Zoning is about the types of activities that you can carry out in a particular area. Each zone has a detailed list of activities provided for within that zone (permitted activities as well as activities requiring Resource Consent). It also identifies the standards those uses must meet to ensure that the area's environmental and amenity standards (e.g. noise levels) are protected.
Frequently Asked Questions
What are the new rules in Ōmokoroa and Te Puke
In Ōmokoroa and Te Puke, the new Medium Density Residential Standards (MDRS) now apply. For more information please see our projects page and the info sheet.
Please contact our Customer Service Planner for more information at 0800 926 732.
What can I do in a residential zone?
Residential Zones are areas set aside to mainly provide for private dwellings. Other low impact activities are allowed without a resource consent, such as home enterprises, accommodation facilities and educational facilities for a maximum of four persons.
Other, larger scale activities that may affect the amenity standards of the Residential Zone, such as noise levels, visual detraction or the density of buildings, may require a resource consent before they can be established. Likely examples include places of assembly, hospitals and dairies.
How close to the boundary can I build?
Yard' is the term used to define the extent of land required as a buffer between a building and the property boundary. All yard distances are measured from the legal boundary to the closest point of the building i.e. to the guttering. The following yards' apply in residential zones:
Front Yard shall be no less than the following:
- Residential dwellings (not including garages) - 4m
- Garages (all) - 5m
- Side and Rear yards - 1.5m
- Yards that adjoin a strategic road or railway corridor - 10m
What if I can't meet the yard requirements?
To reduce the front yard' requirements you will need to make an application for resource consent, as well as getting the written consent of neighbours who may be affected. Council may also be considered an affected party.
Side and rear yards:
If you can't meet the requirements all you need is your neighbour's written consent and to attach this to your building consent application.
How high and close can I build?
The maximum height for a building in the Residential Zone is 8m. To protect the daylight and views of neighbouring properties, there is also what is called a daylight performance standard. This specifies the height of a building in relation to its property boundary.
All buildings shall be within an envelope of 2.0m height above ground level at all boundaries and an angle of 45 degrees into the site at that point. The distance to the boundary is measured from the closest part of the building (including the gutter), not necessarily the outside wall.
How much of my section can I build on?
In the Residential Zone a maximum of 40% of the nett site area is able to be covered by buildings.
This relates to the building footprint and does not included other paved/concreted areas.
Are there rules in the District Plan for trees and fencing?
Council does not control trees. Any disputes regarding shading or height may be resolved between neighbours using legal services or the Disputes Tribunal.
Fences and Walls:
Side and rear boundary
Any fence or wall within the side and/or rear yards or on the side and/or rear boundary shall not exceed a height that exceeds the daylight plane as described in 13.4.1(b) of the District Plan.
- Except that where the common boundary is with a public reserve or walkway, the fence or wall shall not exceed 1.2m height, unless the portion of the wall or fence that is between 1.2 and 2.0m in height has a visual permeability of at least 60%.
- Where the side fence or walls are within the front yard specified in Rule 13.4.1(c) Yards, this height shall be 1.2m, unless the portion of the wall or fence that is between 1.2m and 2.0m in height has a visual permeability of at least 60%.
Any fences or walls within the front yard or on the front boundary shall not exceed 1.2m in height unless the portion of the wall or fence that is between 1.2m and 2.0m in height has a visual permeability of at least 60%.
Resource consent information
If you do need to obtain resource consent, including this information in your application can help ensure you're application is considered complete' when lodged:
Why can you not comply and what alternatives have you looked at?
Below are some examples of why you may not be able to comply:
- the shape, size, topography or geotechnical constraints of you property
- the location of archaeological sites or other significant features on your property
- the potential for conflict with existing or foreseeable activities in your area
- if you do comply, then it will constrain the productive use of the site
- if you do comply, then the visual effect will be greater than if you didn't comply
- the separation distance from other dwellings
- to be able to comply with the on-site manoeuvring requirements.
What are the environmental effects of you not complying?
Here are some examples of effects that may result on you or other affected persons of not complying with the rules:
- spray drift risk
- shading/overshadowing by trees or buildings
- loss of privacy
- dust from unsealed roads or right of ways
- visual effect including loss of view
- access to the property may be limited
- sight distances if encroaching on the road front boundary
What are some ways you can lessen those environmental effects?
Here are just some examples:
- plant screening plants to soften the visual impact
- building a fence to assist with privacy
- you may need to get a specialist engineer's advice to assist with information on sight distances and traffic issues
- paint the building an environmentally friendly colour
- avoid putting large windows on the side that directly faces your neighbours
- seal the right of way
- include appropriate sound proofing into your structure
Have you provided the written consent of affected parties?
You may need some assistance in identifying who are the affected parties, which you need to obtain consent from. If you are encroaching the side and/or rear yard, then you will require the consent of your directly adjoining neighbour. However, with front yard encroachment or if you are exceeding the height restriction we may require neighbours across the road from your property as well.
This can vary from one application to another and it may not be able to be determined until we see your full application.
Note: Any consents from neighbours or affected parties must be on Council's consent of affected parties form.
Please contact Council's customer service planner via our Customer Service Planner if you would like further information or refer to information in the District Plan and application form.
Please note: This information has been produced to assist you in understanding planning rules and procedures. It does not contain all District Plan or statutory requirements.