KILIFI TOWN - DRAFT FINAL ZONING REGULATIONS-9

County Government of Kilifi

Zoning Regulations for Kilifi Town

Draft Final Report - June 2021Prepared by: Physical Planning & Environmental ConsultantsView Park Towers, 4th Floor, Wing C, along Utalii Lane, Nairobi CBD,PO Box 105861-00101, Nairobi.Phone: 0720922169,Email: supremeplansconsultants@gmail.com,Website: www.supremeplans.co.ke.

Approval

Certification Statement:The zoning plan has been meticulously prepared in accordance with the statutory requirements of the County Government Act, 2012 (amended 2020), Urban Areas and Cities Act, 2011 (Amended 2019), and Physical and Land Use Planning Act Number 13 of 2019.Lead Planner: Plan. Silas Mbaabu (RPP 0249)Approved By: CECM Lands, Energy, Housing and Urban Development, Kilifi County Assembly, H.E. The Governor.

Preface

The Constitution of Kenya (2010) empowers counties with the mandate to undertake comprehensive planning, regulate land use, and control development, ensuring sustainable growth. Kilifi Town has been identified as an area requiring prompt and effective development regulations to guide its growth strategically and promote local and foreign investment. These zoning regulations are essential in creating a robust framework for orderly, sustainable development by recognizing and addressing the challenges stemming from rapid urbanization (which peaked at 5% growth per year from 2015 to 2021), the depletion of resources, and environmental degradation.

The primary goals encompass:

  • Enhancing clarity in the development application processes.

  • Providing a roadmap for infrastructure expansion, with priorities on water and sanitation, currently serving only 65% of households.

  • Fostering socio-economic development tailored to the needs of the community, which has grown by approximately 24% from 2015 to 2021. Approximately 15,000 new housing units are required to meet current demands.

There is a call to all stakeholders to actively engage and support the implementation of these regulations to enhance the living standards of the residents and protect the local environment.

Foreword

The Fourth Schedule of the Constitution delineates the powers allocated to counties regarding planning and land use regulation. The proposed framework is designed to mitigate the negative impacts of uncoordinated urbanization, which historically led to congestion, estimated at a 35% reduction in roadway efficiency during peak hours, inadequate infrastructure (average road width is only 5.5 meters against the recommended 10 meters), and environmental degradation, with reports indicating a 20% increase in flood-related incidents over the past five years.

Extensive stakeholder engagement, involving over 1,500 community members through surveys and public forums, has informed the development of the zoning regulations, ensuring that the zoning and spatial ordering align with national and regional developmental plans while paying close attention to ecologically sensitive areas, which cover up to 30% of land within Kilifi County. The zoning regulations will stipulate minimum land sizes, permitted uses of land across various zones, and the processes for development applications, facilitating responsible land use that meets the community's needs.

Acknowledgement

This zoning regulation report is a product of collaborative efforts among various stakeholders—county officials, residents, and consultants—all of whom contributed valuable insights and support throughout the drafting process. Special thanks are extended to key figures, including the Governor and CECM, for their unwavering guidance and support, which were instrumental in the formulation of these regulations.

Recognition is also given to the diverse input from various stakeholders, particularly county staff and consulting teams, highlighting the spirit of teamwork that drove this initiative forward.

Table of Contents

  • Approval

  • Preface

  • Foreword

  • Acknowledgement

  • List of Tables

  • List of Figures

  • List of Plates

  • List of Maps

  • Acronyms

  • Definition of Terms

  • Chapters including Introduction, Location Context, Legal and Policy Framework, Situational Analysis, Stakeholders Engagement, Planning Issues, Land Use Zones, and Implementation Framework.

Definition of Terms

  • Cantilevered Balcony: A balcony type that extends outward from a wall without any vertical support beneath it, typically contributing to a maximum overhang of 1.5 meters, enhancing architectural aesthetics and functionality.

  • Building Line: An imaginary line defined by the boundary of a property within which construction must occur, ensuring adherence to local regulations regarding building placement; generally set at 6 meters from the road reserve.

  • Setback: The minimum distance that structures must be set back from defined points, such as roads (usually between 10-15 meters) and property boundaries, facilitating safety, light access, and privacy.

Chapter One: Introduction

Overview

Kilifi Town faces several challenges, such as land use conflicts exacerbated by a population density of 200 people/km², inadequate infrastructure (with an average road width of 5.5 meters against the recommended 10 meters for urban areas), and recurring flooding events reported to affect 15% of the town annually due to heavy rainfall (average of 1,200 mm per year). The profound land use changes brought on by rapid urbanization (approximately 5% annual growth) necessitate the establishment of clear zoning regulations aimed at effective management and sustainable growth, adhering to established laws governing land use in Kenya.

Project Objectives

  • Develop coherent zoning regulations for Mtwapa, Mariakani, Kilifi, and Malindi, with the goal of creating reformed planning instruments that facilitate sustainable growth. Focus on increasing urban green spaces by 20% by 2025 to enhance biodiversity and public health.

Specific Objectives

  • Analyze existing land use zoning to identify inconsistencies impacting 10% of ongoing projects, estimated delays in permitting timelines by approximately 3 months.

  • Determine applicable zoning regulations that harmonize with community needs and development goals, particularly in housing where current demand exceeds supply by 40% (approximately 6,000 new units needed).

  • Review existing development control frameworks focusing on their effectiveness and areas of improvement, with more than 25% of projects encountering challenges due to vague guidelines.

  • Propose integrated zoning regulations that reflect comprehensive planning principles, ensuring all new developments meet sustainable building standards.

Scope of the Project

This project focuses specifically on Kilifi Town, encompassing an area of approximately 127.6 km², of which 20% is reserved for public utilities and green spaces. Public participation is critical, targeting an expected turnout of 60% of the local population who will be consulted to ensure comprehensive engagement and input from the community.

Deliverables

The anticipated deliverables for this project include:

  • An Inception Report outlining project objectives, methodologies, and stakeholder engagement plans.

  • A Situational Analysis Report detailing current conditions, challenges, and opportunities in Kilifi Town.

  • Draft Zoning Regulations outlining new zoning categories and land use guidelines.

  • Final Implementation Framework including monitoring and evaluation strategies to ensure compliance and alignment with community needs paired with visual zoning maps of land use throughout the town.

Methodology

The project methodology consists of five distinct phases:

  1. Stakeholder engagement through online and offline surveys to gather insights (targeting a minimum participation of 75% from key stakeholders).

  2. Data analysis to identify trends and opportunities.

  3. Drafting zoning regulations that incorporate community feedback.

  4. Iterative feedback loops involving key stakeholders.

  5. Finalization and presentation of zoning regulations, estimated to be completed over a six-month timeline.

Chapter Two: Location Context

National Context

Kilifi Town is strategically located along the coastal region of Kenya, serving as the County Headquarters. The town is well-connected by essential road networks, boasting an approximate 85% accessibility to major transport corridors, allowing efficient movement for trade and access to services.

Local Context

Detailed sub-location maps will illustrate the distribution of land usage, showcasing:

  • Residential areas constituting around 50% of total land use surveyed, with the highest densities observed in informal settlements where land costs are reduced but building quality is compromised.

  • Commercial and industrial zones encompassing 25% of land use, with a current underutilization rate of around 30%.

  • Community facilities and green spaces covering 25%, with public parks currently comprising only 5% of total land area.

Chapter Three: Legal and Policy Framework

Legal Framework

Key legislative documents guiding this framework include:

  • The Constitution of Kenya, which provides a framework for devolution and local governance.

  • The Physical and Land Use Planning Act, which sets out the legal requirements for zoning and land use control.

  • Environmental Management and Coordination Act, focusing on sustainable environmental practices.

All these documents ensure compliance and sustainability, emphasizing environmental conservation and community welfare.

Policy Framework

This zoning framework includes considerations for Sustainable Development Goals (SDGs), advocating for responsible urban development (Goal 11), while promoting zero hunger (Goal 2) and gender equality (Goal 5) by ensuring equitable land access. It guides local governments to align their policies, strategies, and programs toward achieving economic growth while safeguarding the environment. The Local Physical Development Plan, a key guiding document, emphasizes equitable land use and community welfare by addressing the disparities in access to housing and basic services.

Key Institutions

A detailed discussion will be provided regarding the institutional structures supporting land use regulation, which includes:

  • Local Government Agencies, such as the Kilifi County Land Management Board and the Town Planning Department.

  • Community-Based Organizations involved in local development projects, with examples of successful initiatives demonstrating community engagement in land use planning.

  • Non-Governmental Organizations (NGOs) supporting sustainable urban development efforts in Kilifi County.

Chapter Four: Situational Analysis

Overview

The situational analysis examines:

  • Physical Environment: Current topographical features, utilizing GIS (Geographical Information Systems) to identify critical areas prone to flooding and suggest mitigation measures.

  • Demographic Statistics: The current population density of 200 people/km², projected to reach 250 people/km² by 2030, which underscores the urgent need for development regulations.

  • Economic Activities: Services contributing 45% of local GDP, with agriculture and tourism additionally highlighting opportunities for growth in job creation.

  • Local Infrastructure: Inadequate public infrastructure—the current road network comprising only 40% of the recommended capacity, significantly impacting transportation efficiency and community access.

  • Land Use Patterns: The existing land use pattern reflecting a mix of residential, commercial, industrial, and undeveloped land, pinpointing areas that require immediate regulatory frameworks for sustainable development.

Environmental Assessment

This assessment identifies climatic impacts, vegetation types, topography, and hydrological features focusing on:

  • Climatic Zones: Variation in rainfall leading to agricultural challenges, with an emphasis on drought-resistant crops and irrigation systems to adapt.

  • Vegetation Types: Mapping of native species and potential areas for reforestation, thereby promoting biodiversity.

  • Hydrological Features: Analysis of water bodies, highlighting the need for sustainable management to protect sensitive ecological zones, with specific attention to marine and coastal ecosystems, which account for 20% of the county's land area. Sustainable practices are incorporated into land use to mitigate pollution and resource depletion.

Chapter Five: Stakeholders Engagement

Overview

A thorough engagement process involving consultations with various community members was implemented to influence the regulation formulation and ensure that proposed solutions reflect community consensus. The engagement process included explanations about zoning, coupled with workshops, public forums, and stakeholder meetings aiming for:

  • 75% Participation from invited entities, ensuring diverse representation across demographics.

  • Feedback collection with over 80% of participants indicating support for the proposed zoning regulations, along with prioritized community development projects such as improved public transport systems and enhanced green spaces.

Chapter Six: Summary of Key Planning Issues

Issues Addressed

The report addresses uncontrolled urbanization by:

  • Providing robust guidelines for waterfront development to protect coastal areas.

  • Proposing innovative land use integration strategies with zoning that emphasizes mixed-use developments to enhance urban density while maintaining quality of life.

  • Ensuring that development projects foster public spaces (proposing a minimum of 12% of land be reserved for parks and community use) to benefit local residents.

  • Focusing on community benefits that prioritize social equity, infrastructure resiliency, and disaster preparedness measures. More than 30% of Kilifi’s population lives in informal settlements with limited access to basic services.

Chapter Seven: Land Use Zones and Regulations

Overview of Zones

A comprehensive description of each designated zone will be provided, including a detailed characterization of land uses and density restrictions:

  • Residential Zones (40% of total area):

    • Permitted uses include:

      • Single-family homes (minimum plot size 200 m²)

      • Multi-family units with a maximum density of 30 units per hectare.

    • Standards include setback requirements of 10 meters from main roads and 8 meters from boundaries.

  • Commercial Zones (15% of total area):

    • Permitted uses include:

      • Retail, office spaces, and mixed-use developments (with retail on the ground floor and residential above).

    • Minimum lot size of 400 m², FAR of 1:2 encouraging vertical development.

  • Industrial Zones (10% of total area):

    • Designated activities include:

      • Manufacturing, warehousing, and logistics operations.

    • Minimum lot size of 500 m², with sound pollution regulations enforced through monitoring.

  • Public and Community Facilities (10% of total area):

    • Uses include:

      • Schools, healthcare facilities, and community centers.

    • Maximum height restriction of 2 stories to maintain neighborhood character.

  • Green Spaces and Parks (15% of total area):

    • Ensuring:

      • At least a 10% retention of natural vegetation and promoting public recreational areas, with guidelines mandating landscape plans that incorporate native flora.

Zoning Regulations

Established guidelines will specify:

  • Permitted Types of Development: Enforced through multi-tier review and public feedback mechanisms.

  • Minimum Plot Sizes: Adult residential plots a minimum of 200 m²; commercial lots set at 400 m² to combat overcrowding.

  • Coverage Limitations: Building coverage not exceeding 60% for residential and 80% for commercial areas.

  • Building Regulations: Include provisions for fire safety, waste management, and environmental impact assessments tailored to zoning categories.

  • All developments must incorporate sustainable practices, including rainwater harvesting systems and incorporation of renewable energy, such as solar panels.

Chapter Eight: Implementation Framework

Overview

This chapter outlines a structured, collaborative approach to enforcing zoning regulations. It aims to detail implementation actions that involve local authorities, which will adopt a stringent compliance monitoring system. Reporting on zoning adherence will occur biannually, with feedback loops integrated into project evaluations.

Planning Department Capacity

This section outlines actionable steps intended for effective planning and compliance monitoring with zoning regulations, including:

  • Capacity-building programs aimed at increasing staff proficiency and community awareness campaigns to bolster governance and institutional integrity.

  • Establishment of a Local Zoning Task Force to oversee implementation, involving diverse stakeholders, including local NGOs and community leaders.

Conclusion

This zoning report lays out a detailed framework designed to enhance structural organization, sustainably manage growth, and ensure the flourishing of Kilifi Town amid increasing urban pressures. It focuses