What Does It Mean To Rezone A Property?

Rezoning a property is a legal process that involves changing the zoning designation of a piece of land. This essentially means altering the regulations that govern how the land can be used

Background: Important information to know or to enquiry about from your town planner: 

The zoning of your property needs to be determined, and therefore it is important to recognize the following:

Agricultural land, agricultural holdings, and erven have land use rights assigned to them. Land use rights that may be exercised on your property are generally referred to as your development controls and are contained in the zoning certificate.

The zoning certificate contains development controls and information on the type of zoning, building line restrictions, parking requirements, uses that may be exercises or not, and the maximum height of a building, to name a few.

The development controls and your zoning designations indicate what you may and may not use the property for and the limitations thereof in terms of the size of your building, parking requirements, and the like.

Should you wish to expand your land use and it falls outside the parameters of the development controls, a rezoning application may be required.

 

What is a rezoning: 

In simple terms, rezoning refers to obtaining new or amended land use rights on a property. Thus, amending the zoning of your property and/or the development controls of your property.

Example:

Some examples of a subject property requiring a rezoning application is as follows:

• Properties zoned Residential 1 and the property owner wants to build townhouses or flats will require rezoning.
• Properties zoned Residential 1 and the property owner wants to operate a business or office will require a rezoning.
• Properties having the correct zoning designation but the property owner wants to increase the leasable area will require a rezoning.

The above examples are just a few, but raises important points such as:

• Can my property be eligible for rezoning for townhouses or flats? 
• If I have and existing business on my property, do I comply with the appropriate zoning requirements?
• Can I expand my existing business on the existing property and zoning approvals?
• What is Leasable Area? 

 

Can my property be eligible for rezoning for townhouses or flats? 

To determine if your property is eligible for rezoning to townhouses or flats, it is important to contact a professional town and regional planner to assess the property in detail.

Developing flats or townhouses depends largely on the location of the subject property in relation to the density guideline allocated to the subject property.

The density guideline refers to the number of dwelling units per hectare that the spatial planning policy guidelines have allocated to the subject property or earmarked the property for.

The proposed density that may be achieved on the subject property also needs to be assessed in terms of the parking requirements, height of a building, building lines, restrictive conditions, servitudes, and conditions of approval of title deed conditions, to name a few.

These assessment criteria, and more like this, are used to determine the number of units and the type of units that may be developed on a property, subject to the rezoning application process.

 

If I have and existing business on my property, do I comply with the appropriate zoning requirements:

Many business properties are operating without the required zoning being approved or in place. It is important to contact a professional town and regional planner to determine:

• If the required zoning for your business is in place
• If not, what are the requirements to achieve the appropriate land use rights
• The rezoning process, cost and time frame. 

Similarly to the above-mentioned density provisions, it is important to know and understand that:

To determine if your property is eligible for rezoning for business purposes, it is important to contact a professional town and regional planner to assess the property in detail.

Business land use rights on properties depend on the location of the subject property in relation to the policy guidelines on spatial planning.

Policy guidelines generally indicate areas suitable for business use; these areas are generally located next to busy roads and intersections and are known as nodes or corridors.

These assessment criteria, and more like this, is used to determine if the subject property is suitable for business land use rights by way of a rezoning application. 

Can I expand my existing business on the existing property and zoning approvals:

The short answer is yes, subject to various factors, however the below summary is indicated:

• Provided that there is adequate space
• Provided that there is adequate parking and access
• Provided that there are adequate services (water and sewer, electricity etc.)

It is important to contact a professional town and regional planner to assess your property and to obtain the advise required to move forward and to commence with the rezoning application.

Urban Arrow Town Planners and Development Consulting (Pty) Ltd: Your Town and Regional Planning Consultant. 

At Uban Arrow Town Planners and Development Consulting (Pty) Ltd, we specialize in guiding rezoning applications for successful development projects. Our in-depth knowledge of regulations, combined with our design and planning expertise, will streamline your path to realization. Contact us to explore your project’s potential.

Please note: This is a general guide. Specific requirements and procedures can vary. Always consult with a Qualified and Professional Town Planner for the most up-to-date information and personalized advice.