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Tauranga City Plan

14B.3 Permitted Activity Rules

Updated 11 September 2018


Note: Activities that cannot comply with a Permitted Activity rule will be considered a Restricted Discretionary Activity unless otherwise stated.


14B.3.1 Residential Development Density – Suburban Residential, Large Lot Residential

The maximum development density for residential activities on a site shall be:

Activity Density
Independent dwelling units - Suburban Residential Zone 1 independent dwelling unit per 325m2 of nett site area
Independent dwelling units – Large Lot Residential Zone  1 independent dwelling unit per 1,000m2 of site area. 
Rest home  Sites shall have a minimum site area of 1000m2
1 bed and/or bedroom per 75m2 of site area; 
Maximum of 20 rest home residents per site excluding staff).
Retirement village  Sites shall have a minimum site area of 1000m2
1 independent dwelling unit or it’s dwelling unit equivalent per 325m2 of nett site area
1 rest home bed and/or bedroom per 75m2 of site area; 
Maximum of 20 rest home occupants per site excluding staff). 
Shared accommodation  Sites shall be a minimum of 600m2
Maximum of 8 permanent residents per site excluding staff). 

Note: Unless specifically listed elsewhere within the Plan, any Activity that does not comply with Permitted Activity Rule 14B.3.1 - Residential Development Density shall be considered a Discretionary Activity. 


14B.3.2 Building Height - Suburban Residential, Large Lot Residential 

  1. The maximum height of any building, with the exception of the permitted intrusions either under Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, on a site shall be: 
    Zone Height
    Suburban Residential Zone 9m, except: 
    within the Medium Rise Plan Area of the Suburban Residential Zone where the maximum height of any building shall be 12m. 
    Large Lot Residential Zone  9m
  2. Provided that no building or structure within any identified Viewshaft Protection Area, with the exception of the Permitted Intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, shall exceed the maximum height identified within the Plan Maps (Part B). 

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.2 – Building Height shall be considered a Discretionary Activity.


14B.3.3 Streetscape - Suburban Residential, Large Lot Residential 

  1. All buildings excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback Intrusions, on a site with a frontage to a legal road shall be setback from the road boundary of the site as follows: 
    1. 3 metres, except; 
    2. All buildings on a site adjoining a future road widening designation identified on the Plan Maps (Part B) shall have the required setback measured from that designation boundary
    3. The provision of on-site parking shall not be located within the required streetscape setback

14B.3.4 Setbacks - Suburban Residential, Large Lot Residential 

  1. All buildings, excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall provide the following setbacks from a side or rear boundary
    1. A minimum of 1.5 metres from a side or rear boundary
    2. A minimum of 5 metres from the boundary of the Conservation Zone; 
    3. A minimum of 5 metres from the western or northern boundary of the Bethlehem Commercial Business Zone; 
    4. A building may be erected closer to a side or rear setback where, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance where the building is to be located within 1.5 metres of that property boundary. A maximum of two setbacks may be reduced through this rule. 
  2. Where an existing building has lawfully established before 15 November 2003 (“the existing building”) in a manner which would now infringe Rule 14B.3.4 a) i) – Setbacks – Suburban Residential, Large Lot Residential, any new building proposed for the adjoining site but sharing a common site boundary with the existing building may infringe Rule 14B.3.4 a) i) – Setbacks – Suburban Residential, Large Lot Residential, but only to the extent that the existing building so infringes on the common site boundary. Where there are existing buildings on more than one common site boundary this exemption can only be applied to one of the commonly affected site boundaries
  3. All buildings, excluding minor structures and activities, shall be setback a minimum of 15 metres from Mean High Water Springs
  4. All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland

Note: Permitted Activity Rule 14B.3.4 c) and d) - Setbacks does not apply where the subject site is separated by a formed legal road from the Coastal Marine Area.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.4 - Setbacks, unless otherwise stated, shall be considered a Restricted Discretionary Activity.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.4 a) ii) - Setbacks shall be considered a Non-Complying Activity.


14B.3.5 Setbacks - Traffic Management - Safety - Suburban Residential, Large Lot Residential 

All garages or carports designed with direct vehicle access to a road shall be set back at least 4.5 metres from the road boundary

14B.3.6 Overshadowing - Suburban Residential, Large Lot Residential 

  1. All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing
  2. A building may penetrate the overshadowing envelope if, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include all those properties directly adjoining the boundary at which the overshadowing envelope is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights of way, or access lots (excluding public roads), where the subject building encroaches the overshadowing envelope as applied at the boundary of that property. 

14B.3.7 Site Coverage – Suburban Residential Zone 

The maximum site coverage in the Suburban Residential Zone shall be: 

  1. 45% of the nett site area for sites of 500m2 nett site area or greater; 
  2. 55% of the nett site area for sites of less than 500m2 nett site area

Note: Unless specifically listed elsewhere within the Plan, any activity that does not comply with Permitted Activity Rule 14B.3.7 - Site Coverage – Suburban Residential Zone shall be considered a Discretionary Activity.


14B.3.8 Site Coverage – Large Lot Residential Zone 

The maximum site coverage in the Large Lot Residential Zone shall be 45% of the site area. 


Note: Any activity that does not comply with Permitted Activity Rule 14B.3.8 - Site Coverage – Large Lot Residential Zone shall be considered a Discretionary Activity. 


14B.3.9 Access - Suburban Residential, Large Lot Residential 

The maximum number of independent dwelling units, homestays or shared accommodation that can be served by private rights of ways, private accessway or legal access lot shall be; 

Up to and including 2 independent dwelling units, (including any secondary independent dwelling units), only 2.7m minimum legal width with a 2.4m minimum seal width.
3-4 independent dwelling units, (including any secondary independent dwelling units), or up to 2 independent dwelling units that include any one permitted homestay per independent dwelling unit or 2 shared accommodation premises  3m minimum legal width with a 2.5m minimum seal width.
5-12 independent dwelling units (including any secondary independent dwelling units), or up to 8 independent dwelling units that include any one permitted homestay or up to 8 shared accommodation premises  6m minimum legal width, with a 5.0m minimum seal width provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries
5 or more independent dwelling units forming part of a retirement village provided that the right of way, accessway or legal access lot is for the exclusive use of that retirement village 6m minimum legal width, with a 5.0m minimum seal width provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries

14B.3.10 Outdoor Living Area - Suburban Residential 

  1. In the Suburban Residential Zone each independent dwelling unit shall be provided with an outdoor living area which shall: 
    1. Be for the exclusive use of the independent dwelling unit
    2. Comprise a continuous minimum area of 50m2 that includes an area with minimum dimensions of 4 metres by 3 metres; 
      1. either be provided at ground floor level or; 
      2. as a balcony with a minimum area of no less than 12m2 with the balance provided at ground level; 
    3. Be directly accessible from a main living area of the independent dwelling unit it is exclusive to; 
    4. Be free of driveways, manoeuvring areas, parking and buildings with the exception of decks and balconies; 
    5. Be unenclosed except for cover by a roof, shade sail or other cover to provide sun protection and/or eaves (including guttering); 
  2. Rule 14B.3.10 a) – Outdoor Living Area – Suburban Residential shall not apply to independent dwelling units forming part of a retirement village

14B.3.11 Homestays - Suburban Residential, Large Lot Residential

  1. Sites shall have minimum nett site area of 600m2
  2. The homestay shall be associated with and ancillary to an independent dwelling unit on the site, provided that that independent dwelling unit has no ancillary secondary independent dwelling unit, or is not itself a secondary independent dwelling unit
  3. When added together, the maximum gross floor area of all habitable rooms associated with homestay on the site shall not exceed 65m2

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.11 – Homestays – Suburban Residential, Large Lot Residential shall be considered a Non-Complying Activity.


14B.3.12 Home-based Business - Suburban Residential, Large Lot Residential

The maximum development intensity for a home-based business or combination of home-based business activities on a single site shall be:

  1. Every home-based business or combination of home-based business activities on a single site may employ not more than two other persons (Full Time Equivalent (FTE)) additional to the members of the household who permanently reside on the site and who own and operate the business from that site
  2. The activity shall be carried out either within a dwelling, an accessory building, or in an outdoor activity area clearly designed and constructed for the purpose of the business or businesses, or a combination of these areas. The maximum total gross area used for the home-based business or combination of home-based businesses, including retail sales space, shall be 50m2
  3. The activity, including any aspect of the activity undertaken in an outdoor activity area, shall not encroach on the setback or streetscape requirements of the site as defined in the Plan
  4. Retail sales from a home-based business or businesses shall be limited to those goods and materials produced by the home-based business or used in the direct operation and management of that business or those businesses on the site. Retail sales shall take place from within a building or structure on the same site and the area occupied for retail sales shall be a constituent part of the gross area of the activity

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.12 - Home-based Business – Suburban Residential, Large Lot Residential shall be considered a Non-Complying Activity.


14B.3.13 Secondary Independent Dwelling Units - Suburban Residential, Large Lot Residential

  1. The minimum site size required to accommodate both a principal independent dwelling unit and for the erection of a secondary independent dwelling unit is 500m2 nett site area
  2. Development on the site is restricted to one principal independent dwelling unit and its secondary independent dwelling unit and their accessory buildings
  3. A secondary independent dwelling unit shall be either: 
    1. Encompassed within the bulk of the principal independent dwelling unit, or 
    2. Encompassed as a second floor to a garage servicing the principal independent dwelling unit
  4. A secondary independent dwelling unit must be capable of functioning as a separate household unit and be physically partitioned from the principal independent dwelling unit or garage by fire separation; 
  5. A secondary independent dwelling unit shall be limited to a maximum of 2 bedrooms (or 2 rooms other than the main living area capable of being used as bedrooms) in addition to other rooms within the unit (living, kitchen, laundry, bathroom and storage rooms); 
  6. The building containing both units or both buildings where the secondary independent dwelling unit is encompassed as a second floor to a garage servicing the principal independent dwelling unit shall be subject to Rule 14B.3.2 - Building Height, Rule 14B.3.3 - Streetscape, Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential, Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential Zone and Rule 14B.3.8 - Site Coverage – Large Lot Residential Zone
  7. Within the Suburban Residential Zone the principal independent dwelling unit shall be provided with an outdoor living area in accordance with Rule 14B.3.10 - Outdoor Living Area – Suburban Residential
  8. Within the Suburban Residential Zone the secondary independent dwelling unit shall be provided with an outdoor living area which shall be: 
    1. A minimum area of 35m2 capable of containing a 4 metre diameter circle; 
    2. For the exclusive use of the secondary independent dwelling unit
    3. At ground level; 
    4. Readily accessible from the main living area of the secondary independent dwelling unit it is exclusive to; or where the secondary independent dwelling unit is provided at second floor readily accessible from the entrance to the secondary independent dwelling unit
    5. Free of driveways, manoeuvring areas, parking, and buildings.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rules 14B.3.13 a), b), c), d) and/or e) - Secondary Independent Dwelling Units – Suburban Residential, Large Lot Residential shall be considered a Discretionary Activity.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rules 14B.3.13 f) or g) - Secondary Independent Dwelling Unit will result in the activity being considered in accordance with the applicable corresponding provisions of the Plan.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rule 14B.3.13 h) - Secondary Independent Dwelling Unit will result in the activity being considered as a Restricted Discretionary Activity.


14B.3.14 Heavy Machinery - Suburban Residential, Large Lot Residential 

No heavy machinery shall be parked, stored or displayed on a site. This excludes one private motor home vehicle per site, regardless of whether that vehicle falls within the definition of heavy machinery, providing the motor home vehicle is parked in compliance with Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential and Rule 14B.3.6 - Overshadowing - Suburban Residential, Large Lot Residential. Heavy Machinery may visit and use a site to pick up or deliver goods or materials, or during construction


Note: Any activity that does not comply with Permitted Activity Rule 14B.3.14 - Heavy Machinery shall be considered a Non-Complying Activity.


14B.3.15 Specific Urban Growth Area Requirements

Activities within an urban growth area shall ensure compliance with the following:

  1.  Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas
  2.  Rule 12B.3.1.8 – Infrastructure
  3.  Rule 12B.3.1.9 – Specific Urban Growth Area Requirements – Pyes Pa West (including Kennedy Road and Hastings Road)
  4.  Rule 12B.3.1.10 – Specific Urban Growth Area Requirements – Pyes Pa; and; 
  5.  Rule 12B.3.1.11 – Specific Urban Growth Area Requirements – West Bethlehem/North East Bethlehem

14B.3.16 Showhomes

  1. A showhome;
    1. Shall meet all the permited activity requirements for an independent dwelling unit in the zone and
    2. May have no more than one staff member on site to facilitate the display and promotion of the showhome.

 

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