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Tauranga City Plan

14E.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.


14E.3.1 Residential and Visitor Accommodation Density

The minimum site area required for each independent dwelling unit or visitor accommodation unit contained within the site shall be: 

Activity Density

Independent dwelling units

1 Independent dwelling unit per 100m2 of gross site area.

Shared accommodation (other than high rise buildings in the High Rise Plan Area)

Maximum of 8 permanent residents per site.

Visitor accommodation (self-contained)

1 self-contained visitor accommodation unit per 100m2 of gross site area.

Visitor accommodation (not self-contained)

Habitable room gross floor area of 65m2 per 100m2 of gross site area.


Note: Any activity that does not comply with Rule 14E.3.1 – Residential and Visitor Accommodation Density shall be considered a Discretionary Activity.


14E.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 Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones on a site shall be 9 metres.
  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 Rule 14E.3.2 a) – Building Height shall be considered a Non- Complying Activity for sites between Adams Avenue and Commons Avenue, with the exception of buildings in the High Rise Plan Area which shall be considered a Controlled Activity.

Note: Any activity that does not comply with Rule 14E.3.2 a) – Building Height in the High Density Residential Zone, excluding sites between Adams Avenue and Commons Avenue, shall be considered a Discretionary Activity, with the exception of buildings in the High Rise Plan Area which shall be considered a Controlled Activity.

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


14E.3.3 Streetscape

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; 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.

14E.3.4 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, 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.
  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: Rule 14E.3.4 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 14E.3.4 b) - Setbacks shall be considered a Non-Complying Activity.


14E.3.5 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.

14E.3.6 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 and excluding buildings in the High Rise Plan Area, 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 rights of way and properties separated by rights of way adjoining the non-compliance.

14E.3.7 Access

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

1 shared accommodation premises.

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

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

up to 2 independent dwelling units that include any one permitted homestay per independent dwelling unit; or

8 visitor accommodation units; or

2 shared accommodation premises.

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

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

up to 8 independent dwelling units that include one permitted homestay; or

24 visitor accommodation units; or

up to 8 shared accommodation premises.

6m minimum legal width, with a 5.0m minimum width of seal, provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries.

14E.3.8 Homestays

  1. The homestay shall be associated with, and ancillary to, an independent dwelling unit on the site;
  2. 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 Rule 14E.3.8 – Homestays shall be considered a Non-Complying Activity.


14E.3.9 Home-Based Businesses

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 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;
  3. The activity, including any aspect undertaken in an outdoor area, shall not encroach on the streetscape or setback 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 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 total gross area used for the home-based business or combination of businesses.

Note: Any activity that does not comply with Rule 14E.3.9 – Home-based Businesses shall be considered a Non-Complying Activity.


14E.3.10 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 14E.3.4 - Setbacks and Rule 14E.3.6 - Overshadowing. Heavy Machinery may visit and use a site for the purpose of pick up or delivery of goods or materials or during construction on the site.


Note: Any activity that does not comply with Rule 14E.3.10 – Heavy Machinery shall be considered a Non-Complying Activity.


14E.3.11 Rules in Other Sections of the Plan

Activities within the High Density Residential 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 – Infrastructure and Services;
  7. The provisions of any Plan Area.

 

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