Implementation of Stellenbosch Municipality Zoning Scheme By-Law 2019

Dear Homeowners and Residents


We refer to our e-mail dated 3 February 2021 regarding the Stellenbosch Municipality Zoning Scheme By-Law 2019, and herewith provide more information.


Stipulations of the By-Law

In terms of the By-Law, residential properties within “conventional residential zones” (such as Welgevonden Estate) may only be occupied by (and consequently may only be rented to) a “family” which is defined as follows:

  • one person maintaining a common household, with or without dependent family members who are either parents and/or children and who are financially and otherwise supported by such person, or

  • two or more persons who are married in one civil union, maintaining one common household, with or without dependent family members who are either parents and/or children and who are financially and otherwise supported by such persons, or

  • no more than two unrelated and independent persons (with no dependents) who earn or receive independent income and who maintain a common household. )

Additional information

We herewith provide additional information regarding the implementation of the By-Law applicable to Welgevonden Estate:

  • The By-Law makes provision for certain additional uses apart from using the property as a “single dwelling house”. We highlight the following in this regard:

  • additional uses are only permitted in a dwelling house once technical approval is granted by the Municipality;

  • additional uses are only permitted in group houses only once the [home] owners’ association has granted permission and thereafter the municipality has granted a technical approval; and

  • only one additional use per land unit is permitted.

  • The following additional use will be considered by the WHOA for granting permission, subject to certain requirements:

  • Home lodging

  • Owners/landlords who wish to apply to the Stellenbosch Municipality for this additional use, may apply for the WHOA’s permission for such use at the Welgevonden Estate office.

  • Please click here to download the application form, to be completed in full.

Criteria

The WHOA will apply the following criteria when considering an additional use application:

  • Proximity of neighbouring properties.

  • The additional use may not cause a public nuisance.

  • Current and previous complaints, if any, received from neighbouring residents relating to nuisance/parking at the property.

  • Sufficient off-street parking provided on the same land unit for which the additional use is applied for. The minimum parking bay dimensions of 2,5 m wide by 5,0 m long will apply, unless otherwise approved by the municipality.

  • For home lodging, the operator of an additional use activity must reside on the land unit from which the additional use activity is conducted, and the dominant use of the land unit remains the operator’s residence. In such a case, a maximum of three persons per dwelling house will be allowed and sufficient parking on the property for each person’s motor vehicle(s) must be available.

  • Any other matter that may influence the application.

Conclusion

Final approval lies with the Stellenbosch Municipality. Once technical approval has been granted by the Municipality, such approval must be made available to the Welgevonden Estate office for record purposes. Until such time as technical approval has been received for a specific residence, the WHOA will only be able to register residents of that residence on the biometric access control system in terms of the current, standard zoning parameters.


Please contact the Welgevonden Estate administrative office should you have any queries in this regard.


Best regards


Gawie Marx

Estate Manager

17 June 2021

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