13. Residential Zone
13.1 Zone Introduction
13.1.1 The Residential Zone comprises the residential areas of
the Opotiki township, including those residential areas to the east
and west of St John Street, and the Woodlands residential area.
13.1.2 Residential areas have particular amenity values that
require maintenance and enhancement. The urban areas of the
district have grown steadily in the last 15 years. There has been
an identifiable increase in residential development in the
Woodlands residential area. The Plan needs to provide for
additional residential areas to accommodate further residential
expansion. These areas have been provided for in the Woodlands
residential area, and in some of the coastal residential areas of
the district. Most of the residential areas of the township are
characterised by medium density, single-dwelling structures,
however there are also a small number of multi-unit dwellings.
13.1.3 The objective, policies and rules of this section seek to
maintain or enhance the amenity values of the Residential Zone. The
resource management strategy implemented in this section will
manage and control all proposed activities within the district's
Residential Zone to ensure that the amenity values of the zone are
13.1.4 Characteristics that contribute to the character of the
13.2 Resource Management Strategy
13.2.1 Resource management issues
1. The generation of adverse effects from some activities
undertaken within the zone may compromise the predominant
residential character of the zone.
2. There is a need to accommodate anticipated residential growth
so that it will not result in adverse environmental effects.
3. The potential for non-residential activities, traffic through
routes, noise, dust and vibration from adjacent activities all have
the potential to detract from the pleasantness of a residential
4. Non-residential activities are likely to generate higher
levels of vehicle movements than residential activities which can
affect the character of the Zone.
5. Effects of land use activities such as earthworks, may
compromise the capacity of ponding areas, and that compounded with
the effects from flooding may affect some residential areas of the
6. Residential sites need to be of a sufficient size, so that
where on-site effluent treatment is required there will be no
adverse effects on the site, adjoining sites, and on the natural
and physical resources of the district.
13.2.2 Objectives and policies
Objective 1. A high quality residential environment where
residential activities are undertaken in a manner that maintains
and enhances the characteristics of the zone.
Policies 1.1 Avoid, remedy, or mitigate the adverse
environmental effects associated with residential expansion.
1.2 Avoid, remedy or mitigate the adverse effects of activities
within the Residential Zone so that the quality and characteristics
of the Zone are maintained.
1.3 Management of the potential effects of activities on ponding
areas so that their effect on the capacity of the ponding area is
1.4 Management of activities on flood prone area so that the
effects of natural hazards can be mitigated through the use of
protection measures such as stopbanks, minimum floor levels, or
Objective 2. Management of the potential adverse effects of
non-residential activities to ensure that the activities complement
the amenity values of the district's residential areas.
Policies 2.1 Design of non-residential activities to retain a
residential character, as far as practical, including compatible
lighting, noise, landscaping and screening requirements.
2.2 Management of the effects of non-residential activities on
the residential transport network to ensure safety for motorists
13.2.3 Methods of implementation
The objectives and policies of this section will be implemented
by the following methods
2. Other methods
The following rules provide for permitted activities, controlled
activities, discretionary activities, and non-complying activities
within the Residential Zone.
13.3.1 Permitted activities
Subject to compliance with the Zone Standards in Section
13.4, the following activities may be established
in the Residential Zone without a resource consent.
1. One dwelling per site.
2. Buildings and activities accessory to permitted
3. Maintenance work carried out by Bay of Plenty Regional
Council on established drainage and flood control scheme works.
4. Conservation planting and management, weed and pest removal,
replanting and rehabilitation of indigenous vegetation.
5. Activities on reserves as provided for in the Reserves Act
1977, or an approved Reserve Management Plan.
6. Temporary buildings and activities required for a building or
construction project of not more than 12 months duration, provided
they are removed from the site immediately upon completion of the
7. Signs, as in 13.4.6 SG1.
8. Activities stated in 3.3.1 Section 3
Landscapes and habitats.
9. Activities stated in 4.3.1 Section 4
10. Activities stated in 6.3.1 Section 6
Surface of water activities.
11. Activities stated in 7.3.1 Section 7
12. Activities stated in 8.3.1 Section 8
13. Activities stated in 9.3.1 Section 9
14. Any activity that is not listed in the Plan and which
complies with the zone standards shall be deemed a permitted
activity and does not require a resource consent.
15. Temporary military training exercises.
16. Removal of residential dwellings that comply with the
Building Act 2004 requirements, and Council's engineering
17. Up to three dwellings where there is a minimum of
400 m² per dwelling, where a sewer connection is available,
and where Zone Standard 13.4.2 can be met.
18. The relocation of a building or dwelling, where the
following criteria are able to be met:
i. Zone standards of the District Plan.
ii. The building or dwelling was constructed after 1970.
iii. Reinstatement works shall be undertaken within six months
of the relocation or occupation (whichever is the sooner).
13.3.2 Controlled activities
The following activities may be established after a land use
consent has been granted by Council. Activities must comply with
the Zone Standards stated in Section 13.4.
1. Home occupations.
2. Visitor accommodation for one to four visitors per night.
3. Community and outdoor recreation activities where any
buildings and structures, or parts of the building being used for
the activity, are less than 100 m² in area.
4. Buildings and activities accessory to a controlled
5. Temporary activities not listed as a permitted activity,
provided that where the site access is to a State highway, the
written comments of Transit NZ will be required, and will need to
be submitted as part of any application.
6. Signs, as stated in 13.4.6 SG1.
7. Subdivision as stated in 13.5.1.
8. Activities stated in 3.3.2 Section 3
Landscapes and Habitats.
9. Activities stated in 4.3.2 Section 4
10. Activities stated in 6.3.2 Section 6
Surface of Water Activities.
11. Activities stated in 7.3.2 Section 7
12. Activities stated in 8.3.2 Section 8
13. Relocation of a building or dwelling that either:
a) Does not comply with the specified time period for
reinstatement work as stated in rule 13.3.1(18)(iii); or
b) Does not comply with the age restriction stated in rule
13.3.1(18)(ii) provided that the application for consent includes a
report from a suitably qualified person, being a qualified
architect or structural engineer with adequate experience, which
report concludes that the building or dwelling is sanitary and has
The Council has reserved control over the following matters.
126.96.36.199 Design and appearance
i. The design and appearance of the activity and how it relates
to the amenity values of the surrounding areas, including as
relevant height, bulk, colour, materials, and proposed landscaping
ii. The visual effect of the activity in relation to its
location, site boundaries, and topography.
iii. The manner in which the site is to be landscaped and how
effectively it will screen the activities or enhance the amenity
values of the area.
iv. The location and appearance of signage associated with the
188.8.131.52 Effects of the activity on adjoining sites
i. The size and location of buildings with regard to the
activities on the site and the effect on neighbouring properties
and the amenity values of the area.
ii. Any measures to be implemented to mitigate the effects from
the activity, such as visual effects, odour, noise and
184.108.40.206 Vehicle access and site manoeuvrability
i. The design and location of vehicular access, on-site
manoeuvrability, and whether vehicles can leave and enter the site
ii. The need for car parking, service lanes, and loading and
unloading activities associated with the activity.
220.127.116.11 Historical, archaeological and cultural
i. The effect of the design and layout of the activities in
relation to land, buildings, features and water bodies which have
historical and archaeological worth.
ii. The effects of the activity on resources of importance to
iii. The effects of the activity on heritage and conservation
values, both on the site and on adjoining sites.
18.104.22.168 Natural hazards
i. The susceptibility of the site to natural hazards and the
measures implemented to mitigate the effects of natural
ii. The extent to which the activity may accentuate the adverse
effects of natural hazards.
iii. The effects of the activity on the Tarawa Creek and Duke
Street ponding areas.
22.214.171.124 Hazardous substances
i. The type and volume of the hazardous substances to be used or
stored on the site.
ii. The spill containment system proposed for the activity.
iii. The proposed drainage system for the activity site.
iv. The degree of risk of spillage and the potential adverse
effects of spillage both on and off the site.
Council may impose conditions on a resource consent for a
controlled activity only in relation to the matters stated
13.3.3 Discretionary activities
The following activities may be established after a land use
consent has been granted by Council. Activities must comply with
the Zone Standards stated in Section 13.4. The
Council may grant or refuse a resource consent for a discretionary
1. Up to three dwellings per site where a sewer connection is
not available, and where there is a minimum site area of
400 m² per dwelling, subject to compliance with the On-site
Effluent Treatment Regional Plan.
2. Buildings and activities accessory to a discretionary
3. Residential care facilities.
4. Education facilities.
5. Places of assembly.
6. Community and outdoor recreation activities where any
buildings and structures or part of the building being used for the
activity, are more than 100 m² in area.
7. Retail activities.
8. Commercial services.
9. Food selling premises.
10. Visitor accommodation for more than 4 visitors per
11. Temporary activities where the site access is to a State
Highway, and where the written consent of Transit New Zealand has
not be obtained.
12. Signs, as stated in 13.4.6 SG1.
13. Subdivision, as stated in 13.5.2.
14. Activities stated in 3.3.3 Section 3
Landscapes and Habitats.
15. Activities stated in 4.3.3 Section 4
16. Activities stated in 6.3.3 Section 6
Surface of Water Activities.
17. Activities stated in 7.3.3 Section 7
18. Activities stated in 8.3.3 Section 8
19. Activities stated in 9.3.3 Section 9
13.3.4 Non-complying activities
Any activity not specifically stated as a permitted activity,
controlled activity, or discretionary activity, and which does not
comply with the Zone Standards, shall be a non-complying activity
and is allowed only if a resource consent is obtained.
13.4 Zone Standards
These Zone Standards apply to all permitted activities,
controlled activities, and discretionary activities, and will be
used as guidelines for assessing applications for non-complying
13.4.1 SITE REQUIREMENTS
SR1 Site coverage
A maximum of 40% of the site may be covered with buildings.
The maximum height for structures within the zone is 9 m
(refer to Section 9 Network Utilities).
SR3 Daylight protection
No part of any building shall penetrate a daylight recession
plane of 45º from a height of 2.7 m above finished ground
level at any boundary (refer to Section 9 Network
SR4 Minimum site area
The following site areas are exclusive of access.
1. Dwellings: Sewered sites 400 m² per
Unsewered sites 800 m² per dwelling, subject to
2. Other activities 800 m²
YA1 Separation from adjoining properties
All buildings shall be located at least 3 m from an
adjoining property, except that in relation to dwellings and
buildings accessory to dwellings:
(iv) 1. One yard may be reduced to 1.5 m.
(v) 2. Where a garage is incorporated in the dwelling, two yards
may be reduced to 1.5 m.
(vi) 3. Dwellings and accessory buildings may be erected on
(i) That part of the building which encroaches on the yard does
not exceed either 30% of the length of the nearest boundary to the
yard or 10 m, whichever is the smaller; and
(ii) An outside pedestrian access is available to the rear of
the dwelling; and
(iii) The written consent of the owners and occupiers of any
properties adjoining the affected yard is obtained, except for
accessory buildings which are located at least 1.5 m from the
(iv) Vehicle access is possible for septic tank maintenance.
YA2 Building setback from roads
All buildings shall be set back at least 4.5 m from the
LA1 Screening of storage areas
Areas used for storage shall be screened from any public place,
other than service lanes, and from any boundary adjoining a
residential activity site so as to mitigate the effects of the
LA2 Visibility at intersections
To protect sight distances at the intersection of roads, the
area within 6 m of the intersection of two front boundaries,
shall be kept clear of any obstruction over 1 m in height.
This restriction shall not apply to power poles or street
13.4.4 NOISE AND GLARE
All activities on a site shall be designed and conducted so as
to ensure that the following noise limits are not exceeded at any
point within the boundary of any Residential Zone site.
Monday to Friday 7.00 am to 6.00 pm 45 dBA
Saturday 9.00 am to 6.00 pm 45 dBA (L10)
At all other times 35 dBA (L10)
On any day between 10.00 pm and 7.00 am on the
following day 65 dBA (Lmax)
Provided that this Rule shall not apply to normal and reasonable
Except where expressly provided elsewhere in this Plan, noise
shall be measured in accordance with the provisions of NZS
6801:1991 Measurement of Sound, and assessed in accordance with the
provisions of NZS 6802:1991 Assessment of Environmental Sound.
Construction noise in any zone shall not exceed the recommended
limits and shall be measured and assessed in accordance with the
provisions of NZS 6803P:1984 The Measurement and Assessment of
Noise from Construction, Maintenance and Demolition Work.
NG2 Lighting and glare
All exterior security lighting shall be designed, installed, and
maintained so that the light emitted does not overspill site
boundaries, or cause distraction or glare which could affect
traffic safety on adjacent roads.
13.4.5 PARKING AND ACCESS
PA1 Parking and loading
On-site carparking and provision for loading shall be provided
in relation to every activity whether new, reconstructed, extended
or where the activity is changed, as follows:
1. On-site carparking shall be as follows:
1 space per dwelling in addition to parking provided in a garage
1 space per 15 m² of the site used for the activity
1 to 4 people 1 space in addition to the dwelling
Over 4 people 1 space per unit plus 2 for staff
1 space per 20 m² of net site area
Residential care facility:
1 space per 5 beds plus 2 spaces for staff
2 spaces for visitors plus adequate and reasonable provision for
cars and buses to drop off and pick up students and:
Preschool 1 space per staff member
Primary 2 spaces per 3 staff members
Secondary 1 space per 20 students
Tertiary 1 space per 20 students
Places of assembly
1 space per 10 m² total floor area
1 space per 15 m² total floor area
1 space per 20 m² total floor area
Food selling premises
Police stations 1 space per 50 m² gross floor area
Periodic detention One space for every 2 full time equivalent
employees and one space for every 10 detainees.
Probation centres One space for every 2 full time equivalent
employees and one space for every 10 detainees.
2. The dimensions and design standards are set out in
3. Provision shall be made for the loading and unloading of
service vehicles on-site, and at the rear of sites, in such a way
that no footpath or access to adjoining properties is blocked.
4. Parking for disabled persons shall be provided in compliance
with the Disabled Persons Welfare Act 1975 and NZ Standard
specification 4121, or any subsequent legislation. In particular,
one disabled car parking space shall be provided for each group of
50 car parking spaces up to 200 spaces, in a location as close as
practicable to the building.
5. No vehicle access shall be located within 15 m of an
PA2 Access onto state highway
All sites fronting a State Highway shall comply with the vehicle
crossing and intersection requirements stated in Appendix
6 - Site Entrance Diagrams.
1. Signs located on the site of the activity meeting the
following standards shall be permitted activities in this Zone.
(i) A sign with a maximum area of 0.5 m² indicating a home
occupation or visitor accommodation, including name, type of home
occupation or profession, and hours of attendance.
(ii) Temporary signs with an area of less than 1.8 m²,
where the written consent of the landowner has been obtained.
(iii) Official signs, or signs denoting the name of the street,
number of the premises or the location or timetable or other
details of any public utility or facility.
2. Signs visible from a State Highway are permitted activities
where they are:
(i) Official signs.
(ii) Double sided free standing sign for each frontage of the
(iii) Attached to buildings on the site, which do not exceed the
profile of the building where they meet the requirements of this
Please refer to Appendix 6 for provisions for controlling
advertising signs that are visible from State Highways.
3. Signs meeting the following standards are controlled
activities in the Zone:
(i) A sign not exceeding 1.1 m² in area for any public
purposes or in connection with and on the same site as any of the
(ii) Signs not exceeding 1.1 m² erected in connection with
tourist or special information, or denoting places or points of
4. Signs meeting the following standards are discretionary
activities in this Zone:
(i) Signs not meetings the standards specified in 13.4.9(1) or
(ii) Signs visible from a State Highway are discretionary
activities where they are:
(a) Illuminated signs, that are not a permitted activity, and
flashing, animated, trivision, revolving lights or lasers, or
aerial signs situated adjacent to a State Highway
(b) Free standing signs situated within the boundaries of a
State Highway with a speed limit of 50 km/h or less.
(c) Advance warning signs erected on a road.
13.4.7 HAZARDOUS SUBSTANCES
HS1 Spillage containment
The site of any activity which uses, stores or produces
potentially contaminating hazardous substances, shall be designed
so that stormwater run-off or accidental spillage is contained and
disposed of in accordance with Environment Bay of Plenty
13.4.8 FLOOR LEVELS
FL1 Floor levels
The minimum floor level for residential, retail, commercial,
industrial, and public buildings shall be 3.6 metres above Moturiki
Datum. This shall not apply to carports, implement sheds, garden
sheds, garages, or other uninhabited ancillary buildings.
13.4.9 NON-RESIDENTIAL ACTIVITIES
NR1 Location of non-residential activities
Non-residential activities shall be located on front sites.
NR2 Access to non-residential activities
Access to any site shall be sufficient to allow two-way traffic
flow. One point of entry and one exit or one controlled entry/exit
are required. Vehicle crossings shall meet the standards in
13.4.10 ON-SITE EFFLUENT DISPOSAL
OD1 On-site effluent disposal
Provision shall be made on-site for adequate vehicle access to
septic tanks for maintenance purposes.
Sites where sewerage is not available need to comply with the
Regional Council's On-site Effluent Treatment Regional Plan. The
site will be of a sufficient size to mitigate any adverse effects
of on-site effluent disposal within the site.
13.4.11 RETAIL CORE
Standards for the retail core are not applicable in this
The following rules provide for controlled activities and
discretionary activities in relation to subdivision within the
13.5.1 Controlled activities
Where a subdivision is a controlled activity Council may decline
a consent application if the circumstances as set out in Section
106 of the Resource Management Act exist (e.g. material damage to
land caused by erosion, slippages and inundation).
The matters over which Council will reserve control are stated
13.5.2 Discretionary activities
Subdivisions to create lots which do not comply with the
standards specified in Rule 126.96.36.199 and
13.5.3 Subdivision standards
The following are the subdivision standards for the Residential
188.8.131.52 Minimum lot size
The minimum lot size, exclusive of access, shall be:
Sewered area 400 m²
Non-sewered area 800 m²
Non-sewered sites may be smaller than 800 m² where:
i. Zone Standards 13.4.1 SR1, 13.4.2
YA1, 13.4.10 OD1 can be complied with;
ii. On-site investigations are undertaken by a Chartered
Professional Engineer to show that the site, and the proposed
activity on the site, complies with the On-site Effluent Treatment
Regional Plan; and
iii. The investigations undertaken by a Chartered Professional
Engineer conclude that a reduction in lot size will not have any
adverse effects on the environment.
184.108.40.206 Lot dimensions
The minimum frontage for any lot shall be 4 m.
2. Shape Factor:
Each lot must be capable of containing a 17.5 m diameter
The maximum number of lots that may be served by an access strip
is 6. Thereafter, a legal road will be required.
Minimum width: 3 m for 1 lot
4 m for 2 lots
6 m for 3-6 lots
220.127.116.11 Boundary adjustment
The subdivision standards for the Zone will not apply to a
subdivision for the adjustment or relocation of boundaries provided
no new additional new allotments are created, and the subdivision
iii. The adjustment or relocation of boundaries which will leave
the allotments with similar areas to that existing prior to
iv. The adjustment or relocation of boundaries is more suitable
for activities provided by the Zone, where it does not increase the
degree of non-conformity of any existing lot or lots.
18.104.22.168 Lots for public utilities, public works, reserves and
public open space
The minimum standards for the Zone shall not apply where lots
are created for the following purposes:
22.214.171.124 General subdivision requirements
In addition to Rule 13.5 the general rules for
all subdivision specified in Section 10 shall be
13.6 Other Methods
13.6.1 Other methods for achieving the objectives and policies
of this section are:
13.7.1 The reasons for the foregoing objectives, policies and
methods are stated below.
13.7.2 The main purpose of the Residential Zone is to maintain
coherent and pleasant living environments. This is reinforced by
the policies and rules of the zone. These values include generous
open space through building setbacks from roads and internal
boundaries, low density of buildings, protection of access to
daylight and sunlight, and low scale of buildings. The
environmental outcomes of the zone include the attainment of a
pattern of density and development which reflects the character and
amenity values of the local environment and enables the provision
of choices in living environments.
13.7.3 Residential areas have less capacity to absorb a wide
range of non-residential activities due to the expected quiet
environment and low scale built environment. Therefore, the range
of non-residential activities is limited to those which can meet
the same standards as residential activities and can be located on
busier roads or fringe areas. The rules ensure that minimum
standards are established for the zone.
13.7.4 The Zone Standards have been developed to avoid potential
adverse effects such as unacceptable noise, increasing traffic,
obtrusive buildings out of scale with the local area, and lack of
adequate separation distances. In addition, new residential areas
need to be managed to ensure that there are adequate utility
services and recreation facilities. Where on-site effluent
treatment is necessary the requirements of the On-Site Effluent
Treatment Regional Plan, which is administered by Environment Bay
of Plenty, must be met.
13.8 Anticipated Environmental Outcomes
13.8.1 Environmental outcomes anticipated from the
implementation of the objectives and policies of this section
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