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Tauranga City Plan

14C.3 Permitted Activity Rules

Updated 11 September 2018


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


14C.3.1 Density of Independent Dwelling Units and Shared Accommodation

The maximum development density for independent dwelling units and shared accommodation on a site shall be:

Zone Density
Urban Marae Community Zone 1 independent dwelling unit per 325m2 of gross site area.
Urban Marae Community Zone, shared accommodation A maximum of 8 permanent residents per site
Ngati Kahu Sub-Zone A and Commercial (Waewae) Sub-Zone 17 independent dwelling units (or their Ngati Kahu kaumatua dwelling unit equivalent) per hectare. 
Ngati Kahu Sub-Zone A and Commercial (Waewae) Sub-Zone, shared accommodation  A maximum of 8 permanent residents per site.

Note: Any activity that does not comply with Rule 14C.3.1 – Density of Independent Dwelling Units and Shared Accommodation shall be considered a Discretionary Activity.


14C.3.2 Building Height

  1. The maximum height of any building, with the exception of the permitted intrusions under either 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, shall be:
    Zone Height
    Urban Marae Community Zone 9m
    Ngati Kahu Sub-Zone A, Commercial (Waewae) SubZone and Sub-Zone B (Recreation) 9m
    Ngati Kahu Sub-Zone B (Conservation) 3.5m
  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 14C.3.2 – Building Height shall be considered a Discretionary Activity


14C.3.3 Building Scale - Ngati Kahu Papakainga Zone, Sub-Zone B

Zone Height
Sub-Zone B (Recreation) The maximum gross floor area of any building in Sub-Zone B (Recreation) shall be 150m2
No more than two buildings are permitted in Sub-Zone B (Recreation); 
Sub-Zone B (Conservation) The maximum gross floor area of any building in Sub-Zone B (Conservation) shall be 50m2
No more than one building is permitted in Sub-Zone B (Conservation);

Note: Any activity that does not comply with Rule 14C.3.3 – Building Scale – Ngati Kahu Papakainga Zone, Sub-Zone B shall be considered a Discretionary Activity.


14C.3.4 Streetscape

14C.3.4.1 Urban Marae Community Zone

All buildings on a site with a frontage to a legal road shall be set back from the road boundary of the site as follows:

  1. 3 metres;
  2. All buildings on a site adjoining a Future Road Widening designation (as identified in 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.

14C.3.4.2 Ngati Kahu Papakainga Zone

  1. All buildings on a site with frontage to Carmichael Road and State Highway 2 shall be set back 5 metres from the road boundary of the site;
  2. All buildings on a site adjoining a Future Road Widening designation (as identified on 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.

14C.3.5 Setbacks

All buildings, excluding any setback intrusions permitted under either 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 building may be erected closer to a side or rear setback where the written consent of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building consent plans. In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the noncompliance. A maximum of two setbacks may be reduced through this rule;
  4. All buildings, excluding minor structures and activities, shall be setback a minimum of 15 metres from MHWS;
  5. 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 14C.3.5 d), e) - 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 Rule 14C.3.5 a), c), d), e) - Setbacks, shall be considered a Restricted Discretionary Activity.

Note: Any Activity which does not comply with Rule 14C.3.5 b) - Setbacks shall be considered a Non-Complying Activity. 


14C.3.6 Setbacks – Traffic Management – Safety

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.

14C.3.7 Overshadowing

  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 the written consent of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building consent plans. In the context of this rule an adjoining property will include right of way and properties separated by rights of way adjoining the non-compliance.

14C.3.8 Access

14C.3.8.1 Urban Marae Community Zone

The maximum number of independent dwelling units, shared accommodation or homestays 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; or

up to and including 2 self-contained visitor accommodation units

 2.7m minimum legal width with a 2.4m minimum seal width.

3-4 independent dwelling units or self-contained visitor accommodation units; or

up to 2 independent dwelling units that include 1 ancillary visitor accommodation unit per independent dwelling unit; or

8 visitor accommodation units; or

2 shared accommodation premises

3m minimum legal width with a 2.5m minimum seal width. 

5-12 independent dwelling units or self-contained visitor accommodation units; or

up to 8 independent dwelling units that include any 1 permitted ancillary visitor accommodation unit; or

24 visitor accommodation units; 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.

14C.3.8.2 Ngati Kahu Papakainga Zone

  1. The maximum number of independent dwelling units, Ngati Kahu kaumatua dwelling unit equivalents, ancillary visitor accommodation unit or visitor accommodation units that can be served by private right of way, private accessway or legal access lot shall be:
     

    Up to and including 2 independent dwelling units; or

    2 Ngati Kahu kaumatua dwelling unit equivalents

    2.7m minimum legal width with a 2.4m minimum seal width.

    4 independent dwelling units; or

    4 Ngati Kahu kaumatua dwelling unit equivalents; or

    up to 2 independent dwelling units that include 1 ancillary visitor accommodation unit; or

    2 Ngati Kahu kaumatua dwelling unit equivalents that include 1 ancillary visitor accommodation unit per Ngati Kahu kaumatua dwelling unit equivalent; or

    8 visitor accommodation units

    3m minimum legal width with a 2.5m minimum seal width.

    12 independent dwelling units; or

    12 Ngati Kahu kaumatua dwelling unit equivalents; or

    up to 8 independent dwelling units that include any 1 ancillary visitor accommodation unit per independent dwelling unit; or

    8 Ngati Kahu kaumatua dwelling unit equivalents that include 1 ancillary visitor accommodation unit per Ngati Kahu kaumatua dwelling unit equivalent; or

    24 visitor accommodation units

    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.
  2. Any vehicle access to the Commercial (Waewae) Sub-Zone shall be located generally opposite Te Paeroa Road.

14C.3.9 Home-based Business

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 per independent dwelling unit 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 businesses, including retail sales space, shall be 50m2 in the Urban Marae Community Zone and 80m2 in the Ngati Kahu Papakainga Zone;
  3. The activity, including any aspect of it undertaken outdoors, shall not encroach on the setback or streetscape requirements of the site as defined in the Plan;
  4. Retail sales 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 Rule 14C.3.9 – Home-based Business shall be considered a Non-Complying Activity.


14C.3.10 Visitor Accommodation

The maximum development intensity for visitor accommodation on a site shall be as follows:

  1. Urban Marae Community Zone:
    1. 1 self-contained visitor accommodation unit per 100m2 of site; or
    2. Where visitor accommodation is not self-contained the maximum gross floor area (GFA) of habitable rooms shall be 65m2 per 100m2 of site area;
    3. When added together, the maximum gross floor area (GFA) of all habitable rooms associated with visitor accommodation on the site shall not exceed 65m2 .
  2. Ngati Kahu Papakainga Sub-Zone A:
    1. For sites 1000m2 or smaller, a maximum of 10 visitor accommodation units per site; or
    2. For sites greater than 1000m2 ;
      One self-contained visitor accommodation unit per 100m2 of site area; or
      Where visitor accommodation is not self-contained, the maximum gross floor area of habitable rooms shall be 65m2 per 100m2 of site area.

Note: Any activity that does not comply with Rule 14C.3.10 – Visitor Accommodation shall be considered a Discretionary Activity.


14C.3.11 Schools, Tertiary Education Premises, Health Centres and Offices in the Urban Marae Community Zone 

  1. Schools and tertiary education premises shall be designed to ensure that the maximum occupancy of children or students at any one session, exclusive of staff, is 25 
  2. Health centres and offices shall be designed to ensure that maximum occupancy of fulltime equivalent staff is 4. 
  3. Schools and tertiary education premises shall provide a 1.8m high screen wall or fence of permanent materials along any zone boundary other than a road boundary
  4. Only one school or tertiary education premise or health centre may be established in each Urban Marae Community Zone. 

Note: Any activity that does not comply with Rule 14C.3.11 – Schools, Tertiary Education Premises, Health Centres and Offices in the Urban Marae Community Zone shall be considered a Discretionary Activity.


14C.3.12 Schools, Tertiary Education Premises, Health Centres and Offices in the Ngati Kahu Papakainga Zone

  1. Schools and tertiary education premises in the Ngati Kahu Papakainga Sub-Zone A and the Commercial (Waewae) Sub-Zone shall be designed to ensure the maximum occupancy of children or students at any one caregiving or educational session, exclusive of staff, is 50; 
  2. Health centres and offices in Sub-Zone A shall be designed to ensure the maximum occupancy of fulltime equivalent staff on the site is 12. This limit shall not apply to offices in the Commercial (Waewae) Sub-Zone 
  3. Schools and tertiary education premises shall provide a 1.8m high screen wall or fence of permanent materials along any zone boundary other than a road boundary
  4. Only one school or tertiary education premise or health centre may be established as a Permitted Activity in the Ngati Kahu Papkainga Zone. 

Note: Any activity that does not comply with Rule 14C.3.12 – Schools, Tertiary Education Premises, Health Centres and Offices in the Ngati Kahu Papakainga Zone shall be considered a Discretionary Activity.


14C.3.13 Gymnasia – Ngati Kahu Papakainga Zone

Gymnasia in the Commercial (Waewae) Sub-Zone shall be designed to ensure the maximum occupancy of persons using the facility, exclusive of staff, is 50.


Note: Any activity that does not comply with Rule 14C.3.13 – Gymnasia – Ngati Kahu Papakainga Zone shall be considered a Discretionary Activity.


14C.3.14 Ngati Kahu Special Rule for Commercial (Waewae) Sub-Zone

  1. The maximum permitted total development area for land use activities in the Subzone shall be 2 hectares and this development shall be at a location and of a shape that is in accordance with the Sub-Zone boundaries shown on Plan Map L30
  2. Vehicle access to this Sub-Zone shall be off Carmichael Road, generally opposite Te Paeroa Street. 

Note: Any activity that does not comply with Rule 14C.3.14 – Ngati Kahu Special Rule for Commercial (Waewae) Sub-Zone shall be considered a Discretionary Activity.


14C.3.15 Produce Stalls – Ngati Kahu Papakainga Zone 

Produce stalls in the Ngati Kahu Papakainga Sub-Zone A and the Commercial (Waewae) Sub-Zone shall have a maximum gross floor area per site of 50m2


Note: Any activity that does not comply with Rule 14C.3.15 – Produce Stalls – Ngati Kahu Papakainga Zone shall be considered a Discretionary Activity.


14C.3.16 Heavy Machinery 

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 14C.3.5 - Setbacks and Rule 14C.3.7 - Overshadowing. 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 Rule 14C.3.16 – Heavy Machinery shall be considered a Non-Complying Activity. 


14C.3.17 Rules in other Sections of the Plan 

Activities within the Urban Marae Community Zone and the Ngati Kahu Papakainga Zone shall also comply 
with the following sections of the Plan: 

  1. The provisions of Chapter 4 – General Rules Provisions
  2. The provisions of Chapter 7 – Heritage
  3. The provision of Chapter 8 – Natural Hazards
  4. The provisions of Chapter 9 – Hazardous Substances and Contaminated Land
  5. The provisions of Chapter 11 – Financial Contributions
  6. The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G – Purpose of Service and Infrastructure Provisions
  7. The provisions of any Plan Area

 

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