1. Classification and establishment of zones--(1) For the purpose of those regulations, the area covered by the Master Plan has been broadly divided into seven zones.
(i) Residential Zone : (a) High Density (b) Medium Density (c) Low Density
(ii) Commercial Zone : (a) Local Commercial (b) Central Commercial (c) Wholesale and Warehousing
(iii) Industrial Zone: (a) Light manufacturing and Small Scale Industries (b) Service Industries (c) Obnoxious Industries
(iv) Institutional Zone (v) Agricultural Zone (vi) Public and semipublic Zone (vii) Open space, parks and playgrounds Zone (viii) Green Belt Zone
(2) The boundaries of each of the zones shall be, as indicated in the detailed layout plans of the different sectors of the Master Plan. Unless otherwise, shown on the Master Plan, the boundary lines of zones shall be plot lines, the centre lines of the streets or such lines extended over the railway right of way lines or the corporate limit line as it exists at the time of publication of these regulations.
(3) The zones designed under clause (2) may be further divided into sub-zones by the Planning Authority dependent on the special use to which each sub-zone is being utilised.
(4) All the disputes and difference with respect to the exact location of zonal boundaries shall be referred to the Planning Authority whose decision shall be final and binding.
2. General regulations-
(1) Except as otherwise provided no structure or land hereafter shall be used and no structure or part thereof shall be erected, re-erected or materially altered unless sit is in conformity with these regulations.
(2) Any use of land or structure existing at the time of enforcement of these regulations, but not in conformity with its provisions, may continue to exist with the following limitations.
(i) Such uses of land or structures shall not be--
(a) changed to another non-conforming use ; (b) re-established after discontinuance of use for six consecutive methods;
(c) extended except in conformity with these regulations ;
(d) re-built or repaired after damage exceeding one-half of its cubical contents immediately prior to damage ;
(ii) All existing places, or worship temples, churches, mosques, etc., and burial and cremation grounds shall not be treated as non-conforming uses.
(3) All non-conforming uses of land and buildings shall be discontinued and made to conform with the Master Plan with the time limits specified below for different non-conforming uses from the date of notification of the Master Plan under section 33 (1) of Pondicherry Town and Country Planning Act, 1969.
3. (1) Industrial non-conforming uses-
Industrial use of structures of land which does not conform to the land use shown in the Master Plan shall either have to be discontinued gradually or shifted, in stages, to the industrial areas earmarked in the plan.
(2) All noxious and nuisance industries which may be dangerous to life, or injuries to health or property, or causing offence to the sense of sights, smell or hearing, or disturbance to rest and sleep must be first to go from their present location. The time of their shifting ranging from a period of three to five years shall be fixed by the Planning Authority, depending upon the nature and degree of such nuisance and the areas occupied.
(3) Non-nuisance industries will get more time for shifting i.e. from five years to a maximum period of ten years on a sliding scale, on the following criteria.
(a) The capital value of land, structure and machinery allowing for depreciation;
(b) The registered employment of industry, more time if the industry has got more floor space per worker.
4. Residential non-conforming uses-
Existing residential use of buildings in industrial use zones, commercial use zones in only ground floors, public and semi-public use zones and open space zones as shown in the Master Plan shall be discontinued within a period of ten years.
5.Commercial non-conforming uses
-Except otherwise provided in the Master Plan Commercial use of buildings or lands in industrial, residential, public and semi-public use zone and open space zone as shown in the Master Plan will have to be discontinued within a period of ten years.
6. Off-set parking space for motor vehicles--
1) Off-street parking space shall be provided on any plot on which the uses specified are hereafter established; such parking space as specified shall be the minimum and provided with adequate vehicular access to a street. 2[“(2) Each off-street parking space provided shall not be less than 18.6 sq.metres of area. The area of drives, isles and such other provisions required for adequate access shall not be counted as part of the 18.6 sq.metres”.]
(3) If a vehicle parking space required by these regulations is provided in parking areas by groups of property owners of their mutual benefit, the Planning Authority may construct such use of this space as meeting the off-street park requirements under these regulations.
(4) If off-street vehicle parking space cannot be reasonably provided for on the same plot on which the principal use is conducted, the Planning Authority may permit such space to be provided in the vicinity, provided such space lies within 152.4 metres of the main entrance to such principal use. Such vehicle parking space shall be deemed to be an open space associated with the permitted use and shall not thereafter, be reduced or encroached upon in any manner.”
Any violation of the Zoning Regulations is a violation of the Pondicherry Town and Country Planning Act, 1969 and shall be penalized as per the provision of the said Act.
8. Group projects-
Group project development for residential, commercial and industrial areas can be undertaken where the land will not be subdivided into customary streets and plots and will be governed by good design standards to ensure open spaces. The intensity of use is intended to be higher than that stipulated in the Plan. Group projects can be undertaken for at least three acres of commercial area or five acres of industrial area. Group housing development for multistoreyed apartments and low cost housing schemes can be undertaken for at least ten acres of residential area. No limit on the number of floors is stipulated, access to dwellings can be provided by pedestrian paths governed by design requirements. Adequate provision has to be made for parking and services. Set back and the arrangements of block garages, etc. will have to be approved in each case so that a health development is ensured.
9. Regulations applicable to each land use zone--
I. RESIDENTIAL ZONE ;
(a) Use permitted : Residences, hostels and boarding houses, nurseries, kindergartens and schools, clinics, social and cultural institutions with adequate parking facilities ; public utilities and buildings, except service and storage yards; agricultural gardens, nurseries and green houses ; any neighbourhood recreational uses including clubs and other semipublic recreational uses ; accessory uses clearly incidental to residential uses which will not create a nuisance or hazard.
(b) Uses that may be permitted on special grounds by Planning Authority : Places of workshop, professional office when situated in the same dwelling as the one occupied by the professional man or woman when located in local shopping centre ; commercial offices, service uses and retail shops of a neighbourhood character when located in local shopping centre or in concentrated locations or as shown in the zonal plan when prepared ; hotels, hospitals and senatoria not treating contagious diseases or mental patients ; provided the set-back and coverage of plots are such as not to constitute a nuisance to the residential area ; colleges and research institutions not to be operated to the production of goods or other materials for sale provided there is no nuisance created ; Municipal, State and Central Government offices ; raising of poultry for noncommercial uses provided that no bird is housed closer than 5.0 metres of a dwelling or a property line ; removal of gravel, clay, sand or stone for development of site which will not result in the stagnation of water or cause other nuisance terminals, rail passenger and freight stations, petrol filling stations, service and storage yards, taxi, scooter, rickshaw and tonga stands.
(c) Uses prohibited: All uses not specifically permitted herein. Further all uses mentioned herein shall not be permitted to use machinery involving more than three horse power in capacity.
(d) Minimum size of plot: The minimum area of the plot in this zone shall be 170 sq.m. where new subdivision of land is effected. Such subdivision would need an approval of the Planning Authority.
Each plot shall have a minimum frontage of 9.20 metres on any street provided that this shall not apply to existing plot frontages which are less than 9.20 metres.
For low cost housing for the low income group the minimum plot area shall be 125 sq.m.
For slum improvement and slum rehousing scheme sponsored by Government the minimum would be 80 sq.m. or as recommended by Central Government from time to time.
(e) Plot coverage: The maximum permissible coverage on a plot of the size mentioned in column 1 below shall be as shown in column 2 below:
(i) up to 300 sq.m. 60% of the area of the plot
(ii) above 300 sq.m. and not exceeding 50% of the area of the plot or 180 sq.m. whichever is more 500 sq.m.
(iii) above 500 sq.m. and not exceeding1,000 sq.m. 40% of the area of the plot
(iv) above 1,000 sq.m. 33% of the area of the plot.
(f) Floor area ratio : The maximum area ratio in this zone shall not exceed 150.
(g) Set back lines : (I) Front set back lines : If the depth of the plot is as shown in column 1 below, the minimum front set back of the building from the boundary of the plot shall be as shown in column 2 below :
Depth of the plot Minimum set back from the boundary of the plot
(i) up to 20 metres .. 3,00 metres
(ii) above 20 metres and not exceeding 30 metres .. 4.5 metres
(iii) above 30 metres and notexceeding 40 metres .. 6.0 metres
(iv) above 40 metres .. 7.5 metres
(ii) Rear set back : Every residential building shall have a rear set back of an average width of 1.75 metres and at no place of a width of less than 1.5 metres from the boundary of the plot and in case of back to back sites, the minimum width of such rear set back shall be 1.75 metres minimum at all points and set back shall further comply with restrictions relating to light and air plans.
(iii) Side set back : On a plot on which a detached building is allowed to be erected such a building shall have a side set back from the boundary of the plot of at least 1.5 metres width on either side for a plot less than 500 sq.m. and 3 metres on either side for a plot above 500 sq.m. and on a plot on which a semi-detached building is allowed to be erected such a building shall have a side set back of 1.5 metres width on one side for a plot less than 500 sq.m. and 3 metres on one side for a plot above 500 sq.m. in case of plots having a frontage of 9.2 m. (30’) a side set back1.25 metres (5’0”) on one side and 1 m (3’0”) on the other side shall be allowed.
In case of row housing buildings on corner plots shall also be set back by such distance from the side street as may be suitable to meet the needs of the traffic
Note: 1. Set backs are not compulsory in the case of existing buildings within the Boulevard area, but the building should be re-erected so as to keep up an uniform building line. However, for erection or re-erection of building on corner plots, suitable set backs would be required and shall be approved by the Planning Authority.
2. Every habitable room taking light and ventilation from the side open space, the minimum dimensions from the boundary shall be prescribed for side set backs in commercial zones. 3. “The maximum permissible plot area and plinth area of a dwelling unit for a family shall be 2,000 square metres and 500 square metres respectively for Pondicherry Urban area or any other Urban area notified from time to time within Category “D” in Schedule-I of the Urban Land (Ceiling and Regulation) Act, 1976”
(iv) Service lanes-
The minimum width of a service lane shall be 4.5 metres and it may be reduced to 3 metres in case if low cost housing scheme sponsored by Government, SemiGovernment or other public bodies. It is not necessary to have this in the case of detached and semi-detached housing. If provided it should have a minimum of 4.5 metres right of way. In case the length of road is more than 152.4 metres, the minimum right of way should be 6 metres. Where garages are to be provided, in order to have easy turn of motor vehicles, the garages should be set back 4.5 metres from the centre line of the service lane”.]
(V) Heights of buildings:
Heights of buildings shall be fixed by the Planning Authority for specific areas for the purpose of preserving architectural qualities or other reasons as may be specified.
II. COMMERCIAL ZONE;
(1) Local Commercial: (a) Uses permitted: Retail shops; business and professional offices; services uses like barbers and tailors ; ;laundry and dry cleaner’s shops, etc.; restaurants and entertainment places; residences; social and welfare institutions provided they are located in first and higher floors ; clinics, meat, fish and fruit markets roofed storage for legitimate retail business; public and semi-public recreational uses; public utilities and buildings. Parking area requirements for all uses must be approved.
(b) Uses that may be permitted on special grounds by the Planning Authority: Social and Welfare institutions, petrol filling stations, coal, wood or timber yards, services garages; light manufacturing industries without nuisance or hazard and employing not more than 4 persons with or without power provided the goods manufactured are sold on the premises in retail; taxi or scooter stand, bus terminal Parking area requirements for all uses must be approved.
(2) General Commercial : (a) Uses Permitted : All uses permitted in retail shopping; also hostels and boarding houses, colleges, schools, research institutions; service garages, warehousing and covered storage, local and central government offices. Parking area requirements for all uses must be approved.
(b) Uses permitted on special grounds by Planning Authority: All uses allowed in retail shopping. IN addition, newspaper and printing presses. The following may also be allowed in specific areas under detailed plans and zonal plans of the shopping centre; light manufacturing and service industries without nuisance or hazard and not employing more than 10 persons with or without power, junk yards. Parking area requirements for all uses must be provided.
(c) Uses prohibited: All uses not specifically permitted above.
(3) Wholesale and Warehousing :
(a) Uses permitted: Wholesale and retail shops, storage for wholesale uses except when specifically prohibited, business offices, restaurants and residences provided they are located in first and higher floors; public utilities and buildings, parking, loading and unloading area requirements must be approved for all uses.
(b) Uses permitted on a special grounds by Planning Authority : Truck terminal and parking, schools, clinics, social and cultural institutions; recreational uses, storage and markets dealing with meat and fish parking, loading and unloading area requirements must be provided for all uses.
(c) Uses prohibited : Storage of petroleum and other inflammable materials; storage of any material causing dust and colour, junk yard. All uses not specifically permitted above.
(1) Local and Central Commercial:
(a) Coverage: The maximum permissible coverage will depend on the layout of the commercial area;
(a) Ground floor and first floor: 50% of the area of the plot.
(b) Second and higher floors : 35% of the area of the plot.
(b) Floor area ratio : The floor area ratio shall not exceed 150 in local commercial zone, and 250 in central commercial zone.
(c) Set back: Every building shall be set back as provided below:
(i) Front set back: No front set back is necessary but if the building is to be re-erected it should conform to an uniform building line.
(ii) Rear set back: Every building shall have a rear set back of a minimum distance from the boundary line of the plot to comply with restrictions relating to light and air planes.
(iii) Side set backs: Side set backs are not compulsory except in cases where light and ventilation to habitable rooms are to be taken from the side of the building. IN such cases the width or dimensions specified in the table below will apply.
Where height of buildings (above plinth)
adjoining the open space does not exceed
Minimum width of open air space
|(2) Wholesaling and Warehousing:
|Maximum ground floor coverage
|Basement allowed as in commercial and retail areas.
Maximum set back : Front 7.5 m ; rear 4.5 m ; side 4.5 m.
General Warehousing, storage, etc. F.A.R. 100
Maximum ground floor coverage 60%
Minimum set back for plots as below :
Below 1,500 sq.m. 1,500 to 5,000 sq.m.
Above 5,000 sq.m.
Basement allowed for parking, servicing and storage should not exceed ground floor coverage. Not counted for F.A.R. calculations.
Special consideration for F.A.R. coverage, set backs, parking etc., will be specified for special trades like grains oil, timber and other building materials.
Building abutting on two streets: If a building abuts on two or more streets of different widths, the building shall be deemed for the purpose of this bye-law to face upon the street that has the greater width and the height of the building shall be related by the width of that street and may be continued at this height to a depth of 13.5 metres along the narrower street subject to conformity with the prescribed road angles.
III. INDUSTRIAL ZONE;
a) Light manufacturing and small scale industries :
(i) Uses permitted : Industries which will not cause excessive or objectionable noise, vibration, smoke, gas flame, odour, dust, effluent and other objectionable conditions and employing not more than 200 workers with or without power. Warehousing and storage of materials excepting those inflammable. Parking, loading and unloading areas, Public utilities and buildings, canteen, restaurant and recreational facilities for employees. Residential use for security and watch staff. Fire station, firstaid station, police out post, post office.
(ii) Uses permitted on special grounds by Planning Authority: Bus stand, railways and road freight stations. Filling stations; junk yard; Government and semi-Government uses incidental to main use.
(iii) Uses prohibited: All uses not specifically permitted above.
(b) Service industries:
1. Light manufacturing and small scale and service industries:
Minimum plot 400 sq./m. Minimum frontage 12 m
Maximum plot area 10,000 sq.m.
May be relaxed in special cases.
(i) Coverage floor area ratio : The maximum coverage and the maximum F.A.R. on the plots of the sizes mentioned in column 1 below shall respectively be shown in columns 2 and 3 below :
(I) Uses permitted :
Filling and servicing stations. Furniture manufacturing, smith, lathe shops, motor workshops, garages and electric repairing shops. Large scale repair shops of machinery and light manufacturing industries like bamboo and cane products, wire products, processing and canning of food, etc. Large-scale flour mill, saw mill, rice, dal, and oil mills, employing not more than 50 persons without power. Storage yards incidental to main use. Residences for watchman. Loading and unloading station. Public utilities and building manufacturing bread and biscuit and confectioneries.
(ii) Uses permitted on special grounds by Planning Authority: Industry manufacturing paints and chemicals Ice factory, cold storage and gas plants. Industry manufacturing medicines, distilled water, etc.
(iii) Uses prohibited: All uses not specifically permitted above.
|size of plot
||Coverage of each floor
(b) Rear set back : The building in a plot of the area shown in column 1 shall have minimum rear set back as shown in column 2 below :
Area of the plot Minimum set back
(1) (2) Upto 5,000 sq m. 6.0 metres Above 5,000 sq.m. 15.0 metres
(c) Side set back: The building in a plot of the area shown in column 1 shall have minimum side set back as shown in column 2 below :
Area of the plot Minimum set back
(1) (2) Upto 5,000 sq.m. 4.0 ,metres Above 5,000 sq.m. 6.0 metres
(2) Flatted Factory: Minimum plot areas One acre Maximum No. Of floors 6
The minimum number of floors allowed is two. A basement not exceeding ground floor coverage, is allowed for storage and servicing only and will not be taken into account in floor area ratio calculations :
Minimum set back:
Front .. 15 m. (50 ft.) Rear .. 15 m (50 ft.) Sides .. 6 m (20 ft.)
IV. INSTITUTIONAL ZONE
(a) Uses permitted : Educational, cultural and scientific institutions and their accessory uses; dwellings for the inmates of the institutions, non-commercial hostels.
(b) Uses that may be permitted on special grounds by Planning Authority : Any use permissible in residential zone subject to the coverage, height and F.A.R. of Institutional Zone.
(c) Uses prohibited: Uses not specifically permitted herein.
(d) Plot coverage: The maximum permissible coverage on each floor shall be 33 1/2% for a plot less than 9,000 sq.m. in area of 25% for a plot greater than 9,000 sq.m. in area, Areas within the plot used for organized sports will be taken into account for plot coverage calculations.
(e) Floor area ratio: The F.A.R. shall not exceed 150. However F.A.R. will be determined on the merits of each individual case depending upon the location and the nature of use. (f) Set back lines:
(i) Front set back lines : There shall be a minimum front set back of 6 metres (ii) Side set back lines : As per Residential Zone. (iii)Rear set back lines: As per Residential Zone.
(g) Heights of buildings: As per Residential Zone.
Note: Existing Institutional buildings in zones other than in institutional zone may be permitted on special grounds by the Planning Authority to construct buildings according to the requirements of that particular zone provided other requirements such as parking, open space, playgrounds, etc., are satisfactorily met.
(a) Uses permitted: Dwellings for people engaged in the farm, farm houses and accessory buildings, agricultural, horticulture, dairy, poultry, farms, animal rearing and breeding stables for riding, etc. Processing and sale of farm produce, petrol and other fuel filling stations, schools, libraries, religious buildings, public utility buildings.
(b) Uses permitted on special grounds by Planning Authority: Quarrying of gravel, sand, clay or stone, lime kilns, brick kilns, workshops, for servicing and repair of farm machinery and service stations.
(c) Uses prohibited: All other uses not specifically permitted above.
Regulations for residential zone would normally apply to this zone. Temporary constructions would be permitted only with the prior permission of the Planning Authority.
VI. PUBLIC AND SEMI-PUBLIC OPEN SPACES, PARKS, AND PLAYGROUNDS:
(a)Uses permitted: Sports stadia, swimming pools, gardens, playgrounds, gulf course and other recreational uses requiring extensive open space.
(b)Uses permitted on special grounds by Planning Authority: Theatres, Public Assembly Halls, etc. Transient visitor’s camp on non-payment basis and taxi, scooter, rickshaw and tonga stands.
(c) Uses prohibited : “ Dwellings except of watch and ward personnel and other uses not specifically permitted herein
VII. GREEN BELT ZONE:
(a) Uses permitted: Agriculture and horticulture, Dairy and poultry farming, farm houses and necessary building. Brick and lime kiln and removal of clay, gravel. Burial and cremation grounds.
Trenching and disposal ground. Places of worship, Public utilities and buildings; bus, truck terminus and air port.
(b) Uses permitted on special grounds by Planning Authority: Educational and cultural buildings. Park and non-commercial public and semi-public recreational uses. Storage processing and scale of farm products. Sewerage and compost areas. Operation of stone, murram quarries, Government and semi-Government uses incidental to main use.
(c) Uses prohibited : All uses not specifically permitted above
Note: 1. Any new construction to be erected in the residential and commercial zones on an existing plot within an existing permanent structures can be permitted an additional coverage of 10% in excess of the one stipulated in the order. This however, shall not apply to cases where the existing plot coverage is less than the one stipulated in the order.
In cases where the existing coverage is within 10% in excess of the stipulated one, no coverage in addition to the existing one will be allowed.
2. For determining floor area ratio normally--
(I) covered area used for purpose of parking cars would be excluded for the calculations on the following basis.
a) Residential zone: 1. Parking space of 20 sq.m. for dwelling unit not less than 75 sq.m. floor area. (b) Commercial zone : 1. Parking space of 20 sq.m. area per floor area of 100 sq.m.
(c) Industrial zone: 1 parking space of 25 sq.m. area per floor of 250 sq.m.
(d) Institutional zone: 1 parking space of 20 sq.m. per floor area of 150 sq.m.
(i)Balconies if not projecting beyond 1.50 metres of the external wall would have only half the area of such projections included in the calculation. If the balconies project beyond 1.50 metres of the external wall than the entire area of such balconies would be included in the calculations.
3. In cases of new plot subdivision normally the length shall not be more than three times of breadth.
Temporary permits: Some temporary uses with definite time limit may be allowed by the Planning Authority for uses other than those stipulated in the Master Plan after ensuring that such temporary use would be made to discontinue and ground restored to the original condition by the owner or the lessee at his/her own cost on the expiry of the stipulated time limit, or put to use/uses stipulated in the Master Plan.
Appeal to the Authority: Where uses are permitted on special appeal to the Planning Authority the following consideration (in addition to any special conditions contained in the foregoing table) will be the basis for granting or denying the appeal
A. Need for proposed use to serve persons or activities in immediate locality.
B. Degree of traffic generation from proposed use and its effect on principal uses zone.
C. Effect of potential noise, vibration, odour, smoke, fumes and unsightly appearances of proposed use on adjacent properties.
D. Where appropriate provision in building design and site layout for eventual conversion of special use to one of the principal uses permitted in this zone.
E. Where appropriate provisions in building design and site layout for protecting the integrity of the principal use of the zone by way of extra set backs, walls, and plated area.
Residual provisions: All other provisions of the regulations or bye-laws of the Municipality concerned relating to this subject matter shall continue to apply in so far they are not inconstant with this order.
Under Secretary to Government(Public Works)