14. Mixed Activity Zone
14.1 Zone Introduction
14.1.1 The Mixed Activity Zone is characterised by a mixture of residential and commercial activities. The majority of the Mixed Activity Zone borders portions of the main arterial routes of State Highway 2 and State Highway 35. The location enables a focus of activity along major arterial routes so that amenity values elsewhere are protected. The purpose of the Zone is to enable flexibility for the future use of the land adjoining major roads. Activities within the Zone are intended to be managed so that any potential adverse effects on adjoining residential activities will be avoided, remedied, or mitigated.
14.1.2 As the main arterial routes through the town are located in the Mixed Activity Zone, the safety and efficiency of the transportation network is important. Adequate on-site manoeuvrability and on-site parking are essential. The safety and efficiency of road users and pedestrians is paramount. Most of the non-residential activities located within the Zone have a high visitation of vehicles resulting in a high number of vehicle movements in the area.
14.1.3 As the Zone borders mainly residential areas the effects of activities within the Zone need to be managed so that the quality of the neighbouring residential areas is maintained. The effects of activities within the Zone also need to be managed so that the character of the Zone is maintained. Screening of service courts, carefully placed signage, and the management of lightspill effects, will assist in ensuring that the quality of adjoining environments will not be compromised.
14.1.4 Characteristics that contribute to the character of the zone are:
14.2 Resource Management Strategy
14.2.1 Resource management issues
1. The location of activities adjoining main arterials routes can adversely affect the safety and efficiency of the network.
2. The location of non-residential activities that need to adjoin main arterial routes for ease of access need to do so in a manner that will mitigate adverse effects on neighbouring residential activities.
3. Activities with a high degree of vehicle visitation need to be located in areas that will not depreciate or disrupt adjoining activities.
4. Non-residential activities have the potential to depreciate the amenity values on adjoining residential activities through such adverse effects as higher noise levels, generation of dust, grit, and odour effects, lightspill and glare, and congestion of transport networks.
5. The need to screen storage and service areas, particularly where rubbish awaiting collection is stored, as it can depreciate the amenity values of adjoining properties.
6. Maintenance of the amenity values of residential properties within the Zone, and properties in the adjoining Residential Zone.
7. The location of heavy industrial activities and their potential adverse effects could depreciate the character of the Zone, and adjoining properties.
8. Areas within the Zone are susceptible to the effects of flooding, with some activities adjoining the Duke Street ponding area.
9. Signs can affect the visual environment, and can accentuate roadside clutter. Signs can adversely affect safety and can obstruct clear visibility of traffic signs.
14.2.2 Objectives and policies
Objective 1. Manage the combination of residential and non-residential activities where the adverse effects of activities are avoided, remedied or mitigated, and the amenity values of residential activities are preserved.
Policies 1.1 Sites within the Mixed Activity Zone maintained at a level that will not detract from the character of the Zone, by ensuring that all service and storage areas are screened from public view.
1.2 Avoid, remedy, or mitigate the adverse effects of heavy industrial activities upon other activities within the Mixed Activity Zone.
1.3 Manage the effects of activities within the Zone where the activity uses, stores, or disposes of hazardous substances.
1.4 Manage the potential effects of activities on ponding areas so that their effects on the capacity of the ponding areas is minimal.
1.5 Manage activities on flood prone areas so that the effects of natural hazards can be mitigated through the use of protection measures such as stopbanks and minimum floor levels or design.
Objective 2. Provide an opportunity for a mixture of residential and commercial activities within the Zone.
Policies 2.1 Enable a mixture of activities to locate within the Zone, that do not adversely affect activities established within the Zone and neighbouring zones.
Objective 3. A Mixed Activity Zone where vehicle movement is undertaken in a safe and efficient manner that does not adversely affect the functioning of roads and State Highways within the Zone.
Policies 3.1 Control the location of activities which may adversely affect the safe and efficient traffic flow on State highways.
3.2 Ensure that on-site parking, manoeuvring, loading and access areas, and service lanes are provided for in a safe and efficient manner for vehicles and pedestrians on, and adjacent to, the site.
3.3 Manage activities that front onto State Highways to recognise that the highways are the entrances into the Opotiki township, and to use landscaping and building setbacks to provide attractive entrance ways into the town.
14.2.3 Methods of implementation
The objectives and policies of this section will be implemented by the following methods:
1. Rules
2. Other methods
14.3 Rules
The following rules provide for permitted activities, controlled activities, discretionary activities, and non-complying activities within the Mixed Activity Zone.
14.3.1 PERMITTED ACTIVITIES
Subject to compliance with the Zone Standards in Section 14.4, the following activities may be established in the Mixed Activity Zone, without a resource consent.
1. One dwelling per site.
2. Buildings and activities accessory to a permitted activity.
3. Maintenance work carried out by the 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.
7. Visitor accommodation for 1 to 4 visitors per night.
8. Signs, as stated in 14.4.6 SG1 .
9. Activities stated in 3.3.1 Section 3 Landscapes and Habitats.
10. Activities stated in 4.3.1 Section 4 Heritage.
11. Activities stated in 6.3.1 Section 6 Surface of Water Activities.
12. Activities stated in 7.3.1 Section 7 Natural Hazards.
13. Activities stated in 8.3.1 Section 8 Hazardous Substances.
14. Activities stated in 9.3.1 Section 9 Network Utilities.
15. Temporary military training exercises.
16. 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.
17. Commercial activities.
18. Removal of residential dwellings that comply with the Building Act 2004 requirements, and Council's engineering standards.
19. 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).
14.3.2 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 14.4.
1. Up to 3 dwellings, where there is a minimum site area of 400 m² per dwelling.
2. Buildings and activities accessory to a controlled activity.
3. Home occupations.
4. Visitor accommodation for more than 4 people per night, within buildings provided for in the Zone.
5. Retail activities accessory to a controlled activity where the total floor area related to retailing is the lesser of either 100 m² or 20% of the total floor area.
6. Tradesmen's depots.
7. Food selling premises.
8. Places of assembly.
9. Temporary activities not listed as a permitted activity, provided that where the site access is from a State Highway, the written comments of Transit New Zealand will be required, and will need to be submitted as part of any application lodged.
10. Signs, as stated in 14.4.6 SG1.
11. Subdivision, as stated in 14.5.1.
12. Activities stated in 3.3.2 Section 3 Landscapes and Habitats.
13. Activities stated in 4.3.2 Section 4 Heritage.
14. Activities stated in 6.3.2 Section 6 Surface of Water Activities.
15. Activities stated in 7.3.2 Section 7 Natural Hazards.
16. Activities stated in 8.3.2 Section 8 Hazardous Substances.
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 can be met.
18. Relocation of a building or dwelling that either:
a) Does not comply with the specified time period for reinstatement work as stated in rule 14.3.1.21(iii); or
b) Does not comply with the age restriction stated in rule 14.3.1.21(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 structural integrity.
The Council has reserved control over the following matters.
14.3.2.1 Design and appearance
i. The design and appearance of the activity and how it relates to the amenity values of the Zone and surrounding areas, including as relevant height, bulk, colour, materials, and proposed landscaping treatment.
ii. The visual effect of the activity in relation to its location, site boundaries, and topography.
iii. 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.
iv. 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.
v. The location and appearance of signage associated with the activity.
14.3.2.2 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.
ii. Any measures to be implemented to mitigate the effects from the activity, such as visual effects, odour, noise, and lightspill.
14.3.2.3 Vehicle access and manoeuvrability
i. The design and location of vehicular access, on-site manoeuvrability, and whether vehicles can leave and enter the site safely.
ii. The effect of the activity on the safety and efficiency of the State Highway network.
iii. The need for carparking, service lanes, and loading and unloading activities associated with the activity.
14.3.2.4 Historical, archaeological and cultural resources
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 Maori.
iii. The effects of the activity on heritage and conservation values, both on the site and on adjoining sites.
14.3.2.5 Natural hazards
i. The extent to which the activity may accentuate the adverse effects of natural hazards.
ii. The susceptibility of the site to natural hazards and the measures implemented to mitigate the effects of natural hazards.
iii. The effects of the activity on the Duke Street ponding areas.
14.3.2.6 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 above.
14.3.3 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 14.4. The Council may grant or refuse a resource consent for a discretionary activity.
1. Buildings and activities accessory to discretionary activities.
2. Service industry.
3. Residential care facilities.
4. Education facilities.
5. Vehicle and machinery sales.
6. Temporary activities where the site access is to a State Highway, and where the written consent of Transit New Zealand has not been obtained.
7. Signs, as stated in 14.4.6 SG1.
8. Subdivision, as stated in 14.5.2
9. Activities stated in 3.3.3 Section 3 Landscape and Habitats.
10. Activities stated in 4.3.3 Section 4 Heritage.
11. Activities stated in 6.3.3 Section 6 Surface of Water Activities.
12. Activities stated in 7.3.3 Section 7 Natural Hazards.
13. Activities stated in 8.3.3 Section 8 Hazardous Substances.
14. Activities stated in 9.3.3 Section 9 Network Utilities.
15. Service stations.
14.3.4 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.
Section 2.7.1 refers to additional information required for resource consent applications for activities within the Mixed Activity Zone.
14.4 Zone Standards
These Zone Standards apply to all permitted activities, controlled activities, and discretionary activities and will be used as guidelines when assessing applications for non-complying activities.
14.4.1 SITE REQUIREMENTS
SR1 Site coverage
A maximum of 60% of the site may be covered with buildings.
SR2 Height
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 Utilities).
SR4 Minimum site area
The following site areas are exclusive of access.
1. Dwellings: 400 m²
2. Other activities: 800 m²
14.4.2 YARDS
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:
1. One yard may be reduced to 1.5 m.
2. Where a garage is incorporated in the dwelling, two yards may be reduced to 1.5 m.
3. Dwellings and accessory buildings may be erected on yards where:
(i) That part of the building which encroaches on the yard does not exceed either 30% of the length of the boundary parallel to the yard or 10 m, whichever is the smaller; and
(ii) 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 1.5m from the boundary.
YA2 Building setbacks from roads
1. All buildings shall be set back at least 9 m from the road boundary where the road is a State Highway.
2. On all other roads the building setback shall be 4.5 m.
14.4.3 LANDSCAPING
LA1 Screening storage areas
Areas used for storage shall be screened from a public place, other than service lanes, and from adjoining residential activity sites in the Residential Zone so as to mitigate the effects of storage activities.
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 1m in height. This restriction shall not apply to power poles or street lights.
LA3 Screening and landscaping adjoining State Highways
Any non-residential activity that fronts onto State Highway 2 or State Highway 35 shall undertake landscaping along the frontage of the site boundary that adjoins the highway.
14.4.4 NOISE AND GLARE
NG1 Noise
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 Mixed Activity Zone site:
Monday to Friday 7.00 am to 10.00 pm 50 dBA (L10)
Saturday 8.00 am to 8.00 pm 50 dBA (L10)
At all other times including Sundays and Public Holidays 40 dBA (L10)
On any day between 10.00 pm and 7.00 am on the following day 65 dBA (Lmax)
Provided that the noise level as measured within the boundary of any adjacent Residential Zone site shall not exceed the following limits:
Monday to Friday 7.00 am to 10.00 pm 55 dBA (L10)
Saturday 9.00 am to 6.00 pm 55 dBA (L10)
On any day between 10.00 pm and 7.00 am on the following day 70 dBA (Lmax)
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 and floodlighting shall be designed, installed, and maintained so that light emitted does not overspill site boundaries on the adjoining Residential Zone, or cause distraction or glare which could affect traffic safety on adjacent roads.
14.4.5 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:
Residential dwellings
1 space per dwelling in addition to parking provided in a garage or carport
Residential care facility
1 space per 5 beds plus 2 spaces for staff
Places of assembly:
1 space per 5 persons accommodated
Visitor accommodation:
1 to 4 people 1 space per unit
Over 4 people 1 space per unit plus 2 for staff
Education facilities:
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
Commercial Services
1 space per 40 m² total floor area
Accessory retail activities
1 space per 20 m² total floor area
Food selling premises
Service industries
1 space per 50 m² total floor area
Tradesmen's depots
Vehicle and machinery sales
1 space per 50 m² of display area
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 Appendix 5.
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 pedestrian entrance to the building.
5. No vehicle access shall be located within 15 m of an intersection.
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.
14.4.6 SIGNS
SG1 Signs
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 a 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 site.
(iii) Attached to buildings on the site, which do not exceed the profile of the building where they meet the requirements of this Plan.
Please refer to Appendix 8 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 following activities.
(ii) Signs not exceeding 1.1 m² erected in connection with tourist or special information, or denoting places or points of special interest.
4. Signs meeting the following standards are discretionary activities in this Zone.
(i) Signs not meeting the standards specified in 14.4.6(1) or 14.4.6(2).
(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.
14.4.7 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 standards.
14.4.8 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.
14.4.9 NON-RESIDENTIAL ACTIVITIES
NR1 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 combined entry/exit are required. Vehicle crossings shall meet the standards in Appendix 6.
14.5 Subdivision
The following rules provide for controlled activities and discretionary activities in relation to subdivision within the Mixed Activity Zone.
14.5.1 Controlled activities
The following are controlled activities:
1. Subdivisions which create lots suitable for permitted or controlled activities and which comply with the standards specified in Rules 14.5.3.1, 14.5.3.2, and 14.5.3.5.
2. Subdivisions complying with the boundary adjustment requirements specified in Rule 14.5.3.3.
3. Subdivisions which create lots for public utilities, public works, reserves and open space complying with Rule 14.5.3.4.
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 in 10.3.2.
14.5.2 Discretionary activities
1. Subdivisions to create lots which do not comply with the standards specified in Rules 14.5.3.1 and 14.5.3.1
2. Rear sites for non-residential purposes.
14.5.3 Subdivision Standards
The following are the subdivision standards for the Mixed Activity Zone.
14.5.3.1 Minimum lot size
The minimum lot size, exclusive of access, shall be:
Residential activities 400 m²
Non-residential activities 800 m²
Provided that:
Non-sewered sites may be smaller than 800 m² where:
(i) Zone standards 14.4.1 SR1 and 14.4.2 YA1 can be complied with; and
(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 effect on the environment.
14.5.3.2 Lot dimensions
The lot dimensions below are for residential lots.
1. Frontage
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 circle.
3. Access
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
4m for 2 lots
6m for 3-6 lots
14.5.3.3 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 provides for:
v. The adjustment or relocation of boundaries which will leave the allotments with similar areas to that existing prior to subdivision; or
vi. 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.
14.5.3.4 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:
1. Where land is required by a network utility operator.
2. Where land is required for a public work.
3. Where land is to be set aside or vested as a reserve.
4. Where land is to become a reserve vested in the Council.
14.5.3.5 General subdivision requirements
In addition to Rule 14.5 the general rules for all subdivision specified in Section 10 shall be met.
14.6 Other Methods
14.6.1 Other methods for achieving the objectives and policies of this section are:
1. Retailers and residents road beautification programmes through the use of landscaping and tree planting.
2. Investigate the need for a heavy traffic by-pass.
3. To develop those public open spaces and reserves administered by Council within, and adjoining, the Mixed Activity Zone to ensure that the parks and reserves complement the character of the Zone.
4. The use of Council's capital works programmes for street paving and street kerbing and channelling.
14.7 Explanation
14.7.1 The reasons for the foregoing objectives, policies, and methods are stated below.
14.7.2 The Opotiki urban area is crossed by State Highways linking through to East Cape and Gisborne. Increasing traffic volumes has an adverse effect on the amenity values of land fronting onto Bridge Street and St John Street. This has led to a change in the types of activities seeking to locate in this area, with more non-residential activities locating here. The effects of some of these activities can have the potential to conflict with the safety and efficiency of the State Highways.
14.7.3 To date the location of activities in the Mixed Activity Zone has been ad hoc and disjointed. The creation of the Mixed Activity Zone recognises the need for consolidation and control of activities within the Zone. The policies of this section seek to ensure that development that occurs within the zone is planned and coherent. The policies and rules of the plan ensure that the quality of the Mixed Activity Zone environment and the adjoining Residential Zone environment are maintained. The zone standards ensure that compliance with these standards will manage the potential adverse effects of activities.
14.7.4 It is not the purpose of the Zone to draw commercial activity away from the Town Centre Zone, but to provide for the qualities and characteristics that are particular to portions of Bridge Street and St John Street. Often the activities located within the Mixed Activity Zone are not activities that would locate in the Town Centre, these include larger scale vehicle oriented activities with on-site parking, and also include light industrial activities.
14.7.5 The objectives, policies, and rules of the Zone will ensure that the Mixed Activity Zone continues to cater for a mixture of residential and non-residential activity where the quality of the Zone and the surrounding environment is maintained and enhanced.
14.8 Anticipated Environmental Outcomes
14.8.1 The environmental outcomes anticipated from the implementation of the objectives and policies of this section are:
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