CHAPTER 17: Zone Rules

Residential Zone Rules

Scope of Section

Land Use

Permitted Activities (Land Use - General)
Permitted Activities (Home Occupations)
Controlled Activities (Papakainga Development)
Restricted Discretionary Activities (Home Occupations)
Restricted Discretionary Activities (Community Activities)
Discretionary Activities (Land Use)

The home occupation takes place from Monday to Saturday between 8:00 am and 6:00 pm, unless:. i) the activity takes place entirely within a building; ii) the activity is carried out exclusively by a person or persons permanently resident on the site; iii) there are no visitors, customers or deliveries outside the above hours. f) Home occupation does not take place on Sundays and public holidays. G). An exception to conditions (e), (f) and (g) applies to a home occupation that is a visitor's residence. j) The residential occupation is not carried out on a site located on a cul-de-sac, with shared access or on a private road, except where: i) the activity is carried out exclusively by a person or persons permanently resident at the location; ii) there are no visitors, customers or deliveries on the site. k) No more than one full-time equivalent person, residing elsewhere than on the site, is employed in any activity on the site.

Building Construction or Alteration

Permitted Activities (Building Construction or Alteration — Standard Density Development)
Controlled Activities (Building Construction — Standard Density Development)
Controlled Activities (Building Construction or Alteration — Compact Density Development)
Restricted Discretionary Activities (Building Construction or Alteration — Standard Density
A Restricted Discretionary Activities (Building Construction or Alteration — Comprehensive
B Restricted Discretionary Activities (Building Construction or Alteration – Specified Locations
C Restricted Discretionary Activities (Building Construction or Alteration — Specified Location
D Discretionary Activities (Building Construction or Alteration – Specified Location: Richmond
E Discretionary Activities (Building Construction or Alteration – Specified Location: Wakefield)
Non-complying Activities (Building Construction or Alteration)

The effect of the location of the building in the setback of the indicative road or reserve. To what extent the proposed construction will not adversely affect the character of the local environment, including the scale of other buildings in the surrounding area.

Principal Reasons for Rules

As a discretionary activity, the visual effects of the garage location may be considered. The residential zone is part of the Richmond South, Richmond West, Brightwater, Wakefield, Motueka West and Mapua development areas.

Daylight Admission Angles

Daylight Around Angle

Permitted Height outside Daylight Around Angle

Waimea Village Residential Development

Permitted Activity Conditions – Champion Road Site (24 Champion Road)

Central Business, Commercial and Tourist Services Zone Rules

Scope of Section
Land Use - Central Business and Commercial Zones

Permitted Activities (Land Use – Central Business and Commercial Zones)
A Restricted Discretionary Activities (Land Use – Site Specific Activity: Richmond North
Discretionary Activities (Land Use – Central Business and Commercial Zones)

Land Use - Tourist Services Zone

Permitted Activities (Land Use – Tourist Services Zone)
Restricted Discretionary Activities (Land Use – Tourist Services Zone, Salisbury Road –
Discretionary Activities (Land Use – Tourist Services Zone)

Building Construction or Alteration

Permitted Activities (Building Construction or Alteration)
A Controlled Activities (Building Construction or Alteration – Site Specific Activity: Three
B Controlled Activities (Building Construction or Alteration – Site Specific Activity: Richmond
Restricted Discretionary Activities (Building Construction or Alteration)

Principal Reasons for Rules

Vehicle access also includes considerations for the design of vehicle crossings, including the area of the road reserve immediately up to the access. Its character is low-key tourist development that can respond to the dynamic nature of the place.

Three Brothers Corner Commercial Zone

In the Three Brothers Corner Commercial Zone there must be a current Noise Management Plan at all times. The construction or alteration of a building within the Three Brothers Corner Commercial Zone is a controlled activity, if it meets the following conditions:.

Richmond North Commercial Zone

Mixed Business Zone Rules

Scope of Section
Land Use

Permitted Activities (Land Use)
Controlled Activities (Land Use)
Restricted Discretionary Activities (Land Use)
Non-Complying Activities (Land Use)

Controlled Activities (Building Construction or Alteration)
Discretionary Activities (Building Construction or Alteration)
Non-Complying Activities (Building Construction or Alteration)

A non-retail activity, or a retail activity where less than 70 percent of the Gross Lettable Floor Area or area is dedicated to retail sales, along the Retail Frontage shown on the planning maps. f). Permission can be refused or conditions imposed, only in respect of the following matters to which the Council has limited its discretion:. Permission may be refused or conditions imposed, only in respect of the following matter to which the Council has limited its discretion:.

In the Richmond West development area:. (a) the extent to which buildings comply with the safe distance requirements of the New Zealand Electrical Code of Practice for Safe Distances (NZECP 34:2001); Operative article 17.3 – Rules for mixed business zones December 19 Discretionary activities (construction or renovation). character of the area and connection with the scale of adjacent buildings. The potential for the development to detract from the amenity and enjoyment of adjacent reserves or rivers in terms of impacts such as noise, glare, dust, odor and vibration.

The primary focus of the Mixed Business Zone is for business or commercial activities, although provision is also made for community and recreational activities within the zone.

Industrial Zone Rules

Scope of Section
Land Use

Controlled Activities (Building Construction or Alteration - Light Industrial Zone at Brightwater
A Restricted Discretionary Activities (Building Construction or Alteration - Specified Sites in

The Noise Management Plan must specify the following:. ii) the noise rules in this Plan that apply to the site;. iii) the approach to compliance monitoring;. v) the best practical option methods for noise mitigation for site areas, activities and/or processes;. vii) any site layout provisions relating to noise mitigation;. viii) policy on new plant/equipment;. This condition does not apply in the Light Industrial Zone location at Beach Road as indicated on the planning maps. The building is not on any of the Specified Sites in the Light Industrial Zone at Brightwater (as shown on the planning maps).

Item (b) should be deleted as part of Plan Amendment 73. b) The activity is not the construction or alteration of any building within or 10 meters of any indicative road or indicative reserve in the Richmond West Development Area and the Richmond South Development Area shown on the planning maps. In the Richmond West Development Area (except in the Light Industrial Zone location at Beach Road as shown on the planning maps), a minimum setback of 2.5 meters at intervals of not more than 25 meters is required along any wall abutting a road , a reserve, or Open Space or Residential zone, except that on Part Division 108 Waimea East District (Appleby Highway) adjoining the Residential boundary, the interval is not greater than 15 metres. f) The building is not a dwelling. g) Goods service docks, open workplaces and openable workplaces do not face a residential zone, open space zone, public place or public facility located on an adjacent site. h). For the area of the Light Industrial Zone in Brightwater contained within Part Division 2, Waimea South District, being the land contained in Record of Title 65/68 12C/239 or on those parts of Lots 4 and 5 DP 18856 (Spencer Place, Brightwater ) , any construction or alteration of a building is a controlled activity, if it meets the following conditions:. a) The maximum height of a building is 8 metres; and (b) The building cover is not extended on the site.

Effects of siting the building within the road setback or indicative reserve.

Rural 1 Zone Rules

Scope of Section
Land Use

Controlled Activities (Land Use) — Site Specific Activity (Hope Depot)
Restricted Discretionary Activities (Land Use – Frost Protection Devices)
Restricted Discretionary Activities (Papakainga Development)
A Discretionary Activities (Cooperative Living)
B Restricted Discretionary Activities (Intensive Livestock Farming — Poultry Farming)

Building Construction, Alteration, or Use

Permitted Activities (Building Construction, Alteration, or Use)
Controlled Activities (Building Construction, Alteration, or Use)
Restricted Discretionary Activities (Building Construction, Alteration, or Use)
A Discretionary Activities (Building Construction, Alteration or Use)
Permitted Activities (Plantation Forests, Horticultural Plantings, Spray Belts and Shelter
Restricted Discretionary Activities (Plantation Forests, Horticultural Plantings, Spray Belts

Destruction or Removal of Indigenous Vegetation and Forest

Permitted Activities (Destruction or Removal of Indigenous Vegetation) [17.4.9A Proposed]
Discretionary Activities (Destruction or Removal of Indigenous Vegetation)
Permitted Activities (Destruction or Removal of Indigenous Forest) [17.4.10 Proposed]
Controlled Activities (Destruction or Removal of Indigenous Forest)
Restricted Discretionary Activities (Destruction or Removal of Indigenous Forest)

Consent may be refused or subject to conditions only in respect of the following matters to which the Council has limited its discretion:. Consent may be refused or subject to conditions only in respect of the following matters to which the Council has limited its discretion:. a) ability to mitigate offensive odors. NOTE: Rule 17.5.4.1 is subject to the rules of the National Environmental Standards Plantation Forests 2017 (NES-PF).

Operational Section 17.5 – Regulations for Rural District 1 Zone 15 June Limited discretionary activities (plantation forests, horticultural plantings, spray belts and buffer belts). ii) 20 meters from any of the buildings or grounds specified in (i) of this condition where a spray band is established along the common boundary of the horticultural plantings and the buildings or grounds. NOTE: Rule 17.5.5.1 is subject to the rules of the National Environmental Standards Plantation Forests 2017 (NES-PF). NOTE: Rule 17.5.5.3 is subject to the rules in the National Environmental Standards Plantation Forests 2017 (NES-PF).

A setback of 50 meters from residential zone boundaries is required due to potentially greater risks in areas with higher building density.

Activities on Network Tasman Ltd Site at Main Road, Hope

Rural 2 Zone Rules

Scope of Section
Land Use

Controlled Activities (Land Use - Site Specific Activity: Ngarua Caves)
Restricted Discretionary Activities (Land Use – Frost Protection Devices)
B Restricted Discretionary Activities (Intensive Livestock Farming — Poultry Farming)

Controlled Activities (Building Construction, Alteration, or Use – Site Specific Development
Discretionary Activities (Building Construction, Alteration or Use)

Plantation Forests, Horticultural Plantings, and Spray and

Restricted Discretionary Activities (Plantation Forests, Horticultural Plantings, and Spray and

NOTE: Rule 17.6.2.1 is subject to the regulations of the National Environmental Standards Plantation Forest 2017 (NES-PF). Any building located on a hill whose ridge line is identified on the planning maps is not higher than the level of the ridge line. j). NOTE: Rule 17.6.4.1 is subject to the regulations of the National Environmental Standards Plantation Forest 2017 (NES-PF).

NOTE: Rule 17.6.5.1 is subject to the requirements of the National Environmental Standards Plantation Forests 2017 (NES-PF). NOTE: Rule 17.6.5.3 is subject to the requirements of the National Environmental Standards Plantation Forests 2017 (NES-PF). Other activities, such as industry, also have an actual or potential negative impact on land production values.

Rules are included to mitigate the negative effects of land fragmentation on the country's production values.

Controlled Activities – Ngarua Cave Site

Rural 3 Zone Rules

Scope of Section
Land Use

A Restricted Discretionary Activities (Intensive Livestock Farming — Poultry Farming)

Plantation Forests, Horticultural Plantings, Spray Belts and

Restricted Discretionary Activities (Plantation Forests, Horticultural Plantings, and Spray and

Permitted Activities (Destruction or Removal of Indigenous Vegetation)
Permitted Activities (Destruction or Removal of Indigenous Forest)

NOTE: Rule 17.7.2.1 is subject to the National Environmental Standards Plantation Forests 2017 (NES-PF) regulations. Any poultry body part and poultry offal processing and composting activity for or in connection with intensive animal husbandry, which is poultry farming, shall be located at least 170 meters from any site boundary. Any barn, shed or roofed enclosure housing poultry on an intensive livestock farm that is a poultry farm is set back at least 100 meters from any site boundary. h) Buildings are located at least 100 meters from a viewpoint shown on the planning maps. i).

NOTE: Rule 17.7.4.1 is subject to the rules of the National Environmental Standards Plantation Forests 2017 (NES-PF). NOTE: Rule 17.7.5.1 is subject to the rules of the National Environmental Standards Plantation Forests 2017 (NES-PF). NOTE: Rule 17.7.5.3 is governed by the National Environmental Standards Plantation Forests 2017 (NES-PF).

These aspects are assessed mainly through the subdivision process, but part of the assessment includes the effects of developed countries.

Rural Residential Zone Rules

Scope of Section
Land Use

A Controlled Activities (Building Construction, Alteration, or Use)
Non-Complying Activities (Building Construction, Alteration, or Use)

Any frost protection device is only used when the air temperature at the lowest level of the frost-sensitive part of the crop has dropped to 2 degrees Celsius, and stops working when the air temperature at that height has risen to 3 degrees Celsius; except that the device can be used for maintenance purposes between 08:00 and 18:00. a. Any new residential activity located within 300 meters of any frost protection device likely to exceed the noise limit in condition (l) of this rule is located, oriented and constructed to ensure that bedrooms and living areas achieve an indoor design. sound level of 30 dBA Leq and 45 dBA Lmax of any noise allowed in the zone outside the assumed boundary of the building or dwelling. When considering the applications and determining conditions, the Council will take into account any provisions of the Plan or Act.

This condition does not apply where the road or reserve to be established by the indicative road or indicative reserve is shown on the land transfer plan and the Council has issued a s224 certificate under section 224 of the Resource Management Act 1991 for the subdivision concerned; unless a certificate is terminated under section 224 of the Resource Management Plan, this rule applies. Any building that is part or all of a rural outlet is set back at least 30 meters from the road boundary. j) Buildings are set back from the top of the identified reef line in Ruby Bay behind a slope that projects at an angle of 45 degrees from the tip of the reef and extends beyond the tip for at least half the vertical height of the reef. k) The total area of all buildings on the site, excluding greenhouses, does not exceed 20 percent of the net area of the site or 600 square meters per site, whichever is less. l) Buildings in areas adjacent to a residential zone shall not project beyond the building envelope constructed with daylight entry lines commencing at points 2.5 meters above the ground from all boundaries adjacent to the residential zone. Note: In the Richmond East Development Area, the transmission line owner/operator is likely to be the only affected person to be determined under section 95B of the Resource Management Act.

NOTE: Rule 17.8.5.1 is governed by the National Environmental Standards Plantation Forests 2017 (NES-PF).

Open Space Zone Rules

Scope of Section
Land Use

Recreation Zone Rules

Scope of Section
Land Use

Conservation Zone Rules

Scope of Section
Land Use

Rural Industrial Zone Rules

Scope of Section
Land Use

A Restricted Discretionary Activity (Building Construction or Alteration – Specified Sites at

Dwelling for On-Site Caretaker

Discretionary Activities (Dwelling for On-site Caretaker)

Papakainga Zone Rules

Scope of Section
Land Use

Deferred Zone Rules

Scope of Section
Procedure for Removal of Deferral

Deferred Zone Locations