Covid-19 has impacted many economically and made our homes a work site as well. But are you operating within the by-laws?
This article spells out town-planning by-laws set out in the Land Use Scheme for a property zoned Residential 1 (most houses in Emmarentia) but remember there may be other health and safety, heritage, building by-laws that also apply.
Conditions that apply
If you want to operate a business from home:
· YOU MUST permanently reside at the property,
· YOU CAN use up to 25% or a maximum of 50m2 of the area of your house for this purpose
· YOU MAY EMPLOY not more than 2 other persons (not members of the household who permanently live there)
· YOU are responsible for maintenance of the entire property.
The business MUST NOT CAUSE:
· noise, smell, dust, pollution, parking, loading and off-loading and extra traffic and the assembly of workers which may impact on neighbours.
The business CANNOT:
· interfere with the amenities of the neighbourhood
· negatively impact the infrastructure services greater than that required for domestic, home use.
· store anything the Council considers unsightly or undesirable or that is a risk to the safety and security of residents.
YOU MAY NOT use your dwelling house/unit for these types of businesses:
· a public garage, motor sales, motor workshop, heavy mechanical repairs (e.g. grinding, welding, sanding, etc.), car wash, industrial / commercial purposes, noxious industries, scrap yard, spray painting, panel beating, shop (retail outlet), spaza / house shop, tavern / shebeen, restaurant, coffee shop, tea garden, place of amusement, place of instruction, institution, guest house, bed and breakfast, boarding house, commune, hotel, funeral parlour, undertaker, pet salon or any such other uses as the Council may determine.
Is your home business operating within the law?
Covid-19 has impacted many economically and made our homes a work site as well. But are you operating within the by-laws?
This article spells out town-planning by-laws set out in the Land Use Scheme for a property zoned Residential 1 (most houses in Emmarentia) but remember there may be other health and safety, heritage, building by-laws that also apply.
Conditions that apply
If you want to operate a business from home:
· YOU MUST permanently reside at the property,
· YOU CAN use up to 25% or a maximum of 50m2 of the area of your house for this purpose
· YOU MAY EMPLOY not more than 2 other persons (not members of the household who permanently live there)
· YOU are responsible for maintenance of the entire property.
The business MUST NOT CAUSE:
· noise, smell, dust, pollution, parking, loading and off-loading and extra traffic and the assembly of workers which may impact on neighbours.
The business CANNOT:
· interfere with the amenities of the neighbourhood
· negatively impact the infrastructure services greater than that required for domestic, home use.
· store anything the Council considers unsightly or undesirable or that is a risk to the safety and security of residents.
YOU MAY NOT use your dwelling house/unit for these types of businesses:
· a public garage, motor sales, motor workshop, heavy mechanical repairs (e.g. grinding, welding, sanding, etc.), car wash, industrial / commercial purposes, noxious industries, scrap yard, spray painting, panel beating, shop (retail outlet), spaza / house shop, tavern / shebeen, restaurant, coffee shop, tea garden, place of amusement, place of instruction, institution, guest house, bed and breakfast, boarding house, commune, hotel, funeral parlour, undertaker, pet salon or any such other uses as the Council may determine.
Click here to download the full By-law .
Any queries, contact info@era.org.za
Originally published in Emmarentia Post No 1 February 2022
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