Panchayat:Repo18/Law Manual Page0795
theatre, nor multi storeyed theatre and not even an air conditioned theatre. The Kerala Cinemas Regulation Rules, being the special law governing construction of cinema houses should prevail over the Kerala Municipality Building Rules which is a general law. - Dhanabhagyam Ammal S. and Another V. State of Kerala and Another- 2007 (4) KHC 901 : 2007 (4) KLT SN 53.
58. Group F - Mercantile or commercial occupancy.- (1)
Approval of the District Town Planner shall be obtained for usage of plot and lay-out of buildings with total floor area exceeding 4000 sq. metres, but upto 10000 sq. metres and approval of the Chief Town Planner shall be obtained for the lay out of buildings and usage of plot with total floor area exceeding10000 sq. metres.
Provided that, if the area is covered under any Town Planning Scheme, the usage of plot shall conform to the provisions contained in that scheme.
(1a) Except for high rise buildings, side yards may not be provided for buildings under Group F Mercantile or Commercial occupancy in an area exclusively zoned for commercial use in any Town Planning Scheme under Town Planning Acts in force:
Provided that if any window or ventilator or such other opening is envisaged on any side of the building, that side shall have a minimum clear open yard of 1.5 metres.
(2) The rear yard shall not be less than 1.5 metre depth in Group F-mercantile or commercial building, of height upto 10m. (3) Secretary shall permit parking building/plazas/towers in any zone, if it does not adversely affect the existing trend of development of that area.
(4) Parking building/parking plazas/parking towers shall have minimum 5 metres open space all around the building
Provided that provisions regarding additional open space corresponding to increase in height shall not apply to parking building.
(5) Not more than fifteen percent of the total floor area of the parking building shall be permitted for shop or restaurant or hotel or office purpose
(6) Sanitation facilities shall be provided as in mercantile occupancy buildings set out in Table 6.
(7) In the case of appurtenant building used exclusively for parking purpose of the main building and constructed in the same plot, the open yard abutting the street shall have minimum 3 metres or that required for the main building whichever is less and other sides shall have minimum 1 metre upto 10 metres height buildings and additional open space corresponding to height of the building shall be provided at the rate of 50 cm for every 3 metres height till the open space around the building attains 5 metres and thereafter no further open space need be provided corresponding to height.
(8) The building under sub rule (7) may abut the main building but the light and ventilation of the main building shall not be reduced below the required minimum by such abutting
(9) An area equivalent to twenty percent of the open space actually provided in the plot other than the mandatory open space shall also be permitted to be covered by building for parking constructed for the use of the main building.
(10) In the case of parking buildings there shall be no limit to height in relation to width of road and the open yard abutting that road but the height restriction in the vicinity of air port shall be complied with.