ANNAMAYYA URBAN DEVELOPMENT AUTHORITY, KADAPA – GIS BASED MASTER PLAN OF KADAPA MUNICIPAL CORPORATION IN THE JURISDICTION OF ANNAMAYYA URBAN DEVELOPMENT AUTHORITY – GENERAL TOWN PLANNING SCHEME (MASTER PLAN) – SANCTION UNDER SECTION 13 OF THE ANDHRA PRADESH METROPOLITAN REGION AND URBAN DEVELOPMENT AUTHORITIES ACT, 2016 (ACT NO.5 OF 2016) – CONFIRMATION – NOTIFICATION – ORDERS – ISSUED.

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Registered No. HSE-49/2016

PART I EXTRAORDINARY

No.342 AMARAVATI, THURSDAY, MARCH 23, 2023 G.3710 NOTIFICATIONS BY GOVERNMENT

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MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT (H)

ANNAMAYYA URBAN DEVELOPMENT AUTHORITY, KADAPA – GIS BASED MASTER PLAN OF KADAPA MUNICIPAL CORPORATION IN THE JURISDICTION OF ANNAMAYYA URBAN DEVELOPMENT AUTHORITY – GENERAL TOWN PLANNING SCHEME (MASTER PLAN) – SANCTION UNDER SECTION 13 OF THE ANDHRA PRADESH METROPOLITAN REGION AND URBAN DEVELOPMENT AUTHORITIES ACT, 2016 (ACT NO.5 OF 2016) – CONFIRMATION – NOTIFICATION – ORDERS – ISSUED. [G.O.Ms.No.39, Municipal Administration & Urban Development (H) Department, 21st March, 2023]

NOTIFICATION

In exercise of the powers conferred under section 13 of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 (Act 5 of 2016), the Government of Andhra Pradesh hereby sanction the General Town Planning Scheme (Master Plan) for Municipal Corporation, Kadapa and its Vicinity Villages, subject to condition that the Building Rules and Layout Rules shall be as per the Andhra Pradesh Building Rules,2017 issued in G.O.Ms.No.119, MA&UD Department, dated:28.03.2017 and the Andhra Pradesh Land Development (Layout and Sub-division) Rules, 2017 issued vide G.O.Ms.No.275, MA&UD Department, dated:18.07.2017, and subsequent amendments thereon from time to time, respectively.

2. The confirmed Master Plan will be opened for perusal of the public at the offices of the Municipal Corporation, Kadapa/ANUDA/Vicinity Villages included in this scheme for a period of six months.

KADAPA PLANNING AREA

ZONING REGULATIONS

Table of Contents

1. INTRODUCTION

1.1 ZONING REGULATIONS

It is a statutory document prepared under the provisions and procedures prescribed under the relevant Acts. The Zoning Regulations are also sanctioned along with the Master Plan. Zoning Regulations is the legal instrument for implementing the land use policy as proposed in the Master Plan. Zoning Regulations contain a set of guidelines with regard to the permissibility of the right use and the correct location of each zone duly prohibiting the conflicting uses in order to achieve the objective of the Master Plan for orderly development of a given settlement.

Zoning is a planning control tool for regulating the built environment and creating functional real estate markets. It does so by dividing land that comprises the statutory area of a ULB into different zones, permitting particular land use on specific sites to shape the layout of towns and cities and enable various types of development.

The following 10 Development Promotion Zones [DPZ] and 02 Development Restriction Zones [DRZ] are proposed for the Master Plan area of Kadapa Municipal Corporation.

1.2 Land Use Categories of Master Plan

The categories of land uses proposed in the Master Plan are as follows:

Table 1-1 Land Use Zones Proposed in Master Plan

1.3 Applicability of the Zoning Regulations

a. No development activity like layout, land pooling scheme, building activity or use of any land shall be permitted unless these are in conformity with the3 Master Plan land use, circulation network and the zoning of the uses and activities as given in this section and the building site requirements as given in these regulations.

b. These regulations however will not prohibit the continuance of existing uses of lands and buildings that have been lawfully established and have a valid development permission obtained from the competent authorities as required under the prevailing statutory provisions and these Zoning and Development Promotion regulations, provided that no expansion of the existing non- conforming use or activity shall be permissible provided such conformed use is dangerous to life.

c. All the layouts approved by the competent authorities as required under the prevailing statutory provisions or plots / layouts regularized by prior to these regulations and change of land use affected by government in the immediate preceding notified Master Plan from time to time shall continue to prevail irrespective of the land use zone proposed in the Master Plan.

1.4 Short Title, Scope, Extent & Commencement

1.4.1 Title

These Regulations shall be called the "Zoning Regulations for Kadapa Municipal Corporation Master Plan‖.

1.4.2 Scope of the Zoning Regulations

The scope of these "Zoning Regulations" shall be limited to defining Land Use Zones and the activities permissible in each land use zone depicted in the Proposed Land Use Plan forming part of the Master Plans. Other aspects of development will be governed by relevant Building Rules, Layout Rules etc. issued by the Government from time. Competent Authorities under such regulations shall ensure that the developments permitted by them are in conformity with these Uniform Zoning Regulations. 1.4.3 Jurisdiction

These Zoning Regulations shall apply to Kadapa Municipal Corporation area in Andhra Pradesh.

1.4.4 Date of Commencement

These regulations shall come into force on such date as notified by the Government. The implementation and enforcement of the Master Plan shall be in accordance with these Zoning Regulations herein prescribed.

2. GENERAL CONDITIONS

In these regulations, unless the context otherwise requires, the definition given as under shall have the meaning indicated against each term. Words and expressions not defined in these regulations shall have the same meaning or sense as in the Andhra Pradesh Metropolitan4 Region and Urban Development Authorities Act, 2016, Andhra Pradesh Municipalities Act 1964, Andhra Pradesh Building Rules 2017, AP Layout Rules 2017 as amended from time to time as defined in the National Building Code as the case may be, unless the context otherwise requires. All amendments / modifications made in the aforesaid regulations shall automatically stand deemed to have been included as part of these rules.

In these regulations the use of present tense includes the future tense, the masculine gender includes the feminine and the neutral. The singular number includes the plural and the plural includes the singular. The word ‗Person' includes other public institutions, other agencies and individual. Writing includes printing and typing and signature includes ‗Thumb impression' made by a person who cannot write if his name is written near to such thumb impression.

2.1 Definitions

"Accessory Use" means any use of the premises subordinate to the principal use and customarily incidental to the principal use. "Act" means the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016, Andhra Pradesh Municipalities Act 1964.

"Amenities" includes club house, convention halls, educational, commercial facilities, crèche, gymnasium, convenient shopping etc., ―Appeal‖ Appeal against interpretation and decision of ULBs and UDAs lies with the DT&CP. Appeal against interpretation and decision of DTCP lies with the Government. ―Buffer area‖ means an area of land separating adjacent land uses that is managed for the purpose of mitigating impacts of one use on the other. an area within which sensitive uses are either restricted or prohibited. A buffer area consists of a separation distance and one or more buffer elements. Buffer element is a natural or artificial feature that mitigates an adverse impact; a buffer may include open ground, a vegetation buffer and or acoustic barrier.

"Building" means a structure constructed with any materials whatsoever for any purpose, whether used for human habitation or not and includes- Foundation, Plinth, Walls, Floors, Chimneys, Plumbing and Building services, Fixed Platforms etc.

Verandahs, Balconies, Cornices, Projections etc. Parts of a building or anything affixed thereto, Any wall enclosing or intended to enclose any land or space, sign and outdoor display structures etc. Tanks constructed or fixed for storage of chemicals or chemicals in liquid form and for storage of water, effluent, swimming pool, ponds etc. All types of buildings defined below shall be considered to be ‗buildings' except tents, shamianas and tarpaulin shelters erected temporarily for temporary purposes and ceremonial occasions.

"Assembly Building" means a building or part thereof where groups of people congregate or gather for amusement, recreation, social, religious, patriotic, civil,5 travel and similar purposes and includes buildings of drama and cinema theatres, city halls, town halls, auditoria, exhibition halls, museums, marriage hall, skating rings, gymnasia, stadia, restaurants, eating or boarding houses, place of worship, dance halls, clubs, gymkhanas, road, air, sea or other public transportation stations and recreation piers.

"Business Building" means any building or part thereof used for transaction of record therefore, offices, banks, all professional establishments, court houses classified as business buildings if their principal function is transaction of business and/or keeping of books and records.

"Detached Building" means a building with walls and roofs independent of any other building and with open spaces on all sides within the same plot.

"Semi-Detached Building" means a building having one or more side attached with wall and roof with other building.

―Row House‖ means a row of houses on adjacent plot with a common wall with only front, rear and/or interior open spaces. The house at the end of the row shall however have side open space as prescribed.

"Educational Building" means a building exclusively used for a school or college, recognized by the appropriate Board or University, or any other Competent Authority involving assembly for instruction, education or recreation incidental to educational use, and including a building for such other user's incidental thereto such as a library or a research institution. It shall also include quarters for essential staff required to reside in the premises, and a building used as a hostel captive to an educational institution whether situated in its campus or not.

"Hazardous Building" means a building or part thereof used for-

Storage, handling, manufacture or processing or radioactive substances or of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or producing poisonous fumes.

Storage, handling, manufacture or processing of which involves highly corrosive, toxic obnoxious alkalis, acids, or another liquids, gases or chemicals producing flame, fumes, and explosive mixtures or which result in division of matter into fine particles capable of spontaneous ignition.

"Industrial Building" means a building or part thereof wherein products or, material are fabricated, assembled or processed, such as assembly plants, laboratories, power plants, refineries, gas plants, mills, dairies and factories etc.

"Institutional Building" means a building constructed by Government, Semi- Government organizations, public sector undertakings, registered Charitable Trusts for their public activities, such as education, medical, recreational and cultural, hostel for working women or men or for an auditorium or complex for cultural and allied activities or for an hospice, care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping6 accommodation, and includes dharamshalas, hospitals, sanatoria, custodian and penal institutions such as jails, prisons, mental hospitals, houses of correction, detention and reformatories building constructed for the promotion of Tourism such as, stared hotels, clubs, golf course, sport stadium and all activities of Tourist Unit as may be declared by Government from time to time.

"Mercantile Building" means a building or part thereof used as shops, stores or markets, for display and sale of wholesale or retail goods or merchandise, including office, storage and service facilities incidental thereto located in the same building.

"High-rise Building"means a building with 18 meters and above (including stilt floor) in height. However Chimneys, cooling towers, Boiler rooms/Lift machine rooms, Cold storage and non-working areas in case of industrial buildings and water tanks and architectural features in respect of other buildings may be permitted as a non-high-rise building.

"Office Building" (premises), means a building or premises or part thereof whose sole or principal use is for an office or for office purposes or clerical work. Office purposes include the purpose of administration, clerical work, handling money, telephone, telegraph and computer operation; and clerical work includes writing, book-keeping, sorting papers typing, filing, duplicating, punching cards or tapes, machines calculations, drawing of matter for publication and editorial preparation of matter of publication.

"Public Building" means a building constructed by Government, Semi government organizations, public sector undertakings, registered Charitable Trust or such other organizations for their non-profitable public activities.

"Residential Building" means a building in which sleeping accommodation is provided for normal residential purposes, with or without cooking or dining facilities, and includes one or more family dwellings, lodging or boarding houses, hostels, dormitories, apartment houses, flats and private garages such buildings.

"Heritage Building" means a building possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Authority

"Heritage Precinct" means an area comprising heritage building or buildings and precincts thereof or related places.

"Storage Building" means a building or part thereof used primarily for storage or shelter of goods, merchandise and includes a building used as a warehouse, cold storage freight depot, transit shed, store house, public garage, hanger, truck terminal grain elevator, barn and stable.

"Unsafe Building" means a building which, is structurally unsafe, is insanitary, is not provided with adequate means of egress, constitutes a fire hazard,7 is dangerous to human life, in relation to its existing use constitutes a hazard to safety or health or public welfare by reasons of inadequate maintenance, dilapidation or abandonment.

"Wholesale establishment" means an establishment wholly or partly engaged in wholesale trade and manufactures wholesale outlets, including related storage facilities, warehouses and establishments engaged in truck transport, including truck transport booking warehouses.

―Convenient shopping‖ means premises used for a group of shops comprising those dealing with day to day requirements, as distinguished from wholesale trade or shopping. It includes-

Bicycle hire and repair shops, Books and stationery shops or stores, Cloth and garment shops, Florists, Food-grains or ration shops, each with carpet area not exceeding 50 Sq. m, Groceries, confectioneries, and general provision shops, each with a carpet area not exceeding 50 sq. m, Hair dressing saloons and beauty parlors, Medical and dental practitioner's dispensaries or clinics, pathological or diagnostic clinics and pharmacies, each with a carpet area not exceeding 50 sq. m, Milk and milk products shops, Newspaper, magazine stalls and circulating libraries, Plumbers, electricians, radio, television and video equipment repair shops and audio/video libraries, Restaurants and eating houses each with a carpet area not exceeding 50 sq. m, Shoes and sports shops each with a carpet area not exceeding 75 sq. m, Shop for collecting and distribution of clothes and other materials for cleaning and dyeing establishments, Shops dealing in ladies ornaments such as bangles, fancy and gift items etc., Shops selling bakery products, Tailor or darner shops, Vegetable and fruits shops.

"Developer" means, a person who constructs or causes to be constructed an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assignees; or a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of the plots in the said project, whether with or without structures thereon; or any development authority or any other public body in respect of allottees of— buildings or apartments, as the case may be, constructed by such authority or body on lands owned by them or placed at their disposal by the Government, or plots owned by such authority or body or placed at their disposal by the Government, for the purpose of selling all or some of the apartments or plots; or8 an apex State level co-operative housing finance society and a primary co-operative housing society which constructs apartments or buildings for its members or in respect of the allottees of such apartments or buildings; or any other person who acts himself as a builder, coloniser, contractor, promoter, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale; or such other person who constructs any building or apartment for sale to the general public.

Explanation.—For the purposes of this clause, where the person who constructs or converts a building into apartments or develops a plot for sale and the persons who sells apartments or plots are different persons, both of them shall be deemed to be the promoters and shall be jointly liable as such for the functions and responsibilities specified in these rules;

―Development‖ means development with its grammatical variations means the carrying out of building, engineering, mining or other operations in or over, or under land or water or the making of any material change, in any building or land, or in the use of any building or land, and includes re-development and layout for sub-division of any land, and ―to develop‖ shall be construed accordingly.

―Drain" means a system or a line of pipes, with their fittings and accessories such as manholes, inspection chambers, traps gullies, floor traps used for drainage of building or yards appurtenant to the buildings within the same cartilage. A drain includes an open channel for conveying surface water or a system for the removal of any liquid.

―Dwelling‖ means a building or a portion there of which is designed or used wholly or principally for residential purposes. This shall not include boarding or rooming houses, tents, tourist camps, hotels for other structures designed or used primarily for transient residents.

―Dwelling Unit" means a shelter consisting of residential accommodation for one family. It is an independent housing unit with separate facilities for living, cooking and sanitary requirements.

"Enforcement Authority" means the Vice Chairman of the UDAs, Municipal Commissioners of the ULBs and Panchayat Secretaries of the respective Gram Panchayats;

―Existing Building" means use of a building or a structure existing authorized before the commencement of these Regulations.

―Existing Use" means use of a building or a structure existing authorized before the commencement of these Regulations.

"Floor" means the lower surface in a storey on which one normally walks in a building, and does not include a Mezzanine Floor. The floor at ground level with a direct access to a street or open space shall be called the Ground Floor; the floor above it shall be9 termed as Floor 1, with the next higher floor being termed as Floor 2, and so on upwards. Similarly the floors below ground levels shall be termed as Basement Floor 1, Basement Floor 2 with number decreasing downwards.

―Land‖ includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth.

―Land Use‖ means the principal use of land for which a plot of land or building thereon is used or intended to be used. For the purpose of classification of a plot according to the land uses, a land use shall deem to include subsidiary land uses which are contingent upon it.

―Licensed/Town Planner/Architect/Engineer/Structural Engineer/ Supervisor‖ means a qualified Town Planner, Architect, Engineer, Structural Engineer, Supervisor who has been licensed by the Competent Authority under relevant rules and also called as Licensed Technical Personnel.

―Neighborhood Centre and Civic Centre‖ means Neighborhood Centre and Civic Center shall include following activities such as sectoral shopping center, market, office building, cinema, small hospital, playground, swimming pool, Town hall, open air theatre, civic and cultural facilities, library, higher secondary school, parking plots, public utility and service building such as post office, fire station, police station, religious building and building of public uses.

"Non-conforming Building or Use" means a building, structure or use of land existing at the time of commencement of these regulations and which does not conform to the regulations pertaining to the zone in which it is situated.

―Occupancy or Use‖ means the principal occupancy or use for which a building or a part of it is used or intended to be used, including contingent subsidiary occupancies; mixed occupancy building being those in which more than one occupancy are present in different portions of the building.

―Open Space‖ means an area, forming an integral part of the site left open to the sky and includes area left for community purposes.

―Owner‖ means the person who receives the rent for the use of the land or building or would be entitled to do so if they were let.

NOTE: The term Owner is synonymous with the term ‗applicant'.

An agency or trustee who receives such rent on behalf of the owner, A receiver, executor or administrator or manager appointed by any court of competent jurisdiction to have the charge of or to exercise the right of the owner, An agency or trustee who receives the rent of or is entrusted with or is concerned with any building devoted to religious or charitable purposes, A mortgage of a lease holder so empowered.

―Parking Space‖ means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles, together with a drive way connecting the parking space with a street or alley and permitting ingress and egress of the vehicles.

―Permanent Open Air Space‖ means air space permanently open--

If it is a street, If its freedom from encroachment is protected by any low or contract ensuring that the ground below it is either a street or is permanently and irrevocably appropriated as an open space. In determining the open air space required for construction of a building, any space occupied by an existing structure may, if it is ultimately to become a permanently open air space, be treated as if it were already such a place.

―Plot‖ means a portion of land held in single or joint ownership enclosed by definite boundaries other than the land used, allotted, earmarked or set apart for any street, lane, passage, pathway, conservancy lane or for any other public purpose.

"Road/Street‖ means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square place or bridge, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds channels, ditches, storm water drains, culverts, sidewalks, traffic islands, road-side trees and, hedges retaining walls, fences, barriers and railings within the street lines.

―Road/Street-Level or Grade‖ means the officially established elevation or grade of the centre line of the street upon which a plot fronts, and if there is no officially established grade, the existing grade of the street at its mid-point.

―Road/Street Line‖ means the line defining the side limits of a road/street.

"Service-Road" means a lane from a wider street provided at the front of a plot for service purposes.

"Utility" means roads, streets, open spaces, parks, recreational grounds, playgrounds, gardens, water supply, electric supply, street lighting, drainage, sewerage, public works and other utilities, communication network, services and convenience.

"Village Settlement or GramaKhantam or Agraharam or Abadi" means all lands that have been included as Agraharam/Abadi by the Government/ Collector within the site of village and includes existing village hamlets.

"Warehouse" or ―Godown" means a building, the whole or a substantial part of which is used or intended to be used for the storage of goods whether for storing or for sale or for any similar purpose. It is neither a domestic nor a public building, nor merely a shop if so used not a store attached to and used for the proper functioning of a shop.

"Water Course" means a natural channel or an artificial channel formed by draining or diversion of a natural channel meant for carrying storm and waste water.

"Water Bodies" means the designated areas for flow of water such as Nallas, Canals, Vagus, River etc. and designated areas for storage of water such as Tanks, Cheruvu, SS Tanks etc. The measurement of all water bodies should be as per irrigation records/revenue records and in case of any discrepancy the relevant revenue/irrigation records stands final.

"Width of a Street / Road" means the clear average width of the existing carriage way and footpaths only on which the building or plot line abuts. The average width shall be computed by taking length of street between two extreme points on building unit abutting the street at right angles to the direction of such streets excluding the steps projections, forecourts, open areas of other spaces in front of the building erected or intended to be erected. However in case where a regular line of street is prescribed by the Competent Authority, such width shall be considered for the purpose of computing building height. And when applied to a new road/street the road width means the whole extent of space within the boundaries of a road as laid down in the City Survey or development plan or prescribed road lines by any Act or land and measured at right angles to the course or intended course of direction of such road

"Zonal Development Plan" means a plan detailing out the proposals of Master Plan/Development Plan prepared under the provisions of the Act.

3. ZONING REGULATIONS

In the Proposed Land Use Plan of the Master Plan, various land use zones are proposed under two broad categories (A) Development Promotion Zone [DPZ] and (B) Development Restricted Zone [DRZ]having their zonal boundaries as indicated shall be regulated as per the regulations given below.

A. Under the Development Promotion Zone [DPZ], the land use zones proposed are:

1) Residential Use Zone (R), 2) Commercial Use Zone(C), 3) Mixed Use Zone(M), 4) Industrial Use Zone(I),

a) Work Centre zone (Green and White Industries) b) Hazardous /Polluting industrial zone (Red and Orange Industries)

5) Public and Semi-Public Use (Institutional) Zone (PS), 6) Public Utilities Use Zone (PU), 7) Recreational Open Space Use Zone (RE) 8) Transportation Use Zone(T), 9) Agricultural Use Zone(A) and

Growth Corridor Use Zone (GC).

B. Under Development Restricted Zone [DRZ], the land uses proposed are:

(1 Special Area Use Zone (SA)12

[Includes Heritage Buildings and Precincts, Defense / Military Lands]

(2 Protected Use Zone (PR)

[Includes water bodies (Rivers, Nalas, Reservoirs and Kuntas) and Forest Areas] Except as otherwise provided, no structure or land hereinafter shall be used and no structure shall be erected, re-erected or altered unless its use is in conformity with these regulations. The uses not mentioned below may be treated as prohibited against their uses. The Zoning Regulations contain the following classification of broad land use zones. These regulations specify uses that are permissible in the normal course in each land use zones.

A. Development Promotion Zone [DPZ] B.

3.1 Residential Use Zone (R)

In the Residential Zone, buildings or premises shall be normally permitted only for the following purposes and accessory uses.

*All Commercial uses are permissible abutting 24 m and above road widths in respect of Municipal Corporations and 18m and above road in respect of Municipalities and Nagar Panchayats.

3.2 Commercial Use

3.3 Mixed Use

All activities permissible in Residential use zone are permissible in mixed use including the following:

3.4 Industrial Use

• The lands earmarked for buffers under HT Lines can be used for service roads and access to neighbouring fields.

3.6 Public Utilities Use Zone (PU)

• Competent Authority can permit any use in Government Land irrespective of its usage as per Government Orders without per-Judious to Court Orders.

3.7 Recreational Open Space Use Zone (RE)

3.8 Transportation Use Zone (T)

In the Traffic and Transport use zone, building or premises shall normally be permitted only for the following purposes and accessory uses:

3.9 Agricultural Use Zone (A)

3.10 Growth Corridor Zone (GC)

B. DEVELOPMENT RESTRICTED ZONE [DRZ]

3.11 Special Area Zone (SA)

of the defense services or the civil population living in the contiguous areas. The restrictions as stipulated in the Building Rules / Government guidelines and modified from time to time shall be followed.

3.12 Protected Use Zone (PR)

Y. SRILAKSHMI SPECIAL CHIEF SECRETARY TO GOVERNMENT35