 4 zone no building shall have a floor area greater than that calculated in accordance with a plot area ratio of 1,5 to 1.18/09/1995
(3) In a Cultural and Entertainment zone other than in the CDPP or Point Lanes areas and in an Educational 2 and Institutional 2 zone, no building shall have a floor area greater than that calculated in accordance with a plot area ratio of 1,5 to 1, whilst in a Cultural and Entertainment zone in the CDPP and in the Point Lanes area and in an Educational 3 zone and in respect of the site reserved for Government or Municipal purposes situated on Sea View Street, no building shall have a floor area greater than that calculated in accordance with a plot area ratio of 5,3 to 1. 20/07/1987
(4) In a General Residential zone no building shall have a floor area greater than that calculated in accordance 27/09/1976
with the relevant plot area ratio specified in Table D and no block of flats shall have a greater number of dwelling units than the number of dwelling units specified in (9) hereof; provided that:20/07/1987
(i) in respect of subdivisions zoned General Residential and indicated by the symbols (-A-), (-B-), (-C-), (-D-) or (-E-) on the map and situated to the east of Prospect Hall Road the maximum permissible floor area shall be calculated on a plot area ratio of 1,0; 25/10/1976
(ii) Deleted 14/06/1996
(iii) the floor area shall in any event not exceed:
(aa) 10 000 square metres on a site in a General Residential 1 or General Residential 2 zone; or
(bb) 15 000 square metres on a site in a General Residential 3 zone; or
(cc) 20 000 square metres on a site in a General Residential 4 zone,
without the special consent of the Council which consent shall in particular not be granted unless:
(a) no detrimental effect upon the amenities of the area will be caused thereby; and
(b) adequate provision to the satisfaction of the Council is made for the horticultural and recreational development of the site for the benefit or use of residents; and
(c) adequate provision to the satisfaction of the Council is made for indoor facilities, available to all residents, for active and passive recreation, for the care of children and for laundry and washing facilities;
(iv) in a General Residential 5 zone the total floor area of all buildings on a site shall not be greater than that calculated in accordance with a plot area ratio of 5,3 to 1; provided that no building in such zone upon any land within 45,72 metres of the Victoria Embankment, Erskine Terrace, Marine Parade or Snell Parade or in the area south of Bell Street shall have a floor area greater than that calculated in accordance with the plot area ratio of 7,0 to 1 and where portions of a site are subject to different maximum plot area ratios, the total floor area of a building or part of a building erected on any such portion may exceed the total floor area permitted in respect of that portion provided that the total floor area of the building or buildings erected on the whole site does not exceed the sum of the total permissible floor areas in respect of the several portions;
(v) in the General Residential 2 zone situated between Mitchell Road and First Avenue no building on any site shall have a floor area greater than that calculated in accordance with a plot area ratio of 1,2 to 1;06/02/1978
TABLE D
Plot Area Ratio |
General Residential 1 Use Zone |
General Residential 2 Use Zone |
General Residential 3 Use Zone |
General Residential 4 Use Zone |
1,0 |
1,0 |
1,3 |
1,6 |
(5) In a Duplex use zone no building shall have a floor area greater than that calculated in accordance with a plot area 20/07/1987
ratio of 0,80 and the number of dwelling units on any site shall not exceed 1 for every 400 square metres of site area.14/06/1996
(6) Deleted.22/04/1974
13/12/1974
05/06/1978
01/08/1983
01/07/1985
20/07/1987
08/12/1989
(7) (a) For the purpose of calculating the total permissible floor area 04/07/1983
in terms of this clause :- 01/07/1985
(i) all wall thicknesses, corridors, balconies, verandahs and staircases shall be included; 17/10/1977
(ii) any portion of the building which is below first floor level and which is shown on the plan as designed or intended as a covered area for the deposit of daily refuse shall not be taken into account; 01/07/1985
(iii) subject to the provisions of paragraphs (b) and (c) hereof and except in the case of building in Special Zones 6, 9, l9 and 20, any portion of a building which in terms of Clause l2 is shown on the plan for the garaging of vehicles, excluding, however, the additional parking spaces required in terms of Clause 1(a) of Special Zone l0, shall not be taken into account; 27/09/1976
(iv) Deleted.18/04/1977
08/12/1989
18/07/1994
(v) an uncovered swimming pool situated entirely in the open and a lift motor room, an electricity transformer and meter room, and a mechanical ventilation and air-conditioning plant room shall not be taken into account;
(vi) Deleted.24/02/1998
(vii) Deleted.07/04/1975
16/09/1991
18/07/1994
(viii) where the zone boundaries do not conform with the boundaries of the site, the City Engineer shall only have regard to that portion of the site which is zoned for the use in respect of which the floor area is to be calculated; 07/04/1975
(ix) the floor area of all outbuildings shall be taken into account; 07/04/1975
(x) where the conveniences for use by the public are provided within a shopping complex, either as a separate building or as part of a building where access thereto is from a shopping mall, arcade or the like or from a parking area or other open area accessible to the public, then the floor area of such conveniences shall not be taken into account when calculating the total permissible floor area. 07/04/1975
(b) Except as provided in paragraph (c) hereof, where the portion of a building which is shown for the purpose of garaging vehicles exceeds by more than 50% the minimum requirements for the parking of vehicles as prescribed by clause 12, the City Engineer may require such excess or any portion thereof to be taken into account in calculating the permissible floor area.
(c) (i) In the General Business (Central Area) zone, except as specified in Appendix 6 hereof, an amount representing not more than 20% of the total permissible floor area shall not be taken into account where such amount is intended to be used for the parking of motor vehicles.13/04/1987
(ii) In the portions of the General Residential 5 zone situated along the Victoria Embankment between Stanger and Gardiner Streets and between Field Street and Parry Road, where offices are erected, an amount representing not more than 20% of the total floor area used for such purposes shall not be taken into account where such amount is intended to be used for the parking of motor vehicles.
(d) In that portion of the General Residential 5 zone referred to in Clause 6(24), the floor area of any building designed or intended to be used for the parking of motor vehicles up to a maximum amount representing 20% of the floor area of that portion of the building designed or intended to be used for commercial purposes (excluding such part) shall not be taken into account.
(e) For the purposes of paragraph (a) hereof "first floor" shall mean that storey of the building immediately above the ground floor storey.
(f) For the purpose of calculating the total permissible floor area of a building, the total area of the subdivision shall exclude the area of any existing street and any area reserved for new street purposes in terms of Clauses 3 and 5; provided that the Council may, in its absolute discretion and on such conditions as it deems fit, permit the whole or any portion of such reserved area to be taken into account and the exercise of the rights conferred by any such permission shall not be affected by the subsequent vesting in the Council of the rights in or to such reserved area either by transfer or by any other means.
(8) Notwithstanding the provisions of sub-clause (4) hereof or any other provisions of this Scheme relating to floor area the Council may, other than on a site in a General Residential 5 or General Business (Central Area) zone or in the Point Lanes area and if it deems fit, permit extensions or alterations to any building, the use of which accords with the provisions of this Scheme and which was erected, altered or extended in conformity with plans approved by the Council before the material date, subject to the following conditions:- 02/12/1974
(a) The total amount of all extensions or alterations approved on or after the said date shall not be greater than 5% of the total floor area of buildings erected on the site in accordance with plans approved by the Council before the said date.
(b) In any case in which a building, if extended or altered by an amount of 5% of the total floor area of 01/07/1985
buildings on the site as aforesaid, would not exceed the floor area permitted for such building in Table D or by any other provisions of the Scheme relating to floor area, it may be extended or altered up to such floor area. 08/12/1989
(c) No such authority shall be granted if the extension or alteration proposed will result or will be likely to result in the creation of any additional dwelling unit or separate unit of accommodation.
(9) In a General Residential use zone other than General Residential 5 the maximum number of dwelling units permissible on the site shall be determined by dividing the permissible floor area (calculated in square metres in accordance with (4) hereof) by:-
(i) Ninety in the case of sites in General Residential 1 and General Residential 4 use zones; or
(ii) Fifty-five in the case of sites in General Residential 2 and General Residential 3 use zones;
the resulting quotient in either case being taken to the nearest unit or, if there is a fraction of one-half, the next highest unit.
(10) Deleted.17/10/1977
20/07/1987
14/06/1996
(11) The floor area control of all buildings on a site in an Institutional 3 Zone shall be that applicable to the adjoining residential zone or where no residential zone adjoins, that applicable to the adjoining use zone. In the case of more than one such zone adjoining the property, the floor area control applicable to the zone providing for the lesser density shall apply, provided that the Council may authorise, by special consent, the floor area control applicable to the zone prescribing the higher density to be applied if it can be shown to the satisfaction of the Council that having regard to the topography of the site the proposed form of development will be in harmony with the scale and character of surrounding developments and with the amenities of the neighbourhood.20/07/1987