In the hospitality industry, zoning issues are a real  concern. Whether you are running a restaurant, bed and breakfast, hotel or other  business from a premise, the property must be zoned for such use. If it is not  correctly zoned, then your hard-earned profits will be applied towards penalty  payments and the business may be ordered to discontinue activities until (and  if) the re-zoning application has been successful. And do not acquiesce in  appearance: long usage of premises in contravention of zoning regulations  remain unlawful and open to penalty!
This principle was recently confirmed by our Courts in the  matter of City of Johannesburg v Ampcor Consulting CC. Ampcor had been using  premises contrary to the applicable zoning provisions for quite a while. The  premises were situated in an area where the land was zoned for agricultural and  residential dwelling use only, but had openly, over some 30 years, been used  more and more for business purposes. When the municipality took them to task on  the contravention, Ampcor argued that the municipality had waived its rights  through its acquiescence and otherwise could not enforce compliance with the  zoning provisions because of its undue delay in enforcement.  
The Court rejected these arguments because they were  irrelevant in the context of the municipality’s obligations to enforce  zoning provisions. The municipality, as a statutory body, is by law obliged to  observe and enforce the provisions of zoning schemes that are applicable in its  area of jurisdiction. The municipality has no power to act outside these  obligations and must observe and enforce the provisions of the zoning scheme.  It therefore  has no choice to exercise a discretion in such matters and  cannot acquiesce in any contraventions of the scheme. Put differently, the  municipality cannot by virtue of acquiescence be prevented from or excused from  the performance of its statutory duty. 
Therefore check up on your zoning allowances and where  necessary, approach a professional at STBB Smith Tabata Buchanan Boyes, via email: info@stbb.co.za to apply for  the rezoning of the property, or to apply for consent use, after removing any  restrictive conditions that may be applicable. 




