Kerala Gazette No. 42 dated 21st October 2008.

PART I

Section iv

GOVERNMENT OF KERALA

Local Self Government (RD) Department

NOTIFICATION

G. O. (P) No. 219/2008/LSGD.

Dated, Thiruvananthapuram, 4th August 2008.

S.R.O.No. 1084 /2008.—Whereas the Government have in G.O. (Ms.)

No. 190/79 LA&SWD dated 18th August, 1979 published as S.R.O. No. 1064/79

in the Kerala Gazette No. 38 dated 25th September, 1979 sanctioned the

Development Plan for Kottayam Town under sub-section (3) of section 12 of the

Town Planning Act, 1108 (IV of 1108);

AND WHEREAS, it is required to vary the said Scheme for the purpose of

making the zoning regulations compatible to the present development scenario;

AND WHEREAS the Government have published the proposed variation in

the Development Plan issued under notification, in G.O.(Ms.) No. 195/07/LSGD

dated 7th August, 2007, in the Kerala Gazette Extraordinary No. 1532 dated

17th August, 2007 as required under clause (b) of sub-section (2) of section 13

of the Town Planning Act, 1108 (IV of 1108), read with rule 71 of the Town

Planning Rules 1113 ME.

NOW THEREFORE, in exercise of the powers conferred by sub-section (2) of

section 13 of the Town Planning Act, 1108 (IV of 1108), the Government of

Kerala after considering all objections and suggestions received in respect of

the proposed variation in the Development Plan, hereby vary the Development

Plan for Kottayam Town sanctioned under sub-section (3) of section 12 of the

Town Planning Act, 1108 (IV of 1108) issued in G.O. (Ms.)No.190/79/LA&SWD

dated 18th August, 1979, and published as S.R.O. No. 1064/79 in the Kerala

Gazette No. 38 dated 25th September, 1979; to the extent as indicated below,

namely:—

G. 745/2008/DTP.

VARIATION

In the said scheme,

(i) for “Chapter 4 BROAD ZONING REGULATIONS” included in

SECTION III Kottayam Town Planning proposals, the following shall be

substituted, namely:—

“CHAPTER

ZONING REGULATIONS

All future developments shall be in conformity with provisions of the

Development Plan.

All future constructions within the planning area

boundary prescribed in the Development Plan shall also conform to the

Kerala Municipality Building Rules.

For the implementation and enforcement of the proposals envisaged in

the Development Plan for the town, areas have been zoned under

various uses such as Residential, Commercial, Industrial, Public and

Semi-public etc. Details regarding the nature of uses, namely,

“Permitted”, “Restricted” and “Prohibited” in each zone are given

below.

Uses “Permitted” in a zone cover the uses that can be normally

accommodated in the relevant zone.

In some cases it may be possible

to permit some other uses also which are not likely to affect the quality

and environment in a zone specified for the particular use. Such cases

have to be individually studied based on the performance

characteristics and special locational factors. Such cases which come

under this category are classified as “Uses Restricted”.

“Uses

Prohibited” enlists the various objectionable uses in each zone, which

shall not be permitted under normal circumstances.

Zoning regulations are not intended to prohibit existing uses that have

been lawfully established prior to the enforcement of these

regulations.

They are essentially intended to help the competent

authority in decisions regarding granting or refusal of planning

permissions for land use conversions and construction of buildings/

structures or any other matter specifically mentioned in these

regulations.

Existing areas and structures of archeological importance, agricultural

uses and religious uses may be permitted to continue in all zones.

RESIDENTIAL ZONE

Uses permitted

All residences including residential flats/

apartments, boarding houses, rest houses,

orphanage/old age homes/dharmasala, ashram/

mutts, professional offices and studios of the

residents, retail shops/professional offices/

commercial offices or establishments with total

floor area limited to 100 sq. m. in an individual

plot, ATMs, day care and creches, nursery/

kindergarden/primary school, library and reading

rooms, social welfare centres, clinics (out

patient), community halls total floor area up to

200sq.m. clubs total floor area up to 100 sq.m.

parks and playgrounds incidental to the

residential uses, taxi/jeep/autorickshaw stands,

public utility buildings such as water supply,

drainage and electric installations of a minor

nature and small service industries of a non-

nuisance nature (Annexure I) engaging not more

than 3 workers with power limited to 5 HP or 6

workers without power.

Uses restricted

(i)

Hostels, commercial offices total floor

area up to 200 sq.m. educational

institutions up to higher secondary

level, printing press, local/state/

central Government/public sector

offices, cultural and information

centres, parking plaza and smoke-house

attached to a residential building.

Remarks

Usage of items shall be

restricted by the executive

authority

with

the

concurrence of the Town

Planner of the State Town

Planning Service having

jurisdiction over the area.

(ii)

Other educational and research

institutions, fuel filling stations,

transmission/telecommunication

towers and wireless stations, small

auto garages engaging not more

than 5 workers and other non-

nuisance type service industries

(Annexure I) engaging not more

than 10 workers with power limited

to 10 HP or 20 workers without

power and areas or buildings for

religious uses.

Uses prohibited

Any other use not specified in para

1 and para 2 above.

COMMERCIAL ZONE

Uses permitted

Retail and wholesale shops, godowns

and ware houses, professional offices,

studios, commercial offices, banks and

financial institutions, clinics (OP), diagnostic

centres, police post/station, fire post/station,

post & telegraph office, community halls,

library & reading rooms, auditotrium/

wedding halls, theatres, cinemas, hostels,

hotels, lodging houses, restaurants, parking

plazas/taxi/jeep/autorickshaw/cart stand, bus

stands, parks and open spaces, non-nuisance

types of service and light industries

employing not more than 10 workers and

using 15 HP motors or employing not more

than 20 workers without power, existing

residential uses, residential buildings total

floor area upto 300 sq.m., public utility areas

and

buildings,

transmission/

telecommunication towers and wireless

stations and all existing uses permitted in

public and semi public use zone.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Chief Town Planner.

Remarks

Uses restricted

(i)

All residences, ashram/madam,

social welfare institutions, printing

presses, automobile service stations-

light vehicles, stacking yards, truck

terminals and all uses permitted in

public and semi-public use zone.

(ii)

Industrial uses of non-nuisance

character employing not more than

20 workers and not exceeding 30 h.p.,

Fuel filling stations and areas and

buildings for religious uses.

Uses prohibited

Any other use not specified in

para 1 and para 2 above.

INDUSTRIAL ZONE 1 AND 2

(NAGAMPADAM—CHUNGAM

INDUSTRIAL ZONE/NEAR RAILWAY

STATION/OTHER INDUSTRIAL ZONES

EXCEPT INDUSTRIAL ZONE 3)

Uses permitted

Non-obnoxious and non-nuisance

type of service or light industries,

residential uses incidental to

industrial use, residences total floor

area up to 300 square metre, shops

and offices, restaurant/canteen total

floor area up to 100 sq.m. godowns/

warehouses/storages non-hazardous

nature, automobile showrooms,

weighbridge, information technology/

software units, printing press,

information technology hardware/

electronic industries, stacking units,

automobile workshops, automobile

service stations-light & heavy

vehicles, spray painting workshops,

saw

mills,

transmission/

telecommunication towers and

wireless stations, parks and open

spaces, auto/taxi/jeep stand, parking

plaza, junk yards and public utility

areas and buildings.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Town Planner of the

State Town Planning Service

having jurisdiction over the area.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Chief Town Planner.

Remarks

Uses restricted

(i)

Residences (floor area above 300 Sq.m.),

ashram/mutt, hostels and boarding

houses, night shelters, orphanage/

old age homes, dharmasala, guest

houses/lodges,

educational

institutions upto higher secondary

level, technical training centre/poly

technique, library & reading rooms,

social welfare centres, local/state/

central government/public sector

offices.

(ii)

Fuel

filling

stations,

other

educational institutions, research &

development institutes, religious

centres, obnoxious and nuisance

character industries, minor storage

of explosives and fire works, poultry

farm, piggery farms.

Uses prohibited

Any other use not specified in

para 1 and para 2 above.

INDUSTRIAL ZONE 3 (KODIMATHA

INDUSTRIAL ZONE)

1. Uses permitted

All types of industries other than

obnoxious and nuisance type

Industries (See Annexure II), retail

business and whole sale business

incidental to the industries, storage

and godowns, public and semi-

public offices incidental to the

industrial use and ware-housing,

residences incidental to industrial

use, transmission/telecommunication

towers and wireless stations,

automobile showrooms, weighbridge,

information technology/software

units, parks and open spaces and

public utility areas and buildings.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Town Planner of the

State Town Planning Service

having jurisdiction over the area.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Chief Town Planner.

Remarks

Uses restricted

(i)

Residences total floor area not

exceeding 300 sq.m., night shelters,

guest

houses/lodges,

shop/

professional offices/banking and

financial institutions/restaurants and

canteen total floor area upto 200 sq.m.,

local/state/central government/public

sector offices, transport terminals,

landing places, junkyards and

stacking yards.

(ii)

Fuel filling stations, obnoxious and

nuisance type industries, minor

storage of explosives and fire works,

cremation ground/crematorium/burial

ground/common

vault,

gas

godowns, dairy farms, smoke house,

dumping yards, sewage treatment

plants.

Uses prohibited

Any other use not specified in

para 1 and para 2 above.

PUBLIC AND SEMI PUBLIC ZONE

1. Uses permitted

Local, State and Central Government

offices, social and cultural

establishments, community facilities

including

hospitals,

clinics,

educational institutions etc. public

utilities and related buildings and

religious buildings, transmission/

telecommunication towers and

wireless stations, residential uses

incidental to uses permitted and all

permitted activities in the residential

zone.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Town Planner of the

State Town Planning Service

having jurisdiction over the area.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Chief Town Planner.

Remarks

Uses restricted

(i)

Hostels, night shelters, guest

houses/ lodges, shops, professional

offices, commercial offices/

establishments,

banking

and

financial institutions, movie halls,

hotels,

market,

godowns/

warehouses/storage total floor area

upto 500 sq.m. non hazardous,

automobile showrooms, weigh-

bridge, printing press.

(ii)

Fuel filling stations, transport

terminals, cremation grounds, burial

grounds and related constructions,

dairy farms, poultry farms, piggery

farms, dumping yards, sewage

treatment plants.

Uses prohibited

Any other use not specified in

para 1 and para 2 (i) and 2 (ii) above.

PARK AND OPEN SPACE ZONE

Uses permitted

Tot lots, parks and open spaces,

traffic park, play grounds, fair

grounds, open air theatres and

outdoor games stadium.

In the parks and open space zone

in Nattakom Grama Panchayat area

all uses permitted in residential,

commercial and public and semi-

public use zones are also permitted.

Uses restricted

ATMs, Restaurants/Canteens total

floor area up to 50 square metre,

gymnasium/yoga centres.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Town Planner of the

State Town Planning Service

having jurisdiction over the area.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Chief Town Planner.

Remarks

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Chief Town Planner.

Uses prohibited

Any other use not specified in para

1 and para 2 above.

AGRICULTURAL ZONE

1. Uses Permitted

Agriculture and Horticulture, Pastures

and Grazing grounds, Fodder cultivation, Fish

farms, Seed farms, Pump houses, Wells and

irrigation ponds, Storage of agricultural

produces and seeds, Green houses

transmission/telecommunication towers.

Uses Restricted

(i)

Single family residential buildings of

total floor area upto 300 square

metre, Shops total floor area upto

100 sq.m., Cottage Industries,

Automobile work shop 2/3 wheelers

in areas which are substantially built

up with lawful residential buildings

on the date of this notification,

Dairy and Poultry farms and public

utility areas and buildings such as

water supply, drainage and electric

installations of a minor nature.

(ii)

Milk processing plants, storage and

processing of farm products, service

and repair of farm machinery, burial

grounds and cremation grounds and

religious uses.

Uses Prohibited

Any other uses not specified in

para 1 and para 2 above.

Remarks

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Town Planner of the

State Town Planning Service

having jurisdiction over the area.

Usage of items shall be

restricted by the executive

authority with the concurrence

of the Chief Town Planner.

GENERAL GUIDELINES

The zoning regulation shall be subject to the following additional

provisions or modifications, namely:—

In lands to a depth of 50 metres in residential zone and in lands to a

depth of 100 metres in commercial, public & semi public and industrial zones on

either sides of roads having an existing of proposed width of 12 metres of more,

uses permitted in residential, commercial and public and semi public zones may

also be permitted by the executive authority, if such uses are not allowable

otherwise in the zoning regulations.

In the case of roads having existing/proposed width of 25m the depth

of such mixed zone may be increased to 100m in residential zone and 200m in

commercial, industrial and public & semi public zones.

In the case of contiguous plots in residential zone, which have a

minimum frontage of 25m on such roads, mixed use as above may be permitted

to a depth of 100 metres for plots abutting roads having an existing or proposed

width of 12 metres or more and 200 metres for plots abutting roads having an

existing or proposed width of 25 metres or more.

However such uses may not

be permitted in the residential zone if the area is substantially developed as a

residential area.

In residential zones if the area is substantially developed as residential,

the zoning regulation spelt out in the scheme shall continue.

In residential zones, for hospitals, the following additional restrictions

shall applly:-

For hospitals; the minimum extent of land shall be 0.20 hectare with

coverage and floor area ratio limited to 30% and 1.0 respectively.

Coverage and Floor Area Ratio of all constructions (even if otherwise

mentioned anywhere in these guidelines)

under restricted uses for which

concurrence is granted in Residential zone, the provision for additional Floor

Area Ratio with fee as prescribed in the Kerala Municipality Building Rules 1999

will not be applicable.

Regulation of constructions on the sides of new roads/ roads proposed

for widening as per the scheme shall be governed by the distance from the

centerline of the road, unless otherwise specified in the Detailed Town Planning

Schemes or any detailed road alignments approved by the Chief Town Planner.

Regarding the assessment of permissibility of uses classified under the

category ‘Restricted Uses’, the Chief Town Planner may issue general

guidelines from time to time and such guidelines shall be adhered to by the

responsible authorities.”

(ii) The following shall be added at the end as the Annexue of the

scheme, namely:—

“ANNEXURE—I

Type of non-obnoxious and non-nuisance type of service or light

industries permissible in Residential zones

Flour Mills

Embroidery and lace manufacturing

Gold and silver smithy

Watch, Pen and spectacles repairing

Laundry, Drycleaning and dyeing

Photo and picture framing

Manufacture and repair of musical instruments

Automobile servicing (excluding repair)

Radio and Television servicing and repairing

10.

Cotton and silk printing

11.

Bakeries

12.

Confectioneries

13.

Cold storage

14.

Aerated waters and fruit beverages

15.

Manufacture of Tobacco products

16.

Garment making/tailoring

17.

Electroplating

18.

Bamboo and cane products

19.

Sports goods

20.

Cardboard box and paper products

21.

Domestic electrical appliances

22.

Toy making

23.

Furniture without machinery

24.

Wooden electrical accessories

25.

Copper, brass and metal utensils

26.

Small foundries

27.

Padlocks

28.

Sanitary fittings and other similar industries.

ANNEXURE—II

List of obnoxious or nuisance industries subject to objectionable odours,

fumes, effluents or processes to be located in the Industrial Zone

(Grouped under Indian Standard Industrial Classification)

Manufacture of food stuffs:

Slaughtering, preservation of meat, fish and cleaning fish.

Manufacture of Beverages:

Production of distilled sprits, wines, liquor etc. from alcoholic malt fruits

and malts in distillery and brewery.

Production of country liquor and indigenous liquor such as toddy,

liquor from mahua, Palm juice.

Manufacture of wood and wooden products.

Sawing and planning of wood

Wood seasoning and creosoting

Manufacturing of veneer and plywood

10.

Paper pulp and straw board

11.

Manufacture of leather and leather products:

12.

Curing, tanning and finishing of hides and skins and preparation of

finished leather.

13.

Manufacture of Rubber, Petroleum and Coal products:

14.

Manufacture of tyres and tubes

15.

Manufacture of Industrial and Synthetic rubber

16.

Reclamation of rubber

17.

Production of petroleum, Kerosene and other petroleum products in

Refineries

18.

Production of Chemicals and Chemical products

19.

Manufacture of Chemicals and Chemical products

20.

Manufacture of basic industrial chemicals such as acids, alkalies and

their salts not elsewhere specified (specially sulphurous, sulphuric,

nitric, hydrochloric etc. acids), ammonia, chlorine and bleaching powder

manufactures.

21.

Manufacture of dyes, paints, colours, and varnishes, printing ink etc.

22.

Manufacture of fertilizers (specially from organic materials)

23.

Manufacture of disinfectants and insecticides

24.

Manufacture of Ammunition, explosives and fire works

25.

Manufacture of Matches

26.

Manufacture of non-metallic mineral products other than petroleum and

coal :

27.

Manufacture of cement and cement products

28.

Manufacture of lime

29.

Manufacture of Plaster of Paris

30.

Manufacture of Basic metals and their products :

31.

Manufacture of Iron and Steel including smelting, refining, rolling and

conversion into basic forms

32.

Manufacture of including smelting, refining etc. of non-ferrous metals

and alloys in basic forms

33.

Manufacture of armaments

34.

Manufacture of machinery (other than transport) and electrical

equipment :

35.

Manufacture of all kinds of battery

36.

Miscellaneous items not covered above :

37.

Incineration, reduction or dumping of offal, dead animals, garbage

or refuse.

38.

Manufacture of gelatin and glue

39.

Fat, tallow, grease or lard refining or manufacture

40.

Bone meal, bone grist and bone powder

41.

Other similar types of nuisance industries.”

By order of the Governor,

S. M. VIJAYANAND,

Principal Secretary to Government.

Explanatory Note

(This does not form part of the notification, but is intended to indicate its

general purport.)

As per sub-section (2) of section 13 of the Town Planning Act, 1108

(IV of 1108)

Government may vary or revoke a scheme sanctioned under

section 12 of the said Act.

The Government have decided to vary the

Development Plan for Kottayam Town sanctioned in G.O.(Ms.) No. 190/79

LA & SWD dated 18th August, 1979 and published as S.R.O. No. 1064/79 in the

Kerala Gazette No. 38 dated 25th September, 1979 for the purpose of making the

zoning regulations compatible to the present development scenario.

A draft

notification for the purpose was issued vide G.O.(Ms.) No. 195/07/LSGD

dated 7th August, 2007 and published in the Kerala Gazette Extraordinary

No. 1532 dated 7th August, 2007.

After considering the objections/suggestions

received on the above draft proposal, Government have now decided to issue

the final notification.

This notification is intended to achieve the above object.