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Tauranga City Plan

14F.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. 


14F.3.1 Residential Development Density – Wairakei Residential Zone 

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

Activity Density
 Wairakei Residential Zone

1 independent dwelling unit per site.

No minimum nett site area applies

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

No minimum nett site area applies to independent dwelling unit or its dwelling unit equivalent

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: Any Activity that does not comply with Permitted Activity Rule 14F.3.1 - Residential Development Density shall be considered a Discretionary Activity. 


14F.3.2 Building Height – Wairakei Residential Zone 

  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 
    Wairakei Residential Zone 9.5m
  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 14F.3.2 – Building Height shall be considered a Discretionary Activity.


14F.3.3 Streetscape – Wairakei Residential Zone

  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.  

14F.3.4 Setbacks – Wairakei Residential Zone 

  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
    1. A minimum of 1.5 metres from a rear boundary
    2. A minimum of 1 metres from the boundary of the Passive Open Space Zone; 
    3. A minimum of 1.5 metres from a side boundary
  2. 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 not 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; 
  3. Rule 14F.3.4 a) iii) shall not apply where there is an existing common wall on the boundary between two independent dwelling units on adjoining sites or where a common wall on the boundary is proposed as illustrated in Appendix 14O: Setbacks for the Wairakei Residential Zone (Sheets 1 & 2)

14F.3.5 Setbacks - Traffic Management - Safety – Wairakei Residential Zone

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.

14F.3.6 Overshadowing – Wairakei Residential Zone

  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. 
  3. Where Rule 14F.3.4(c) – Setbacks – Wairakei Residential Zone applies, Rule 14F.3.6 – Overshadowing- Wairakei Residential Zone shall not apply to the common wall on the boundary

14F.3.7 Access – Wairakei Residential Zone

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 only 2.7m minimum legal width with a 2.4m minimum seal width.
3-4 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, 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

 
14F.3.8 Outdoor Living Area and Sunlight – Wairakei Residential Zone

  1. Each independent dwelling unit shall be provided with private outdoor living area continuous with the dwelling unit which:
    1. if at ground level, have a minimum area of 20m2 and minimum dimensions of 3m x 4m, located on the North, North East or North West aspect of the site; or 
    2. if at ground level, have a minimum area of at least 50m2, within minimum dimensions of 3m x 4m; or
    3. if located above ground level be a balcony of at least 6m2 having a minimum dimension of 1.5 metres;
  2. Any nominated private outdoor living area should be unobstructed by buildings, parking spaces or vehicle access and manoeuvring areas and future boundary lines; 
  3. Be unenclosed except for cover by a roof, shade sail or other cover to provide sun protection and/or eaves (including guttering); 

14F.3.9 Building Platforms – Wairakei Residential Zone 

All new buildings shall have a minimum building platform level (relative to Moturiki Datum) of: 

  1. 4.8m RL for allotments that are proposed for non-habitable residential buildings within Development Areas 1A, 1B and 1C, as shown on Diagram 11, Section 5 (Plan maps, Plan B)
  2. 5.1m RL for allotments proposed for habitable buildings (including attached garages) within Development Areas 1A, 1B and 1C, as shown on Diagram 11, Section 5 (Plan maps, Plan B)
  3. 4.8m RL for all new allotments that are proposed within Development Area 1D, as shown on Diagram 11, Section 5 (Plan maps, Plan B)

14F.3.10 Homestays – Wairakei Residential Zone

  1. Sites shall have minimum nett site area of 600m2;
    1. 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
    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 Permitted Activity Rule 14F.3.10 – Homestays – Wairakei Residential Zone shall be considered a Non-Complying Activity.


14F.3.11 Home-based Business – Wairakei Residential Zone

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
    1. 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
    2. 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
    3. 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 14F.3.11 - Home-based Business – Wairakei Residential Zone shall be considered a Non-Complying Activity.


14F.3.12 Retirement Village – Wairakei Residential Zone

  1. Buildings within a retirement village shall comply with the permitted activity conditions for the Wairakei Residential Zone in: 
    1. Rule 14F.3.1 – Residential Development Density – Wairakei Residential Zone
    2. Rule 14F.3.2 – Building Height – Wairakei Residential Zone
    3. Rule 14F.3.3 – Streetscape – Wairakei Residential Zone
    4. Rule 14F.3.4 – Setbacks – Wairakei Residential Zone
    5. Rule 14F.3.5 – Setbacks – Traffic Management – Safety – Wairakei Residential Zone
    6. Rule 14F.3.6 – Overshadowing – Wairakei Residential Zone
    7. Rule 14F.3.7 Access – Wairakei Residential Zone
    8. Rule 14F.3.8 – Outdoor Living Area and Sunlight – Wairakei Residential Zone
    9. Rule 14F.3.9 – Building Platforms – Wairakei Residential Zone; and 
    10. Rule 14F.3.16 – Specific Urban Growth Area Requirements
  2. Rule 14F.3.3 – Setbacks – Wairakei Residential Zone, Rule 14F.3.5 – Setbacks – Traffic Management – Safety – Wairakei Residential Zone and Rule 14F.3.6 – Overshadowing – Wairakei Residential Zone shall only apply at the boundaries of the retirement village site and shall not apply between buildings on the retirement village site

14F.3.13 Secondary Independent Dwelling Units – Wairakei Residential Zone

  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 14F.3.2 - Building Height – Wairakei Residential Zone, Rule 14F.3.3 – Streetscape – Wairakei Residential Zone, Rule 14F.3.4 - Setbacks – Wairakei Residential ZoneRule 14F.3.5 - Setbacks – Traffic Management – Safety – Wairakei Residential Zone, Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone
  7. Within the Wairakei Residential Zone the principal independent dwelling unit shall be provided with an outdoor living area in accordance with Rule 14F.3.8 - Outdoor Living Area and Sunlight – Wairakei Residential Zone
  8. Within the Wairakei Residential Zone the secondary independent dwelling unit shall be provided with an outdoor living area which shall be: 
    1. Each independent dwelling unit should have a private outdoor living space continuous with the dwelling unit which should, if at ground level, have a minimum dimension of 5 metres in any one direction or, if located above ground floor, shall be a balcony of at least 6m2 having a minimum dimension of 1.5m; 
    2. Any nominated private outdoor living space should be unobstructed by buildings, parking spaces or vehicle access and manoeuvring areas and future boundary lines; 
    3. Any nominated private outdoor living areas shall be accessible from the main living area of the dwelling; 
    4. Any area of private outdoor living area should be located on the North, North East or North east aspect of the site

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

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rules 14F.3.13 f) or g) - Secondary Independent Dwelling Units – Wairakei Residential Zone 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 14F.3.13 h) - Secondary Independent Dwelling Units – Wairakei Residential Zone will result in the activity being considered as a Restricted Discretionary Activity.


14F.3.14 Heavy Machinery – Wairakei Residential Zone

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 14F.3.4 - Setbacks – Wairakei Residential Zone and Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone. 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 14F.3.14 - Heavy Machinery shall be considered a Non-Complying Activity.


14F.3.15 Showhomes – Wairakei Residential Zone

  1. A showhome
    1. Shall meet all the permitted 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

14F.3.16 Specific Urban Growth Area Requirements

Activities within the Wairakei 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 12B3.1.8 – Infrastructure
  3. Rule 12B.3.1.12 – Specific Urban Growth Area Requirements – Wairakei Urban Growth Area
  4. Rule 12B.3.1.13 – Specific Urban Growth Area Requirements – Stormwater Management within the Wairakei Urban Growth Area 

Note: Any activity that does not comply with Rule 14F.3.16 d) – Specific Urban Growth Area Requirements – Stormwater Management within the Wairakei Urban Growth Area shall be considered a Non-Complying Activity.


14F.3.17 Rules in Other Sections of the Plan

Activities within the Wairakei Residential Zones 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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