Draft KKLP2020 Memorandum

DRAFT KOTA KINABALU LOCAL PLAN 2020 MEMORANDUM
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TOWN AND COUNTRY PLANNING ORDINANCE

(SABAH CAP. 141)
MEMORANDUM TO KOTA KINABALU LOCAL PLAN 2020 Plan No.
DBKK/KKLP/01/2010-2020
Disclaimer:
The KK Local Plan 2020 Memorandum forms one part of the three (3) documents
(including KK Structure Plan 2030) and Written Statement which make up the Kota
Kinabalu Planning Studies 2030.
It Contains arrange of information including definition of terms and regulation on uses

of land within zones.
This Memorandum is subject to amendment only following public consultation.
The Kota Kinabalu Local Plan 2020 has been prepared in accordance
with the requirements of the Town and Country Planning Ordinance
(SabahCap.141), Kota Kinabalu City Hall gives its undertaking that it will
all the requirements of the Sabah Planning Ordinance in particular
sections 6 to 11.
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STATE OF SABAH
TOWN AND COUNTRY PLANNING ORDINANCE

DRAFT KOTA KINABALU LOCAL PLAN 2020
(SECTION 7 (1) (a))
CONTENTS
1. This Scheme may be cited as the Draft Kota Kinabalu Local Plan 2020.
2. This Scheme is divided into the following Parts:-
PART I : DEFINITIONS
PART II : CREATION OF ZONES & ITS PROVISIONS REGULATING

USES OF LAND
PART III : PROVISIONS REGULATING BUILDINGS
PART IV : VEHICLE PARKING STANDARDS
PART V : HIERARCHY OF ROADS AND TRAFFIC CONTROL
PART VI : DEVELOPMENT OF LAND
Note:
First Schedule – Zoning Plan with Legend
Second Schedule – Land Use Zoning Chart
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PART I:
DEFINITIONS
1. In this memorandum, unless the context otherwise requires:-
Accessories shall have the same meaning assigned to it in Land (Subsidiary Title)
Parcel Enactment 1972 (Sabah No.9 of 1972).
Agriculture means the use of land for the cultivation of any plants, fruit trees,
vegetables or flowers, or keeping, breeding and raising of livestock or
any other living thing for commercial production, but excludes any
cultivation or animal husbandry carried out mainly for the enjoyment
of, or consumption by, the owner(s) or occupier(s) of the land or any
other purpose defined.
Agricultural means a building used, wholly or partly, for the purpose of agriculture,
Building but does not include a dwelling house.
Airport means the use of land for the landing or departure of aircraft; the
term includes facilities provided at such premises for the housing,
servicing, maintenance and repair of aircraft and for the assembly of
passengers and goods prior to the transport of these passengers and
goods either to or from an airport.
Alterations include renovation, additions, extensions and changes to material in
any building.
Amenity in relation to an area or a locality includes such quality or condition in
the area or locality as contributing to its pleasantness and harmony
and to its better enjoyment.
Ancillary Use means the use of land which is ordinarily regarded as, and is in fact,
reasonably incidental to any particular use of land permitted, within
any zone, by or pursuant to this Scheme.
Apartment means a dwelling located within a building containing two or more
dwellings joined vertically and which is not an attached house, used
or constructed or adapted to be used wholly or principally for human
habitation for a single family, where the kitchen, lavatory and
bathroom or water-closet are contained within the separate dwelling;
and includes flats and condominiums.
Approved shall have the same meaning assigned to in The Town and Country
Scheme Planning Ordinance (Sabah Cap.141)
Balcony means any stage, platform oriel window or other similar structure
projecting outwards from the wall of a building and supported by
brackets or is cantilevered.
Basement means any storey of a building, which is at a level lower than the
ground storey.
Building means any building, erection, structure or any other building erected
on or made on any land and where the context so permits, includes
the land on which the building is situated.
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Building Line means the line prescribed by the Mayor beyond which no part of a
building may project except as permitted by the Mayor.
Building include any works, preliminary or incidental, to the erection of
Operations buildings shall have the same meaning assigned to in The Town and
Country Planning Ordinance (Sabah Cap.141)
Commercial means buildings where more than 50 per cent of its floor area may be
Building used for commercial activities (excluding areas used for elevator
shafts or stairwells, fixed mechanical plant or motor car parking).
Conservation means an area set apart for the purpose of conservation or
Area preservation of natural and/or cultural values.
Consulting means a building or part of a building including health facilities used
Rooms in the practice of his profession by a medical, veterinary or dental
practitioner, or by a practitioner in any curative or healing science.
Depth in respect of a building means the measured distance between the
front line of the building and the back line of the rear main wall which
separates the main building from the rear property line.
Designated means land which is reserved for roads or systems of transport or
Land allocated for buildings of a specified class or classes or designated for
the siting of community facilities and public utilities, or zoned for open
space or the preservation of amenities or allocated for sites for use in
relation to telecommunications in accordance with the Third Schedule
to the Memorandum.
Detached means any building not attached to any other building.
Building
Detached means a detached building comprising one dwelling house.
Dwelling House
Detention means a pond used to retain storm-water for several hours before it
Pond is allowed to drain into rivers or the sea.
Drainage means an area or a strip of land reserved for the purpose of a drain,
Reserve floodway or detention pond whether existing or proposed.
Dwelling House means a house designed for use as a dwelling by a single person or
family (including servants) together with such outbuildings as are
ordinarily used therewith, and occupying an allotment or plot of land
held exclusively with the dwelling house, but does not include a flat
or multiple dwelling.
Education Means a primary or secondary school, college, university, technical
Establishment institute, academy, but does not include a kindergarten or children
nursery.
External Wall means an outer wall of a building not being a party wall
notwithstanding that it may immediately adjoin a wall of another
building.
Fence includes any boarding or paling used as such, and also banks and
walls.
Floor includes any horizontal platform forming the surface of any storey
and every joints, board, timber, stone, brick or other substance
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connected with, or forming part of such platform; and Includes

mezzanine floor.
Gross Floor all covered floor areas between the centre line and the external wall
Area of a building including projection such as balcony but shall exclude
voids and any area used solely for rooftop. Uncovered areas for
commercial uses shall be deemed the gross floor area of the building.
Ground Storey means the lowest storey of a building to which there is an entrance
from the outside on or above the level of the ground at the front of
the building.
Health Facility means the use of land for providing health care services (including
diagnosis, preventative care or counselling) or medical or surgical
treatment to out-patients only.
• hospital;
• baby health clinic;
• consulting room;
• dental clinic;
• dental surgery;
• doctor's surgery;
• family planning clinic;
• first aid station;
• health centre;
• medical centre/clinic;
• veterinary surgeon; and
• x-ray centre.
Heavy means any industry the carrying on of which, by reason of the
Industries processes employed, the methods of manufacture adopted or the
particular materials or goods used, produced or stored, is likely to
cause or create dust, fumes, vapor, smells gases or noise so as to
produce conditions which are, or may become offensive to the
occupiers or users of lands adjacent to the land on which (whether
wholly or partly) the industry is constructed.
Height in relation to:-
• a room means the vertical distance measured between the
finished floor level and the underside of the ceiling excluding the
thickness of the plaster;
• any storey means the vertical distance measured between the
upper surfaces of its floor to the upper surface of the floor
immediately above it; and
• a wall means the vertical distance measured from the base of the
wall to its highest part or, in the case of a gable, to half the height
of the gable.
Hotel shall have a same meaning ascribed to it under Hotel & Lodging House
By-Law.
Land shall have a same meaning ascribed to it under Land Ordinance (Sabah
Cap. 68).
Landscape means the treatment of land for the specific purpose of:-
Buffer • enhancing or protecting the amenity of neighbouring land.
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• meeting engineering or environmental standards by:-

o screen planting or shelter belt planting;
o acoustic treatment including mounds etc.;
o amenity landscaping; and
o other landscaping required, supplementing adjoining areas.
Light Industry means an industry: -
• in which the processes carried on, the materials and machinery
used and the transportation of materials, goods and commodities
to and from the land on or in which, wholly or in part, the industry
is conducted will not: -
o detrimentally affect the amenity of adjacent lands by reason
of the emission of noise, vibration, smell, fumes, smoke,
vapor, steam, soot, ash, dust, waste water, waste products,
grit, oil or otherwise howsoever; or
o directly or indirectly, cause dangerous or lead to congestion in
the traffic conditions in any nearby street or road.
Lot means: -
 in relation to development of land with individual subsidiary title
shall have the same meaning assigned to it in the Land (Subsidiary
Title) Enactment 1972 (Sabah No.9 of 1972); or
 in relation to development of land with individual subdivided title
to be applied for, the subdivided lot as shown in the development
plan and approved by the Mayor and where there is no subdivision
of title, the lot as shown in the document of title and on which the
said development is carried out..
Mayor shall have the same meaning assigned to it under city of Kota Kinabalu
enactment 1996.
Medium means an industry, not being a light, hazardous, offensive or mining
Industry industry, in which the processes carried on, the transportation
involved or the machinery or materials used have the potential to
interfere with the amenity of the locality by reason of noise, vibration,
smell, fumes, smoke, vapor, steam, soot, ash, dust, waste water,
waste products, grit, oil or otherwise.
Mixed-Use means a development that incorporates both commercial and
Development residential development in a single unified development.
Ordinance means the Town and Country Planning Ordinance (Sabah Cap. 141).
Open Shed roofed structure without enclosure.
Open Space means any land whether enclosed or not which is laid out or reserved
for laying out wholly or partly for recreation purposes such as
gardens, parks, playgrounds, jogging tracks, cycling tracks, sports and
recreation ground, pleasure ground and walk; and whether as a
public place or otherwise.
Owner shall have the same meaning assigned to it in the Land Ordinance,
1930 (Sabah Cap.68).
Parcel shall have the same meaning assigned to it in Land (Subsidiary Title)
Enactment 1972 (Sabah No.9 of 1972).
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Place of means a building used or designed for use mainly as a mosque,

Worship church, chapel, temple or other place of religious worship but does
not include a building where one or more rooms are set aside for
ancillary use as a chapel, surau or other religious.
Residential means a building or part thereof designed, adapted or used for human
Building habitation and includes a dwelling house and apartment building.
Resort means any place frequented by people for relaxation or recreation.
Retention pond a retention pond is designed to hold a specific amount of water
indefinitely. The pond is designed to maintain a certain amount of
water and to spill over when the water level exceeds the pond's
designed capacity.
Ridge means an area that is protected to preserve its inherent visual
conservation qualities, provide a visual contrast to built-up areas, and to protect
areas which are on slopes from unsuitable development.
Road Means any road whether public or private and includes any street,
square, court, alley, lane, bridge, footway, bridle path ,passage or
highway whether a thoroughfare or not; and all channels, drains,
ditches and reserves at the side of any road shall be deemed to be
part of such road.
Road reserve means a strip of land reserved for the purpose of a road whether
existing or proposed and includes the space required for drainage,
water and electricity supply, street lighting, sewerage and
telecommunication line.
Room means any portion of a building enclosed by walls or partitions.
Scheme means the Kota Kinabalu Local Plan 2020.
School means any building or part thereof designed, adapted or used for the
dissemination of knowledge and includes a crèche. Same meaning
assigned to it under
Site means in relation to a building includes the area of any office, out-
building, yard, court or garden occupied or intended to be occupied
therewith.
Storey means the space between the upper surface of every floor and the
surface of the floor next above it, or if there be no such floor then the
underside of the tie or collar beam of the roof or other covering or if
there be neither tie nor collar beam, then the level of half the vertical
height of the underside of the rafters or other support of the roof.
Subdivided means a building having two or more storeys which is capable of being
building subdivided into parcels as defined in section 2 of the Land (Subsidiary
titles) Enactment 1972
dwelling house includes a dwelling house which is capable of being issued a subsidiary
with individual title
subsidiary title
includes a dwelling house which is capable of being issued an

individual subdivided title
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dwelling house
with individual
subdivided title
Supermarket means a large shop or store selling foods and other house hold goods.
Subsidiary shall have the same meaning assigned to it in the Land (Subsidiary
owner Title) Enactment 1972 (Sabah No.9 of 1972).
Terrace House means one of a group of dwelling houses whether of one or more
storey each being the only dwelling house on its site and each (except
for the end unit at each end) being joined to one dwelling house on
each side by a wall common to both that meets the requirements of
Mayor By-Laws for a party wall between dwelling houses and if an end
unit being so joined on one side.
Utilities include roads, water and electricity supplies, street lighting,
sewerage, drainage, public works, and other similar public services
and conveniences.
Warehouse means any building or enclosed land mainly used for the storage of
goods and includes the carrying out of commercial transactions
involving the sale or movement of such goods.
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PART II:
CREATION OF ZONES AND THE PROVISIONS REGULATING USES OF LAND

1. (a) There are hereby created for the purpose of this Scheme, the several zones
indicated in the manner provided in this Part.
(b) Each of the zones so created: -
i. is depicted on the Zone Map and Legend constituting the First Schedule and is
therein and thereby given its boundary and position by a boundary line margined
in heavy black lines, colour or otherwise from the legend;
ii. in and by the Zone Map is given the zone names included in the legend, the
designatory letters of which zone name appear within the limits of the boundary
line or otherwise from the legend;
iii. Land Use Zones as prescribed in the Zone Map are set forth in the Land Use Zoning
Chart constituting the Second Schedule and is therein includes of the following
details: -
• the land use zones indicated in the first column of the land use zoning chart;
• the specific land uses indicated at the head of the each column beginning
from the column 3 to column 9 of the land use zoning chart;
• the symbol of Permitted Use, Conditional Use and Not Permitted Use
occurring horizontally opposite to the description of a particular zone or
subzone of the first column of the land use zoning chart;
• the land uses are indicated by the following symbol:-

Symbol Description
P Permitted Use
C Conditional Use
NP Not Permitted Use
• Subject to the provisions of this Scheme the development of any land in

connection with any land use designated as a conditional use in the Land
Use Zoning Chart, shall not be approved unless a written consent from the
Mayor is obtained.
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The Mayor shall have regard to the following matters, namely: -
• The provisions of this Scheme and any other Approved Scheme applicable
to the subject land including the purposes for which the categories of land
use zones were created as set forth in the Part II of this Memorandum;
• The public interest;
• The economic servicing of the development with particular regard to the

provision of water supply, electricity, sewerage, drainage, access and solid
waste management;
• The representations by the Director of Public Works or his agent, body

corporate or other authority responsible for the provision of roads, sewers
and water, electricity and public transport services;
• The means of entry to and egress from the existing or proposed new roads
and measures to be taken to ensure the free flow of traffic having regard
to the classification and capacity of roads in the locality;
• The character of the proposed development in relation to existing or future

development on adjoining land in the locality and in particular the
avoidance of conflict of land uses which are incompatible; and
• The preservation of amenity including landscaping and open space.
When a Mayor is required to consider any development that is a Conditional Use

within the particular Zone, the Mayor shall clearly indicate the conditions which
would need to be satisfied, conditions under which such use will be assessed and
may be permissible and the conditions to be attached to the approval if such an
approval is granted.
2. No alterations to any boundaries of a zone created by this Scheme shall be permitted

except by way of a subsequent Approved Scheme under the provisions of the
Ordinance.
3. All detailed locations of zone boundaries should where practical be measured from the
cadastral boundaries and not from any topographic features.
4. The provisions of this Scheme are applicable to the subject land including the purposes
for which the land use zones are created as follows:-
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(a) Residential Zones
i. Residential 'Special'
This zone is intended primarily to accommodate detached dwellings but
retain the character of the site and adjoining lands and also protect views
to adjoining areas over or between the dwellings. The maximum height of
dwellings is generally 15 metres and maximum number of dwellings is 10
houses per hectare (4 houses per acre). Housing lots less than 700 square
metres shall not be permitted.
ii. Residential 'Low Density'

This zone is intended primarily to accommodate a maximum of 30 dwellings
per hectare. (12 dwellings per acre) The maximum height of such dwellings
is 15 metres.
iii. Residential 'Medium Density'

This zone is intended primarily to accommodate a maximum of 80 dwellings
per hectare or 32 dwellings per acre). The average height of dwellings in this
zone is generally 5 storeys but may be taller.
iv. Residential 'High Density'

This zone is intended primarily to accommodate the maximum number of
dwellings and population living in the inner areas of Kota Kinabalu City. This
can only be achieved by concentrating development on high rise apartment
buildings (5 or more storeys).
v. Kampung Reserve
This zone is intended to accommodate detached dwellings constructed of a
mix of timber and permanent materials, on un-subdivided blocks, at a
maximum 15 dwellings per hectare (6 dwellings per acre). Block sizes and
dimensions should not be less than 450 square metres and 15 x 30 metres.
Maximum building heights is 2 storeys. The purpose of this zone is to
recognize gazette kampung reserves and the need to accommodate fairly
informal housing and road layouts while not compromising on the provision
of adequate road reserves for access of private, public transport, garbage
collection, ambulance, fire services and maintenance vehicles as well as
drainage reserves.
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(b) Commercial Zones
The hierarchy of commercial zones are as follows-
i. Central Business District

The Central Business District is the commercial and business centre of a city.
It is usually typified by a concentration of commercial buildings such as retail
shops, office buildings and hotel accommodations. The Central Business
District usually has an urban density higher than the surrounding districts of
the city and is often the location of the tallest buildings in the city.
ii. Town Centres

The town centre is the commercial centre or core area of a town. It is the
most significant employment node as well as the primary centre for retailing
and shopping outside the Central Business District. It is also the centre of
communications with major public transport hubs such as train or bus
stations. Public buildings including town hall, museum and library are often
found in town centre. In addition to its town level function it will also have
a major role to play at the metropolitan level. Town Centres should have
land (or space within a building) set aside for a police station, bomba, post
office, supermarket (minimum 1,000 square metres each), health centre,
medical and dental surgeries, pharmacy, bank and news agency, town
centre library, market and public toilets. Larger town centres will typically
have one or more departmental stores and a cinema complex. Government
offices and Libraries are best located at Town Centres.
iii. Group Centres

Group e t es p o ide eside ts f o a g oup of su u s ith a le el of
shopping, personal services and community facilities which cannot be
supported at the neighbourhood level. Group Centres should ideally be
located as conveniently as possible to the residential population and this
degree of accessibility generally requires Group Centres to be near the
junction of major roads and to be visible to passing traffic. Group Centres
should have land or space within a building set aside for a police station,
supermarket (minimum 500 square metres each), medical and dental
surgeries, pharmacy, news agency and public toilets.
iv. Local Centres

Local centres provide the retail facilities most regularly used by residents
and which can be most conveniently located within the catchment of the
residential areas. In providing this service it is desirable that reasonable
opportunity be provided for residents to walk or cycle to the local centre. It
is recommended that the minimum area of the site for a shop shall be 111.5
square metres. Generally, 9 metres x 12 metres. Local Centres should have
land or space within a building set aside for a supermarket (minimum 500
square metres), medical and dental surgeries, pharmacy, and news agency.
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Filling Stations selling convenience goods and containing dining facilities

may be considered as satisfying the needs of a Local Centre.
v. Mixed Use Zone

This zone is intended for a single unified development that incorporates
both commercial and residential development but not necessarily in the
same building. Such development may also consist of a mix of low and high
rise buildings to accommodate a variety of residential buildings and
commercial buildings such as restaurants, cafes, office, bank, hotel and
limited retail. In approving development in areas earmarked for Mixed Uses
the Mayor may impose an upper limit (or a minimum limit) on the Gross
Floor Area (GFA) for development of one or more classes of land use. The
Local Authority may also restrict commercial or other uses to certain
buildings or to a certain floor or floors (e.g. only ground floor) of all buildings
within an area.
(c) Industrial Zone
i. Light Industry
This zone is intended for industrial activity that will not detrimentally affect
the amenity of adjacent lands by reason of the emission of noise, vibration,
smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste
products, grit, oil or otherwise howsoever.
ii. Heavy Industry

This zone is intended for industry activities which by reason of the processes
employed, the methods of manufacture adopted or the particular materials
or goods used, produced or stored, will cause or create dust, fumes, vapour,
smells gases or noise so as to produce conditions which are, or may become
offensive to the occupiers or users of lands adjacent to the land on which
(whether wholly or partly) the industry is constructed.
(e) Government and Community Facilities

This zone is intended to accommodate Government buildings such as Educational
Establishments, Health Facilities, Safety and Security, Detention Centre and
Community Facilities.
(f) Hotel and Resort Zone

This zone is intended to accommodate all star Hotels. Where the hotel is to be
developed within a resort it will generally be on a large piece of land in single
ownership and contain other attractions within the site such as a 9 or 18-hole golf
course, marina (where it is located on the foreshore), chalets and apartments.
(g) Open Space
This zone is primarily intended for recreation purpose and consists of any land
whether enclosed or not which is laid out or reserved for laying out wholly or
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partly for the purpose of sports and recreation such as gardens, parks,
playgrounds, jogging tracks, cycling tracks, sports and recreation ground, pleasure
ground and walk; and whether as a public place or otherwise. It may include public
amenities, softscape and hardscape features.
(h) Swamp / Wetland Conservation

This zone comprises low lying land with mangrove cover and includes parts of the
foreshore and land covered with water and is intended primarily to be retained in
an undeveloped state but this zone may be used for wharf age, jetties and log
ponds.
(i) Rural Zone

This zone comprises land which is to be retained primarily for agricultural
purposes. The size of blocks in rural zones should not be less than 0.75 of a hectare
(80,722 square feet).
(j) Ridge Conservation

This zone is applied to areas that provide natural landscape and visual backdrops
to urban city development, act as buffers between different land use types and
contribute to the City's character and its setting.
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PART III:
1.0 PROVISIONS REGULATING BUILDINGS
1. Every plan for development of land submitted to the Mayor after the coming into force
of this Scheme shall conform to the requirements prescribed in this Memorandum
2. The requirements prescribed in this Memorandum in respect of the development of

land within the area of the Scheme shall comprise the various development control
parameters pertaining to:-
(a) Residential development;

(b) Commercial development;
(c) Industrial development;
(d) hotel and other accommodation facilities;
(e) place of worship;
(f) civic and community institutions;
(g) educational institutions;
(h) heritage; and
(i) provision of open space.
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2.0 RESIDENTIAL DEVELOPMENT
2.1 Overview
1. Residential developments are divided into the following types of developments:-

(a) dwelling houses with individual subdivided title;
(b) dwelling houses with individual subsidiary title; and
(c) dwelling units in a subdivided building such as apartments, condominiums or
flats.
2. These developments shall be subject to land use zone, building height limit and setback
requirements as prescribed in this Memorandum
3. The maximum number of dwellings in any residential developments shall comply with
density specified in Table 1: -
Table 1: Density of residential zones

Residential Zoning Density (Maximum Number of Unit)
Residential Special 10 units per hectare (4 per acre)
Residential Low Density 30 units per hectare (12 per acre)
Residential Medium Density 80 units per hectare (32 per acre)
Residential High Density More than 80 units per hectare (32 per acre)
2.1.1 Parameters
2.1.1.1 Building height limit
The building height limit for a dwelling house shall be such as prescribed in Paragraph
2.2. In the case of apartment building, the building height is subject to the height limits
set by the Department of Civil Aviation.
2.1.1.2 Floor-to-floor height
In addition to building height limits, the minimum floor-to-floor height of a dwelling

house or an apartment building shall be such as prescribed in Table 2. The floor-to-floor
height shall be measured from the upper surface of every floor to the upper surface of
the floor next above it and shall include a mezzanine floor. In the case of a building with
pitched roof, the floor to floor height of the upper-most storey shall be measured from
the surface of the floor slab of such storey to the springing line (i.e. the line joining to
the point where the roof rest). A mezzanine floor shall be deemed a floor and the space
above such mezzanine floor shall be deemed a storey for the purpose of this Scheme.
Table 2: Minimum floor-to-floor Height
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Storey Minimum Floor-to-Floor Height
Ground Floor 3.6 metres
First Floor and above 3.3 metres
Note: Refer Figure 1 and Figure 2 for guidance
Figure 1: Floor-to-floor height for an apartment building
Figure 2: Minimum floor-to-floor height for a dwelling house
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Note: this requirement shall apply to a detached house, semi detached, terrace link and
town house.
2.1.1.3 Setback requirements
Every building in a residential development shall be set back in accordance with the
requirements prescribed in this Part.
The setback of every building shall be measured from: -

(a) its lot boundary;
(b) the building line of another building; and
(c) the boundary of a road, drain, easement, riparian reserve or any other utility
reserves.
Building projections such as bay windows, balcony, ledge, canopy, sun shading device
and other minor building projections may be allowed provided these projections shall
not protrude more than 1.0 metre into the setback zone:
Provided further, the underside of any bay window shall not be less than 0.5 metre
above the ground.
Figure 3: Typical side showing projections of a dwelling house
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Figure 4: Typical front showing projections of a dwelling house
Figure 5: Typical front showing projections of an apartment building
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2.2 Residential developments for dwelling houses
1. Residential developments for dwelling houses are divided into the following
categories:-
(a) dwelling houses with individual subdivided title; and
(b) dwelling houses with individual subsidiary title.
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2.2.1 Residential development for dwelling houses with individual subdivided title.
1. A residential development for dwelling houses with individual subdivided title shall
comprise the following types dwelling houses:-
(a) detached house;
(b) semi-detached house; and
(c) terrace house or link house.
2.2.1.1 Detached house
(a) Minimum setback requirements

i. The minimum setback requirements for a detached house shall be such
as prescribed in Table 3.
ii. Every car porch shall be set back by a minimum of 1.5 metres from the
front boundary and a minimum of 1 metre from the side boundary to its
roof eave.
iii. Every open shed shall be set back by a minimum of 1.5 metres from the
rear boundary and a minimum of 1 metre from the side boundary to its
roof eave.
Table 3: Minimum setback requirements for a detached house

Building Height in Minimum Setback in Metres (m)
Metre (m) Front Setback Rear Setback Side Setback
Not Exceeding 8 Metre 6 3 3
More Than 8 Metre 6 6 3
Note: Refer Figure 6 for guidance
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Figure 6: Minimum setback for a detached house
Figure 7: Cross Section A – A’: Pa a ete s fo detached house
(b) Building height limit

i. No detached house shall exceed the height of 15 metres from the lowest
floor at open ground level to the highest point of the building. Note: the
lowest floor at open ground level includes any partially exposed
basement but shall exclude a completely embedded basement.
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i. The springing line of any open shed or car porch constructed within the
setback zone shall not exceed the height of 5 metres from the ground
level.
ii. Where an open balcony constructed within the setback zone is also
designed to serve as a car porch, the upper surface of the said balcony
floor slab shall not exceed the height of 5 metres from the ground level
Figure 8A: Cross Section B – B’: Pa a ete s fo a detached house
Figure 8B: Cross Section B – B’: Parameters for a detached house
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Figure 9: Cross section showing minimum setback requirements and building height
limit for a detached house on slope area
(c) Land area and dimension
i. No subdivision of land for the purpose of a detached house shall be

allowed unless the following requirements are complied with:-
 the land area of the subdivided lot shall not be less than 300 square
metres; and
 the length and width of the subdivided lot shall not be less than 15
metres respectively. note: refer figure 10 for guidance
ii. The requirements prescribed in paragraph i above shall not apply to any
land which was already subdivided for the purpose of a detached house
at the time this Scheme comes into operation.
25
Figure 10: Land area and dimension
26
2.2.1.2 Semi-detached house

i. The minimum setback requirements for semi-detached house shall be
such as prescribed in Table 4.
front boundary and a minimum of 1 metre from the side boundary to its
roof eave.
rear boundary and a minimum of 1 metre from the side boundary to its
roof eave.
Table 4: Minimum setback requirements for a semi-detached house

Figure 11: Minimum setback for semi-detached house
27
Figure 12: Cross Section A – A’: Pa a ete s fo a semi-detached house
(b) Building height limit

i. No semi-detached house shall exceed the height of 13 metres from the
lowest floor at open ground level to the highest point of the building.
Note: the lowest floor at open ground level includes any partially exposed
basement but shall exclude a completely embedded basement.
ii. The springing line of any open shed or car porch constructed within the
level.
iii. Where an open balcony constructed within the setback zone is also
designed to serve as a car porch, the upper surface of the balcony floor
slab shall not exceed the height of 5 metres from the ground level.
Figure 13A: Cross Section B – B: Parameters for semi-detached house
28
(c) Land area and dimension
i. No subdivision of land for the purpose of a semi-detached house shall be

allowed unless the following requirements are complied with:-
 the land area of the subdivided lot shall not be less than 200 square
metres; and
 the length and width of the subdivided lot shall not be less than 9.5
metres respectively.
ii. The requirements prescribed in paragraph x above shall not apply to any
land which was already subdivided for the purpose of a semi-detached
house at the time this Scheme comes into operation.
29
2.2.1.3 Terrace house

i. The minimum setback requirements for a terrace house shall be such as
prescribed in Table 5.
front boundary to its roof eave.
rear boundary to its roof eave.
iv. In the case of a corner or end unit:-
 Every car porch shall be set back by a minimum of 1.5 metres from
the front boundary and a minimum of 1 metre from the side
boundary to its roof eave;
 Every open shed shall be set back by a minimum of 1.5 metres from
the rear boundary, and a minimum of 1 metre from side boundary
to its roof eve.
(b) Building width

i. No terrace house shall be less than 6 metres in width.
ii. For the purpose of this Scheme, width shall mean the distance between
the two common walls of an intermediate unit and in the case of a corner
or end unit, the distance between the common wall and the side wall.
Table 5: Minimum setback requirements for terrace houses

Note: Refer Figure14 for guidance
Figure 14: Minimum setback for terrace house
30
Figure 15: Cross Section A - A': Parameters for terrace house
(c) Building height limit

i. No terrace house shall exceed the height of 13 metres from the lowest
floor at open ground level to the highest point of the building.
Note: the lowest floor at open ground level includes any partially exposed
basement but shall exclude a completely embedded basement
ii. The springing line of any open shed or car porch constructed within the
level.
31
iii. Where an open balcony constructed within the setback zone is also
designed to serve as a car porch, the upper surface of the balcony floor
slab shall not exceed the height of 5 metres from the ground level.
Figure 16: Cross Section B - B: Parameters for a terrace house
(d) Land area and dimension
i. No subdivision of land for the purpose of a terrace house shall be allowed

unless the following requirements are complied with:-
 the land area of the proposed subdivided lot shall not be less than
150 square metres for the end or corner unit and 100 square
metres in the case of an intermediate unit; and
 the width of the proposed subdivided lot shall not be less than 6
metres.
ii. The requirements prescribed in paragraph x above shall not apply to any
land which was already subdivided for the purpose of a terrace house at
the time this Scheme comes into operation.
32
2.2.1.4 Odd-shaped residential lot
Where the development of land for a detached house is proposed on an odd shaped
residential lot the minimum front setback requirement prescribed in paragraph x may
be relaxed. Shall not apply. May be exempted from the requirements prescribed in
Paragraph 2.2 for corner terrace, semi-detached and detached house on existing odd-
shaped lots (e.g. triangular or elongated with long road frontage and shallow depth) are
may be relaxed than regular lot. This is because the buildable footprint of such lots with
long road frontage will be severely constrained if the standard 6 metres front setback
requirement from the boundary is applied.
The standard front setback of 6 metres will apply for a width of 8 metres, measured
from the common boundary line with the adjoining neighbour. Beyond the 8 metres
width, a reduced front setback of 3 metres is allowed. Refer to Figure 18 for illustration.
All other control such as the setback of car porch or open shed follow the guideline for
Landed Residential. This relaxed setback does not apply to proposals where the odd-
shaped lot is created out further subdivision of land for 2 or more units (refer Figure
19). The criteria to qualify for the more relaxed front setback for such lots are:-
(a) Constrained site where the resultant building footprint cannot achieve a
meaningful layout after complying with the standard 6 metres front setback
requirement;
(b) The odd-shaped configuration is an existing lot configuration and not created by
subdividing regular or less regular-shaped lots; and
(c) The odd-shaped site front a local distributor road.
Every dwelling house on an odd shaped residential lot complies with the following
requirements:-
(a) An access of not less than 8 metres in width shall be provided at the front of the
building;
(b) The building line parallel to the 8 metres wide access shall be set back by at least
6 metres;
(c) Beyond the 8 metres wide access, the building setback may be reduced to a
minimum of 3 metres; and
(d) Any open shed or car porch shall be set back a minimum of 1.5 metres from the
front boundary and 1 metre from the side boundary to its roof eave.
33
Figure 18: Minimum setback requirements for a dwelling house on existing odd-
shaped residential lot
34
Figure 19a: Example of sites that cannot qualify for the reduced front setback rephrase
35
Figure 19b: Example of Sites That Cannot Qualify For the Reduced Front Setback
rephrase
36
2.2.1.5 Driveway
No driveway to any dwelling house shall exceed 3.6 metres in width unless a removable
grille is provided on the driveway for ease of maintenance of the drain below it. The
removable grille shall be of such size and dimension as the Mayor may determine. (see
Figure 20)
Figure 20: Driveway to detached house
Where the frontage of a lot is less than 8 metres in width, the driveway to the said lot
shall be paired up with the adjacent lot in order to ensure there is sufficient space for
a planting verge. (see figure 20 ) check again
Figure 21: Driveway to terrace house
37
2.2.1.6 Zero Rear Setbacks
(a) Where a lot abuts a public open space, the rear setback requirements as
prescribed in paragraph x for (terrace and semi-detached house) shall not apply.
The dwelling house on the said residential lot may be constructed up to the rear
boundary.
38
2.2.1.7 Alteration, Renovation, Extension and Reconstruction of Existing Residential

Building
(a) Overview
As the lifestyle preference and requirements of home owners change over time,
home/house owner may alter, renovate, extend or reconstruct the existing building to
meet their changing lifestyle. Such renovation work is likely to generate a significant
amount of noise and dust which may inconvenience to the neighbours.
Depending on the type of building and renovation involved, the house owner may be
required to obtain approval from the Mayor in accordance Building By laws. An approval
from the Mayor is required for any additions or alterations to the building if such
additions or alterations to the building:-
i. affect the external facade of the building;

ii. result in an increase of the gross floor area;
iii. structurally changes to the existing landed dwelling house such as replacing or
constructing new columns/beams and reconstructing existing floor slabs;
iv. increase in storey height – Changes/replacement of any part of the roof when it
involves an additional storey; and
v. change in housing form – Works which result in a change to the landed dwelling
house form, for example, from semi-detached house to detached house.
(b) Preparing to Start Works
To promote good neighbourliness and harmonious living in the landed residential,

house owner is encouraged to inform their neighbours of their plans and estimate
duration of construction (i.e.: the construction periods). Written consent from the
neighbour shall be obtained during this time if the works require access to the
eigh ou s p ope t du i g o st u tio pe iod.
House owner shall take the necessary safety measures to prevent the construction
debris from falling i to the eigh ou s p ope t . “u h easu es i ludi g p o idi g
hoarding or netting along the common boundary walls.
(c) Conducting Reconstruction, Pilling / Excavation Works
Any reconstruction, pilling or excavation works require house owner to conduct pre-
construction survey of the properties nearby before commencing construction so that
all pre-existing condition are recorded. The report can be used as a reference for any
future dispute or damages claims by any neighbours.
The submitting engineer should conduct an assessment of the impact, such as

disturbance and damages, of the proposed construction works on the surrounding.
39
For any works around the established residential area or infill development, type of
pilling system should using a less invasive foundation system to avoid damages. For this
system, it is compulsory to use Micro Piles or Jack-in-piles which generate less noise and
vibration.
For excavation or construction of basement or sunken swimming pool abutting to

common boundary, in which involving excavation works deeper than 1.5 metres,
builder should adopt suitable Earth Retaining and Stabilizing System to avoid excessive
ground movement and damages of neighbouring properties.
(d) Constructing, Extending or Treating Party Walls
No extension or alteration of the party wall may be allowed unless: -

i. such extension or alteration is in accordance with the provisions of this Scheme
and any other law for the time being in force; and
ii. consent from the owner of the adjacent unit has been obtained.
Where there is no consent from the neighbour, a setback of 1 metre shall be provided
from the common boundary to the new extended building structure.
For horizontal and vertical extension on semi-detached and Terrace house which
involve constructing and extending of new party wall right up to common boundary
should comply the followings: -
i. written consent from the neighbour shall be obtained during this time if the works
e ui e a ess to the eigh ou s p ope t du i g o st u tio pe iod.
ii. there should not be any gaps between the new party wall and the boundary line
as it will cause problems like water collection leading to mosquito breeding;
iii. there shall be no hacking of the existing party wall to create a recess to embed
new walls, columns of beams;
iv. the existing party wall should not be used as a formwork or support for
construction works;
v. proposed to increase the building height or to build a new rear extension require
the house owner to plaster and paint the new/extended party wall and treat any
exposed roofing as soon as the extended structure are built; and
vi. a p oposal to deta h o eaka a a e isti g house f o the a utti g
neighbour should obtain consent letter from the affected neighbour. For
example, to redevelop existing semi-detached house into a detached
house/bungalow. The resultant demolition will turn what used to be a party wall
into exposed blank wall, therefore the exposed wall shall be plastered and painted
to prevent rainwater from seeping in.
(Note: all the above bold text to be included in the condition of Building Plan
Approval)
40
(e) Conversion of Semi-Detached Dwelling House to Detached Dwelling House
A semi-detached dwelling house may be converted into detached dwelling house in the
following circumstances: -
(a) for the purpose of amalgamation of the two (2) semi-detached units; and
(b) there is an agreement from the respective owners to convert both semi-detached
units into two separate detached dwelling houses.
• provided that all the setback requirements and the lot size for detached
dwelling house are complied with.
(f) Constructing, Extending Or Shifting Boundary Wall/Fencing
The boundary wall/fencing located at the boundary line that defines the ownership of
the property. There should not be any gaps between the boundary wall and the
property. The maximum height allow for boundary wall/fencing is 1.5 metres.
No reconstruction, repair, refurbishment or replacement of the existing boundary wall

may be allowed unless:-
(a) approval from the Mayor is obtained; and

(b) the owners of the properties concerned give written consent.
The alignment of all boundary walls shall not be shifted, moved or altered. The erection
or construction of any additional wall parallel, along or adjacent to the existing
boundary wall is prohibited.
41
2.2.2 Residential development for dwelling houses with individual subsidiary title
2.2.2.1 Overview
A residential development for dwelling houses with individual subsidiary title shall
comprise the following types of dwelling houses:-
(a) detached house;
(b) semi-detached house;
(c) terrace house or link house;
(d) town house; and
(e) cluster house.
A dwelling house (parcel) shall include an accessory parcel in the form of a front yard,
back yard or side yard.
The remainder of the lot that is not comprised in any parcel on which the open space
and recreational facilities, road, utilities, isito s pa ki g lots and other amenities are
sited shall constitute the common property meant for the common use and enjoyment
of the subsidiary owners.
2.2.2.2 Minimum setback requirements
The minimum setback requirements for every building or structure in a residential

development for dwelling houses with individual subsidiary title shall such as prescribed
in table x-
Every dwelling house (parcel) shall be set back by a minimum of 6 metres from the lot
boundary.
The minimum setback between any rows of dwelling houses shall be 6 metres.
Any building or structure dedicated to common facilities or amenities for the residents
such as clubhouse or recreational facilities , isito s pa ki g lots , i e te o
generator- set enclosure shall be set back by a minimum of...........
STP? WHETHER PART OF COMMON PROPERTY
42
Figure 22: Minimum setback requirements for residential development for dwelling
houses with individual subsidiary title.
2.2.2.3 Building Height Limit
The building height limits are as follows:-
(a) A detached house shall not exceed the height of 15 metres from the lowest floor
at open ground level to the highest point of the building; and
(b) A semi-detached house, terrace house or link house, townhouse or cluster house
shall not exceed the height of 13 metres from the lowest floor at open ground
level to the highest point of the building.
Note: the lowest floor at open ground level includes any partially exposed basement but
shall exclude a completely embedded basement
2.2.2.4 Driveway to parcel
Direct access from the public road to any parcel is prohibited. Any driveway to a parcel
within the lot shall be connected to internal road within the said lot.
2.2.2.5 Provision of parking lot
The provision of motor vehicle parking lot shall be in accordance with Part IV of this
Memorandum.
43
2.3 Residential development for dwelling units in a subdivided building (apartment)
2.3.1 Overview
An apartment is a self-contained dwelling unit that occupies only part of a subdivided building
comprising two or more such dwellings where the kitchen, lavatory and bathroom are
contained within the said dwelling unit. Such a building may be called an apartment building,
flat complex or condominium or residential tower.
2.3.2 Parameters
2.3.2.1 Lot area
The lot area is not subject to any regulatory control provided that the setback
requirements prescribed in Paragraph 2.3.2.2 are complied with.
2.3.2.2 Minimum setback requirements
(a) Minimum setback requirements for apartment building from lot boundary.
i. Apartment building not exceeding 5 storeys

The minimum setback requirements for apartment building shall be such as
prescribed in Table 6:
Table 6: Minimum Setback Requirements for Apartment Building Not

Exceeding 5 Storeys
Apartment Building Minimum Setback in Metres (m)
Front setback Rear Setback Side Setback
Does not exceed 5 storeys 10 6 6
Figure 23: Minimum setback requirements for apartment building not

exceeding 5 storeys
(a)
44
(b)
(c)
FIGURE TO SHOW ENTRANCE/FRONT
ii. Apartment building exceeding 5 storeys

For the first 5 storeys, the minimum setback requirements prescribed in Table 6
shall apply. For any storey above the fifth floor, the minimum setback
requirements shall be such as prescribed in Table 7.
Where an apartment building is constructed on a podium car park or if the ground

storey of the apartment building is utilized for the parking of motor car, such
podium car park or ground storey shall be deemed to be part of the apartment
building for the purpose of determining the setback of the building.
Table 7: Minimum setback requirements for apartment building exceeding 5

storeys
Apartment Building Minimum Setback in Metres (m)
Exceeds 5 storeys
including podium car 20 10 10
park (if any)
45
Figure 24: Minimum setback requirements for apartment building exceeding 5

storeys
(a)
(b)
(c)
(b) Minimum setback between apartment buildings in the same development
i. The minimum setback between apartment buildings in the same

development shall be 10 metres.
ii. Where there is a service road (whether with parking lots provided on either
side of the road or without parking lots) in between building blocks, the
minimum setback between the building blocks shall be 15 metres;
iii. Where parking lots are provided on both sides of the service road, the
minimum setback shall be 20 metres.
46
iv. Where there is a service road in between building blocks and parking lots
are provided on both sides of the service road , the minimum setback
between such building blocks shall be 20 metres.;
v. Where no parking lots are provided or if parking lots are provided on one
side of the service road, the minimum setback shall be 20 metres.
Figure 25: Minimum setback between apartment buildings not exceeding 5

storeys
(c) Minimum setback for freestanding multi-storey car park
i. Any multi-storey car park building irrespective whether it is freestanding or

abutting an apartment building or is integrated into an apartment building
shall be set back by a minimum of 6 metres from the lot boundary provided
that such multi-storey car park building does not exceed 5 storeys. Where
the multi-storey car park building exceeds 5 storeys, the minimum setback
requirements shall be such as prescribed in Table 8:
47
Table 8: Minimum setback requirements for standalone multi-storey car park

Multi-Storey Car Park Minimum Setback in Metres (m)
Building Front Setback Rear Setback Side Setback
Exceeds 5 Storeys 10 10 10
ILLUSTRATION
2.3.3 Management corporation office
A minimum floor area of 20 square metres shall be provided for the purpose of management
office in every development of apartment building. The management corporation office shall
form part of the common property in the said development. No subdivision as a separate
parcel shall be allowed.
2.3.4 Apartment building on triangular shaped land less than 1 acre
The minimum setback requirements for any apartment building on a triangular shaped land
which is less than one acre in area shall be such as prescribed in Table 9:-
Table 9:Minimum setback requirement for apartment building on triangular shaped land
Minimum Setback in Metres (m)
Apartment Building Front Setback Rear Setback Side Setback
( 1 Boundary) ( 2 Boundary) ( 3rd Boundary)
st nd
Does not exceed 5

6 6 6
storeys
Exceeds 5 Storeys 10 10 10
48
2.4 MISCELLANEOUS
2.4.1 Attic in dwelling house or apartment with subsidiary title? (what about individual
title dwelling house) check again
An attic is an incidental space under a sloping roof and shall be deemed as an integral part of
a parcel and no separate subsidiary title shall be issued to the attic. It must be directly
accessible from within the said parcel via a primary staircase located within the said parcel.
2.4.2 Basement structure
The basement structures of a residential building shall be setback by minimum 1.0 metre from
the lot boundary.
2.4.3 Ancillary structures
Ancillary structures such as swimming pool, electrical substation, bin centre, sewerage
treatment plant, water tank, air-conditioner ledge, air conditioner cooling tower ,generator
set enclosure and other ancillary structures shall be set back in accordance with requirements
For dwelling house

Other minor ancillary structures such as electricity metre compartment, bin chamber of
dwelling house guard house are allowed to be built up to the boundary. They can either be
designed to be freestanding structure or integrated into a single structure.
The bin chamber or metre compartment height shall not exceed the boundary wall or fencing
height of 1.5 metres (in line with the maximum height for boundary wall). The maximum
height of guard house is 2.7 metres. The use of these ancillary structures must be restricted
to the intended purpose.
49
Figure 26: Setback requirements for meter compartment, guard house and bin
chamber in residential building.
50
Table 10: Setback requirements for ancillary structure

Required Minimum Setback From
Type Of Ancillary Structure
The Boundary Line
Electric Substation 1 3 metres
Water Tank 2
• On ground 1.5 metres
• Elevated more than 2 metre high 3 metres
Sunken swimming pool 3 1 metres
Raised swimming pool 3 metres
Bin centre 4 6 metres
Sewerage Treatment Plant 35 feet (10.7 m) from the edge of
the plant wall (foot print) to the
boundary line
Gen set enclosure 1 3 metres
Notes:
1. Any Transformer station or generator set enclosure shall be properly screened off to
reduce any noise nuisance.
2. Water storage tank is allowed to abut the side or rear boundary walls of landed
residential provided that water tank height does not exceed the boundary wall fencing
height of 1.5 metres (maximum). If the water tank is elevated exceeding 1.5 metres
height, 3 metres setback shall be provided. Water pump (if any) is to be located
minimum 3 metres from the common to minimise any noise nuisance.
3. Sunken swimming pool in land title housing developments need to be setback 1 metre
from the common boundary to prevent splashing water into the neighbouring lot.
4. Bin Centre in a Subsidiary housing development such as apartment shall be setback 6
metres from the boundaries adjacent to neighbouring land.
5. Air Conditioner condenser or air-conditioner ledge to be located minimum 2 metres
from the common boundaries to minimise noise and other nuisance to the
neighbouring property.
2.4.4 Roof Top Garden
Roof top garden, if any, shall be left uncovered at all times unless otherwise approved by the
Mayor. This is to ensure that no roof structure is added as it is tantamount to an additional
storey which may not be allowed in areas where there is building height restriction. (breach
height limit ie dwelling house)
2.4.5 Proportion of commercial unit to residential unit

In every residential development, proportion of one-unit shop lot for every 50 units of
residential may be allowed in any residential development.
51
3.0 COMMERCIAL DEVELOPMENT

3.1 Overview
In general, commercial developments are divided into the following types of developments:-
(a) commercial buildings such as an office premises, shopping complex, hotel,

convention/exhibition centre and food centre/restaurant, including building for the
purpose of mixed commercial activities such as a shopping mall with an office tower
block located above it;
(b) mixed use development comprising both commercial & residential buildings such as a
shopping mall with an residential tower located above it; built on top
(c) shophouses comprising shops on the ground storey (and first storey or just ground
Beverly hills?) and dwelling unit on the upper floors. The commercial use is restricted
to the ground storey only;
(d) local shops where shop lots are built within a residential development mainly to serve
the community in that residential area on the ratio of 1 unit of shop for every 50 units
of dwellings.
3. 2 Parameters
3.2.1 Minimum setback requirements for commercial building from the lot boundary
 Every commercial building outside the Central Business District (CBD) or town centre
shall be set back from its lot boundary in accordance with the minimum setback
requirements prescribed in Table 11.
Table 11: Minimum setback requirements for commercial buildings outside CBD
or town center
Commercial Buildings
Front Setback Rear Setback Side Setback
Building Setback 6 6 6
Figure 27: Minimum setback requirements for commercial buildings outside CBD
or town centre
52
3.2.2 Exemption from minimum setback requirements

(a) Commercial development in central business district (CBD) or town centre
Where the commercial development is located in the CBD or town centre, the proposed
building in the development may be built up to the lot boundary.
(b) Reconstruction of existing commercial building

Notwithstanding Paragraph 3.2.1 where the development involves the reconstruction
of an existing commercial building outside CBD, the proposed building is allowed to be
constructed in accordance with the previously approved building line even though the
setback based on such building line is less than the minimum setback requirement
prescribed in paragraph x.
3.2.3 Setback between commercial building blocks in the same development

The minimum setback between building blocks shall be 6 metres. However, such setback may
be increased subject to the provision of service road or other utilities such as drain, street
lighting, water piping and etc. as may be required by the Mayor or other authorities.
3.2.4 Building height limit

The building height is subject to the technical height control by Department and Civil Aviation
(DCA).
3.2.5 Floor-to-floor height

(a) The floor-to-floor height for a commercial building including that in a mixed use
development shall not be less than 3.6 metres.
(b) The floor-to-floor height of residential tower block in a mixed use development shall be
such as prescribed in Paragraph 2.3.
(c) The floor-to-floor height for any multi storey car park in a commercial development
shall not be less than 3 metres.
3.3 Miscellaneous
Covered walkways shall be provided along the periphery of commercial buildings

abutting/facing major and minor roads as well as pedestrian routes.
3.4 Basement Structure
The basement structure of a commercial building within the CBD area or Town Centre area
may be constructed up to the lot boundary. Check For commercial building outside the CBD
or town centre, the basement structure shall be setback by minimum 1.0 metre from the lot
boundary.
53
4.0 INDUSTRIAL DEVELOPMENT

4.1 Overview
1. Industrial zones are divided into the following zones:-

(a) light industrial zone; and
(b) heavy industrial zone.
2. The types of industrial buildings which are allowed to be constructed in the above
mentioned industrial zones are as follows: -
(a) detached industrial building;
(b) semi-detached industrial building;
(c) terrace industrial building;
(d) cluster industrial building.
3. An industrial building in heavy industrial zone may be utilized for the purpose of factory
or warehouse or both. Industrial building in light industrial zone may be utilized for the
purpose of warehouse, shops and showroom.
4.2 Parameters
4.2.1 Minimum setback requirements
(a) The minimum setback requirements for any industrial building in a light, or heavy
industrial zone shall be such as prescribed in table 12.
Table 12: Setback Requirement for Industrial building

Type of Industrial Building
Light Industry
• Detached building 6 6 4.5m
• Semi-detached building 6 6 4.5m
• Terrace building - - -
(refer paragraph b)
Heavy Industry
12 6 6
(Factory/Warehouse)
Note: Refer Figure 28 and Figure 29 for guidance
(b) In the development of land for terrace industrial building in a light industrial zone
including shops or showrooms, the buildings can be constructed up to the
subdivided lot boundary.
(c) Where the lot boundary of any industrial building abuts an arterial or sub-arterial
road, the building shall be set back by a distance of not less than 12 metres.
54
(d) The roof eave of a semi-detached or detached industrial building including that of
its open shed or car porch or both shall be set back by a minimum of 3 metres
from the lot boundary. The height of such building shall not exceed the height of
5 metres from ground level.
Figure 28: Minimum setback requirements for light industry (warehouse)

(a) Detached Building
(a) Semi-Detached Building
(a) Terrace Building
55
Figure 29: Minimum Setback Requirements for Medium & Heavy Industry
(a) Detached Building
(b) Semi-Detached Building
(c) Terrace Building
56
4.2.2 Floor-to-Floor Height
The floor-to-floor height of any Industrial buildings shall not be less than 4 metres. The floor-
to-floor height may be increased due to operational needs. The overall building height is
su je t to Depa t e t of Ci il A iatio s te h i al height o t ol.
Figure 30: Floor-to-Floor Height for Industrial Buildings
4.2.3 Use Quantum Control
The permissible building use classes in an industrial development are as follows: -
Table 13: Quantum Control for Industrial Development

Quantum Control Use Type Example Of Allowable Uses
60% (Minimum) Predominant Use Manufacturing, production,
assembly, servicing, repair,
workshop, storage
40% (Maximum) Ancillary/Secondary Use Ancillary office, meeting
room, sick room/first aid
room, M&E Services, eating
premises, Showroom and
selected Commercial Uses
Ancillary/secondary uses conducted in an industrial development must collectively not

e eed 40 pe e t of the e ti e de elop e t s g oss floo a ea. “o e a illa /se o da
uses are subject to the requirements specified in Table 14:-
57
Table 14: Specific Requirements of Ancillary/Secondary Use in Industrial Development

Ancillary/
Secondary Requirements
Use
Food and Shall not exceed 700 square metres or 5 percent of the gross floor area
Eating per-development, whichever is lower.
Premises
Showroom shall be used primarily for display of the following two
categories of products: -
• Products that are not typically transacted of exchanged over the
counter (e.g. cars); and
• Products that are predominantly delivered and installed off-site
(e.g.: floor tiles).
Showrooms
Incidental sale or transaction of displayed goods is permissible.
Servicing of s all ite s o ash a d a a e o side ed

provided that the main activity of the showroom is utilized for the
display of the 2 categories of product listed above.
Selected commercial uses (i.e.: clinic, banking hall/ATM, minimart and
Selected fitness centre/gym) can be allowed in the industrial development
Commercial provided that the commercial uses will be capped at a size of 200
Uses square metres or 10 percent of the total gross floor area per
development, whichever is lower.
58
5.0 HOTEL & OTHER ACCOMODATION FACILITIES

5.1 Overview
1. Hotel and accommodation facilities can be divided into the following categories: -
(a) Hotel
Hotels are buildings intended for accommodation purposes on a commercial
basis. The predominant use shall be hotel rooms. Some form of commercial use
such as shops, restaurant and bar may be allowed within hotel developments.
Hotel can be in the form of free-standing building or tower, a podium/tower
arrangement or terrace buildings.
(b) Hostel
Hostels may be allowed in commercial, mixed use, residential, education,
industrial and religious zones. Hostels are buildings intended for accommodation
of a certain class of people such as students, the elderly, and include hostel run
by religious bodies, government bodies and private bodies. A building shall be
deemed to be a hostel if there are more than 3 persons per bedroom or the total
number of persons staying in the building exceeds 15 persons.
(c) Serviced Apartment

Serviced apartments are permissible in commercial and mixed use zone. They are
self-contained dwellings with kitchenettes/kitchens and are rented out for short
term as well as long term stays. Hotel like amenities including support services
such as concierge, housekeeping and/or laundry service are provided for the
residents.
(d) Wo ke s’ Do ito y
Wo ke s dormitories are temporary accommodation for workers engaged in
construction or building operatio . Wo ke s do ito ies a e ot allo ed i the
Central Business District.
2. An existing building may be allowed to be redeveloped or converted into a hotel, hostel,

serviced apartment and workers' dormitory provided that such development is
compatible with the Land Use Zoning Chart in Second Schedule.
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5.2 Parameters
5.2.1 Hotel
(a) Use Quantum

Not less than 70 percent of the total gross floor area of the hotel building shall be
allocated for the accommodation purpose i.e. whilst the balance may be allocated for
hotel related uses. Examples of hotel related uses are administration offices,
restaurants, bars, lounges, shops, entertainment outlets, spas, housekeeping room and
etc.
(b) Building Height

The maximum allowable building height is subject to the technical height control by
Department of Civil Aviation.
(c) Setback Requirements

The minimum setback requirements for hotel shall be such as prescribed in Table 15.
Table 15: Minimum Setback Requirements for Hotel

Hotel
Outside CBD Area 10 6 6
CBD Area Building line allow to abut the road reserve line at the front
(d) Floor-to-Floor Height

The floor-to-floor height for hotel buildings shall not be less than 3.6 metres.
(e) Provision of Covered Walkway

Covered walkway shall be provided along the periphery of hotel buildings
abutting/facing major and minor roads as well as pedestrian routes.
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5.2.2 Hostel
(a) Use Quantum

Only basic ancillary uses such as administrative office, reception and lobby areas which
are essential to operate a hostel may be allowed. Commercial uses such as shops, bar
and restaurant catering to the general public are not permitted within the building.
(b) Building Height


The minimum setback requirements for hostel shall be such as prescribed in Table 16.
Table 16: Minimum Setback Requirements for Hostel

Hostel

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5.2.3 Serviced Apartment
(a) Use Quantum

Every development for the purpose of a serviced apartment shall be in accordance with
the parameters prescribed for apartment building in Paragraph 2.3. However, unlike
apartment, support services such as concierge, housekeeping and/or laundry provided
for the residents of serviced apartments are allowed. In addition, restaurant and
bar/lounge facilities are permitted within large serviced apartment developments,
subject to a maximum of 0.3% of the total Gross Floor Area.
(b) Building Height


The minimum setback requirements for hostel shall be such as prescribed in Table 17.
Table 17: Minimum Setback Requirements for Serviced Apartment

Serviced Minimum Setback in Metres (m)
Apartment Front Setback Rear Setback Side Setback

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5.2.4 Wo ke s’ Do ito y
(a) Use Quantum

Workers' dormitory is used primarily as lodging for workers or labourers. Residential
p e ises shall e dee ed to e a o ke s do ito if the total u e of o ke s
sta i g i the eside tial p e ises e eed 8 o ke s. Wo ke s do ito a e i the
form of a free standing building.
(b) Building Height

(d) Setback Requirements

The i i u set a k e ui e e ts fo o ke s do ito shall e su h as p es i ed
in Table 18.
Ta le 18: Mi i u Set a k Re ui e e ts fo Wo ke s’ Do ito y

Wo ke s’ Minimum Setback in Metres (m)
Dormitory Front Setback Rear Setback Side Setback
(e) Floor-to-Floor Height

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6.0 PLACE OF WORSHIP
6.1 Overview
1. A place of worship is a building intended for religious worship. Examples of such

buildings are mosques, churches and temples. Place of worship is usually a free-standing
building.
2. Place of worship is allowed on land zoned under: -

(a) Religious Reserve;
(b) Commercial; and
(c) Residential.
3. However, conversion of dwelling house into place of worship is prohibited.
4. No shop within a place of worship shall be permitted.
5. Columbarium may be allowed within free-standing place and worship building.
6.2 Parameters
6.2.1 Setback Requirements
The minimum setback requirements for place of worship shall be such as prescribed in Table
19.
Table 19: Minimum Setback Requirement for Places of Worship

Places of Worship
Setback 10 4.5 4.5
6.2.2 Building Height
The maximum allowable building height is subject to the technical height control imposed by
6.2.3 Quantum Control
In any development of land for a place of worship, the total praying area shall constitute at
least 50 percent of the total gross floor area. Ancillary uses such as library, conference room,
meeting room, childcare centre and kindergarten shall not exceed 10 percent of the total
gross floor area. Accommodation fa ilities fo staff e e s su h as p iest s hostel a e
permitted within the place of worship compound and such facilities shall not exceed 10
percent of total gross floor area.
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7.0 OPEN SPACE
7.1 Overview
Open space is generally land whether enclosed or not which is laid out or reserved for laying
out wholly or partly for recreation purposes. Examples of open space are gardens, parks,
playgrounds, jogging tracks, cycling tracks, sports and recreation ground, pleasure ground and
walk. Open space may be in the form of public place or otherwise. Public open spaces are
generally parks and playgrounds which are managed and maintained by the Mayor.
7.2 Open Space Requirements in Development of Land
1. In every development of land exceeding one acre in extent reserved for the purpose of
being developed as a building area, a proportion of the land (not less than ten per
centum thereof) shall be set aside for open space in addition to the area required for
roads.
2. The open space shall consist of active and passive areas as follows-
(a) The active open space shall be equipped with sports and recreational facilities
such as children playground, jogging track, cycling tracks, pleasure ground and
walk, gymnasium, sport ground such as swimming pool, tennis court, basketball
court, badminton court and football field; and includes any sports and
recreational buildings. The active open space shall not exceed 10.0 percent or 5.7
° in steepness;
(b) The passive open space shall be set aside for soft landscapes such as the planting
of trees, shrubs, flowering plants, and grass of such species as the Mayor may
determine; or hard landscapes such as walk or foot path, water features, lightings,
benches, signage, bollards, shades, sculptures and other hardscape features;
(c) The proportion of the land to be set aside for the active open space and passive
open pace shall be determined by the Mayor.
(d) The open space within industrial development may serve as buffer to mitigate
nuisance such as noise and dust to the surrounding area as illustrated in Figure
xx;
(e) The developer shall provide any of the types of sports and recreational facilities
specified in Table 20or a combination of the facilities specified therein.
Provided that the construction of any sports and recreational buildings shall only
be allowed in the development of land for buildings with subsidiary titles to be
applied for;
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(f) All sports and recreational e uip e t s shall be provided in accordance with the
specifications and standards determined by the Mayor.
3. Where a development involves two or more phases in the same land title, 10 percent
of the land in each of the phases shall be set aside for the purpose of open space.
4. In the case where an open space has already been set aside at the time when the land
was subdivided into separate titles, the requirements prescribed in Paragraph 7 (3) shall
not apply to the development of the subdivided land.
5. Open space which has been set aside under Paragraph 7 (3) shall be located on the
ground level including any ground level platforms on land or over water bodies as
illustrated in figure xx.
6. Notwithstanding Paragraph 7 (5), open space may be provided on any building

structures above ground level in the development of hill-site land or in cases where the
topography or dimensions of the land is of such a nature/condition that the Mayor is of
an opinion that it is physically impracticable to comply with the requirements
prescribed in Paragraph 7 (5) provide illustration in figure xx.
7. Open space shall be directly accessible from the internal roads of the development.
8. Access to open space shall not be less than 6 meters wide.
9. No active open space shall be located on any slope exceeding 25 percent (14°) in
steepness.
10. Open space may be sited on the following locations within a development as illustrated
in figure xx.
Figures xx pockets, behind houses, centralised, in between two rows of shops
11. Pond, lake or stream whether natural or otherwise may form part of the open space to
be set aside under paragraph xx provided that:-
• the pond or lake are equipped with such recreational facilities and softscape
features as the Mayor may determine; and
• The pond or lake shall not occupy more than xx% of the open space area.
12. No open space shall be located within any area reserved for High Voltage Cables.
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Table 20: Sport and Recreational Activities
Komponen
Peralatan Utama (Full-Integrated)

Alat Permainan
Sokongan (Semi-Modular)
Badminton cum Sepak takraw
Basketball (half) (338 m²)
Basketball (full) (610 m²)

Komponen Rekreasi
Futsal (1,125 m²)
Padang Kecil (2,400 m²)
Padang Besar (6,000 m²)
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8.0 GOVERNMENT & COMMUNITY

8.1 Overview
Land zoned under government is primarily intended for the purpose of Civic & Community
Institutions. Civic and community institution may be further categorized into the following: -
(a) Government Institution such as court, police station, fire station, special government
building, prison, cemetery;
(b) Community institution such as an association/clan building, community club/centre,
professional institution, welfare home, home for disable, home for the aged, shelter
homes, social welfare complex, funeral parlour; and
(c) Cultural Institution such as performing art centre, museum, arts/science centre, art
gallery.
The above institutions are also pe issi le ithi the ‘eside tial zo e su je t to Ma o s
approval.
8.2 Parameters
8.2.1 Setback Requirements
The setback requirements for government and community institution shall be such as
Table21: Setback Requirements for Civic and Community Institution

Places of Worship Minimum Setback in Metres (m)
Developments Front setback Rear Setback Side Setback
Setback 10 4.5 4.5
The following institution buildings are subject to special development control requirements
due to the peculiar nature of their usage. They are: -
(a) Home for the Elderly and Disabled

Home for the elderly and disabled is usually a free-standing purpose built-building. In
some cases, existing residential building are allow to be converted into a home for the
elderly or disabled subject to the compliance of technical requirements.
At least 10% of the land shall be set aside for the purpose of open air or outdoor park
and recreation facility.
(b) Children Nursery / Play School / Day Care Centre
9.0 EDUCATIONAL INSTITUTION
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An educational Institution is an area used or intended to be used mainly for educational

purposes. Examples of educational institution include kindergarten, primary/secondary
schools, polytechnics, vocational institution, training institution, universities, foreign and
special school (e.g.: school for the disable).
Commercial schools and tuition centres are considered commercial uses and shall be located
o la d zo ed o e ial i Kota Ki a alu Lo al Pla . Check definition under education
act
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10.0 HERITAGE
1. (a) No planning permission for the construction of any building situated on a land
adjoining a heritage site may be granted unless it is set back by a minimum of 6 metres
from the boundary of the heritage site. The Mayor may require such setback distance
to be increased as he deems necessary for the preservation of the heritage site.
(b) Any existing structure with an uninterrupted backdrop of natural landscape is to

be preserved as an entire entity and therefore shall not be visually removed,
altered or modified without prior approval of Mayor Kota Kina City Hall.
(c) Any natural landscape or man-made additions shall not obstruct the views,
shapes, corners or architectural features of a heritage building or structure.
(d) Security, lighting, cleanliness and drainage issues must be shown clearly as a
provision of a building proposal within the vicinity of heritage buildings.
(e) Air rights shall be implemented for any site, building or structure designated as
being heritage significant for the city.
(f) Any additional buildings whether as public amenities, commercial or

administrative shall be subject to the appropriate design, massing, color, material
and architectural style to compliment the designated heritage building, site or
landmarks.
(g) Vehicle parking provisions are to be placed discreetly beside a heritage designated
landmark so as not to obstruct its main vantage and best views.
2. There is no development permitted within 6 metres radius from the heritage site
boundary.
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Figure 31 : Poor Visibility and Recommended Visibility
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11.0 SPECIAL PROVISION FOR HILLSIDE DEVELOPMENT
11.1 Overview
Building setback from slope may be increased to such distance as the Mayor deems necessary.
11.2 Parameters
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PART IV:
VEHICLE PARKING STANDARDS
In general, there are two types of parking facilities namely off-street parking and on-street
parking.
Off-street parking facility means any motor car parking lot which is not located on a road or
road reserve and includes a multi storey motor car park.
1. No development shall be approved unless the motor vehicle parking requirements

prescribed in paragraph (6) are complied with.
2. Adequate internal access to each parking lot shall be provided. (Measurement to be

provided by traffic engineer comments).
3. A developer may make a payment of RM25,000 per parking lot money in lieu of the
e ui ed pa ki g lot su je t to Ma o s app o al.
4. Parking lots shall be provided in accordance with the requirements specified in Table
22:-
Table 22: Car Parking Requirements according to Building Type

Use Of Site Parking Space Required
1 Cinemas, theatres,  1 parking lot for motor cars for every 5 seats; and
auditoria.  A minimum of 5% of the floor area provided for motor
(free standing building) car parking shall be set aside for the motor cycle
parking.
Where cinema, theatres • 1 parking lot for motor cars for every 10 seats; and
or auditoria is located • A minimum of 5% of the floor area provided for motor
within a commercial car parking shall be set aside for the motor cycle
complex such as parking.
shopping mall
2 Places of worship  1 parking lot for motor car for every 70 square meter
of floor area
 A minimum of 5% of the floor area provided for motor
car parking shall be set aside for the motor cycle
parking.
3 Hotels  1 parking lot for motor car for every 8 bedrooms or

suites;
 1 parking lot for every 10 square metre of function hall
or ballroom (if any); and
Note:
does not apply to existing shop being  1 parking lot for every 10 square metre of food and
converted into hotel eating premises, pub and bar lounge.
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4 Clubhouse operated by  3.0 parking lot for motor car for every 100 square
Registered Society meter of floor area
including any ancillary
building
5 Function hall 1 parking lot for every 10 square metre of floor area.
4 Apartments • 90 square metre and below:-
(including apartment in A minimum 1.5 motor car parking lot for every
mixed use development) d elli g u it i lusi e of isito s oto a pa ki g.
• Above 90 square metre:-

A minimum 1.75 motor car parking lot for every
d elli g u it i lusi e of isito s oto a pa ki g.
5 Dwelling house 2 motor car parking lots for every dwelling unit.
6 Commercial premises:
(a) Shop or office • 1 parking lot for motor car for every 46 square metres
buildings of floor area or part thereof;
• A minimum of 5% of the floor area provided for motor
parking.
• A minimum of 1 loading and unloading bay shall be
provided for every 4,000 square metres of floor area
or part thereof.
(b) Shopping Malls  1 parking space for motor car every 46 square metres
(500 square feet) of floor area or part thereof;
 A minimum of 5% of the floor area provided for motor
parking.
 A minimum of 1 loading and unloading bay shall be
provided.
(c) Food and eating  1 motor car parking lot for every 10 square metres
premises (107 square feet) of floor area.
Note:
does not include any
school canteen or
existing shop lots being
converted into food and
eating premises
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(d) Supermarket or • 1 parking lot for motor for every 32.5 square metres of
hypermarket: floor area or part thereof;
• A minimum of 5% of the floor area provided for motor
Note: car parking shall be set aside for the motor cycle
does not include any parking.
converted into food and
• A minimum of 2 loading and unloading bays shall be
eating premises provided.
The existing retail shops once converted to supermarket or

hypermarket, the owner shall pay a sum of payment in lieu
to compensate the requirement of the number of car
parking requirements.
7 Industrial Buildings 1 parking lot for motor car for every 280 square metres or
(a) Detached or Semi- part thereof and 1 lorry parking for every unit.
Detached building
(b) Terrace or cluster • 1 parking lot for motor car for the first 139 square
building metres (1,500 square feet) or part thereof;
• 1 parking lot for motor car for the next 1,000 square
feet of floor area or part thereof;
• For every 10 motor car parking lots, 1 motor cycle
parking lot shall be provided; and
• A minimum of 2 loading and unloading bays shall be
provided.
8 Educational Institution
(a) Nursery, • 1.5 motor car parking lot per classroom; and
Kindergarten, • 1 parking lot for every 46 square metre (500 square
primary feet) of administration office.
(b) secondary Schools, • 2 motor car parking for every 100 square metre of floor
Institution of Higher area.
Education including
universities,
polytechnic, and
colleges:
(b) Funeral services 1 parking lot for motor car for every 100 square meter of
including floor area
Columbarium,
Funeral parlour or
crematorium
a) Sport & Recreational • 1 motor car parking lot per 50 square metre of floor
Buildings such as area.
swimming pool,
tennis court,
badminton court,
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volleyball, futsal, etc

other than stadium
b) Stadium • 1 parking lot for motor cars for every 5 seats; and
A minimum of 5% of the floor area provided for motor
parking.
c) Parks including • 15 lots for motor car parking shall be provided for
recreation park or every 1 acre of park area.
botanical park.
Note:
Does not apply to sport
and recreation building
in residential
development.
(c) Hospitals including  3 motor car parking lot for every 100 square metre of
clinic/dispensary and floor area plus 10% for visitors parking.
nursing homes
• For every 10 motor car parking lots, 1 motor cycle
Note: parking lot shall be provided; and
does not apply to any
converted into Clinic.
government buildings • 1 parking lot for motor car for every 46 square metres
of floor area or part thereof;
Note:
1. Where any building or development plan incorporates a number of differing uses the
total number of off-street motor car parking spaces provided may be reduced by the
application of the Day/Night Fa to . The Da pe iod shall e dee ed to u f o 6.00
a. . to 6.00 p. . a d the Night pe iod shall e dee ed to u f o 6.00 p. . to 6.00
a.m. on the following day.
2. Where any development provides parking spaces to comply with the requirement of
this Scheme, such development owners/owner may charge the public for using the
parking facilities at a rate approved by Kota Kinabalu City Hall.
3. Any development plan submission with public motor car parking requirements shall set
aside minimum two parking spaces reserves for persons with disabilities.
4. Where the required parking spaces form part of the land title of the building, or
accessory parcel (for subsidiary development), an additional 10 percent of the required
parking shall be provided for visitors parking.
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PART V:
HIERARCHY OF ROADS AND TRAFFIC CONTROL

1. The hierarchy of roads categorizes roads according to their functions and capacity.
Roads are divided into the following categories:-
(a) Arterial Road

Carry long distance through traffic external to specific areas.
An arterial road is a high-capacity urban road .The primary function of an arterial
road is to deliver traffic from collector roads to freeways or expressways, and
between urban centres at the highest level of service possible. FRM WIKI
(b) Sub-Arterial Roads

Carry through traffic between multiple specific areas and arterial roads with traffic
volumes generally more than 4,000 vehicles per day.
is a road connecting arterial roads to areas of development, and carrying traffic
directly from one part of a region to another.
(c) Local Distributor Roads

Located within the specific area, providing indirect and direct access for land uses
within the specific area to the road network. These streets should carry no traffic
external to the specific area. The environmental cells within the specific area are
bounded by the collector streets.
A collector road or distributor road is a low-to-moderate-capacity road which
serves to move traffic from local streets to arterial roads. Unlike arterials, collector
roads are designed to provide access to residential properties. Rarely, jurisdictions
differentiate major and minor collector roads, the former being generally wider
and busier.
(d) Local Access Roads

With low speed environments and pedestrian priority. Their function is to provide
direct access to property.
(e) Sight Distances

At bends on single and dual carriageways the minimum stopping sight distances
given in the Table below are to shall be provided, measured between points 1.07
metres above the centre of the lane on the inside of the land.
At changes in gradient, vertical curves are to be provided. At crests, the minimum

stopping sight distances given in the Table below are to be provided measured
between points 1.07 metres above the carriageway on single or dual
carriageways.
On single carriageways the minimum passing sight distances given in the Table
below shall be provided over as great a length of the road as possible.
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For convenience the minimum vertical curve lengths can be determined by

ultipl i g the K alues the alge ai diffe e e i g adie ts e p essed as a
percentage subject to a minimum length of curve of three times the design speed.
3. Access to an Arterial or Sub-Arterial Road shall be restricted to those junctions or

intersections approved by Pengarah Kerja Raya.
4. The Local Authority may require the provision of footways to give direct and convenient
access from houses to shops, schools, playgrounds, open spaces, bus stops and railway
stations independent of the general road system. In residential areas the minimum
dimensions shall be 1.8 metre wide on a reserve 3.7 metre wide.
In commercial areas the Local Authority shall ensure the design of canopies over
footways shall allow adequate clearance from the edge of the carriageway.
Pedestrian shopping arcades shall be at least 10.0 metre in width and shall have easy
access to motor car parks. These shops shall be served by an access road at the rear of
the shops for the purpose of goods deliveries and refuse removal.
5. In considering a development plan the Local Authority shall ensure the suitability of
particular routes for the provision of bus services and at least 90 percent of dwellings
are within 400 metre or 5 minutes walking distance from an existing or future bus route.
Kota Kinabalu City Hall may require the developer to provide bus stopping spaces and
passenger shelters of approved design.
6. Developers will be required to provide street lighting of a type and standard approved
by the Local Authority, street name plates, plant trees and shrubs to the approval of the
Local Authority. Developers will also be required to provide and erect traffic signs for
the information of or warning to traffic of type and in locations as may be approved.
Such works may be off site.
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PART VI:
DEVELOPMENT OF LAND
1. (a) No person shall develop any land unless and until a plan of development has been
submitted to, and approved by the Local Authority.
(b) No application for subdivision or amalgamation under the provisions of Subsection

(1) of Section 40 of the Land Ordinance shall be entertained and no subdivision or
amalgamation under the provision of subsection (2) of Section 157 of the Land
Ordinance shall be made until a plan of subdivisions has been approved by the Local
Authority under this Part.
2. Except in the case of development solely for agricultural purposes every plan of
development shall show:-
(a) the topography of the whole of the area to be developed and of the adjoining
lands for minimum 50 metre;
(b) the dimensions of the land or each subdivided lot, the area and finished surface
level of the whole area to be developed in relation to the adjoining lands for
minimum 50 metre;
(c) the alignment, width, gradient and level of all existing and proposed new road
reserves, including widening of existing roads on the area to be developed and on
adjoining lands;
(d) the alignment, cross-section and gradient of all existing and proposed new
drainage reserves or easements on the area to be developed and on adjoining
lands for a minimum 100 metre;
(e) the zoning of the land as created by the provisions of Part II of this Scheme;
(f) any Designated Land and the purpose for which such land has been reserved
including the classification of roads;
(g) the purpose for which the land or each subdivided lot is intended to be used;
(h) where buildings are to be erected, their layout, design and external appearance
including materials and colours, together with the means of access thereto and
any proposals for landscaping or tree planting;
(i) that no projection beyond the boundary of road reserve and its airspace shall form
part of the structural design of any building except as otherwise stipulated in the
Building By-Laws and/or at the discretion of the Local Authority; and
79
(j) any other conditions that the Local Authority may deem necessary for orderly
development such as landscape plans, street tree planting.
3. Development Proposal Report
(a) In addition to the documents and plans required to be submitted for planning
permission, the applicant shall submit a development proposal report which shall
contain the following:
i. the development concept and justification;
ii. a location map and a site plan;
iii. particulars of land ownership and restrictions, if any
iv. - a description of the land including its physical environment, topography,

landscape,
geology,contours,drainage,waterbodiesand,catchmentsandnaturalfeatures
thereon;
- a survey of the trees and all forms of vegetation; and
- particulars of a building, which may be affected by the development.
v. alanduseanalysisinparticularfortheareaswithin500manditseffectontheadjoin
ing land;
vi. layout plans.
4. (a) This clause shall not apply to land in a Rural Zone subdivided solely for agricultural
purposes.
(b) The Local Authority may refuse approval to a plan of development if:-
i. the land shown thereon, or any part thereof, is liable to inundation by tidal,
drainage or flood waters;
ii. there is no provision, or insufficient provision, for the safe and efficient
drainage and disposal of storm water from the land or any part thereof;
iii. the plan does not provide for reserves or easements necessary for water
supply, sewerage, electricity, telecommunications or drainage purposes;
iv. a water supply sufficient for domestic purposes is not available or cannot
be made available to the land and any allotment defined therein;
80
v. sewerage cannot be disposed of from the land and any allotment defined
therein without risk to health;
vi. the land, or any part thereof, is unsuitable for the propose for which it is to
be developed whether because of the instability of soils, the proximity of
the land to an airport or otherwise;
vii. the natural slope of the whole of the land and the adjoining block or in any
future allotment is steeper than a gradient of 1 in 4;
viii. the land is situated in a locality the development of which in the opinion of
the Local Authority, is premature, having regard to:
ix. the proposed mode of development would be unsuitable having regard to

the use to which the land may be put;
x. the proposed mode of development would, if given effect to, be contrary to

the land use zoning requirements;
xi. there is no provision for useable open space, or the provision made for such
open space is unsatisfactory or insufficient having regard to the open space
in the locality;
xii. access from any allotment defined therein to the carriageway of any existing
or proposed road, street or thoroughfare is not safe; convenient and
appropriate;
xiii. access from any allotment or lot defined therein to a road categorised as an
Arterial or Sub Arterial Road is prohibited under the provisions of this
Scheme and the plan of subdivision does not show any alternative access;
xiv. any proposed road, street or thoroughfare is not so graded or so capable of

being graded as to be capable of being safely and conveniently connected
with any existing road, street or thoroughfare.
xv. any proposed road, street or thoroughfare is unsafe or inconvenient for

traffic, or does not provide for convenient intercommunication with
neighbouring localities;
xvi. adequate provision for roads is not made on the plan;
xvii. a road is not shown on the plan where necessary or convenient for access
to or from any road through land adjoining the land depicted on the plan,
or to or from any road shown on a plan approved by the Road Authority;
xviii. a road is not shown on the plan for safe and convenient
intercommunication with land adjoining the land depicted on the plan;
81
xix. the proposed mode of development would not present the satisfactory
future development of the land depicted on the plan or any part thereof;
or
xx. in the opinion of the Local Authority acting on the advice of the Director of
Public Works, the land to be developed or land immediately adjacent
thereto, will be subjected to undue erosion from surface or underground
waters or to landslides or excessive cost of construction and maintenance
of public works by reason of the character of the proposed development.
5. Where the Local Authority refuse approval to a plan the Local Authority shall, when
notifying the owner of the refusals of such approval, inform him of the reasons for
refusing such approval and at the same time also inform him of his right to Appeal
against the decision of the local authority to the Appeal Board constituted under Section
28L. (1) of the Town and Country Planning Ordinance (Sabah Cap. 141) and that his
appeal must be made within one month from the date that the decision was
communicated to him. And in the absence of the Appeal Board that an application for
a Judicial Review could be made to the High Court in Sabah and Sarawak.
6. Where the plan of development incorporates a road, footpath, drainage channel, water
supply, sewerage, electric power supply or recreation area, the Local Authority shall
specify which of such works are to be constructed by the developer at his cost or on his
behalf at his cost and shall inform the developer in writing accordingly. Such works may
include offsite works.
7. Where the Local Authority approves a plan for development such approval shall be
subject to the conditions that the developer shall:-
(a) submit to the appropriate authority plans and specifications in respect of all public
works to be constructed by him or on his behalf, including roads, footpaths,
drains, water supply, electric power, street lighting and;
(b) obtain a certificate of approval from the appropriate authority of such plans and
specifications of the public works specified and that such Certificate together with
one set of such approved plans and specifications shall be lodged with the Local
Authority; and
(c) enter into a bond with the Local Authority for the satisfactory completion of
construction of works specified in Clause 5.
8. Where land is subdivided in a Rural Zone every lot shall:-

(a) be of such a shape and such an area as to be capable of containing within the
boundaries thereof a rectangle of not less than 5,000 square metresthe least side
of which shall not be less than 45.72 metre (150 feet); and
(b) have a frontage of not less than 18.0 metre abutting on a public road reserve not
less than 20.0 metre wide.
9. The requirement of this Scheme together with any conditions imposed there under by
the Lo al Autho it shall e dee ed to e Legal ‘e ui e e t fo the pu pose of
Regulation 7 of the surveyors (Conduct of Title Surveys) Regulations, 1962.
82
10. Where the Local Authority approves a plan of development such approval together with
a statement of conditions attaching thereto (if any) shall be given in writing pursuant to
a Resolution of the Local Authority. Copies of such approval shall also be forwarded to
Pengarah Kerja Raya and Perancang Bandar dan Wilayah.
11. Every survey plan of a subdivision deposited by a Registered Surveyor with the Director
of Lands and Surveys in accordance with the Surveyors (conduct of Title Surveys)
Regulations, 1962 shall carry a certificate signed by the District Surveyor to the effect
that such survey plan conforms to the requirements of this Scheme and to the plan of
subdivision approved pursuant to a resolution by the Local Authority.
12. This part shall not apply to a survey plan which:-

(a) Effect a minor adjustment to the boundaries of any land;
(b) Depicts a survey made under the provisions of the acquisition of Land Ordinance.
13. (a) When a plan of subdivision and / or development is submitted to the Local Authority
for approval, the developer must estimate the total time required for the completion of
the subdivision and / or development, together with a list of responsibilities he will
undertake.
(b) The approval for any development plans will lapse 24 months from the date of issue
of the letter of approval. The decision of the local authority shall be specific and while
suppo t i p i iple a e o e ed i iti g the lo al autho it shall ot o e
a app o al i p i iple'. Co ditio s if a \shall be clearly stated in the letter of
approval. The Local Authority may also impose a time limit for each phase of
development and may require a bond for the satisfactory completion of construction of
works for later phases.
(c) If the development or any phase of the development is not completed by the date
specified by the Local Authority or if substantial progress has not been made within nine
months to the satisfaction of the Local Authority then the Local Authority may impose
a penalty on the developers.
(d) All current development plans which have been approved by the Local Authority will
lapse 24 months after the date this Scheme comes into effect unless the approved
development has been completed to the satisfaction of the Local Authority.
83

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DRAFT KOTA KINABALU LOCAL PLAN 2020 MEMORANDUM

TOWN AND COUNTRY PLANNING ORDINANCE

MEMORANDUM TO KOTA KINABALU LOCAL PLAN 2020 Plan No.

It Contains arrange of information including definition of terms and regulation on uses

This Memorandum is subject to amendment only following public consultation.

TOWN AND COUNTRY PLANNING ORDINANCE

PART II : CREATION OF ZONES & ITS PROVISIONS REGULATING

PART III : PROVISIONS REGULATING BUILDINGS

PART IV : VEHICLE PARKING STANDARDS

PART V : HIERARCHY OF ROADS AND TRAFFIC CONTROL

PART VI : DEVELOPMENT OF LAND

First Schedule – Zoning Plan with Legend

Second Schedule – Land Use Zoning Chart

1. In this memorandum, unless the context otherwise requires:-

connected with, or forming part of such platform; and Includes

• meeting engineering or environmental standards by:-

Place of means a building used or designed for use mainly as a mosque,

includes a dwelling house which is capable of being issued an

CREATION OF ZONES AND THE PROVISIONS REGULATING USES OF LAND

(b) Each of the zones so created: -

• the land uses are indicated by the following symbol:-

• Subject to the provisions of this Scheme the development of any land in

The Mayor shall have regard to the following matters, namely: -

• The public interest;

• The economic servicing of the development with particular regard to the

• The representations by the Director of Public Works or his agent, body

• The character of the proposed development in relation to existing or future

• The preservation of amenity including landscaping and open space.

When a Mayor is required to consider any development that is a Conditional Use

2. No alterations to any boundaries of a zone created by this Scheme shall be permitted

(a) Residential Zones

ii. Residential 'Low Density'

iii. Residential 'Medium Density'

iv. Residential 'High Density'

(b) Commercial Zones

The hierarchy of commercial zones are as follows-

i. Central Business District

ii. Town Centres

iii. Group Centres

iv. Local Centres

Filling Stations selling convenience goods and containing dining facilities

v. Mixed Use Zone

(c) Industrial Zone

ii. Heavy Industry

(e) Government and Community Facilities

(f) Hotel and Resort Zone

(h) Swamp / Wetland Conservation

(i) Rural Zone

(j) Ridge Conservation

2. The requirements prescribed in this Memorandum in respect of the development of

(a) Residential development;

2.0 RESIDENTIAL DEVELOPMENT

1. Residential developments are divided into the following types of developments:-

Table 1: Density of residential zones

2.1.1.1 Building height limit

2.1.1.2 Floor-to-floor height

In addition to building height limits, the minimum floor-to-floor height of a dwelling

Table 2: Minimum floor-to-floor Height

Storey Minimum Floor-to-Floor Height

Ground Floor 3.6 metres

First Floor and above 3.3 metres

Note: Refer Figure 1 and Figure 2 for guidance

Figure 1: Floor-to-floor height for an apartment building