Uses Permissible in Industrial Zone in UDCPR 2020

Mar 04, 2024

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

So here are the uses permissible in the Industrial Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

This is applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities / Special Planning Authorities / Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive / Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 4.8 Industrial Zone

Industries shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled, or processed, for example, assembly plants, laboratories, dry cleaning plants, power plants, pumping stations; smokehouses, laundries, gas plants, refineries, dairies, and sawmills.

The following uses shall be permissible in the Industrial Zone.

i) The service industries as listed in Regulation No.4.4.2(iv) without restrictions on power requirement, employment, floor area, and other restrictions.

ii) Any industry/industries may be permitted. Minimum buffer open space/setback (which may include marginal distance and road width, if any) from the boundary of the industrial

Building/use to residential or habitable zone/use, shall not be less than 23.0 m. Such buffer open space shall be kept in the land falling in the industrial zone. In cases where construction has already taken place in an Industrial Zone, then such Buffer open space may be kept in a Residential Zone.

Provided that, the area under such buffer open space/setback shall not be deducted for computation of FSI.

Provided further that, if the land under the industrial zone is utilized entirely for non-polluting industries, IT / ITES, or like purposes, then such buffer zone / open space shall not be necessary.

Provided further that, industrial godowns/ godowns shall also be permissible under this regulation.

iii) Building or premises in the industrial zone may be used for any industrial as well as accessory uses like banks, canteens, welfare centers, and such other common purposes considered necessary for the industrial workers, quarters of watchmen, caretakers or other essential staff required to be maintained on the premises. Such residential/commercial/other uses may be permitted up to 25% of the total proposed built-up area of such industrial use.

iv) The following uses may also be permitted

a) Parking lots

b) Buildings of public utility concerns

c) Buildings of Banks

d) Residential Hotels, Restaurants

e) Storage Buildings

f) Drive-in-Theatres, cinemas, or theatres, subject to provisions of the Maharashtra

Cinemas (Regulation) Act

g) Highway amenities as permitted in the Agriculture zone with FSI at par with the Industrial zone.

h) Industrial training center/institute

i) Information Technology Establishments. (IT / ITES)

j) Bio-technology units

k) Public Charging Stations for Electric vehicles, Petrol pumps, and Service Stations/Fuel Filling Stations, including LPG/CNG/Ethanol, etc., subject to provisions in Regulation No.6.2.2., Sr.No.6 of Table 6-E.

(l) Hospitals and dispensaries.

v) Transport Hub and Logistic Park, including warehousing, cold storage, multimodal transport, container depot, container freight stations, etc.

4.8.1 Allowing Residential/Commercial Uses in Industrial Zone

In consultation with the Divisional Head of the concerned division of the Town Planning Directorate in case of areas other than Municipal Corporations and in case of Municipal Corporations without such consultation, and on appropriate conditions.

a) The existing or newly built-up area of the Industrial unit in the Industrial zone (excluding the area of Cotton Textile Mills) may be permitted to be utilized for Residential or Commercial purposes;

b) The lands in the Industrial Zone in the Development Plan, Regional Plan excluding the area of Cotton Textile Mills, but including lands in the industrial zone in the Town Planning Scheme area, may be utilized for any of the permissible uses in the Residential and Commercial Zone subject to the following provisions :-

i) Such use shall be allowed only on payment of Premium at the rate of 5%of the land value arrived at as per the Annual Statement of Rates (without considering the guidelines therein) of the respective year. For calculating land value, industrial holding in the development proposal shall be considered. Out of this, 50% amount shall be paid to the Authority and 50% amount shall be paid to the Government.

ii) The Residential / Commercial use in respect of industries that are not in operation or which are to be closed, shall not be permitted without an NOC from the Labour Commissioner, Maharashtra State, Mumbai, stating that all legal dues have been paid to the workers or satisfactory arrangements between management and workers have been made. However, in respect of any open land in the Industrial Zone where industry never existed, NOC from the Labour Commissioner shall not be required.

iii) Recreational open space as may be required under regulations for Residential use shall be provided.

iv) The land to be provided as amenity space in the provisions mentioned hereunder shall be handed over to the Authority free of encumbrances.

v) In the layout or sub-division of such land admeasuring up to 2 Ha., 10% of land shall be provided for public utilities and amenities, like electric sub-station, bus-station, sub-post office, police outpost, garden, playground, school, dispensary, and such other amenities/utilities as may be considered necessary. In case of land measuring more than 2 ha., such amenity space shall be 10% up to 2 ha. area and 15% for the area over and above 2 ha.

vi) The land having an area up to (2) 1.0 hectares in size, which is allocated for industrial use, may be permitted to be used for Residential purposes or any other permissible uses in the Residential/Commercial Zone. The owner/developer shall provide either 10% amenity space in the form of open land or 5% built-up space in the proposed construction at the appropriate location, preferably on the ground floor. Amenity TDR, as per regulation containing provisions of TDR, shall be permissible.

vii) The land under public utility/amenity shall be handed over to the Planning Authority instead of FSI / TDR with proper access and leveling of the land. These areas will be in addition to the recreational space as required to be provided under these regulations.

viii) At least 50% of total land provided for public amenity/utility space shall be reserved for unbuildable purposes, such as gardens, recreational grounds, etc., by the Authority. (1) Provided that if such amenity space is less than 1000 sq.m., then it shall be reserved only for unbuildable purposes such as garden, and recreational ground and may be allowed on internal road/Layout road/existing road/access road having a width less than 12.0 m.

ix) The required segregating distance between the Industrial Zone and the area over which Residential use is permitted under this regulation, shall be provided within such land intended to be used for residential or commercial purposes. In case an adjoining area is developed and an obnoxious industry exists on such part, then necessary segregation distance shall be provided. However, if a non-obnoxious user exists on such part, no such segregation distance shall be provided.

x) Such residential or commercial development shall be allowed within the permissible FSI of the nearby Residential or Commercial Zone.

xi) Provision for Amenity Spaces shall be considered to be reservations in the Development Plan, and Transferable Development Rights against such amenity as per Regulation No.11.2 may be given, or FSI of the same equivalent to the TDR quantum shall be available for utilization on the remaining land. Moreover, the owner shall be entitled to develop the remaining land with permissible TDR potential, including the land under amenity space, subject to the maximum permissible limit of FSI (Maximum Building Potential) as mentioned in Regulation No.6.3.

xii) Residential / Commercial use may be allowed on the part area of the land holding subject to the condition that the total area of the entire industrial land holding shall be considered for deciding the percentage of the land to be earmarked for public amenity/utility spaces, as per these regulations.

xiii) If Development Plan Reservations (excluding DP Road / Road widening) fall within or adjacent to the land of the same land owner under the I to R provision, then such reservation may be adjusted in amenity space in the following manner :

a) If the area under the development plan reservation is less than the area required for public amenity space as per this regulation, then only the difference between the areas shall be provided for public amenity space.

b) If the area under reservation in the development plan is more than the area required for public amenity space as per this regulation, then the area for public amenity space shall be provided equal to the area required under this regulation.

The word "adjacent" shall also include the land of the same owner separated by nallah, river, canal, road, etc., for the purpose of this regulation.

xiv) Provisions of Accommodation Reservation mentioned in Regulation No.11.1 shall not be applicable for the development of amenity space provided in this regulation.

xv) Minimum 10% built-up area (basic FSI) for the area up to 1 ha. and 5% built-up area (basic FSI) for an area more than 1 ha., shall be used for offices and commercial purposes, in case of development undertaken under this regulation, by closing down the existing industry. However, this provision shall not be applicable, in case of permission being sought under this regulation, where such a plot falls in the industrial zone, without existing industry.

xvi) The provision of inclusive housing, as mentioned in Regulation No.3.8, shall not be applicable. However, 20% of the land or FSI proposed to be used for residential purposes shall be utilized for plots below 100 sq. m. in case of plotted layout development or below 50 sq. mt. built-up area tenement in case of construction of housing scheme.

xvii) The industrial zone on which Residential/Commercial permission is granted, it shall be deemed to be converted into a Residential/Commercial zone to the extent of that area, after issuance of the final occupation certificate to the project.

xviii) If, at the request of the Authority, the owner agrees to construct the amenity on the land on such amenity space, then he shall be entitled to construction TDR / FSI as per TDR Regulations.

c) On the date of draft publication of these UDCPR, if the entire holding of a person at a place in an industrial zone measures less than 500 sq.m., then the regulation mentioned in (b) above shall not be applicable and such plot in an industrial zone shall be deemed to be included in the adjoining zone, if requested by the owner.

d) If the land for an industrial unit is acquired under the provisions of the relevant Land Acquisition Act, then prior permission of the Government is necessary before permitting residential use on such lands and additional items and conditions mentioned in Land and Revenue Department, G.R. No.Sankirna-01/2017/C.R.11/A-2, dated 11/01/2018, as amended from time to time, shall be applicable.