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
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
3. Activities with a high degree of vehicle visitation need to
be located in areas that will not depreciate or disrupt adjoining
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
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
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
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
1.2 Avoid, remedy, or mitigate the adverse effects of heavy
industrial activities upon other activities within the Mixed
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
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
Policies 3.1 Control the location of activities which may
adversely affect the safe and efficient traffic flow on State
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
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:
2. Other methods
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
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
10. Activities stated in 4.3.1 Section 4 Heritage.
11. Activities stated in 6.3.1 Section 6 Surface of Water
12. Activities stated in 7.3.1 Section 7 Natural Hazards.
13. Activities stated in 8.3.1 Section 8 Hazardous
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
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
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
14. Activities stated in 6.3.2 Section 6
Surface of Water Activities.
15. Activities stated in 7.3.2 Section 7
16. Activities stated in 8.3.2 Section 8
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 184.108.40.206(iii); or
b) Does not comply with the age restriction stated in rule
220.127.116.11(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.
18.104.22.168 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
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
22.214.171.124 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
ii. Any measures to be implemented to mitigate the effects from
the activity, such as visual effects, odour, noise, and
126.96.36.199 Vehicle access and manoeuvrability
i. The design and location of vehicular access, on-site
manoeuvrability, and whether vehicles can leave and enter the site
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.
188.8.131.52 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.
184.108.40.206 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
iii. The effects of the activity on the Duke Street ponding
220.127.116.11 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
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
1. Buildings and activities accessory to discretionary
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
10. Activities stated in 4.3.3 Section 4 Heritage.
11. Activities stated in 6.3.3 Section 6 Surface of Water
12. Activities stated in 7.3.3 Section 7 Natural Hazards.
13. Activities stated in 8.3.3 Section 8 Hazardous
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
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
14.4.1 SITE REQUIREMENTS
SR1 Site coverage
A maximum of 60% 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: 400 m²
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:
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
(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;
(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
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
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
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
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
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
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
Monday to Friday 7.00 am to 10.00 pm 55 dBA
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
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:
1 space per dwelling in addition to parking provided in a garage
Residential care facility
1 space per 5 beds plus 2 spaces for staff
Places of assembly:
1 space per 5 persons accommodated
1 to 4 people 1 space per unit
Over 4 people 1 space per unit plus 2 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
1 space per 40 m² total floor area
Accessory retail activities
1 space per 20 m² total floor area
Food selling premises
1 space per 50 m² total floor area
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
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
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 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
(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 8 for provisions for
controlling advertising signs that are visible from State
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 meeting the standards specified in 14.4.6(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.
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
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
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 18.104.22.168, 22.214.171.124, and 126.96.36.199.
2. Subdivisions complying with the boundary adjustment
requirements specified in Rule 188.8.131.52.
3. Subdivisions which create lots for public utilities, public
works, reserves and open space complying with Rule
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
14.5.2 Discretionary activities
1. Subdivisions to create lots which do not comply with the
standards specified in Rules 184.108.40.206 and
2. Rear sites for non-residential purposes.
14.5.3 Subdivision Standards
The following are the subdivision standards for the Mixed
220.127.116.11 Minimum lot size
The minimum lot size, exclusive of access, shall be:
Residential activities 400 m²
Non-residential activities 800 m²
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.
18.104.22.168 Lot dimensions
The lot dimensions below are for residential lots.
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
4m for 2 lots
6m for 3-6 lots
22.214.171.124 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
v. The adjustment or relocation of boundaries which will leave
the allotments with similar areas to that existing prior to
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.
126.96.36.199 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.
188.8.131.52 General subdivision requirements
In addition to Rule 14.5 the general rules for
all subdivision specified in Section 10 shall be
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
4. The use of Council's capital works programmes for street
paving and street kerbing and channelling.
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
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
14.8 Anticipated Environmental Outcomes
14.8.1 The environmental outcomes anticipated from the
implementation of the objectives and policies of this section
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