PROCEDURES
SPAZA SHOPS POLICY
Attached hereto are the following:-
- Summary of the policy
- Application procedures and requirements
- Application form
IT MUST BE ENSURED THAT PROPER TOWN PLANNING
ADVICE IS SOUGHT FROM THE RELEVANT
MANAGER PRIOR TO SUBMISSION OF THE
APPLICATION. ENQUIRIES SHOULD BE DIRECTED TO
THE EXECUTIVE MANAGER: DEVELOPMENT PLANNING
DEVELOPMENT PLANNING DEPARTMENT
UNIFORM PROCEDURES SPAZA SHOPS
1. POLICY DEFINITION
The definition of a Spaza Shop can be regarded as the area of a dwelling unit
and/or associated immovable outbuilding, used by
the occupant of such a dwelling unit, for the purposes of selling basic household
goods.
2. POLICY FUNCTIONS
The primary function of a Spaza Shop is to provide the occupant of a residential
unit, with an opportunity to use his/her property for a small-scale economic
activity and thus generate income, without negatively impacting on adjoining
properties. Another function is to provide a range of household goods to the
surrounding community, within walking distance.
Given the functions above, it is clear that a Spaza Shop must not be confused
with retail/business facilities on stands located along activity streets or nodes and
serving a wider community at a larger scale. In addition, an erf on which a Spaza
Shop is operated should retain its primary use as residential.
3. APPLICATION PROCEDURES
The following procedures should be followed and documentation attached, when
submitting an application for a Spaza Shop:
3.1 A Spaza Shop must be operated from a building or associated immovable
structure, approved, in terms of the National Building Regulations Act.
3.2 A copy of the title deed of the property, must be submitted, with the
application.
(a) The title deed indicates the registered owner of a specific property. If the applicant is not the registered owner of the property, as indicated in the title deed or lease agreement, the written permission of the registered owner must be obtained, in the form of a power of attorney. A company resolution is also required, if the property is registered in the name of a company.
(b) In the case where a bond is registered against a specific property, an endorsement to that effect will appear in the title deed. If this is the case, the bondholder’s consent must be obtained and forwarded, with the application.
(c) The amendment or removal of restrictions in the Conditions of Title is necessary, where a land-use constraint is found, for example, which restricts the land-use of the property to residential or commercial only. Where a condition in the title deed is found to be restrictive, it is necessary that an application be made to either amend or remove the condition, before any development can take place, assuming such development conforms with all
other requirements.
3.3 A detailed motivation memorandum, stipulating the intentions of the applicant, together with a locality plan, must be submitted, with the application.
3.4 An approved building plan, drawn by a registered draughtsman indicating the floor plan of the proposed spaza shop or container in relation to the house, size and any other requirements that are set out in the National Building Regulations Act must be submitted, with the application and should be confined to the maximum of 50% of the floor space.
3.5 The applicant must obtain written comments from the surrounding neighbours. The Municipality shall determine the affected neighbours and inform the applicant accordingly
3.6 All objections lodged and/or representations made, shall be dealt with at a Development Tribunal, at a date and time, to be determined by the Municipality.
4. CONDITIONS OF APPROVAL AND DEVELOPMENT CONTROLS
In addition, the applicant must take note of the following development controls, as these will form part of the conditions of approval:
4.1 The main use of the property shall remain residential and the occupant shall reside in the dwelling unit.
4.2 The activity shall not be noxious, eg selling of gas or coal
4.4 The activity shall not interfere with or negatively influence the amenities of the surrounding area.
4.5 All vehicular and pedestrian access shall be to the satisfaction of the Municipality.
4.6 No food shall be prepared and sold on the erf, unless the certificate of acceptability is issued/ authorized by the Department of Community Services.
4.7 The Municipality may impose any other conditions that it deems necessary, in order to protect the amenities of the area or neighbourhood.
4.8 No alcoholic drinks without a liquor license shall be sold from the Spaza Shops.
4.9 A notice or sign, displayed on the property, in order to indicate and advertise the business being conducted from the dwelling unit, shall be to the satisfaction of the Municipality, in terms of size, position and design.
4.10 No tobacco products or liquor shall be sold to persons under the age of 18 years.
5. LICENSING OF BUSINESS PREMISES
In terms of the Business Act (Act No. 71 of 1991) Schedule 1, the following businesses are
required to be licensed;
Sale or supply of meals or perishable foodstuffs
Who should apply?
1. Takeaways and restaurants
2. Butcheries and Fishmongers
3. Supermarkets
4. General Dealers
5. Convenience Stores
6. Hotels
7. Canteens and Caterers
8. Coffee Shops
9. Any person selling perishable foodstuffs in the form of meals
Provision of certain types of health facilities or entertainment
Who should apply?
1. Turkish baths, sauna’s or other health baths
2. Massage of infra-red treatment facilities
3. Escort services, whether male or female
4. Premises with 3 or more electronic games
5. Premises with 3 or more snooker or billiard tables
6. Night clubs and discotheques
7. Cinema’s and theatres
Premises:
Trading takes place from a fixed premises only
Zoning:
The proposed trading area is to be in line with Town Planning Zoning. If the trading area is not suitably zoned, the applicant is to apply for special consent with Town Planning.
Procedure:
1. Application form is to be completed for any of the activities mentioned above. Application forms are available from
the offices of the Department of Development and Planning and must be completed in full.
2. The following must accompany all license applications;
A certified copy of the applicant`s identity documents
Landlords consent
o Copy of lease
o Letter of consent from the landlord
o Proof of ownership
o Copy of CC/PTY(LTD),COOPERATIVE`S REGISTRATION CERTIFICATE/S
A copy of the floor plan of the proposed trading area by a qualified draughtsperson.
LESEDI LOCAL MUNICIPALITY
APPLICATION FORM: SPAZA SHOPS
Name/Company : ______
Postal Address : ______
Postal Code: ______
Identity Number of Applicant :
Contact Person : ______
Tel. Numbers : (H) ______(W) ______
(C) ______(Fax) ______
E-mail Address : ______
Date : ______
Sir/Madam,
ERF/HOLDING/PORTION NO. : ______
TOWNSHIP/AGRICULTURAL HOLDINGS/FARM PORTION : ______
As registered owner/authorised agent of the above-mentioned property, I hereby formally apply to the Lesedi Local Municipality to operate a Spaza Shop, in terms of the provisions of the relevant town-planning scheme/applicable legislation (insert relevant town-planning scheme/applicable legislation)______
I am aware that the subject property is currently zoned ______
I desire that a Spaza Shop be operated from a portion of the subject property and the aforesaid be used for no other purposes, whatsoever, except the main use of the property which shall remain residential.
I undertake that, in the event of the Lesedi Local Municipality approving my application, the above-mentioned business/activity/building will be operated/constructed in such a manner, so as to cause as little nuisance as possible to the surrounding residents.
I understand that, in the event of the premises being used for any other purposes than the above-mentioned or other than provided for in the zoning, as stipulated in the relevant town-planning scheme/applicable legislation, the Lesedi Local Municipality will be entitled to take immediate action, in order to interdict the carrying on of such illegal business/activity/building and to close it down or to carry out any other proceedings, the aforesaid may deem advisable, without any compensation being payable by the Lesedi Local Municipality.
In order to ensure that the above provisions will be carried out, I agree that the Lesedi Local Municipality, shall have the right at all reasonable times, to enter upon the aforesaid property and/or any buildings or structures erected thereon, for the purpose of inspecting the aforesaid property, buildings and structures and the nature of the business and/or other activity therein.
Yours faithfully
______
APPLICANT OWNER