Don’t Get Lost In Regulations: A Quick Guide To Planning & Building By-Law Definitions

By-Law Definitions for Planning, Building and Zoning

These definitions are mainly, but not exclusively, extracted from the Greater Metropolitan Area of Cape Town’s By-Laws Planning and Zoning definitions and explanations. They do and can relate to terms and phrases used nationally by other Municipalities and planning departments. We will be adding to them on an ongoing basis.

Definitions A – H

A

‘abattoir’ Is a place where animals are slaughtered and prepared for distribution to butchery shops, supermarkets, and food markets;

‘additional dwelling unit’ Is a dwelling unit that may be erected with the approval of the Council in an Agricultural zone, in addition to a second dwelling, dwelling, or residential accommodation for bona fide agricultural workers;

‘additional use right’ The land use specified in this zoning scheme as an activity or use that is permitted in a zone, provided that any conditions or further provisions specified for such activity or use are complied with;

‘adult entertainment’ Is property used for adult film theatres or strip clubs where sexually explicit, live or recorded shows are displayed, but does not include adult services or an adult shop;

‘adult services’ Is property used for massage parlours or escort agencies where sexually-orientated personal services are provided unless such services form part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; but do not include adult entertainment or an adult shop;

‘adult shop’ Property used for the retail sale of pornographic, sexually explicit, or erotic material, whether or not such material is displayed for sale unless such material forms part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; but does not include adult entertainment or adult services;

‘advertise’ has the same meaning as in planning law;

‘advertisement’ when used in the context of outdoor advertising, has the same meaning as assigned to it in terms of the Council’s Outdoor Advertising & Signage by-law;

‘agricultural industry’ An enterprise for the processing of agricultural products on or close to the land unit where these agricultural products are grown, and where processing in such proximity is necessary due to the nature, perishability, and fragility of such agricultural products; and includes a winery and distillery, but does not include a service trade or abattoir;

‘agriculture’ The cultivation of land for crops and plants, the keeping and breeding of animals, beekeeping, or the operation of a game farm, and includes such activities and buildings as are reasonably connected with the main farming activities, such as dwelling units for the farmer, farm manager and farm labourers, the packing of agricultural produce grown on the property for delivery to the market, and a plant nursery; but excludes intensive horticulture, intensive animal farming, a farm shop, harvesting of natural resources, and agricultural industry;

‘air and underground rights’ The development of a defined space above or below a public street, open space, railway line or another transport usage, and the allocation of use rights for such purpose which may include any use with the approval of Council;

‘airport’ Is a complex comprising aircraft runways and associated buildings for the take-off and landing of civilian aircraft, as well as facilities for the handling and storage of air freight;

‘ancillary’ A land use, purpose, building, structure or activity which is directly related to, and subservient to, the lawful, dominant use of the property;

‘animal care centre’ Is a place for the care of pets and animals, operated on either a commercial or a welfare basis, and includes boarding kennels and pet training centres;

‘antenna’ Any system of wires, poles, rods, reflective surfaces or similar devices, used to transmit or receive electronic communication signals or electromagnetic waves;

‘applicant’ A person or entity that makes an application in terms of the planning law or this zoning scheme;

‘approval’ Is the permission granted by Council, after due consideration of all relevant facts and after following the relevant application procedure as set out in this zoning scheme, and includes permission for a specific type of land use or activity in addition to the primary use rights applicable to the property concerned, or any other approval as required in the zoning scheme;

‘aqua-culture’ The breeding, for commercial purposes, of water flora or fauna in artificially constructed dams or holding tanks, or suspended from floating supports in natural water bodies;

‘atrium’ Is a covered courtyard comprising a void within a building that extends for one or more floors in height, but does not contain floors that penetrate into the void. An atrium contains a floor and a roof or ceiling;

‘authority use’ A use which is practised by or on behalf of a public authority, the characteristics of which are such that it cannot be classified or defined under other uses in this zoning scheme, and includes a use practised by:

(a)  the national government, such as a military base and installation, police station, or prison;

(b)  the provincial government, such as a road station or road camp;

(c)  Council, such as fire services or a municipal depot with related uses, including limited accommodation for staff who are required to be on standby for emergencies;

(d)  a foreign government, such as an embassy or consulate, but does not include a dwelling house where the dominant use is for living accommodation of foreign diplomatic personnel.

‘average ground level’ The average of the highest and lowest existing ground levels immediately abutting the external elevational plane or wall cutting into the ground of a building or vertical division of a building, and Council may:

(a)  determine the average ground level from measurements supplied on a building plan; or

(b)  deem a level to be the average ground level based on measurements interpolated from a contour plan, local height benchmark, or other information held by Council; or

(c)  require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, in order to provide Council with sufficient information so that it can determine the average ground level for the purpose of administering this zoning scheme;

B

‘backpackers lodge’ Has the same meaning as ‘boarding house’ except that lodging is provided per bed and not per bedroom;

‘balcony’ A floor projecting outside a building at a level higher than that of the ground floor, enclosed only by low walls or railings or by main containing walls of rooms abutting such projecting floor, and may include a roof over such floor and pillars supporting such roof;

‘base level’ of a building means an imaginary plane drawn horizontally at the average ground level of the building, or vertical division of the building, is at the bottom of the ground floor and is directly above or on top of the ceiling of any basement;

‘base zone’ Is that zone which determines the lawful land use and development rules for a land unit in terms of this zoning scheme, before the application of any overlay zone;

‘basement’ Is that space in a building between a floor and ceiling, including such floor or ceiling, which is not intended as habitable space and which is completely below the existing ground level and remains underground, except that it may include vehicular access from a road, provided that such access may only be obtained at a downward or level angle;

‘bed and breakfast establishment’ Is a dwelling house or second dwelling in which the owner of the dwelling supplies lodging and meals for compensation to transient guests who have permanent residence elsewhere; provided that:

(a)  the dominant use of the dwelling house concerned remains for the living accommodation of a single family; and

(b)  the property complies with the requirements contained in this zoning scheme for a bed and breakfast establishment;

‘boarding house’ A building where lodging is provided and may incorporate cooking, dining, and communal facilities for the use of lodgers, together with such outbuildings as are normally used therewith; and includes a building in which rooms are rented for residential purposes, youth hostel, backpackers’ lodge, guest house, home for the aged, handicapped or orphaned and residential club; but does not include a hotel, dwelling house, second dwelling or group house;

‘boundary’ in relation to a land unit means one or more of the cadastral lines separating such land unit from another land unit or from a road reserve;

‘boundary wall’ Is any wall, fence, or enclosing structure erected on or next to a cadastral property boundary, and any other structure, including security devices, such as spikes, barbed wire, razor wire or electric fences, affixed to or on top of a boundary wall;

‘braai room’ A room that is part of the main dwelling or outbuildings and is used primarily for entertainment purposes and where food and drinks may be prepared, but excludes a kitchen;

‘building’, without in any way limiting its ordinary meaning, includes:

(a)  any roofed structure;

(b)  any external stairs, steps, or landings of a building and any gallery, canopy, balcony, stoep, verandah, porch, or similar feature of a building;

(c)  any walls or railings enclosing any feature referred to in subsection (b) above; and

(d)  any other portion of a building;

‘building line’ Is an imaginary line on a land unit, which defines a distance from a specified cadastral boundary, within which the erection of buildings or structures are completely or partially prohibited;

‘business premises’ A property from which business is conducted and includes a shop, supermarket, restaurant, sale of alcoholic beverages, plant nursery, office, service trade, funeral parlour, financial institution, and building for similar uses, but does not include a place of assembly, place of entertainment, institution, motor repair garage, industry, noxious trade, risk activity, adult entertainment business, adult services or adult shop;

‘builder’s yard’ A property used for the storage of material and equipment which:

(a)  is required for or is normally used for construction work;

(b)  was obtained from demolitions of structures or excavations of the ground; or

(c)  is necessary for or is normally used for land development, such as storage of material used for building 
roads, installing essential services, or for any other construction work, whether for public or private purposes;

C

‘cadastral line’ Is a line representing the official boundary of a land unit as recorded on a diagram or general plan approved by the Surveyor General and registered in the Deeds Office;

‘camping site’ A property in which tents or caravans are used for accommodation for visitors, and includes ablution, cooking and other facilities for the use of such visitors;

‘canopy’ A cantilevered or suspended roof, slab or covering (not being the floor of a balcony) projecting from the wall of a building;

‘caravan’ Is a vehicle which has been equipped or converted for living and sleeping purposes and which can be readily moved;

‘carport’ A structure for the storage of one or more vehicles that is covered by a roof, provided that not more than two sides may be permanently enclosed;

‘carriageway crossing’, in relation to a motor vehicle carriageway crossing, means an entrance or exit way, or a combined entrance and exit way, from a land unit to an abutting road;

‘cemetery’ A place for the burial of human or domestic animal remains, and may include ancillary buildings such as an office and chapel, but does not include a crematorium;

‘City Manager’ The municipal manager of the Council as provided for in section 82 of the Municipal Structures Act or an official acting under delegated powers from the City Manager;

‘clinic’ A place for the diagnosis and treatment of human illness or the improvement of human health, which has limited facilities and an emphasis on outpatients, provided that a clinic may contain live-in facilities for no more than twenty persons, including patients and staff; and a clinic may include medical consulting rooms, operating theatre, an outpatients centre and a wellness centre with ancillary uses;

‘commencement date’ The date on which this zoning scheme came into operation;

‘commercial’ combined with a user, such as ‘commercial entertainment’, ‘commercial conference facility’ etc., means an enterprise that is run with the express purpose of making a profit and where there are no or limited social or charitable objectives;

‘common boundary’ in relation to a land unit means a boundary that is common with an adjoining land unit other than a street boundary;

‘conference facility’ means a place of commercial nature where information is presented and ideas or information exchanged among groups of people or delegates whose normal place of work is elsewhere and may include overnight accommodation and the supply of meals to delegates;

‘confirm’ in relation to a subdivision means ‘to confirm’ as contemplated in planning law, and ‘confirmation’ has a corresponding meaning;

‘consent use’ A land use specified in a zone or subzone in this zoning scheme as a consent use which is permitted in terms of the provisions of a particular zone only with the approval of the Council;

‘container site’ Property used for the storage of shipping or transport containers

‘contextual framework’ means a plan or written strategy approved by Council as envisaged in section 18.11.3(a);

‘Council’ means the Municipality of Cape Town as a Municipal Council including any other Municipality in South Africa established in terms of section 12 of the Municipal Structures Act;

‘coverage’ Is the total area of a land unit that may be covered by buildings, expressed as a percentage of the area of such land unit, and shall include all roofed areas; provided that the following portions of buildings shall be disregarded in the calculation of coverage:

(a)  stoeps, entrance steps and landings;

(b)  open balconies and retractable awnings;

(c)  cornices, chimney breasts, pergolas, flower boxes, water pipes, drain pipes and minor decorative features 
not projecting more than 500 mm from the wall of the building;

(d)  eaves not projecting more than 1 m from the wall of the building;

(e)  a basement, provided that the finished level of the top of the basement roof slab does not project above 
the existing ground level;

‘crematorium’ Is a place for incinerating corpses in a furnace, and includes ancillary facilities such as a chapel and offices;

‘cultural and social ceremonies’ The practice of cultural and social ceremonies by any person belonging to a cultural, religious or linguistic community, provided that such ceremonies are lawful;

D

‘departure’ has the meaning assigned to it in planning law;

‘development framework’ means a plan and/or written document approved by the competent authority in 
terms of planning law, and may form part of a package of plans;

‘development rule’ Is a rule, restriction, provision, or requirement in terms of this zoning scheme which sets out the permissible extent of use or development of a property to which it relates, and has the same meaning as land use restrictions in planning law;

‘display’ in relation to a sign, without in any way limiting its ordinary meaning, includes the erection of any structure for the support of such sign;


‘domestic staff quarters’ An outbuilding of not more than 50 m2, including sanitary and cooking facilities, and used for the accommodation of domestic staff employed at the dwelling house concerned;

‘dominant use’ The predominant or major use of a property, and may consist of primary uses, consent uses or other lawful uses permitted on the property;

‘dwelling house’ A building containing only one dwelling unit, together with such outbuildings as are ordinarily used with a dwelling house, including domestic staff quarters;

‘dwelling unit’ A self-contained, interleading group of rooms, with not more than one kitchen, used for the living accommodation and housing of one family, together with such outbuildings as are ordinarily used therewith, but does not include domestic staff quarters, or tourist accommodation or accommodation used as part of a hotel;

E

‘eaves’ A portion of a roof projecting beyond the face of a building, including any gutters;

‘earth bank’ Land that is shaped to hold back earth or loose rock;

‘ecosystem’ A self-sustaining and self-regulating community of organisms and the interaction between such organisms with one another and with their environment;

‘electronic or mechanical playing devices’ Any electronic or mechanical or similar devices which are designed or used for the purpose of playing of any game or for recreational or amusement purposes or where the operator or player is entitled to a limited payout as determined by law and the operation involves the payment of any valuable consideration either by insertion of a coin, token coin, disc or another manner;

‘encroachment agreement’ An agreement between an owner and Council relating to the projection or overhang of portions of a building or structure from the owner’s property onto or over Council’s property;

‘engineering services’ Infrastructure for the provision of water, electricity, sewerage, stormwater management, streets, roads and pedestrian walkways, including all related services and infrastructure;

‘entrance steps and landings’ Steps and landings to a building, including any low walls and railings, if such steps and landings are not within the main containing walls of the building;


‘environmental conservation use’ The use or maintenance of land in a substantially natural state with the object of preserving the biophysical and heritage characteristics of that land, as well as flora and fauna living on the land, and includes associated infrastructure required for such use;

‘environmental facilities’ Are facilities for the management, study, interpretation, education, and public appreciation of a predominantly natural area or heritage site; and includes accommodation for staff, support services and associated infrastructure, but does not include tourist facilities or tourist accommodation;

‘environmental site- or activity management plan’ A plan that documents the management of site preparation, construction and/or operations affecting an environmental resource or an environmentally significant place, its environmental values and management requirements, or both.

‘equipment room’ Is a building or a part thereof to accommodate communication equipment associated with telecommunication infrastructure. This can be a separate building used exclusively for the equipment, or it can be a container or a room within a building.

‘erection’ in relation to a building or structure includes:

(a)  the construction of a new building or structure;

(b)  the alteration or conversion of, or addition to, a building or structure; and

(c)  the reconstruction of a building or structure which has completely or partially been demolished; and ‘erect’ has a corresponding meaning;

‘erf’ has the same meaning as ‘land unit’;

‘existing ground level’ means the level of the land surface on a land unit:

(a)  in its unmodified state, before any building had been erected or alterations in levels had been made thereon; or

(b)  as established from a plan indicating the contours of the land lodged with and accepted by an official agency such as the municipality or a government department, which depicts the existing level of the ground at or before the commencement date; or

(c)  in a state which has been graded, with Council’s approval, for the purpose of development; or

(d)  as determined by Council, if in its opinion it is not possible to ascertain the existing level of the ground due to irregularities or disturbances of the land; and council may require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, which shall be tied to the National Control Network, or where this is not possible, to provide at least two durable reference marks suitably located, in order to provide Council with sufficient information so that it can determine the most appropriate existing ground level for the purpose of administrating this zoning scheme;

‘expo centre’ means a place for large exhibitions, particularly of a commercial nature where products are displayed to promote trade, or a place for large conventions; and includes a conference facility;

F

‘factory’ means property containing an industrial manufacturing plant used for the manufacture of goods; ‘factory shop’ means property used for the retail sale of goods to the public, in which the goods concerned

have been completely or predominantly manufactured in a factory on the property concerned;

‘family’ means:

(a)  one person maintaining an independent household; or

(b)  two or more persons related by blood, marriage or civil union maintaining a common household; or

(c)  not more than five unrelated persons without dependants maintaining a common household; 
but does not exclude up to six foster children, or dependants under legal guardianship as part of a household;

‘farm shop’ A building, located on a farm, where the farmer sells produce grown on the farm and other goods to the general public;

‘flats’ A building containing three or more dwelling units, together with such outbuildings as are ordinarily associated therewith; provided further that in those zones where flats are permissible, a building with less than three dwelling units shall also be permissible in a building approved for flats or purposes other than for flats;

‘flood’ A general and temporary condition of partial or complete inundation of land from the overflow of a body of water;

‘flood-prone area’ Is any land area susceptible to being inundated by water from any source; ‘floor’ means the inner, lower surface of a room, garage or basement, and includes a terrace or atrium to which the occupants of a building have access;

‘floor factor’ means the factor (expressed as a proportion of 1) which is prescribed for the calculation of maximum floor space of a building or buildings permissible on a land unit. If the floor factor is known, the maximum permissible floor space can be calculated by multiplying the floor factor by the area of the land unit;

‘floor space’ in relation to any building means the area of a floor which is covered by a slab, roof or projection; provided that:

(a) any area, including a basement, which is reserved solely for parking or loading of vehicles shall be excluded;

(b)  external entrance steps and landings, any canopy, any stoep and any area required for external fire escapes shall be excluded;

(c)  a projection including a projection of eaves, and a projection which acts as a sunscreen or an architectural feature, which projection does not exceed 1 m beyond the exterior wall or similar support, shall be excluded;

(d)  any uncovered internal courtyard, lightwell or other uncovered shaft which has an area in excess of 10 m2 shall be excluded;

(e)  any covered paved area outside and immediately adjoining a building at or below the ground floor level, where such paved area is part of a forecourt, yard, external courtyard, pedestrian walkway, parking area or vehicular access, and which is permanently open to the elements on at least the front or long side, shall be excluded;

(f)  any covered balcony, verandah or terrace which, apart from protective railings, is permanently open to the elements on at least the front or long side, and which does not exceed 2,5 m in width, shall be excluded;

(g)  subject to subsection (h) below, any stairs, stairwells and atriums that are covered by a roof shall be included;

(h)  in the case of multi-level buildings, any stairwells, lift wells, lightwells or other wells, and any atrium, shall only be counted once; and provided further that:
floor space shall be measured from the outer face of the exterior walls or similar supports of such building, and where the building consists of more than one level, the total floor space shall be the sum of the floor space of all the levels, including that of basements;

‘funeral parlour’ Is property where the dead are prepared for burial or cremation and includes facilities for ancillary administrative and religious functions but does not include a crematorium;

‘freestanding base telecommunication station’ Is a freestanding support structure on land or anchored to land and used to accommodate telecommunication infrastructure for the transmitting or receiving of electronic communication signals, and may include an access road to such facility;

G

‘garage’ A building for the storage of one or more motor vehicles, and includes a carport but does not include a motor repair garage or service station;

‘greenhouse’ Is a structure with the sides primarily made of a transparent material such as glass, perspex or plastic for the purpose of growing of plants or hastening growth of plants under controlled environmental conditions;

‘gross density’ A measure of the number of dwelling units in a specified area, and is calculated as follows:

Gross dwelling density = Total number of dwelling units in a specified area (units per hectare) Extent of specified area in hectares

‘gross leasable area’ or ‘GLA’ means the area of a building designed for, or capable of, occupancy and/ or control by tenants, measured from the centre line of joint partitions to the inside finished surface of the outside walls, and shall exclude the following:

(a)  all exclusions from the definition of floor space;

(b)  toilets;

(c)  lift shafts, service ducts, vertical penetrations of floors;

(d)  lift motor rooms and rooms for other mechanical equipment required for the proper functioning of the 
building;

(e)  areas reasonably used in connection with the cleaning, maintenance and care of the building, excluding 
dwelling units for caretakers, supervisors, cleaners or maintenance staff; and

(f)  interior parking and loading bays;

‘ground floor’ Is the lowest floor of a building that is not a basement and is positioned on the base level of a building or vertical division;

‘ground level’: see ‘average ground level’ and ‘existing ground level’;


‘group house’ Is a dwelling unit which forms part of a group housing scheme;

‘group housing’ and ‘group housing scheme’ means a group of separate and/or linked dwelling units which may be subdivided but are planned, designed and built as a harmonious architectural entity and integrated with open space in an ordered way;

‘group housing site’ Are one or more land units on which a group housing scheme may be erected;

‘guest house’ Is a dwelling house or second dwelling which is used for the purpose of supplying lodging and meals to transient guests for compensation, in an establishment which exceeds the restrictions of a bed and breakfast establishment, and may include business meetings or training sessions by and for guests on the property;

H

‘habitable space’ Is space used, designed, adapted or intended to be used by persons for sleeping in, living in, preparation or consumption of food or drink, transaction of business, rendering of any services, manufacturing, processing or sale of goods, performance of work, gathering together of persons or for recreational purposes;

‘halfway house’ Is a facility that provides temporary accommodation for residents who have completed a formal treatment programme for substance abuse, but excludes inpatient treatment or similar facilities;

‘harvesting of natural resources’ The gathering of flora and/or fauna within a conservation-worthy area for sale or use by a person or agency other than a recognised environmental agency; provided that such harvesting:

(a) is sustainable;

(b) does not deplete the resources below acceptable levels; and

(c) is not detrimental to the ecosystem;

‘hazardous substance’ or ‘hazardous substances’ has the same meaning as the definition of ‘grouped hazardous substance’ in the Hazardous Substances Act, 1973 (Act 15 of 1973);

‘height’ of a building means a vertical dimension from a specified level to another specified level, as
 set out in the development rules of a zone, measured in metres; provided that chimneys, flues, masts, antennas, satellite dishes not exceeding 1,5 m in diameter and external geysers with associated equipment not protruding more than 1,5 m above the top of the roof shall not be counted for the purpose of height control;

‘helicopter landing pad’ Any portion of land, building, structure or part thereof which has been demarcated for the purposes of landing or take-off of helicopters or vertical lift-off aircraft;

‘heritage area’ Has the same meaning as described in section 31 of the National Heritage Resources Act;

‘heritage management plan’ A plan that documents a heritage resource, its heritage values and management requirements. Such a heritage management plan must be subject to public consultation and approved by Council before it may be implemented;

‘heritage legislation’ The National Heritage Resources Act;


‘heritage place’ A property, site, area, region, structure, group of structures, open space, public square, street, park, field or natural feature that is worthy of conservation due to its heritage value;

‘heritage register’ Has the same meaning as defined in the National Heritage Resources Act; ‘heritage resource’ has the same meaning as defined in the National Heritage Resources Act;

‘home occupation’ The practising of an occupation or the conducting of an enterprise from a dwelling house, second dwelling, dwelling unit or outbuilding by one or more occupants who reside 
on the property; provided that the dominant use of the property concerned shall remain for the living accommodation of the occupants, the property complies with the requirements contained in this zoning scheme for a home occupation and home occupation does not include a house shop;

‘home child care’ The use of portion of a dwelling house or outbuildings by the occupant to provide daycare, after-school care or instruction for a limited number of infants or children;

‘horticulture’: see ‘intensive horticulture’;


‘hospital’ Is a place for the diagnosis and treatment of human illness, with integrated facilities such as operating theatres and live-in accommodation for patients; and includes a clinic and medical consulting rooms;

‘hotel’ Is a property used as a temporary residence for transient guests, where lodging and meals are provided, and may include:

(a)  a restaurant or restaurants;

(b)  conference and entertainment facilities that are subservient and ancillary to the dominant use of the 
property as a hotel; and

(c)  premises which are licensed to sell alcoholic beverages for consumption on the property; 
but does not include an off-sales facility, dwelling house or dwelling unit;

‘house shop’ The conducting of a retail trade from a dwelling house, second dwelling or outbuilding by one or more occupants who shall reside on the property; provided that the dominant use of the property shall remain for the living accommodation of the occupants;

Definitions I – P

I

‘industry’ A property used as a factory or for such purposes and in or on which an article or part of such article is made, manufactured, produced, built, assembled, compiled, printed, ornamented, processed, treated, adapted, repaired, renovated, rebuilt, altered, painted (including spray painting), polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed, chilled, frozen or stored in cold storage; including offices, caretaker’s quarters or other uses which are subservient and ancillary to the use of the property as a factory; and includes a warehouse, but does not include a noxious trade or risk activity;

‘informal trading’ The legal selling of products in areas demarcated by the Council specifically for these purposes, such as markets and other demarcated areas;

‘institution’ Is a property used as a welfare facility such as a home for the aged, retired, indigent or handicapped; or a social facility such as a counselling centre, orphanages or reformatory; and includes ancillary administrative, health care and support services for these facilities; but does not include a hospital, clinic or prison;

‘integrated development plan’ or ‘IDP’ is a plan envisaged in terms of section 25 of the Municipal Systems Act;

‘intensive animal farming’ The breeding, feeding and keeping of animals or poultry on an intensive basis, but excludes the breeding, feeding and keeping of wildlife;

‘intensive horticulture’ Is the culture of plants on an intensive scale, including the culture of plants under a roof or in greenhouses, as well as the sale of self-produced plants on a property;

J

K

‘kitchen’ Is a room or part of a room equipped for preparing and cooking meals and excludes a braai 
room, food and drink preparation area or bar facilities in an entertainment area;

L

‘land’ A tract of ground capable of being owned as property and includes land covered with water; 
‘land unit’ means a portion of land registered in the Deeds Registry, or shown on a valid plan of subdivision approved by Council or other competent authority, as an erf, farm, stand, lot or plot;


‘land use’ Is the name of the use rights listed in this zoning scheme, and can be a collective description for one or a number of land use activities and ancillary uses;


‘landscaping’ The placement of plants, contoured features, water features, paving, street furniture and other soft and hard elements, for the purposes of enhancing the aesthetic appeal, environmental management, amenity and value of a property or area;

‘lawful non-conforming use’ An existing use of property, including buildings or structures thereon and the use thereof, that was lawful before the commencement date of this zoning scheme, but which does not conform to the use or development rules stipulated in this zoning scheme;

‘Less Formal Township Establishment Act’ Is the Less Formal Township Establishment Act, 1991 (Act 113 of 1991);

‘loading bay’ An area which is clearly demarcated for the loading and off-loading of goods from commercial vehicles, and which has vehicular access to a public street to the satisfaction of the Council;


‘lodging’ means bedroom (or bed, in the case of a backpackers lodge) accommodation which is made available for payment, and the services ordinarily related to such accommodation, and ‘lodger’ has a corresponding meaning;

M

‘maximum floor space’ Is the greatest total floor space that is allowed for a building or buildings on a land unit, and is calculated by multiplying the floor factor by the area of the land unit or that portion of the land unit which is situated within a particular zone; provided that where the land unit is situated within two or more zones to which different floor factors apply, the maximum floor space for the whole land unit shall be the total of the maximum floor space for each zoned portion of the land unit;

‘medical consulting rooms’ An office or offices and ancillary rooms used by a registered medical professional for human medical or medical-related consultation, where such office is not attached to a hospital or clinic;

‘metropolitan road’ Is any public street or road declared by Council as a road of metropolitan significance in terms of a schedule of such roads published and shown on a plan, as may be amended by Council from time to time;

‘mine’ has the same meaning as stipulated in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) and includes prospecting or prospecting-related activities;

‘mobile home’ Is a transportable structure with the necessary service connections, which is designed so that it can be used as a permanent dwelling;

‘motor repair garage’ A commercial enterprise where motor vehicles are provided with fuel and/or major services such as engine overhauling, spray-painting, panel beating, black-smithery, exhaust fitment, shock absorber fitment or bodywork, and includes a service station;

‘motor vehicle’ Is a wheeled vehicle designed or used for propulsion by means of an internal combustion or electrical engine, and includes a motorcycle, trailer or caravan, but does not include a vehicle moving exclusively on rails;

‘multiple parking garage’ Is a place, excluding a road, street and on-site parking associated with a primary or consent use, that is used for parking of motor vehicles by the public, with or without a fee, and may include parking within a building;

‘municipality’ has the same meaning as ‘Council’;

‘Municipal Systems Act’ Is the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);

N

‘National Constitution’ Is the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);

‘National Building Act’ The National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);

‘National Heritage Resources Act’ The National Heritage Resources Act, 1999 (Act 25 of 1999);

‘National Environmental Management Act’ The National Environmental Management Act, 1998 
(Act 107 of 1998);


‘National Ports Authority’ Is an authority that could either be a business unit or division within Transnet or a public company or enterprise created through the provisions of the National Ports Act, 2005 (Act 12 of 2005);


‘natural ground level’: see ‘average ground level’ or ‘existing ground level’;

‘noise level’ Is a reading on an integrated impulse sound level meter taken in accordance with accepted scientific principles, as described in Noise Control Regulations promulgated in terms section 25 of the Environment Conservation Act, 1989 (Act 73 of 1989) and published in PN 627/1998 in Provincial Gazette 5309 of 20 November 1998, or any such subsequent superceding regulations or legislation;


‘noxious trade’ Is an offensive, poisonous or potentially harmful trade, use or activity which, because of fumes, emissions, smell, vibration, noise, waste products, nature of material used, processes employed, or other cause, is considered by Council to be a potential source of danger, nuisance or offence to the general public or persons in the surrounding area;

O

‘occupant’ Is any person who physically inhabits a property;


‘occupational health and safety law’ Is the Occupational Health and Safety Act, 1993 (Act 85 of 
1993) or municipal by-laws governing occupational health and safety, whichever is applicable;


‘office’ Property used for the conducting of an enterprise primarily concerned with administrative, 
clerical, financial or professional duties, and includes medical consulting rooms;


‘open space’ Land, not designated as public open space or not deemed to be an ancillary use, which is used primarily as a site for outdoor sports, play, rest or recreation, or as a park or nature area; and includes ancillary buildings, infrastructure and uses, but excludes shops, restaurants and gymnasiums;


‘organ of state’ An organ of state as defined in section 239 of the National Constitution;


‘outbuilding’ Is a structure, whether attached or separate from the main building, which is normally ancillary and subservient to the main building on a land unit, and includes a building which is designed to be used for the garaging of motor vehicles, and any other normal activities in so far as these are usually and reasonably required in the connection with the main building; as well as domestic staff quarters in the case of a dwelling house, but does not include a second dwelling;

‘outdoor advertising’ The act or process of notifying, warning, informing, making known or any other act of transferring information in a visible manner and which takes place outdoors;

‘overlay zone’ A category of zoning applicable to a particular area or land unit which:

(a)  stipulates development rules and/or use rights in addition to the base zone requirements, which may be more or less restrictive; and

(b)  may include provisions and development rules relating to primary uses, additional uses or consent uses, provisions in the base zone, subdivision and subdivisional areas, special planning areas, development incentives, density limitations, urban form, urban renewal, heritage and environmental protection, management of the urban edge, scenic drives or local areas, or any other purpose, as set out in this zoning scheme or regulations promulgated in terms of the Municipal Systems Act; 
and ‘overlay zoning’ has a corresponding meaning;

‘owner’ In relation to property, means the person or entity in whose name that property is registered in a deeds registry, or to whom that property has vested in terms of planning law, and may include the holder of a registered servitude right or registered lease, and any successor in title;

P

‘package of plans’ The hierarchy of plans specified in terms of the provisions in section 18.11 of this zoning scheme, and applies to areas generally referred to as Special planning areas;

‘parapet’ A low projection, wall or moulding which finishes the uppermost edge of a building with a flat or low-pitched roof;

‘parking bay’ An area measuring not less than 5 m by 2,5 m for perpendicular or angled parking and 6 m by 2,5 m for parallel parking, which is clearly identified and demarcated for the parking of one motor vehicle and may be provided in the form of a garage or carport, and which is accessible for easy and safe vehicle movement;

‘pergola’ Is any unroofed horizontal or approximately horizontal grille or framework and associated vertical support structure, such that the area in the horizontal projection of the solid portions thereof does not exceed 25% of the total area thereof;

‘place of assembly’ A place which has a civic function to serve the social and community needs of an area, which may attract people in relatively large numbers and which is not predominantly a commercial enterprise; including a civic hall, concert hall, indoor sports centre, gymnasium, sports stadium and clubhouse, but does not include a place of entertainment or conference facility;

‘place of entertainment’ Is a place used predominantly for commercial entertainment which may attract relatively large numbers of people, operate outside normal business hours or generate noise from music or revelry on a regular basis; including a cinema, theatre, amusement park, dance hall, ballroom, gymnasium, facility for betting, electronic or mechanical playing devices, gambling hall and nightclub;

‘place of instruction’ Is a place for education or training at pre-school, school or post-school levels, including a crèche, nursery school, primary school, secondary school, college, university or research institute, and ancillary uses such as boarding hostels; or a civic facility for the promotion of knowledge to the community such as a public library, public art gallery or museum; or a place of instruction in a sport where the main objective is instruction as opposed to participation by the public as either competitors or spectators; but excludes a reformatory, commercial conference facility, gymnasium and in-house business training centre;

‘place of worship’ Is a church, synagogue, mosque, temple, chapel or other place for practising a faith or religion, and includes ancillary uses such as a religious leader’s dwelling, office or place for religious instruction; but does not include a funeral parlour, cemetery or crematorium, provided that a dwelling where the occupants engage in worship does not constitute a place of worship;

‘planning law’ The Townships Ordinance, the Planning Ordinance, the Planning Act or succeeding legislation governing the preparation and administration of zoning schemes in the Western Cape, whichever is applicable;

‘Planning Ordinance’ Is the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) of the Western Cape Province, and includes regulations made thereunder;

‘plant nursery’ A property which is used for the cultivation and sale of plants, gardening products and gardening equipment as a commercial enterprise;

‘plaza’ An urban open space or square, primarily designed for outdoor use by pedestrians;

‘policy plan’ A policy adopted by the Council, or structure plan, spatial development framework or other plans as approved in terms of planning law;

 ‘porch’ A roof (not being the floor of a balcony) projecting from the outside of a building above a doorway, and forming a covered entrance to such building, and includes any paved area thereunder and any low walls or railings enclosing such paved area, and any pillars supporting such roof;

‘port’ has the same meaning as in the National Ports Act, 2005 (Act 12 of 2005);

‘Port development framework plan’ means a plan prepared and approved by the National Ports Authority, in consultation with the affected municipality, that reflects the policy for the port development and the land use and development rules within such port;

‘precinct plan’ A plan, approved by the Council, as envisaged in section 18.11.3(c) of this zoning scheme;

‘premises’ Any shop or restaurant within a building that is not linked in any manner or way with another shop or restaurant in the same building;

‘primary use’ in relation to property means any land use specified in this zoning scheme as a primary use, being a use that is permitted without the need to obtain Council’s approval first;

‘private road’ Is privately owned land which provides vehicle access to a separate cadastral property or properties and which is designated as private road; it may include ancillary access control infrastructure such as a gatehouse, guardhouse, refuse room and utility room, but a driveway on a property and a servitude right of way over a property do not constitute private roads for the purpose of this zoning scheme;

‘private open space’: see ‘open space’;


‘property’ Is land together with any improvements or buildings on the land;

‘protected area’ has the same meaning as assigned to it in terms of the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003);

‘public authority’ A state department, local authority or other organs of state;

‘public nuisance’ Any act, omission or condition which in Council’s opinion is offensive, injurious or dangerous to health, materially interferes with the ordinary comfort, convenience, peace or quiet of the public, or which adversely affects the safety of the public, having regard to:

(a) the reasonableness of the activities in question in the area concerned, and the impacts which result from these activities; and

(b) the ambient noise level of the area concerned;

‘public open space’ Is land which is designated as public open space, under the ownership of a Council or other public authority, with or without access control, and which is set aside for the public as an open space for recreation or outdoor sport, including a park, playground, public or urban square, picnic area, public garden, nature area; and includes ancillary buildings, infrastructure and uses;

‘public road’ Is any highway, thoroughfare, lane, footpath, sidewalk, alley, passage, bridge or any other place of a similar nature or any portion thereof serving as a public right of way, whether for vehicles or pedestrians, established or proclaimed in terms of the former Municipal Ordinance, 1974 (Ordinance 20 of 1974) or any equivalent current municipal by-law and/or national legislation and includes a public street;

‘public street’ Is any land indicated on an approved general plan, diagram or map as having been set aside as a public right of way, whether for vehicles or pedestrians or public or urban squares, of which the ownership is registered in favour of or vests in the municipality in terms of planning law or any other law;

Definitions Q – Z

R

‘register’ means the record held by the Council in connection with all departures, consent uses and conditions imposed in terms of planning law;

‘registered surveyor’ Is someone who is registered in terms of the Professional and Technical Surveyors’ Act, 1984 (Act 40 of 1984) as either a professional land surveyor, a professional surveyor or a surveyor;

‘retaining structure’ Is a wall or structure constructed so as to hold back earth or loose rock;

‘restaurant’ A commercial establishment where meals and liquid refreshments are prepared and/or served to paying customers primarily for consumption on the property, and may include licensed provision of alcoholic beverages for consumption on the property; but does not exclude the option for some customers to purchase food for consumption off the property;

‘rezoning’ The change of zoning in relation to a particular land unit or units or portion of a land unit, in terms of planning law;

‘riding stables’ A commercial enterprise for the stabling of horses and includes riding instruction and the care and hiring of such horses;

‘risk activity’ An undertaking where the material handled or the process carried out is liable to cause combustion with extreme rapidity, give rise to poisonous fumes, or cause explosion, and includes major hazardous installations and activities involving dangerous and hazardous substances that are controlled in terms of national legislation;

‘risk management and prevention plan’ A plan, programme or strategy, developed in accordance with guidelines approved by the Council, to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences should any dangerous event occur.

‘road’ Includes a public street, a public road and a private road;

‘road reserve’ The designated area of land that contains or is able to contain a public street or private road, including the road and associated verge, which land may or may not be defined by cadastral boundaries;

‘rooftop base telecommunication station’ Is a support structure attached to the roof, side or any other part of a building and used to accommodate telecommunication infrastructure for the transmitting or receiving of electronic communication signals;

S

‘sale of alcoholic beverages’ The sale or offering for sale to the public of drinks capable of producing intoxication in a consumer;

‘satellite dish antenna’ Apparatus fixed to a structure or mounted permanently on the ground, that is capable of receiving or transmitting communication signals from a satellite;

‘scenic drive’ A public street which is designated as a scenic drive by the Council in recognition of the high visual amenity alongside that public street, including background vistas of mountains, open country, coastline or city;

‘scrapyard’ A property which is utilised for one or more of the following purposes:

(a)  storing, depositing or collecting of junk or scrap material or articles the value of which depends mainly or entirely on the material used in the manufacture thereof;

(b)  the dismantling of second-hand vehicles or machines to recover components or material; and

(c)  the storing or sale of second-hand parts, poles, steel, wire, lumber yards, tyres, bricks, containers or other 
articles which are suitable to be left in the open;

‘second dwelling’ Another dwelling unit which may, in terms of this zoning scheme, be erected on a land unit where a dwelling house is also permitted; and such second dwelling may be a separate structure or attached to an outbuilding or may be contained in the same structure as the dwelling house; provided that:

(a) the second dwelling shall remain on the same land unit as the dwelling house, and (b) the second dwelling shall comply with the requirements specified in this zoning scheme;

‘sectoral plan’ means any written strategy or plan which deals mainly with one of the sectors or elements or particular subjects that form part of an integrated development plan and which may be an economic, land reform, environmental, housing, water, service or transport plan;

‘service station’ Property for the retail supply of fuel, and includes trading in motor vehicles, oil, tyres or motor spares, general repairs to motor vehicles, exhaust fitment, shock absorber fitment, washing of vehicles, and an ancillary shop; but does not include spray-painting, panel beating or bodywork;

‘service trade’ An enterprise which:

(a)  is primarily involved in the rendering of a service for the local community, such as the repair of household and electrical appliances or the supply of household services;

(b)  is not likely to be a source of disturbance to surrounding properties;

(c)  employs at most 10 people;

(d)  is not likely, in the event of a fire, to cause excessive combustion, give rise to poisonous fumes or cause explosions; and may include a builder’s yard and allied trades, fitment centre for tyres, shock absorbers or exhausts, and similar types of uses; but does not include an abattoir, brick-making site, sewage works, service station or motor repair garage;

‘shelter’ means a structure and unit of accommodation intended for human occupation, constructed of any material whatsoever, even though such material may not comply with the standards of durability intended by the National Building Act;

 ‘shipping or transport container’ A large, weatherproof container used for the transport of goods by sea, rail or road, that is usually stored in the open when not in use;

‘shop’ or ‘shops’ means property used for the retail sale of goods and services to the public, and includes a retail concern where goods which are sold in such a concern are manufactured or repaired; provided that the floor space relating to such manufacture or repair shall not comprise more than 40% of the floor space of the shop; ‘shop’ does not include an industry, supermarket, service trade, motor repair garage, service station, restaurant, adult entertainment business, adult services, adult shop or sale of alcoholic beverages;

‘sign’ Any sign, sign-writing, mural, graphic design, signboard, screen, blind, boarding or other device by means of which an advertisement or notice is physically displayed, and includes any advertisement or object, structure or device which is in itself an advertisement or which is used to display an advertisement;

‘site development plan’ A scaled and dimensioned plan which shows development details such as (but not limited to) site layout, positioning of buildings and structures, property access, building designs and landscaping of the proposed development;

‘stoep’ An uncovered paved area or projecting floor outside and immediately adjoining a building, at or below the level of the ground floor thereof, and includes any low walls or railings enclosing such paved areas or floors;

‘storey’ That portion of a building included between the surface of any floor and the surface of the next floor above; or if there is no floor above, then up to the ceiling; provided that:

(a)  a basement does not constitute a storey;

(b)  a roof, or dome which forms part of a roof, shall not constitute a separate storey unless the space within 
the roof or dome is designed for or used for human occupation, in which case it is counted as a storey;

(c)  any storey which is greater than 4,8 m but equal to or less than 7,2 m in height shall, for the purposes 
of the height measurement, be counted as two storeys, and every additional 4,8 m in height or portion 
thereof, shall be counted as an additional storey; and

(d)  in counting the number of storeys of a building, the ground floor is the first storey and the next floor 
above is the second storey;

‘stormwater’ Water resulting from natural processes, precipitation and/or the accumulation thereof, and includes groundwater and springwater ordinarily conveyed by the stormwater system, as well as seawater within estuaries, but excludes water in a drinking water or waste-water reticulation system;

‘stormwater system’ Constructed and natural facilities, including pipes, culverts and water courses, used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use and disposal of stormwater;

‘street’: see ‘public street’;

‘street boundary’ The boundary between a land unit and an abutting public street or private road; provided that the boundary of a pedestrian way or service lane that cannot or will never be used by motor vehicles, shall be deemed to be a common boundary for the purpose of determining building lines, street centreline setback and site access requirements;

‘street centreline setback’ The line delimiting the area measured from the centre line of a particular public street, within which no building or other structure, including a boundary fence, may be erected;

‘structure’, without in any way limiting its ordinary meaning, includes any building, shelter, wall, fence, pillar, tower, pergola, steps, landing, terrace, sign, ornamental architectural feature, swimming pool, fuel pump or underground tank, any building ancillary to service infrastructure provision, and any portion of a structure;

‘structure plan’ means a policy plan in terms of section 4(6) or 4(10) of the Planning Ordinance or any subsequent planning law;

‘subdivide’, in relation to a land unit, means to subdivide the land unit, whether by means of:

(a)  survey;

(b)  the allocation, with a view to a separate registration of land units, of undivided portions thereof in any 
manner; or

(c)  the preparation thereof for such subdivision;

‘subdivisional area’ A land unit or land units zoned in a manner permitting subdivision as contemplated in planning law and this zoning scheme;

‘subdivision plan’ A plan which depicts the relative location of newly proposed land units on a land unit that is to be subdivided;

 ‘substitution scheme’ A zoning map or development rules which replace, in terms of planning law, any other zoning map or portion thereof, or which replace the Subdivisional Area zoning allocated in terms of planning law;

‘supermarket’ A shop having a total floor space in excess of 400 m2, in which a range of goods, including foodstuff and household goods, is offered for sale on a predominantly self-service basis;

T

‘terrace’ An area to which occupants or users of a building have access, created on a flat roof over a portion of the building, resulting from the setting back of part of the building above such portion;

‘telecommunication infrastructure’ Any part of the infrastructure of a telecommunication network for radio/wireless communication, including voice, data and video telecommunications, which may include antennas; and any support structure, equipment room, radio equipment or optical communications equipment (laser or infra-red) provided by cellular network operators and any other telecommunication provider; as well as all ancillary structures needed for the operation of telecommunication infrastructure. Fibre optic installations and point-to-point copper (cable) installations are excluded from this definition;


‘this zoning scheme’ The zoning scheme of the Municipality of Cape Town, as approved;


‘top of the roof’, for the purpose of height control, means the top of the roof ridge in the case of a pitched 
roof, or the top of the parapet where a parapet extends above the roof;


‘total floor space’ Of a building means the sum of the floor space of all the levels therein, including basements;

‘tourist accommodation’ A harmoniously designed and built development, used for holiday or recreational purposes, whether in private or public ownership, which:

(a) consists of a single enterprise in which overnight accommodation is supplied by means of short-term rental or time sharing only; and

(b) may include the provision of a camping site or mobile home park; but does not include a hotel; 
‘tourist facilities’ means amenities for tourists or visitors such as lecture rooms, restaurants, gift shops, restrooms and recreational facilities, but does not include a hotel or tourist accommodation;


‘Townships Ordinance’ The Townships Ordinance, 1934 (Ordinance 33 of 1934) and includes all regulations made in terms thereof;

‘transport impact statement’ A study of the transport impact generated by a proposed development on the existing and planned road system, and recommendation of mitigating measures required as a result of the impact;


‘transport management plan’ A document or plan specifying how the transport requirements will be accommodated in terms of all modes of transport, such as (but not limited to) public transport, private transport, cycling and walking, and how the parking requirements will be accommodated both on and off a site, including what services associated with parking will be required;

‘transport use’ The use of land, a building or structure for the operation of a public service for the transportation of goods (including liquids and gases) or passengers by means of rail, road, sea or pipeline, including the use of such land, building or structure for the purpose of a harbour, railway station, bus depot or taxi interchange, a transport undertaking based on the provision of a transport service; and includes a public-private undertaking such as a railway station, bus depot, taxi rank, public transport interchange, harbour and ancillary purposes, but does not include an airport or helicopter landing pad;

U

‘urban agriculture’ The cultivation of crops, on relatively small areas within the urban area or edge, for own consumption or sale in neighbouring markets; provided that cultivation of a garden at a dwelling by an occupant shall not be regarded as urban agriculture for the purpose of this zoning scheme;


‘urban edge’ A demarcated line which is designated as an urban edge in terms of an approved policy, which may follow cadastral boundaries or not;


‘used’, in addition to its ordinary meaning, includes ‘designated or intended to be used’;


‘use right’, in relation to property, means the right to utilise that property for activities and buildings and structures in accordance with its zoning and/or overlay zone, including any lawful departure therefrom, and any lawful non-conforming use;


‘utility service’ A use or infrastructure that is required to provide engineering and associated services for the proper functioning of urban development and includes a water reservoir and purification works, electricity substation and transmission lines, stormwater retention facilities, and a waste-water pump station and treatment works, but does not include road, wind turbine infrastructure or transport use;

V

‘verandah’ A covered area (not being an area which is part of a yard or parking area) or projecting floor outside and immediately adjoining a building at or below the level of the ground floor thereof; and includes both such area or floor and the roof or other feature covering it, as well as any low walls or railings enclosing such paved area or floor;

‘vertical division’ of a building means a portion of the building bounded by external and/or internal walls, with or without openings, which portion is clearly identifiable as a logical vertical component from other portions of the building, provided that any opening in an internal wall separating divisions may not exceed 3 m or a third of its horizontal width, whichever is the greatest; Council may deem that a building is divided into vertical divisions, where every such division shall have a separate base level for the purpose of administering this zoning scheme;

W

‘wallplate’ The lowest point of a longitudinal member, truss, bracket, pillar, post, structure or any other similar device as determined by the Council, supporting a roof;

‘warehouse’ A building used primarily for the storage of goods, except those that are offensive or dangerous, and includes property used for the business of a predominantly wholesale nature, but does not include property used for business of a predominantly retail nature;

‘watercourse’ means:

(a) a river, stream, channel or canal in which water flows regularly or intermittently;

(b) a vlei, wetland, dam, or lake into which or from which water flows; 
and includes the bed and banks of a watercourse;

‘winery’ A place where wine is made, and may include a selling point to the general public and a winetasting area;

‘wind turbine infrastructure’ A device that converts energy from the wind to electricity that may or may not be linked to an electricity provider’s grid or network and comprises a rotor (propeller), a generator, a tower and any infrastructure in support thereof;

XYZ

‘zone’, when used as a noun, has the same meaning as assigned to it in planning law;

‘zone’, when used as a verb in relation to property, has the same meaning as assigned to it in planning law;

‘zone’ That part of the zoning scheme which has been shown on the zoning map by means of a specific notation or bordering or any other distinguishing manner, in order to identify the permitted use and development rules of property;

‘zoning’, when used as a noun, has the same meaning as assigned to it in planning law;

‘zoning scheme’ has the same meaning as assigned to it in planning law; and

‘zoning map’ has the same meaning as assigned to it in planning law.