Beruflich Dokumente
Kultur Dokumente
DEFINITIONS
In this by-law, unless inconsistent with the context "accommodation establishment" (verblyfsonderneming) means a building,
excluding a hotel, hostel or guest house, which consists of a number of rooms
individually let or occupied in a manner other than provided for in section
10.2.2.(f);
"additional dwelling unit" (addisionele wooneenheid) means a dwelling unit
which is erected on an erf zoned agriculture or single residential and on which a
dwelling house already exists or is in the process of being erected; provided that
the dwelling unit (i)
(ii)
(iii) must be physically shut off or be able to be shut off from the dwelling
house;
"agricultural building" (landbougebou) means any building or structure
normally erected and used in connection with the farming operations on a farm,
and includes a dwelling house and accommodation for employees;
"agricultural land" (landbougrond) means land used for farming purposes,
including forestry;
"basement storey" (kelderverdieping) means any storey with a floor level at
least 2 m lower than the average level of the land around the building;
"block of flats" (woonstelblok) means a building which consists of a complex of
flats;
"building line" (boulyn) means the distance from an erf boundary within which
no building or structure may be erected, excluding a boundary wall, pergola or
fence;
"common boundary" (gemeenskaplike grens) means every boundary of an erf
excluding a street boundary;
"Council" (Raad) means the Council of the Municipality of Stellenbosch;
"coverage" (dekking) means the percentage of the area of an erf which may be
covered by buildings or structures under a roof, measured from the outer surface
of outside walls, but excluding an eave projection of 75 cm, or such other greater
projection as the Council may approve in exceptional cases for the sake of good
architecture;
"day-care centre" (dagsorgsentrum) means any building or site which is
maintained or is used, whether for profit or otherwise, for the reception,
protection and temporary or partial care of children away from their parents, but
does not include a hostel, institution or an educational institution;
(ii)
any activity is carried out which is connected with or incidental to any one
or more of the activities mentioned in paragraphs (i) to (iv);
but does not include a public garage, service or filling station, noxious trade,
light industry, warehouse, workshop and premises or buildings on or in which the
activities mentioned in paragraphs (i) to (v) are carried out (a)
inside and secondary to a shop, solely for the purpose of selling by retail
from that shop;
(b)
(c)
-3(d)
(e)
on a site used temporarily and solely for carrying out building work or an
activity connected therewith;
(ii)
-4"ground level" (grondvlak) means the mean between the highest and the
lowest natural ground levels immediately adjacent to the building;
"ground storey" (grondverdieping) means the lowest storey, excluding a
basement storey, of a building above the average ground level of the site around
such building;
"group housing" (groepbehuising) means a group of separate and/or linked
dwelling units which is planned, designed and built as a harmonious architectural
entity with a medium density character and of which every dwelling unit has a
ground floor; such dwelling units may be cadastrally subdivided;
"group housing erf" (groepbehuisingserf) means a subdivided portion of a
group housing site approved for the erection of a dwelling unit as part of a group
housing scheme, which has been or may be transferred to an individual owner;
"group housing site" (groepbehuisingsperseel) means a portion of land on
which a group housing scheme has been or is to be erected;
"guest house" (gastehuis) means an owner-managed commercial
accommodation establishment of not more than 16 bedrooms or suites, which
has as its primary source of business the supply of tourist accommodation and a
substantial breakfast for resident guests; provided that (i)
(ii)
the building may, in terms of the Liquor Act, 1989 (Act 27 of 1989), be
licensed only for the purposes of on-consumption and subject to any
conditions or restrictions which the Council may impose; and
(iii) a hotel, hostel and accommodation establishment are not included in the
definition;
"home-enterprise" (tuisonderneming) means any activity which is carried out in
or from a dwelling house on an erf where the dominant use is and remains
residential, but excluding any noxious trade;
"hostel" (koshuis) means a residential building for students in the university
zone, or for scholars or students at a provincial or government school or college;
"hotel" (hotel) means a purpose built building in which lodging, meals and
beverages are provided, which is readily accessible to the public and which
qualifies for membership of the National Grading and Classification Scheme of
the South African Tourism Board;
"hothouse" (plantkweekhuis) means an appropriately designed and equipped
structure which is used exclusively for the cultivation of plants and crops;
"institution" (inrigting) means a building or portion of a building utilised or
intended to be utilised as a social or welfare institution or for the administration
thereof, and includes a hospital, nursing home or clinic, whether private or
public, but does not include any hospital, sanatorium, clinic or institution for the
any floor areas, including basement storeys, reserved exclusively for the
parking of vehicles; and
(ii)
(ii)
(ii)
-8(iii) development rules other than those applicable in a group housing zone
may in respect of a retirement village be determined by the Council;
"scheme map" (skemakaart) means the map referred to in section 3 infra;
"semi-detached dwelling" (skakelhuise) means a building with two attached
single-storeyed residential units, each with its own entrance from the street;
"service or filling station" (diens- of vulstasie) means a building in which motor
vehicles, fuel and accessories are sold and in which repairs may be effected,
excluding panel beating, duco spraying, body building and blacksmithing;
- 11 2.
SCHEME AREA
This by-laws shall be applicable to the entire area which has been or may be
incorporated within the municipality by proclamation of the Premier.
3.
SCHEME MAP
3.1
A scheme map shall be kept in the office of the chief town planner and in such
other offices as the Council may direct, and shall be available for inspection
during normal office hours.
3.2
The use zoning for each erf in the scheme area, in so far as it is not
undetermined, shall be indicated on the scheme map, ordinarily in use zones for
groups of erven, and shall be identified by means of a key as indicated in section
9.1 hereunder.
4.
ERF REGISTER
Notwithstanding the fact that the use zoning for erven in the scheme area is
indicated on the scheme map, the Council shall cause to be kept a register of all
erven in the said area in which shall be recorded details of the use zoning and
any other relevant information in respect of each erf, and if there should be any
uncertainty on the identification of the use zoning of an erf according to the
scheme map, the evidence of the erf register shall be assumed to be correct.
5.
5.1
In the schedule of land uses under section 10 distinction is made, for as far as
the Council deems it practicable, between the ordinary and extraordinary
purposes for which buildings or structures may be used or erected on an erf
which is zoned for a particular use, but notwithstanding the fact that provision is
actually made for such extraordinary purposes, the approval of the Council must
be obtained therefor in advance in each case, which approval the Council may
refuse as it may deem fit, or grant, subject to such conditions as it may deem
necessary in each case or as a general rule.
5.2
Before approval is granted by the Council in terms of section 5.1, the town clerk
shall(a)
cause the said application to be advertised if, in his opinion, any person
may be adversely affected thereby; and
(b)
obtain the relevant comments of any person who in his opinion has an
interest in the application.
- 12 For the purposes of this section "advertise" has the meaning assigned thereto in
the ordinance.
5.3
- 13 6.
6.1
6.2
Access to or exit from any property or piece of land from or to any public place
or property may be prohibited across any boundary line; provided that the
Council may allow the relaxation of the access restriction subject to such
conditions as it may deem fit if, as a result of surrounding circumstances, the
adherence to the access restriction would unreasonably hamper the
development of the property; provided further that this proviso shall not apply to
land adjacent to any main- or national roads insofar as it is contrary to the
requirements of any Law or Ordinance.
7.
URBAN AESTHETICS
7.1
7.2
8.
SPECIAL AREAS
8.1
Notwithstanding the fact that a particular use zoning attaches to an erf, group of
erven or erven in a particular locality in terms of this zoning scheme, or if such a
particular zoning has not been determined as yet, the Council may declare such
erf, group of erven or locality as a special area if it should be of opinion that, for
particular reasons, any form of development on that erf, group of erven or in that
locality should be specially controlled, irrespective of the normal development
restrictions prescribed elsewhere in this by-law.
8.2
- 14 (b)
(c)
(d)
(e)
(f)
coverage;
(g)
floor factor;
(h)
(i)
any other aspect which the Council may deem necessary in a particular
case.
8.3
The special rules pertaining to the control over building construction in the
historical centre, as set out in Annexure A added hereto, is prescribed as a
general indication of the aims of the Council.
9.
9.1
In the schedule hereunder details of all land uses in respect of erven in the
scheme area are set out under code letters as follows:
LU: nature of land use, with an indication of the medium for identifying such
zoning on the scheme map;
ND: normal development in the form of buildings or structures which may be
erected for specific purposes on an erf for the exploitation of the assigned
use;
SD: special development in the form of buildings or structures on an erf, the
erection of which the Council may approve for exceptional purposes;
RD: rules of development pertaining to the erection of buildings or structures on
an erf and the site lay-out, subject to any provisions to the contrary in the
Council's building regulations which may be in force in the scheme area;
and
IM: identification medium for the various land uses.
The normal and special developments per use zone are indicated in Table A.
NORMAL DEVELOPMENT
SPECIAL DEVELOPMENT
- 15 Agriculture
Agricultural buildings
- 16 ZONING
Single Residential
Group housing
General Residential
General Business
Restricted Business
Specific Business
NORMAL DEVELOPMENT
Dwelling house
Hothouse
SPECIAL DEVELOPMENT
Additional dwelling unit
Day-care centre limited to 15 or
less children.
Guest house
Breeding of dogs
Use of a minor portion of a
dwelling house by a permanent
resident for social, religious or
occupational purposes or for a
home-enterprise.
Accommodation of additional
persons.
Group housing and, in the case Retirement village
of subdivision in group
Day-care centre limited to 15 or
housing erven, one dwelling
less children.
unit per group housing erf.
Town housing and, in the case of
subdivision in town housing
erven, one dwelling unit per
town housing erf.
Use of a minor portion of a
dwelling unit by a permanent
resident for social, religious or
occupational purposes or for a
home-enterprise.
General residential building
Guest house
Existing dwelling house
Shops
Guest house
Offices
Hotel
Private parking area
Liquor store
Existing dwelling house
Pub/Tavern
General residential units above Gathering place
the ground storey in a building Funeral parlour
complex of which at least the
Service or filling station
ground storey is used for busi- Motor showroom
ness purposes.
Warehouse
Workshop
Shops
To be determined through negoOffices
tiations with the Council, but
Existing dwelling house
comprise only uses as permitted
General residential units above in the general business zone.
the ground storey in a building
complex of which at least the
ground storey is used for business purposes.
None
- 17 ZONING
Special Business
Institution
NORMAL DEVELOPMENT
Shops
Warehouse
Workshop
Service or filling station
Light industry
Service or filling station
Warehouse
Workshop
Accommodation for supervisory
staff where necessary.
Point of sale
Factory
Service or filling station
Light industry
Public garage
Warehouse
Workshop
Accommodation for supervisory
staff where necessary.
Point of sale
Noxious trade
Wine Industry
Accommodation for supervisory
staff where necessary.
Point of sale
Institution
Educational Institution
Educational Institution
University
Light Industrial
General Industrial
Noxious Industrial
Wine Industry
Place of worship
Public open space
Private open space
SPECIAL DEVELOPMENT
Public garage
Gathering place
Motor showroom
Public garage
Gathering place
Transport usage
Gathering place
Transport usage
None
None
Gathering place
Hospital, sanatorium, clinic or
institution for the treatment of
infectious or contagious
diseases, or for the detention or
treatment of persons who are
mentally deficient or ill.
Any development of which the
Council may approve which is
related to educational institution.
None
None
None
None
- 18 ZONING
Local authority
Government
Undetermined
Special zone
NORMAL DEVELOPMENT
SPECIAL DEVELOPMENT
See section 10.19.
Any development upon which
the Council and the other party
may agree.
Existing uses
Special usage
9.2
If, in a particular use zone which makes provision for more than one land use
(whether as a normal development or a special development), an erf is
developed or used for a land use for which development rules are prescribed in
another use zone, then those development rules shall apply to the land use
concerned, unless other development rules are prescribed in the particular use
zone.
9.3
If, in a particular use zone which makes provision for more than one land use
(whether as a normal development or a special development), an erf is
developed or used for land uses for which development rules are prescribed in
another use zone, whether in a combined building or separate buildings, then
those development rules shall apply to the land uses concerned, unless other
development rules are prescribed in the particular use zone.
9.4
If separate portions of an erf should be zoned for separate land uses, the
prescribed rules of development for each such use shall be applied separately to
that portion of the erf to which the said use is attached, as if such portion is a
separate erf, and no merger of the uses or rules of development for the separate
uses shall be permitted.
10.
10.1
LU: AGRICULTURE:
IM:
10.1.1
10.1.2
SD:
(a)
(b)
Day-care centre
(c)
Guest house
(d)
Farmstore
- 19 (e)
(f)
(ii) in the case of a dwelling house occupied by a single person, not more
than four additional persons who are not related to such single
person; provided that such single person shall be the registered
owner, or a direct blood relation of the registered owner, of the
dwelling house concerned.
10.1.3
10.2
RD:
(a)
(b)
Parking with respect to guest house: 0,7 parking bay for every suite or
bedroom.
IM:
10.2.1
10.2.2
ND:
(a)
(b)
SD:
(a)
(b)
(c)
Guest house
(d)
(e)
- 20 (f)
- 21 (ii) in the case of a dwelling house occupied by a single person, not more
than four additional persons who are not related to such single
person; provided that such single person shall be the registered
owner, or a direct blood relation of the registered owner, of the
dwelling house concerned.
10.2.3
RD:
(a)
Building lines:
(i)
Building lines
Erf area
(m)
Street boundary
(m)
Common boundary
(m)
2,0
1,5
251 - 500
3,0
1,5
501 - 750
4,0
2,0
751 - 1 500
4,5
2,5
5,0
3,0
(ii) Notwithstanding section 10.2.3(a)(i) (aa) the street building line in respect of private garages and carports
shall be at least 4 m;
(bb) an eaves projection may exceed the prescribed street or
common building line by at most 1 m;
(cc) the Council may approve the erection of a building or structure
which exceeds a common building line provided that such
deviation shall comply with the Council's approved "Guidelines
for Deviations"; and
(dd) the one lateral building line in respect of erven with an area of
250 m and smaller is 0 metre for the purpose of erecting nonhabitable rooms.
- 22 (b)
Erf area
(m)
Coverage
(%)
0 - 1500
1500
and greater
60 minus
(Erf area in m x 0,02)
Floor factor
0,9 minus
(Erf area in m x 0,0003)
30 %
0,45
(d)
Parking:
Parking (which may include garages) shall be provided on the erf to the
satisfaction of the Council in the following ratios:
(i)
Exceptions:
(i)
- 23 (ii) In the case of a minor portion of a dwelling house being used for
social, religious or occupational purposes or for a home-enterprise,
the following rules of development shall apply:
(aa) The dominant use of the property shall remain residential;
(bb) No name or advertising sign shall be erected on the property,
except one which complies with the Council's approved
"Guidelines for the design and control of signs";
(cc) The residential character of any facade of the dwelling house
shall not be altered;
(dd) The non-residential use shall not create a nuisance to the
neighbourhood or be detrimental to the residential character or
amenity of the neighbourhood;
(ee) Except with the written consent of the Council, not more than two
persons besides the resident shall be employed on the property
in connection with such use;
(ff)
(gg) Parking for employees or visitors with respect to such use shall
be provided on the erf to the satisfaction of the Council.
(iii) In the case of a dwelling house being used for the accommodation of
additional persons as contemplated in section 10.2.2(f), the following
rules of development shall apply:
(aa) The use shall not create a nuisance to the neighbourhood; and
(bb) Parking for all the residents of the dwelling house
provided on the erf to the satisfaction of the Council.
shall be
(iv) In the case of the breeding of dogs, the following rules of development
shall apply:
(aa) The applicant shall be a registered member of a dog breeding
union;
(bb) Not more than six dogs shall be kept on the erf;
(cc) The use shall not create a nuisance to the neighbourhood; and
(dd) No name or advertising sign shall be erected on the property,
except one which complies with the Council's approved
"Guidelines for the design and control of signs".
(v) In the case of an additional dwelling unit, the following development
rules shall apply over and above the standard development rules in
section 10.2.3:
- 24 (aa) the height of the additional dwelling unit shall not exceed one
storey;
(bb) the additional dwelling unit shall conform to the primary dwelling
unit as far as the design and use of material are concerned;
(cc) one additional parking bay shall be provided on the erf
concerned for the exclusive use of the residents of the additional
dwelling unit; and
(dd) the erf shall not be subdivided cadastrally.
- 25 10.3
IM:
10.3.1
ND:
Group housing as defined in section 1, and in the case of a subdivision in group
housing erven, one dwelling unit on each group housing erf.
10.3.2
10.3.3
SD:
(a)
Retirement village
(b)
(c)
(d)
RD:
(a)
Building lines:
(i)
(ii) Notwithstanding section 10.3.3(a)(i) (aa) a building or structure which exceeds a building line may be
erected provided that such deviation is in accordance with a site
development plan which has been approved by the Council with
respect to the group or town housing scheme; and
(bb) the Council may require more restrictive building lines if
considered necessary for the good order, safety or aesthetics of
the group or town housing scheme or where the scheme
concerned borders on another zone.
(b)
Height of buildings:
As prescribed for single dwellings under section 10.2.3(c).
(d)
Parking:
At least two parking bays per dwelling unit in a group or town housing
scheme shall be provided to the satisfaction of the Council on the group or
town housing site.
(e)
Density:
(i)
(ii) For the purposes of this subsection "private outdoor space" and
"service yard" means the area adjoining any given dwelling unit in a
group or town housing scheme which is reserved for the exclusive use
of the occupants of the dwelling unit concerned and intended to be
used respectively for:
(g)
Aesthetics:
(i)
(ii) A site development plan shall be submitted for approval for every new
group or town housing scheme to the satisfaction of the Council
Exceptions:
In the case of minor portion of a dwelling unit being used for social,
religious or occupational purposes or for a home-enterprise, the rules of
development as prescribed in section 10.2.3(e)(ii) shall apply.
10.4
IM:
10.4.1
10.4.2
10.4.3
RD:
(a)
Building Lines:
(i)
Coverage:
(i)
25 % for the main building plus not more than 25 % for covered
vehicle shelters standing apart from the main building;
(ii) where an owner is compelled to surrender a portion of his erf for street
widening, the coverage shall be calculated on the remaining portion
only; and
(iii) where in the Council's opinion an existing building on a general
residential erf can be regarded as being worthy of preservation, it may
allow in addition to the existing coverage, a further coverage of 25 %
of the balance of the area of that erf, if the owner wishes to erect
dwelling units and is prepared to preserve the old building.
(c)
(d)
(e)
Height:
(i)
(ii) Where the provision for vehicle parking occupies at least 75 % of any
storey above ground level in a block of flats, one extra storey may be
allowed.
(f)
Floor factor:
(i)
- 29 1 000 - 1 499 m
0,4
1 500 - 1 749 m
0,5
1 750 - 1 999 m
0,6
0,75
- 30 (g)
Street services:
Where a development scheme is planned for an erf on a street less than
15 m wide, the owner shall be compelled to provide a portion of this erf for
acquisition by the Council for street widening in order that the new street
boundary will be not less than 7,5 m away from the centre of the street.
(h)
Parking shall be provided on the premises for the exclusive use of the
residents concerned and their visitors to the satisfaction of the Council
in the following ratios:
-
Block of flats: 1,25 parking bays for every dwelling unit with a floor
area greater than 30 m;
OR
1 parking bay for every dwelling unit with a floor area of not more
than 30 m;
PLUS
0,25 parking bay for every dwelling unit for visitors.
Home for aged persons: 1 parking bay for every two bedrooms.
(ii) In the case of a block of flats the parking bays for visitors shall be
clearly demarcated and suitably indicated for such use by means of a
notice-board to the satisfaction of the Council.
(iii) In the case of a block of flats at least 25 % of the erf in an unbroken
unit area shall be reserved for gardening and recreation, physically
separated from the parking area, and the lay-out shall be subject to
the approval of the Council.
(iv) Commercial vehicles may use the parking area periodically for loading
or unloading supplies, but may not be parked there regularly.
10.5
IM:
10.5.1
ND:
- 31 Shops, offices, private parking area and existing dwelling house, as well as
general residential units above the ground storey in a building complex of which
at least the ground storey is used for business purposes.
10.5.2
SD:
Guest house, hotel, liquor store, pub/tavern, gathering place, funeral parlour,
service or filling station, motor showroom, warehouse and workshop.
10.5.3
RD:
(a)
Building lines:
(i)
Coverage:
(i)
(d)
(e)
Height restrictions:
(i)
Parking:
(i)
(bb)
(cc)
(dd)
(ee)
(ff)
the collective load capacity for all the washing machines on the
premises may not exceed 27 kg dry weight per wash; and
(gg)
(bb)
(cc)
10.6
IM:
10.6.1
ND:
Shops, offices (including professional uses) and existing dwelling house, as well
as general residential units above the ground storey in a building complex of
which at least the ground storey is used for business purposes.
10.6.2
SD:
To be determined through negotiations with the Council, but comprise only uses
as permitted in the general business zone.
10.6.3
10.7
RD:
(a)
(b)
IM:
10.7.1
ND: None
10.7.2
SD:
To be determined through negotiations with the Council, but comprise only uses
as permitted in the general business zone.
10.7.3
10.8
- 35 -
IM:
10.8.1
10.8.2
10.8.3
10.9
IM:
10.9.1
ND:
Light industry, service or filling station, warehouse and workshop, including
accommodation for supervisory staff, where necessary, as well as a point of
sale.
10.9.2
- 36 10.9.3
RD:
(a)
Building lines:
(i)
Street: 3 m , but if the street is less than 15 m wide, the Council shall
acquire a strip of land along the street from the owner of the erf, in
width equal to the difference between 7,5 m and the actual distance
between the centre line of the street and the existing street boundary,
in which event the building line shall be 3 m from the new street
boundary;
(ii) lateral: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary;
(iii) rear: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary; and
(iv) where an industrial erf bounds on a residential or business erf, the
building lines prescribed for the latter two classes of erven shall also
apply to the industrial erf with reference to the common boundaries.
10.10
(b)
Coverage: 75 %
(c)
Height: 3 storeys.
(d)
Parking: 1 parking bay on the site for each 100 m coverage, or part
thereof, up to 1 500 m, and thereafter 1 bay for each 200 m or part
thereof, and 25 % of all such bays shall be reserved specially for visitors.
(e)
Loading facilities on site: 1 loading bay for the first 250 m of coverage, plus
1 bay for the next 250 m, plus 1 bay for the next 500 m, plus 1 bay for
each 1 000 m thereafter.
IM:
10.10.1
ND:
Factory, service or filling station, light industry, public garage, warehouse and
workshop, including accommodation for supervisory staff, where necessary, as
well as a point of sale.
10.10.2
10.10.3
RD:
(a)
Building lines:
- 37 (i)
Street: 3 m, but if the street is less than 15 m wide, the Council shall
acquire a strip of land along the street from the owner of the erf, in
width equal to the difference between 7,5 m and the actual distance
between the centre line of the street and the existing street boundary,
in which event the building line shall be 3 m from the new street
boundary;
(ii) lateral: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary;
(iii) rear: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary; and
(iv) where an industrial erf bounds on a residential or business erf, the
building lines prescribed for the latter two classes of erven shall also
apply to the industrial erf with reference to the common boundaries.
10.11
(b)
Coverage: 75 %
(c)
Height: 3 storeys.
(d)
Parking: 1 parking bay on the site for each 100 m coverage, or part
thereof, up to 1 500 m, and thereafter 1 bay for each 200 m, or part
thereof, and 25 % of all such bays shall be reserved specially for visitors.
(e)
Loading facilities on site: 1 loading bay for the first 250 m of coverage, plus
1 bay for the next 250 m, plus 1 bay for the next 500 m, plus 1 bay for
each 1 000 m thereafter.
IM:
10.11.1
10.11.2
SD: None
10.11.3
RD:
(a)
Building lines:
(i)
Street: 3 m, but if the street is less than 15 m wide, the Council shall
acquire a strip of land along the street from the owner of the erf, in
width equal to the difference between 7,5 m and the actual distance
between the centre line of the street and the existing street boundary,
in which event the building line shall be 3 m from the new street
boundary;
- 38 (ii) lateral: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary;
(iii) rear: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary; and
(iv) where an industrial erf bounds on a residential or business erf, the
building lines prescribed for the latter two classes of erven shall also
apply to the industrial erf with reference to the common boundaries.
10.12
(b)
Coverage: 75 %
(c)
Height: 3 storeys.
(d)
Parking: 1 parking bay on the site for each 100 m coverage, or part
thereof, up to 1 500 m, and thereafter 1 bay for each 200 m, or part
thereof, and 25 % of all such bays shall be reserved specially for visitors.
(e)
Loading facilities on site: 1 loading bay for the first 250 m of coverage, plus
1 bay for the next 250 m, plus 1 bay for the next 500 m, plus 1 bay for
each 1 000 m thereafter.
IM:
10.12.1
ND:
Wine Industry, including accommodation for supervisory staff, where necessary,
as well as a point of sale.
10.12.2
SD: None
10.12.3
RD:
(a)
Building lines:
(i)
Street: 3 m, but if the street is less than 15 m wide, the Council shall
acquire a strip of land along the street from the owner of the erf, in
width equal to the difference between 7,5 m and the actual distance
between the centre line of the street and the existing street boundary,
in which event the building line shall be 3 m from the new street
boundary;
(ii) lateral: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary;
- 39 (iii) rear: the erf boundary, except where there should be servitude
reserves for municipal services along the boundary; and
(iv) where an industrial erf bounds on a residential or business erf, the
building lines prescribed for the latter two classes of erven shall also
apply to the industrial erf with reference to the common boundaries.
(b)
Coverage: 75 %
(c)
Height: 3 storeys.
(d)
Parking: 1 parking bay on the site for each 100 m coverage, or part
thereof, up to 1 500 m, and thereafter 1 bay for each 200 m, or part
thereof, and 25 % of all such bays shall be reserved specially for visitors.
(e)
Loading facilities on site: 1 loading bay for the first 250 m of coverage, plus
1 bay for the next 250 m, plus 1 bay for the next 500 m, plus 1 bay for
each 1 000 m thereafter.
- 40 10.13
LU: INSTITUTION:
IM:
10.13.1
ND: Institution
10.13.2
SD:
10.13.3
10.14
(a)
Gathering place
(b)
RD:
(a)
(b)
Coverage: 50 %
(c)
Height: 5 storeys.
(d)
IM:
10.14.1
10.14.2
SD:
Any development of which the Council may approve which is related to
educational institution.
10.14.3
RD:
Rules of development shall be determined by the Council according to the
specific nature of each development.
- 41 10.15
LU: UNIVERSITY:
IM:
10.15.1
ND:
Any buildings or structures normally required for university purposes, but
excluding purposes of an industrial character.
10.15.2
SD: None
10.15.3
RD:
(a)
Building lines:
(i)
Coverage:
(i)
(ii) hostels: 25 %.
(c)
Height: 5 storeys.
(d)
Parking:
(i)
10.16
IM:
10.16.1
10.16.2
SD: None
10.16.3
RD:
- 42 -
10.17
(a)
(b)
(c)
IM:
10.17.1
10.17.2
SD: None
10.17.3
RD:
No building or structure shall be erected or use practised except such as is
compatible with "public open space" as defined in section 1.
10.18
IM:
10.18.1
ND:
Private Open Space and any development of which the Council may approve
which is directly related to private open space.
10.18.2
SD: None
10.18.3
RD:
No building or structure shall be erected or use practised except such as is
compatible with "private open space" as defined in section 1.
10.19
General:
IM:
- 43 -
(b)
Existing streets:
IM:
- 44 (c)
Cemetery:
IM:
(d)
IM:
(e)
Agriculture:
IM:
10.20
LU: GOVERNMENT:
IM:
10.20.1
ND:
Any development upon which the Council and the other party may agree.
10.21
LU: UNDETERMINED:
IM:
10.21.1
Existing uses may be continued unchanged, but before any further development
or alteration can be undertaken, the future use must first be determined and the
erf rezoned accordingly.
- 45 10.22
IM:
10.22.1
10.22.2
If special factors justify the creation of a new zone on the zoning map for a site
or sites without justifying the creation of a new zone in the scheme regulations,
the land concerned shall be zoned as a special zone on the zoning map. Every
such portion of land which is zoned as a special zone and in respect of which the
land use restrictions differ from those of other land which has been zoned as
such shall be given a separate number on the zoning map (from 1 onwards), and
each number, with the accompanying land use restrictions, shall be described as
a separate special zone in an annexure to these scheme regulations. A special
zone may consist of different portions of land, provided that the land use
restrictions are the same.
11
11.1
11.2
12
****************
- 46 ANNEXURE A
RULES FOR THE CONTROL OF BUILDING CONSTRUCTION IN THE HISTORICAL
CENTRE OF STELLENBOSCH
1.
The purpose of these rules is to ensure that the historical centre of Stellenbosch,
and more particularly Dorp Street, will retain its unique character by the
preservation of:
(a)
(b)
(c)
and by the control of building design and building lines in the case of new
buildings on erven hitherto not built upon and also in the case of existing
buildings to be replaced, altered or extended.
2.
Any person who lodges an application for the approval of a building plan for any
erf in the demarcated historical centre, (refer to the zoning scheme plan) may be
required by the Council to furnish evidence, to its satisfaction, that the
construction project contemplated will not be in conflict with the intent of these
rules, having due regard generally to the character of the street in which the erf
is located as a whole, and more specifically to the particular locality in which the
structure is to be erected.
3.
These rules shall apply to all sites in the said area up to a depth of fifteen meters
measured from the street boundaries in addition to any other requirements
prescribed elsewhere in this by-law.
4.
For the purpose of these rules, the expression "building construction work"
includes the erection of new buildings, and the extension, renovation, or
alteration of existing buildings.
5.
Subject to the provisions of the municipal building by-laws in force for the time
being, no building construction work shall be permitted in the said area unless
the external architectural design and style, colour scheme, facing material and
general appearance of the building have been specifically approved by the
Council, for which purpose general principles may be formulated by the Council
by resolution.
6.
Normally no building shall be allowed which is higher than 10 m from the mean
ground level to the wallplate, and special approval by the Council must be
obtained for any higher building.
7.
8.
The Council may withhold its consent for an alteration or extension of a building
if it results in an increased height of the structure and if such increased height
- 47 would in the opinion of the Council, interfere with the growth of any tree within
the street boundaries, or if it would necessitate the pruning or removal of any
portion of the tree or its branches.
9.1
The lay-out of a parking area on a site and the points of access and exit must be
shown on a plan to be submitted to the municipality, and the Council may
approve or disapprove thereof or prescribe further conditions as it may deem fit.
- 48 9.2
10.1
Except for advertising signs approved by the Council, projections over street
boundaries shall be limited to minor architectural features.
10.2
Balconies encroaching on the street area shall only be built with the special
permission of the Council, subject to such conditions as it may deem necessary.
11.
12.
13.
For the purpose of clause 5 of these rules, the following general principles are
prescribed by the Council:
(a)
(b)
(c)
water tanks and such attachments must not be visible from the street front;
(d)
face bricks must not be used externally for the street facade of the building;
(e)
(f)
(g)
(h)
***************
- 49 -
- 50 ANNEXURE C
DEVELOPMENT RULES PERTAINING TO SPECIAL ZONES
1.
1.1
Definition
In this annexure "technopark" means a technology or science park development
where enterprises associated with research, development, design and related
activities in the high-technology sector are accommodated in a park-type work
environment which is specifically created for the industrial needs of the
enterprises concerned.
1.2
1.3
(b)
(c)
(d)
(e)
Conference centres and administrative offices needed for the running of the
technopark.
(f)
(g)
1.4
- 51 (i)
Coverage:
(i)
(ii) Building coverage shall not exceed 30 % of the gross erf area;
provided that, with the consent of the Council, 40 % building coverage
shall be allowed on erven of less than 3 000 m.
(c)
Building height:
(i)
(ii) With the consent of the Council, architectural projections and/or roofs
exceeding the 11 m height restriction shall be allowed on condition
that such projections and/or roofs do not constitute a storey which
forms a functional part of the floor space of the building.
(d)
Parking:
One parking bay for every 30 m of gross floor space of the building.
(e)
Aesthetics:
The Council shall retain the right to lay down directives pertaining to the
aesthetic appearance of buildings and the use of materials, textures and
colours for the exterior finishing which factors may affect the appearance of
the technopark.
(f)
General:
These rules of development shall be supplemented by a development plan
with development guidelines specifically prepared for the technopark which
shall be binding on all developers in the discretion of the Council.
- 53 2.
2.1
2.2
2.3
Building lines:
(i)
Street : 2 m
Coverage: 75 %
(c)
Height:
2 storeys (or 7 m measured from the ground floor level to the wall plate).
(d)
Parking:
At least 1 parking bay for every 50 m (or part thereof) of the nonresidential floor space, subject to a minimum of 4 parking bays per erf, of
which 1 parking bay may be reserved for the use of the residents of the
dwelling-house on the erf.
(e)
Special requirements:
(i)
A dwelling-house shall be built on the erf and shall form part of the
activities on such erf. The location of the non-residential uses on the
erf shall be to the satisfaction of the Council.
(ii) The non-residential floor space shall not exceed 80 % of the total floor
space of the buildings on the erf.
(iii) A private outer space with an area of at least 60 m and a minimum
width of 3,5 m shall be provided on the erf for the use of the residents
of the dwelling-house on the erf.
(iv) No uses on the erf shall be of an environmentally pollutant nature.
(v) Any business activities shall be directly related and subsidiary to the
uses which are carried out on the erf.
(vi) No activity which in the opinion of the Council may create a nuisance
to the neighbourhood, shall be allowed at the following times:
-
- 54 -
Advertisements:
No name or advertising sign shall be erected on the propert, exept one
shich complies with the Council's approved "Guidelines for the design and
contrl of signs".