INFORMATION LEAFLET NO 1: NOVEMBER 2016 (Rev1)

based on the adopted policies of the Municipality. The SDF is the policy
EXISTING SCHEMES –OLD PLANNING LAW NEW SCHEME
document which guides municipal decision making, whilst the zoning
Stellenbosch Franschhoek
scheme by-law contains the development rules for properties.
scheme scheme Based on new
Section 8 Kayamandi Planning Law 3. WHAT IS A ZONING SCHEME
scheme scheme
3.1 Various Components of a Zoning Scheme
INFORMATION DOCUMENT NO 1 The purpose of the new Stellenbosch Municipality Zoning Scheme By-law
(SMZS) project is to prepare one new zoning scheme which will apply to The zoning scheme is a municipal law which allocates development rights
STELLENBOSCH MUNICIPALITY the entire municipal area. to properties. It is therefore the rules which tell a land owner how they
ZONING SCHEME BY-LAW may use land and how they may develop it. A zoning scheme consists of
The project has a long history and originally commenced under the
the following components:
previous Land Use Planning Ordinance. It was temporarily suspended
until the new planning laws were adopted. Consequently it was resumed  Zoning By-law which provides for the zoning of land and the
late in 2015 when the new legislation became operational. adoption of new zones. It should therefore provide for the different
2. NEW LAWS REQUIRE A NEW ZONING SCHEME zones which determine how land may be used (e.g. residential,
commercial, industrial, open space, etc.). It also contains
The new Stellenbosch Zoning Scheme By-law is being prepared against development parameters which determine how land may be
the background of the following planning legislation and policies: developed (e.g. building lines, height, coverage, parking etc.);
 Zoning Register: Is a record of all planning applications approved
 The South African Constitution (1996) by the municipality;
 Municipal Systems Act (No. 32 of 2000)(MSA)  Zoning map: Records the zoning of land (and all rezonings) on a
 National Spatial Planning and Land Use Management Act (No. 16 map.
of 2013)(SPLUMA) 3.2 Purpose of a Zoning Scheme
 Western Cape Land Use Planning Act (No. 3 of 2014) (LUPA)
 Stellenbosch Municipal Land Use Planning By-law (adopted in The purpose of a zoning scheme can be summarised as follows:
October 2015)
 It allocates land use and development rights to land parcels;
1. INTRODUCTION AND BACKGROUND  Stellenbosch IDP and Spatial Development Framework (2013).
 It is a legal tool used to allow certain development in certain places
According to new planning legislation enacted in 2015, all municipalities and prevent certain development in other locations, thereby
The normative principles in the new planning legislation must also be
must adopt a zoning scheme for its area of jurisdiction. A zoning scheme guiding urban growth and development form;
incorporated. These are:
is a by-law adopted by the Municipality, which describes how land may be  It aims to also address health and welfare issues, manage
used and developed. It also contains a zoning map which depicts the development related risks, whilst also providing the municipality
 Spatial justice: ability to redress imbalances of the past;
zoning of each property. with a tool to plan the provision of services, infrastructure and
 Spatial sustainability: ability to address environmental,
public and private transport to support future development;
community, heritage and economic issues effectively;
A zoning scheme must ensure the orderly development of an area and  More specifically, zoning schemes identify the location where land
 Spatial resilience: ability to respond to change and threats;
aims to promote and enable the implementation of the municipality's uses may develop and the scale of building envelopes permitted to
 Spatial efficiency: ability to choose the most efficient
development vision. It must also be consistent with the national and develop in those locations;
development options; and
provincial planning legislation and principles.  The By-law describes a set of land use rights which are applicable
 Good administration: ability to put effective and predictable
to a particular parcel of land (or group of land parcels) as identified
Currently, there are four different zoning schemes which apply to different processes in place.
on the zoning map and defines which uses may be undertaken by
parts of the Stellenbosch municipal area, with each one having different
the owner as a primary right (no planning permission required).
provisions and definitions. Some of these zoning schemes date back as The new planning laws require that the municipality prepare one zoning
 The By-law also sets out which uses may possibly be allowed once
far as the 1980s or even earlier and have become outdated in a fast scheme which applies to the whole municipal area. The new laws
the municipality has evaluated an application for a consent use and
changing and developing municipality. require that a new scheme must provide a mechanism to implement the
allows the municipality to impose conditions to manage the
Municipality’s own Spatial Development Framework (SDF), and must be
conduct of that particular land use;
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 INFORMATION LEAFLET NO 1: OCTOBER 2016

 It aims to strategically protect valuable land resources (eg 4. EXISTING ZONING SCHEMES REPEALED 5.2 Less Formal Residential Zone (LFR)
agriculture, heritage and natural environment areas) whilst allowing
There are 4 zoning schemes that are currently applicable in the All properties currently zoned Informal
development to take place more freely in areas where
municipality that will be repealed when the new scheme is adopted. Residential Zone or developed under Less
development will have less impact (such as urban areas);
These schemes are old and outdated and no longer reflect the new Formal Township Establishment Act (No. 113 of
 It aims to give certainty to developers and land owners as to what
normative planning regime that has been put in place by the latest 1993) or similar zones (eg in Kayamandi) convert
development may take place, and what may not;
planning laws. These schemes are: Stellenbosch Zoning Scheme,
 Zoning schemes may also introduce special areas (such as to the Less Formal Residential Zone. (Pale
heritage areas or local areas) commonly referred to as “Overlay Franschhoek Zoning Scheme, Section 8 Zoning Scheme and Kayamandi Yellow)
Zones” within which alternative development rules apply. Zoning Scheme.
The zone provides for the following:
The above schemes contain approximately 96 different zones which
3.3 What does a zoning scheme NOT do:  Incremental housing developments, which may start with provision
apply throughout the municipal area. Once the new scheme is adopted,
of services and over time upgrade to more formalised residential
A zoning scheme is intended to be a strategic development management the existing schemes will fall away. The new scheme contains 16 base
dwellings;
tool whereby the municipality can manage development aspects of the zones and 4 overlay zones.
 A zone in which emergency housing projects can be undertaken;
built environment for the whole municipal area and all its people.
SUMMARY OF THE NEW  Residential areas which allows a greater mix of business land uses
Therefore it -
STELLENBOSCH MUNICIPALITY ZONING SCHEME in the residential areas;
 Does not duplicate other laws, such as health regulations, national  An increased mix of residential, community and small business
5. BASE ZONES
environmental or heritage laws, the National Building Regulations opportunities in residential areas in order to enable the informal
or other municipal by-laws; economy and small businesses to start up with minimum red tape.
5.1 Conventional Residential Zone (CR)
 Does not provide tax incentives or allocate funding for
development; Height Coverage Street Building Common
All properties currently zoned Single Residential line Building line
 Is not a policy which guides decision making; Zone, or similar zones convert to the Conventional 2 to 3 storeys 80% 1m 1m one side
 Is not an implementation plan, development programme, or a plan Residential Zone. (Yellow)
of action; 5.3 Multi-Unit Residential Zone (MR)
The zone provides for the following:
 Is not a general development handbook covering all aspects of
 Predominantly single residential dwelling houses of a low to All properties currently zoned General Residential
building development or the built environment, such as engineering
medium density character; Zone or similar zones will convert to the Multi-unit
services design or architectural design;
 To protect the amenity of established residential areas; Residential Zone. (Orange)
 Does not protect businesses from trade competition;
 To allow for limited densification through second dwellings; The zone provides for the following:
 Does not guarantee that certain development will indeed take
 Residents may operate one home enterprises from their dwelling  To allow a greater mix of residential accommodation options with
place. It permits certain uses in certain areas, or it controls whether
house (B&B, Lodging, occupation; day care) provided they do not medium to high density;
an application for a certain use may be made or not, but it does not
affect the amenity of the neighbourhood and comply with  To allow a range of housing options which includes group housing,
ensure that that particular development certainly will happen –that
thresholds and conditions in the scheme which limit the scale and row houses, semidetached units and flats;
is up to the owner what development is undertaken within the
impact of the activities;  To allow for a range of other accommodation options such as
parameters of the scheme;
 Student housing (boarding houses) and other guest student accommodation, guest houses and community residential
 Does not resolve private disputes between land owners, nor does it
accommodation are limited (as consent applications) so that buildings and retirement homes.
provide architectural guidelines or prescriptions for what buildings
neighbours can be consulted and suitable conditions imposed Notwithstanding that properties may be zoned Multi-unit Residential
should look like. It does not guarantee that neighbourhoods or
where appropriate; and Zone, if they are smaller than 1000m2, they only have development rights
surroundings will not change;
 Low density group housing (where groups of houses with uniform similar to Conventional Residential Zone.
 Is less concerned with regulating the private space and is more
architectural character are developed) can only be undertaken with
concerned with how development responds to and impacts on the
consent, and should be compatible with the surroundings. Height Coverage Street & common Floor area (x
public space or neighbours in general. It does not aim to control Building line area of site)
every aspect of a neighbourhood or every nuisance. Height Coverage Street Building Common Flats 4 storeys 50% 4.5m or more 75%
line Building line Other buildings 50% 3m or more 75%
2 storeys from 70% on<250m2 From 2m to 4m 1 or 2m 2-3 storeys
to 40% 1500m2 (Size dependent) (Size dependent)

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5.4 Local Business Zone (LB) 5.9 Utility Services zone (U)
5.6 Industrial Zone (I)
Properties currently zoned Restricted or Minor Certain properties currently zoned for
Business Zone, or similar zones intended to allow Properties currently zoned Light Industrial, Government or municipal purposes will convert to
business of a lower order scale, should be Industrial and Noxious Industrial Zones, or similar this zone if the current land use is compatible
converted to Local Business Zone. (Pale Blue) zones, will be converted to Industrial Zone. with the objectives of this zone. (Red)
The zone provides for the following:
 To allow a limited range of business and other community All land currently zoned Noxious Industry will be recorded so that consent The zone permits a wide range of land uses related to authority use,
orientated land uses as primary rights at local neighbourhood is deemed to have been granted. (Purple) engineering and utility services and infrastructure. Other transport related
nodes; The zone provides for the following developments and renewable energy developments can be undertaken
 To further provide for a wider range of consent uses if the  To allow for a wide variety of industrial uses and those activities with consent.
municipality is satisfied that it will be compatible with the which may have an adverse impact on neighbourhoods with
Height Coverage Street Building Common
surrounding neighbourhood and that impact can be suitably regards to scale, noise, emissions, fumes, traffic etc. which can be line Building line
addressed through conditions. located in one area and not affect the amenity of other areas; 2 storeys 20% or SDP 5m 5m
 High impact activities (risk and noxious industries) can only be
Height Coverage Street Building Common undertaken with a consent application. 6.10 Transport Facility zone (TF)
line Building line
3 storeys 50%-75% 2m to 4.5m 1 to 4.5m Height Coverage Street Building Common All properties currently zoned for Transport
line Building line purposes, including train stations, railway lines,
5.5 Mixed Use Zone (MU) 4 storeys 75% 3m 0m or 3m
bus and taxi ranks will convert to this zone. (Pale
Properties currently zoned General Business Zone, grey)
5.7 Education zone (E)
or similar zones intended to allow business of a
All properties currently zoned for schools or The zone permits a wide range of passenger- and goods transport related
higher order scale, will be converted to Mixed Use
university will convert to this zone. land uses.
Zone. (Blue)
The zone provides for the following:
The zone permits all educational facilities Height Coverage Street Building Common
 To ensure a vibrant mix of compatible land uses which will allow line Building line
including Early Childhood Development centers (ECD’s or daycare
the highest density development and is intended for all Central 3 storeys 50% or SDP 5m 5m
centers), Primary, Secondary and Tertiary education facilities. Hostels
Business areas and other higher order development nodes;
and sporting facilities are also provided for in this zone. (Pale pink) 5.11 Public Roads and Parking zone (PR)
 To make provision for a variety of high density business, residential
and community uses which can co-exist in close proximity without Height Coverage Street Common
Building line Building line
All properties currently zoned for public roads and
adverse impacts, as primary rights; parking will convert to this zone. (White)
Schools 3 storeys; Tertiary 25% to 50% 5m 5m
 To provide for a further greater mix of land uses (granted as 4 storeys
consent uses) which may also be desirable in these areas. Over and above the normal roads and parking
5.8 Community zone (C) function, provision is also made for outdoor trading and dining (which also
Consent application allow conditions to be imposed to mitigate
impacts All properties currently zoned for Institution, includes informal trading) subject to municipal policies and bylaws.
 Limited manufacturing & repairs are permitted inside businesses Public Worship, Clinics and Hospitals will convert Outdoor events and regular markets require the municipality’s consent.
subject to thresholds (eg bakeries, coffee roasteries, appliance to this zone. The zone permits a wide mix of
repairs, etc.), and public and community facilities to enable 5.12 Public Open Space zone (POS)
 Tourist accommodation and student type accommodation is also clustering of these facilities in line with the
All properties currently zoned for Public Open
permitted in the zone. policies. Education facilities can also be developed in this zone.
Space or similar zones will convert to this zone.
Height Coverage Street Building Common Height Coverage Street Building Common Dark green) Purpose of this zone is to provide
line Building line line Building line for any open space land which vests with the
6 storeys 50%-85% 0m 0m 3 storeys 50% 5m 5m Municipality in terms of legislation and which is
intended:
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 INFORMATION LEAFLET NO 1: OCTOBER 2016

 For active and passive recreation use and public open space  To protect agricultural activities from being impeded and eroded by Land can be in public or private ownership, may not be subdivided or
amenity; non-agricultural land uses on farms; separately sold via sectional title.
 To create a desirable open space amenity for residents;  To enable certain small scale compatible complementary
 Serve as riverine or other similar natural features corridors; agricultural industry and tourist related uses as additional uses to 5.16 Limited Use Zone
 For open space within which other municipal services can be further augment the rural economy, subject to it remaining All properties currently zoned Undetermined and Resort Zone II or similar
conveyed on a natural landscape setting; subservient to agriculture, and further subject to certain thresholds zones will convert to this zone.
 To also permit as an additional use outdoor trading and dining to limit the scale and possible adverse impact on agriculture as the
(which also includes informal trading) subject to municipal policies primary land use; Purpose of this zone is to provide a transitional mechanism for zones for
and bylaws;  A wide range of consent uses which may be considered by the which no similar or suitable zoning is retained in the existing scheme.
 For a number of other activities (such as camping, outdoor events, municipality, subject always to the retention of agriculture as the Existing lawful land uses may continue, but no further expansion is
sport and recreation, tourist accommodation and tourist facilities) primary land use. Any additional use which exceeds the thresholds permitted. It is intended that this zone be progressively phased out, and
which can be applied for as a consent use. as set out in the scheme is subject to the municipality’s consent, no rezonings to this zone may be undertaken.
where provided for;
Height Coverage Street Building Common  Outdoor events are only permitted with the municipality’s consent. INVITATION TO SUBIIT WRITTEN COMMENT
line Building line An owner may apply for permission to hold a certain number of
1 storeys 20% or SDP 5m 5m Accordingly, in terms of Section 17 of the Local Government: Municipal
events on an annual basis;
Systems Act, Act 32 of 2000, the Stellenbosch Municipality invites all
5.13 Private Open Space zone (PrOS)  Limited additional dwelling houses and tourist accommodation are
interested and affected parties (I&AP’s) to comment on the Draft
All properties currently zoned for Private Open intended to accommodate family, multiple owners or friends or
Stellenbosch Municipality Zoning Scheme By-law. Comments,
Space or similar zones will convert to this zone. generate additional revenue for a bona fide farmer and may not be
recommendations and input must be submitted no later than 1 March
(Lime green) subdivided or separately sold via sectional title;
2017.
 Farm Site Development Plan (SDP) required before new uses and
The purpose of this zone is to provide for open buildings are approved. Comment to be submitted to The Manager: Land Use Management;
space in private ownership or where open spaces are provided and
Building Height Floor area Thresholds Street & Stellenbosch Municipality PO Box 17, Stellenbosch, 7599; fax 021 886
maintained by property owners associations rather than the municipality. for uses Common 6899 or email Jacques.Jansenvanrensburg@stellenbosch.gov.za
A number of other activities (such as camping, outdoor events, sport and Building line
recreation, tourist accommodation and tourist facilities) can be applied for Agricultural Buildings 3 storeys No overall limit; 5m
One building People who cannot read or write, the disabled, or people from
as a consent use. >2000m2 SDP disadvantaged groups who are unable to submit written comments, may
Poly tunnels 1 storey >2000m2 SDP 5m approach Jacques van Rensburg on Tel 021 808 8673 for assistance to
Height Coverage Street Building Common
>5000m2 Consent
line Building line have their comments or input recorded.
Agricultural Industry 3 storey <2000m2 SDP 5m
1 storeys 20% or SDP 5m 5m
>2000m3 Consent
Dwelling + 2nd dwelling 2 storey 500m2 each 5m The draft By-law is available for viewing at municipal libraries or the
5.14 Agricultural and Rural zone Additional dwellings 1 storey 120m2 each 5m Stellenbosch or Franschhoek Municipal offices or can be downloaded
consent; max 4 @
All properties currently zoned Agriculture or 1/10ha from the website http://stellenbosch.gov.za/planning
Agriculture Industry or similar zones will convert to 5.15 Natural Environment zone
this zone. (Pale green) For existing approved ABOUT THIS LEAFLET:
Agricultural Industries, consent will deemed to All properties currently zoned Open Space 3 or This leaflet contains a very brief summary of the objectives and
have been granted and recorded accordingly in the GIS deemed zoning similar zones will convert to this zone. (Olive process that was followed in preparing the Stellenbosch
green) Municipality Zoning Scheme By-law, as well as a brief summary of
register. the zones. The purpose is for it to assist the public in gaining a
The zone provides for the following: The zone provides for the following
general understanding of the project. Although every care has been
 To ensure conservation and appropriate use of current agricultural  Provide for the preservation of natural environment or conservation taken to ensure the accuracy of this pamphlet, the draft By-Law
land and to enable bona fide agricultural activities to continue to areas, whether or not the land has been proclaimed for document will prevail over this summary and I&AP’s who are
ensure food production, conservation purposes; interested in the details of a particular zone or issue, are advised to
 To preserve the rural landscape and biodiversity areas;  Allow tourist accommodation and tourist facilities with consent. refer to the full draft By-law document rather than relying on this
summary.
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6. OVERLAY ZONES 6.2 Scenic Route Overlay zones 6.3 Local Area Overlay Zones
Various important Rural and Urban Scenic Routes are proclaimed in the The Local Area Overlay Zones mechanism allows the municipality to
Overlay zones apply to a specified area and provide additional aspects of
scheme in line with the requirements of the Spatial Development identify certain areas where different development parameters can apply
development to be managed, regardless of the base zone. Development
Framework. The Rural Scenic Route applies 200m either side of the over and above the parameters in the base zone.
parameters can also be more, or less restrictive than in the base zone. In
road. The Urban Scenic Route applies to properties abutting the road.
the Stellenbosch Municipality Zoning Scheme the following overlay zones Currently only one such area is included in the scheme, namely
have been included: Technopark. The Technopark was originally approved as a special area
Scenic Route Overlay Zones
with specific design, building and land use restrictions. The area is
6.1 Heritage Area Overlay Zones constrained with respect to services and parking and therefore the
original special area parameters are preserved as a Local Overlay Zone.
There are Heritage Area Overlay Zones for Stellenbosch CBD area,
Franschhoek CBD, Jonkershoek Valley, Dwars River Valley and Ida’s The municipality may, in future, through adoption of policy or the SDF,
Valley. The overlay zones are either based on previous special areas identify other areas where additional or different land development
and heritage studies (Stellenbosch. Franschhoek & Jonkershoek) or parameters should apply, in which case, such areas can, after conclusion
areas demarcated Cultural Landscapes in terms of the National Heritage of the appropriate legal process, can be demarcated as a local overlay
Resources Act. The Overlay Zone enables the municipality to evaluate zone area in terms of the scheme.
new construction or development proposals as a consent application.
6.4 Local Economic Overlay Zone
 The purpose is to mitigate the impact of new development on Provision has been made for a Local Economic Overlay Zone. The
the heritage resources and historical character of the area purpose is to allow a greater diversity for small businesses and increased
 When granting consent, the municipality may prescribe more informality in certain residential areas. To allow informal structures, the
detailed development requirements (i.e. materials, parameters municipality must first officially apply to the authorised Minister to de-
& other requirements etc.); and This Overlay Zone enables the municipality to evaluate the construction activate the National Building Regulations in that particular area. No
 Provides for Heritage Advisory Committee to advise the of buildings and structures adjacent to these routes with the view to areas are currently demarcated for this zone in terms of the Scheme,
Municipality. mitigating the visual impact of such development on the rural and cultural however demarcation of areas can take place once the SDF has
landscape. The municipality may influence position of buildings or identified the areas which are to be designated. Rezonings to this zone
Stellenbosch Historical Area: height is limited to 10 meters can also be undertaken upon application.
structures or may require other measures, such as adequate screening
Franschhoek Historical Area: height is limited to 8.5m
and landscaping. Refer to the scheme document for detailed plans.

Stellenbosch Heritage Area Franschhoek Heritage Area Jonkershoek Heritage Area Dwars River Heritage Area Ida’s Valley Heritage Area

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