04-SPECIAL OCCUPANCY



CHAPTER –IV

REQUIREMENT OF SPECIAL OCCUPANCY

department.

(1) In Apartment building with joint ownership of land, the owner or developer shall provide floor space for house owner’s society office and assembly at the rate of one square meter per flat, provided that the minimum area shall not be less than 12 square meters.

One staircase for every 6 dwelling units or fraction thereof in a floor shall be provided.

The minimum width of approach road to the plot shall be 9 meters for Apartment buildings. 

Reservation of affordable housing i.e., EWS and LIG housing shall be done as per  provisions of affordable housing overlay.

Outhouse.—

An outhouse with zero rear and one side set back may be permitted on a plot having an area not less than 150 square meters

 Provided that—

i) the coverage of the outhouse shall not exceed 30 square meters and the height shall not exceed 3 meters;

(ii) the built up area of the outhouse and that of the main building together shall not exceed the permissible FAR  for the concerned plot;

(iii) the outhouse shall not cover more than one third of the width and more than one fourth of depth of the plot and shall not abut any public road;

(iv) a minimum 1.5 meters strip of land shall be kept open to the sky between the main building and the outhouse;

(v) no opening either in the form of windows or doors or ventilators shall be provided to the adjoining properties; and (vi) outhouses with sloping roof would only be permitted and in no case permission for outhouses would be granted with reinforced concrete cement flat roof. 

Requirements for old settlement area.—

(1) In an old settlement area, permission to erect a building may be given on the basis of the available width of means of access, provided that where the width of means of access is 4.5 metres or less, the coverage shall be limited to 50% of the plot area and the maximum height of the building shall be limited to two storey and the F.A.R. shall be limited to 1.00.

For plots with narrow width, i.e.  a width of 7.5 meters or less, zero setbacks may be allowed on one side with a passage of one meter on the other side.

The rear setback and front setback shall not be less than 3.0 meters and 1.5 meters, respectively. \

In each house on a old settlement plot having one side setback, an internal court- yard of not less than 10 square meters in area and not less than 2.5 meters in width shall be provided in such a way that at least one wall of each living room abuts such court-yard or a verandah opening to such court-yard.

Construction proposed in all existing buildings which have been divided into parts by partition or sale or otherwise may be permitted (without insisting on front, rear or side setbacks) subject to fulfilment of following provisions, namely:—

(i) coverage provided for the upper floor shall not exceed 75% of the plinth area of existing floor for organizing an open terrace to facilitate light and ventilation to the habitable rooms;

(ii) separate arrangement shall be made for drainage of the storm water; 

(iii) ventilators may be permitted above lintel height on production of no objection certificate from the owners of the adjacent plot to which the ventilators abuts, but no window overlooking others property may be permitted without obtaining his written consent in the shape of an affidavit. 

For construction on the first and subsequent floors on existing floors in old settlement area, on zero setbacks on one sides may be permitted, provided that the construction does not lead to closing down of windows or ventilators or skylights of the neighbouring plot which are already existing lawfully.

While according permissions without providing required setbacks, no-objection certificate in the shape of an affidavit from the side neighbour may be obtained and reasons for the same may be recorded in writing.

Semi- detached and row housing.—

(1) Owners of adjacent similar dimension plot abutting a road may be permitted to construct row or semi-detached buildings. 

The orientation of the row or semi-detached building shall preferably be such that the prevailing summer breeze can be availed by each dwelling unit

For semi-detached buildings over two adjacent plots, the setbacks, the height and the FAR shall be regulated by treating both the plots as one.

In case of row housing, the length of a row shall not exceed 50 meters along the road on which such houses abut.  

In case, the dwelling units in a row are scattered, the maximum length of the road shall be 100 meters

For row houses the ground coverage shall not be allowed to exceed 60% and the FAR more than 1.75. 

The minimum size of the plot on which a unit of a row housing may be allowed shall be 30 square meters. 

Shop cum residence.—

Where plots are allotted in a row for shop-cum-residential purpose, the Authority may allow construction of shop-cum-residential building without any side set backs up to a depth of 10 meters from the front exterior wall: Provided that no part of the building up to said depth is used for residential purpose on the ground floor and no building exceeding 12 meters in height shall be allowed to be constructed on a shop-cum-residential plot, unless so permitted under the Development Plan:  Provided further that the shop-cum-residence shall have only 2/3rd of the total floor area used for shops: Provided also that the FAR and other parameters shall conform to that specified for commercial buildings.  
Assembly Buildings (Cinemas, Theatres, Multiplex, Auditorium, Museum, Exhibition hall, Gymnasium, Stadia, Restaurant, Club room, etc.).—

(1) The relevant provisions of the Odisha Cinemas (Regulations) Rules, 1954 shall apply for planning

designing and construction of Cinema and Theatre buildings. 

The minimum width of the means of access for Cinema hall, Multiplex, convention centers and stadium shall be 18 meters.

No permission for construction of a assembly building to be used as a cinema hall, theatre or auditoria for cultural show, shall be granted unless the construction of such buildings conforms to the provisions of the Odisha Cinemas (Regulations) Act, 1954 and the Odisha Cinematograph Rules, 1939, the National Building Code of India or any other law on the subject for the time being in force in the State.

No permission to construct a cinema hall on a site shall be given unless such site has been approved by the Authority for the purpose.

Excepting provision for restaurant and incidental facilities no other use shall be permitted in a cinema building.

All cinema, multiplexes, theatres or auditoria buildings shall conform to IS; 4898- 1968 and acoustics design of such buildings shall adhere to the requirements of IS; 25261963.

Exits and fire safety requirements shall be in accordance with Part IV (Fire and life safety) of the National Building Code of India. 

Parking norms shall apply as per provisions of rule 37 of these rules.

Requirements of water supply, drainage and sanitation shall be as per provisions of the National Building Code of India. 

Commercial activity in mixed use building.—

 (1) Subject to provisions of the zoning regulations, in mixed-use buildings, commercial activity shall be permitted as per the following criteria, namely:—

(i) for road width of 12m, commercial use shall only be allowed in ground floor: Provided, if additional front- setback of 2m. is provided above the minimum setback and without front boundary wall, then the total front setback may be considered towards parking area calculation as surface parking;

(ii) for road width of 18m and above but less than 24m, only ground and first floor shall only be allowed for commercial use.

(iii) for road width of 24m and above but less than 30m, commercial use shall only be allowed in the ground, first and second floors.

(iv) for road width of 30m and above,  commercial use may be provided in all floors. 

Commercial activities shall be permitted on 9 meter wide road in the ground floor up to a depth of 10 meters from the front setback line: Provided, if additional front- setback of 1m. is provided above the minimum setback and without front boundary wall, then the total front setback may be considered towards parking area calculation as surface parking; 

Hotel Premises

(1) A hotel premises may also have other permitted activities along with hotel activity, namely,  service apartment, banquet, conferencing facilities, restaurant, swimming pool, health club, food court and discotheque. 

Commercial offices, retail and service shops to be restricted to 20% of Floor area in Hotel Premises.

In case of land allotted by Government for Hotel purpose and if specific provision for extent of commercial activities is not mentioned in the condition of lease or auction, the provision of sub-rule (1) and (2) above shall apply in such cases: 

Provided that, if the extent of commercial usages have been specified in the terms and conditions of the lease deed/auction and if the same exceeds the limit prescribed in subrule (2), the same shall be allowed, subject to overall limit prescribed by the Authority in the regulations. 

The commercial activity to be permitted within a hotel premises, shall be in compliance to the use restriction specified in zoning regulations and other provisions of these rules applicable to the specific commercial activity proposed within the hotel premises.

Liquefied petroleum gas or Gas Cylinder Godown.

 (1) Vacant space shall be maintained at all times as given in Table No.11 below: 

Table  No.  11:  Minimum  distances  required  for  storage  shed  of  liquefied  petroleum  gas cylinders
Sl. No Quantity of Compressed Gas in  Cylinders (Kg.) Minimum Clear Distance to be kept (in meters)
(a) (b) (c)
1 0-100 1
2 101 –1000 3
3 1001- 4000 5
4 4001-8000 7
5 8001-12000 9
6 12001-30,000 12
7 Over 30,000 15


 Notwithstanding anything contained in the conditions specified in the Table, cylinders containing liquefied petroleum gas exceeding 100 kilograms but not exceeding 300 kilograms, may be kept in a storage shed forming part of, or attached to building, if it is separated there from by a substantial partition and the only means of access to it is from outside and such a storage shed shall not be situated under any staircase or near other entrances to or exits from the rest of the building or other buildings.  

A shed used for storage of liquefied petroleum gas cylinders shall be surrounded by a suitable fence to prevent unauthorized persons from having access to the shed.

Norms for Petrol Pump.

(1) Minimum distance from the road intersections shall be— (i) for minor roads having less than 30 meters width     -- 50 meters.; and (ii) for major roads having width 30 meters or more       -- 100 meters. 

The minimum distance of the property line of petrol pump from the Centre line of the road shall not be less than 15 meters on roads having less than 30 meter width. In case of roads having 30 meter or more width, the width of the road shall be protected. 

Plot size shall be—

(i) for filling stations only  -- 30 meters X 17 meters; (ii) for filling-cum-service station   -- 36 meters X 30 meters; 

The frontage of the plots mentioned in clause (i) and (ii) of sub-rule (3) shall not be less than 30 meters.

Other conditions shall include

 (i) new petrol pump shall not be located on roads having less than 30 meters width; (ii) every petrol pump shall adhere to the norms as prescribed in IRC Code: 122009, as amended from time to time; and (iii) every petrol pump shall have public toilets with Water Closet (WC) separately for men and women.

Other controls for installation of petrol pump shall includ

i) Ground coverage    -- 20% ; Note: Ground coverage will exclude canopy area

(ii) FAR  -- 0.20 ; (iii) Max. height   -- 7 meters

(iv) Canopy equivalent to permissible ground coverage within setback line;

(v) Front set back   -- minimum 6 meters

Other requirements for installation of petrol pump shall be

(i) NOC from Explosives and Fire Department

(ii) License from the  District Magistrate 

In case of Compressed Natural Gas (CNG) mother station—

(i) Plot size (Max)  - 36 meters X 30 meters

(ii) Maximum ground coverage   --20%

(iii) Maximum height -- 7 meters (single storey)

(iv) Building component  -- control room, office, dispensary, store,  pantry and W.C. 

Farm House.—

(1) For construction of Farm House Building in Agricultural Use Zone, minimum size of plot shall not be less than 1.00 hectare. 
 
Maximum coverage and FAR shall be as given in Table No.12 below: 

Table No. 12: Maximum Coverage and FAR
Sl.No. (a) (b)
1 Maximum permissible ground coverage for all types of activity 15 percent
2 Maximum built-up area (BUA) allowed 500 square meters for every 1 Ha.
3 Residential  accommodation  of watch and ward/maintenance staff 100 square meters
4 Maximum height 7 meters
5 Setbacks

Front/side  abutting  road  15.0 meters and all other sides 9.0 meter

Minimum 65% percent of the total area of the farmhouse shall be under plantation or cultivation and at least 100 trees per hectare shall be planted out of which at least 50 percent shall be evergreen trees.

In case of a plot for a farmhouse having dwelling units, the owner thereof shall be responsible to make lawful arrangements for potable water. 

The owner shall be responsible to provide drains in the farm house to be used for rain water and in case of dairy farm open or closed sanitary drains to clean sheds, as may be required by the Authority. 

The owner shall be responsible to provide septic tank with necessary disposal trenches for disposal of human and animal waste in the farmhouse within his own premises.

The owner of a farmhouse shall obtain electric connection directly from the appropriate authority authorized for distribution on such terms and conditions at his own cost as decided by the appropriate Authority. 

For the purpose of sub-division of land for farmhouse, provisions of rules for approval of layout provided in Chapter-VII shall apply. 

Norms for solid waste management shall apply. 

The permitted activity of farm house shall not be modified into other activities.

Country Homes

(1) For construction of Country Homes in Agricultural Use Zone, minimum size of plot shall not be less than 2000 square meters which shall be low density residential areas in peri-urban and rural areas and the minimum size of the project in such areas for approval shall be at least 10 acres. 

Maximum coverage and FAR shall be as given in Table No.13 herein contained

Table No. 13: Maximum coverage and FAR
Sl. No. (a) (b)
1 Maximum permissible ground coverage for all types of activity 15 percent
2 Maximum built-up area (BUA) allowed 250 square meters for every 2000 square meters of plot area.
3 Residential  accommodation  of watch and ward/maintenance staff 20 square meters
4 Maximum height 7 meters
5 Setbacks

Front/side  abutting  road  15.0
meters and all other sides 9.0 meter

Minimum 65% percent of the total area of the country-home shall be under plantation or cultivation and at least 100 trees per acre shall be planted out of which at least 50 percent shall be evergreen trees. 

In case of a plot for a country-home having dwelling units, the owner thereof shall be responsible to make lawful arrangements for potable water. 

The owner shall be responsible to provide drains in the country-home to be used for rain water and in case of dairy farm, open or closed sanitary drains to clean sheds, as may be required by the Authority.

The owner shall be responsible to provide septic tank with necessary disposal trenches for disposal of human and animal waste in the country home within his own premises. 

The owner of a country home shall obtain electric connection directly from the appropriate authority authorized for distribution on such terms and conditions at his own cost as decided by the appropriate Authority. 

For the purpose of sub-division of land for country homes, provisions of rules for approval of layout provided in Chapter-VII shall apply.

Norms for solid waste management shall apply.

The permitted activity of country homes shall not be modified into other activities. 

CHAPTER –V

HIGH RISE BUILDINGS AND HOUSING PROJECTS/ SCHEMES/ APARTMENTS: ADDITIONAL REQUIREMENTS 

Restriction on construction of high-rise building.

(1) Construction of high-rise buildings shall not be permitted in villages, as notified by the Authority, from time to time. 

The Authority may, with prior approval of the State Government, restrict construction of high-rise buildings in any peri-urban or rural area within its jurisdiction on the basis of assessment of the available utilities or infrastructure such as drainage, solid waste management, transport, water management required for urban settlements or habitats

Where conditional permissions have been granted before commencement of these rules, development shall be controlled as per regulations under which such permission were given: 
Provided that this relaxation shall not be allowed where such development was made in violation of heritage zone condition.

No high-rise building with a height of 15 meters and more shall be allowed to be constructed— (i) with approach road less than 12 meters width; and (ii) on plot of size less than 2000 square meters. 

Main Entrance.—

(1) The main entrance to the premises shall not be less than 6 (six) meters in width in order to allow easy access to fire engine and the gate shall fold back against the compound wall of the premises, thus leaving the exterior access way, within the plot, free for the movement of fire service vehicles:  Provided that if archway is provided over the main entrances, the height of the archway shall not be less than 5 (five) meters. 

For high-rise Housing Projects scheme on one plot, the access way within the premises shall not be less than 7.5 (seven and half) meters in width and between individual building blocks, there shall be an open unbuilt space of 6 (six) meters.

The space set apart for providing access within the premises shall in no case be included in the calculation of requirements pertaining to parking spaces and other amenities required to be provided for the building.

Every access way shall be properly drained and lighted to the satisfaction of the Authority and manhole covers or any other fittings laid within the right of way of the access way shall be flushed with the finished surface level of it so as not to obstruct safe movement of men and vehicles.

Reconstruction, addition or alteration to any high-rise building shall not be taken in a manner which shall reduce the width of the access way to a level below the minimum prescribed limit under these rules.

General Building Norms.—

The general norms of a building shall be as follows, namely:— (i) Architectural elements such as louvers, pergolas, other sunshine materials shall be free from FAR; (ii) any architectural roof top structures would also be permitted out of FAR if not used for habitable or commercial purposes;

(iii) building elements such as sky bridges and landscape terraces which are meant for community purposes only shall be permitted free of FAR;

(iv) services can be permitted on roofs with adequate screening for the same;

(v) service floors and service area on habitable floors shall be exempted from FAR calculation;

(vi) Atrium or Atria at any floor will be counted only once in the FAR and the atriums shall be permitted as per the provisions of the National Building Code of India;

(vii) scissor staircase would be permitted provided all travel distance and fire norms are adhered to;

(viii) Stilts in high-rise buildings will not be restricted to height of 2.4 meters as long as it is used for parking;

(ix) Multilevel car parking with car lifts would be permitted with adequate fire safety;

(x) Buildings of height 60 meters and above, shall have provision for a Helipad.

(xi) Building Components such as doorways, stairways, lifts, ramps, corridors and other parameters for high rise building shall be as per norms given in Annexure-X.

Exit

(1) Every high rise building meant for human occupation or assembly, shall be provided with exit sufficient to permit safe escape of the occupants in case of fire or other emergencies.

An exit may be a door-way, corridor, passage way to an internal or external staircase or to a verandah or roof or terrace having access to a street.

Exits shall be so arranged as to provide continuous means of access to the exterior of a building or exterior open space leading to a street without passing through any occupied unit. 

Exits shall be so located that the travel distance on the floor shall not exceed twenty meters in case of residential, educational, institutional and hazardous occupancies and thirty metres in the case of assembly, business, mercantile, industrial and storage occupancies

Wherever more than one exit is required for a floor of a building, exits shall be placed at a reasonable distance from each other as possible.  

All the exits shall be accessible from the entire floor area at all floor levels. 

There shall be at least two exits serving every floor and at least one of them shall lead to a staircase.

The width of every exit shall not be less than one metre and shall be provided as specified in Table No.14 below

Bitmap Bitmap Bitmap Bitmap Table No. 14: Number of Occupants as per type of Occupancy
Sl. No. Type of occupancy Number of occupants per unit exit
Staircase Terrace
(a) (b) (c) (d)
1 Residential 25 75
2 Mixed and other uses 50 75

Explanation:—

(a) Lifts and escalators shall not be considered as an exit. (b) 'Travel distance' means the distance from any point in the floor area to any exit measured along the path or egress except that when the floor areas are sub-divided into rooms, used singly or of rooms and served by suite corridors and passage, the travel distance may be measured from the corridor entrance of such rooms or suites to the nearest staircase or verandah having access to the street. 

Occupancy of the Building.

 In addition to the general provisions of occupancy, in case of high-rise buildings, apartments and Housing Projects schemes, Structural Stability certificate from the Registered Technical Person or Project Management Organization shall be furnished after due certification by the appropriate agencies or institutions and in such cases, provision of clause (vi) of sub-rule (3) of rule 5 shall also apply, mutatis mutandis.

Structural Safety Design, Standards and other requirements.

(1) The structural design of foundation, masonry, timber, plain concrete, reinforced concrete, prestressed concrete and structural steel shall be carried out in accordance with provisions related to structural design, loads, foundation, wood, masonry, concrete and steel of the National Building Code of India taking into consideration all relevant Indian Standards prescribed by Bureau of Indian Standards for general structural safety, for cyclone or wind or storm protection, for earthquake protection and for protection of landslide hazard. (Refer to Annexure-VII for list of relevant Indian Standards)

All material and workmanship shall be of good quality conforming generally to the accepted standards of Public Works Department and Indian standard specification and codes as included under Building Materials and Construction practices and safety of the National Building Code of India. 

The provisions of these rules are not intended to prevent the use of any material or method of design or construction not specifically prescribed in these rules provided any such alternative has been approved as part of specification provided under clause (ix)  of sub-rule (2) of rule 5. 

The building materials approved by Bureau of Indian Standards (B.I.S.) or any statutory body will form part of the approved building material and technology as part of the rules.

The Planning design and installation of electrical installations, air conditioning installation of lifts and escalators can be carried out in accordance with provisions prescribed for Building Services, Lighting and Ventilation, electrical and Allied installation, air conditioning and heating, acoustics, sound insulation and noise control, installation of lifts and escalators in the National Building Code of India.

The requirements of electric sub-station and the provisions of electric sub-station shall also require approval from the concerned Authority.

The planning, design, construction and installation of water supply, drainage and sanitation and gas supply system shall be in accordance with relevant provisions of the National Building Code of India.

CHAPTER –VI

OVERLAY RULES

Affordable Housing Overlay Rules

(1) With a vision to ensure access to formal housing for all sections of society living in Development Area, following development control norms (affordable housing overlay) are prescribed for facilitating development of EWS or LIG or MIG housing units.

The category-wise, size of the dwelling units shall be as given in Table No.15 

Table No. 15: Category wise size of dwelling units
Sl.
No.
Category of Dwelling Units Size of the Dwelling Units (in square meters of carpet area)
(a) (b) (c)
1 Economical Weaker Section (EWS) Up to 30 square meters
2 Low Income Group (LIG) Up to 60 square meters
3 Middle Income Group (MIG) Up to 100 square meters
Note: The size of the dwelling units shall be modified, if the sizes  are varied in the “Policy for Housing for all in Urban Areas, 2015”, as amended from time to time.

Maximum density for EWS and LIG Housing projects shall not exceed beyond the limits as specified in Table No.16 below

Table No.16: Maximum Density specification for EWS and LIG housing
Sl. No. Plot Area (in square meters) Maximum Density (Dwelling Unit/ Acre)
(a) (b) (c)
1 Up to 4000 square meters 300 dwelling units per acre
2 From 4000 square meters to 10000 square meters 250 dwelling units per acre
3 Plots more than 10000 square meters 200 dwelling units per acre

The following relaxations in development control regulations shall be applicable to the extent of Economically Weaker Section (EWS) and Low Income Group (LIG) housing in various housing projects, namely

 (i) The distance between two building blocks shall be a minimum of 2 meters.

(ii) Parking requirements for Affordable Housing Projects can be accommodated within setback areas, between building blocks or open areas subject to condition that at least 1.2 meter driveway for one side parking and 1.5 meter driveway for both side parking, shall be provided.

(iii) The side setbacks may vary depending upon the plot size and plan prepared for a particular project, subject to provision of at least 1 meter side setback on either side. The sum total of both side setbacks in a particular project shall comply with these rules. 

For the purpose of ensuring provisions of Housing for all, the State Government has notified a policy that is “Policy for Housing for All in Urban Areas, Odisha- 2015” which prescribes mandatory development of EWS housing, incentives to be given to private developer and Government agencies in terms of FAR, norms for promotion of mixed use development and relaxations in terms of various fees and charges. 

The “Policy for Housing for All in Urban Areas, Odisha- 2015”, as amended from time to time, shall be applicable to building plan approval of all such projects:  Provided that incentives and provisions prescribed in this policy for promotion of affordable housing are model specific that is to say, a provision under one model cannot be made applicable to projects taken up under another model.  

To ensure development of MIG housing, following incentives shall be provided, namely:— (i) in apartments and housing projects, for the dwelling units under MIG category, parking requirements shall be calculated at minimum of 25% of total built-up area of such dwelling units; (ii) the developer shall be entitled to receive additional FAR equivalent to 20% of the built-up area utilized for MIG units and the said additional FAR can only be utilized in the same project subject to a maximum additional FAR of 0.25. 

External infrastructure that is development of road connectivity as per plan, street lighting, water supply, sewerage connection, solid waste management facility and public 

transport services to the battery limits of projects taken up under Model- 3, 4 and 5 of the Policy for Housing for All in Urban Areas, Odisha— 2015 shall be provided by concerned Government agencies without any infrastructure or development charges to the projects.

In case of Slum Improvement and EWS housing, the building parameters shall be applicable as per “Policy for Housing for all in Urban Areas, 2015”, as amended from time to time.

Transit Oriented Zone (TOZ) Overlay Rules.

(1) This Overlay Zone provides opportunity for mixed use and higher density development along the notified transit priority corridors to encourage and promote compact mixed use development in this zone and TOZ shall help in sustainable urban development by ensuring that maximum number of people can live, work or find means of recreation within walking or cycling distance of the transit priority corridors.

The transit priority corridors, extent of the TOZ along such corridors and applicability of development control norms in such TOZ shall be notified by Authority, from time to time and the same shall be defined as per the following overall framework, namely: —

(i) up to maximum of 400 meters wide belt on both sides of centre line of the notified transit priority corridors can be TOZ;

(ii) in case a part of plot or project site falls within notified TOZ, then the whole plot or project site shall be included in TOZ;

(iii) development control norms overlay shall be within the overall framework of sub-rule (4).  

TOZ overlay will override general provisions of development control regulations to the extent provided herein but the same shall not override the provisions related to following:  

(i) Environmentally Sensitive Zone;

(ii) Special Heritage Zone;

(iii) Open Space Use Zone;

(iv) Agricultural and Forest Use Zone;

(v) Water Bodies Use Zone;

(vi) any other use zones in which higher intensity of development allowed under TOZ is not desirable, as decided by Authority, from time to time. 

The following Development Control Norms shall be applicable in TOZ Overlay, namel

(i) The TOZ shall allow flexibility in provision of a mix of various uses within the same plot, with the exception of the following polluting and potentially hazardous uses affecting security, safety and environmental quality, of such areas,

(a) Retail shops - building materials, timber, building products, marble, iron, steel and sand, firewood, coal,

(b) Repair shops - automobile repair and workshops, cycle rickshaw repairs, tyre resorting and retreading, battery charging,

(c) Service shops - flour mills, (more than 3 KW power load), fabrication and welding,

(d) Storage, godown and warehousing,

(e) Manufacturing units (excluding household industry),

(f) Junk shop,

(g) Other hazardous, polluting and nuisance causing uses,

(h) any other use which in view of Authority is analogous to entries listed above;

(ii) All apartment, housing projects, commercial, public buildings, mixed-use buildings shall not have any boundary wall and the entire setback area shall be considered as Public Open Space: Provided that, the area under Public Open Space shall be surrendered to the Authority without any cost and the authority, in lieu of such surrendered land shall provide TDR certificate to the applicant as prescribed under sub-rule (4) of rule 36.

(iii) maximum permissible FAR shall be allowed in TOZ as prescribed under subrule (4) of regulation 35.

(iv) mixed use of the plot or project site and/or building shall be permitted in TOZ subject to following conditions, namely:— (a) principal use shall cover not less than 50% (fifty percent) of total built-up area and rest of the built-up area may cover any one or more of the permissible uses;  

(b) for the purpose of this rule, principal use may be any of the permissible uses as allowed under clause (i);

(v) The front setbacks on some or a part of the Transit Priority Corridors, having character of commercial streets, shall have fixed frontal setbacks as provided in Table No.17. The extent of such streets shall also form the part of the notification of Transit Priority Corridor notified by the Authority under subrule (2).

(vi) The fixed frontal setback is required to achieve a continuous building facade along a street edge to form a build-to line and it is further provided that all buildings shall be required to coincide with this line up to a minimum of 50% (fifty percent) of this line; and  

Table No. 17: Front Open Space for Buildings
Sl No. Front Open Space (in meters) Width of Street Fronting the Plot (in meters)
(a) (b) (c)
1 1.5 Up to 9.0
2 3.0 Above 9.0 and up to 18
3 4.5 Above 18 and up to 30
4 4.5 Above 30

Note.— The Authority may modify the norms prescribed in the Table as per character prevailing in their development area concerning to TOZ.

(vii) In the plots/ project sites for which provisions of 10% (ten percent) EWS housing are mandatory as per affordable housing overlay, additional provisions shall be made for reservation of 10% (ten percent) of built-up residential space for LIG or MIG housing and for such reservations, incentives allowed under affordable housing overlay shall be available;

(viii) Provision of a minimum 10% (ten percent) of Public Open Space (POS) shall be mandatory in all developments over plot size of more than 2000 square meters. This shall be subject to the following conditions, namely:—

(a) This Public Open Space shall be open to all and shall provide facilities like badminton court, tennis courts, basketball courts, bus stops, toilets;

(b) Public amenities provided in POS as part of the development shall be exempted from calculation of FAR;

(c) The Authority may prescribe guidelines for effective utilization of such public spaces.

(ix) For plot size more than 1 Acre, Through-Block Linkages of width not less than 3.0 meters shall be provided to improve connectivity and to encourage walkability within the TOZ. 

Mixed-Use Zone Overlay Rules.—

(1) This Overlay Zone provides opportunity for development of a diversified and pedestrian oriented urban environment where a mix of uses are encouraged, by allowing greater flexibility in development and to promote walk-to-work environment.  

Mixed Use Overlay shall be applicable only on streets with width of 18 meters or more, as notified by Development Authority after due consultation with all stakeholders and subject to all such norms, terms and conditions including charges, if any, as are prescribed in such notification.   

Mixed use Zone overlay shall override general provisions of development control regulations to the extent provided herein but same shall not override provisions of other following overlays or land uses, namely:—

(i) Environmentally Sensitive Zone;

(ii) Special Heritage Zone;

(iii) Open Space Use Zone;

(iv) Agricultural and Forest Use Zone;

(v) Water Bodies Use Zone;

(vi) Transit Orientated Zone;

(vii) any other use zones in which mixed use development under this overlay is not desirable, as decided by Authority from time to time. 
 
The following Development Control Norms shall be applicable in Mixed use Overlay, namely;—

(i) The Mixed Use Overlay Zone shall allow flexibility in provision of a mix of various uses within the same plot, with the exception of the following polluting and potentially hazardous uses affecting security, safety and environmental quality, of such areas,—

(a) Retail shops - building materials, timber, building products, marble, iron, steel and sand, firewood, coal,

(b) Repair shops - automobile repair and workshops, cycle rickshaw repairs, tyre resorting and retreading, battery charging,

(c) Service shops - flour mills, (more than 3 KW power load), fabrication and welding,

(d) Storage, godown and warehousing,

(e) Manufacturing units (excluding household industry),

(f) Junk shop,

(g) Other hazardous, polluting and nuisance causing uses,

(h) any other use which in view of Authority is analogous to entries listed above

(ii) The FAR utilization and mix of uses within various permissible uses shall be as per following conditions, namely:— (a) principal use shall cover not less than 50% (fifty percent) and not more than 75% (seventy five percent) of total built-up area and rest of the built-up area may cover any one or more of the permissible uses and it is further provided that for the purpose of this rule, principal use may be any of the permissible uses as allowed under clause (i); and (b) on the ground floor facing the main street, there shall be provision for retail or/and commercial use only and it is further provided that there shall be fixed frontal setbacks as provided in clause (vi) of sub-rule (4) of rule 77, under TOZ overlay. (c) Maximum FAR shall be allowed as per the provisions prescribed under rule 35. 

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