4.4 Rules - General Standards - General Residential, Residential Intensification Zones and Large Lot Residential Zones

This section is subject to the following plan change- Proposed Plan Change 6- Regulatory Efficiency and Effectiveness Plan Change

​​​a)​​The f​ollowing st​​andards apply in the General Residential, Residential Intensification Zones and Large Lot Residential Zone only.​

4.4.1 Density

a) The minimum or ma​ximum area of land (net site area) required in respect of each residential unit (or resident in the case of residential centres, rest homes and managed care facilities) shall be:​

Activity
Net site area (minimums unless otherwise stated)
General Residential Zone
Large Lot Residential Zone
Residential Intensification Zone
i. Single dwellings (per residential unit)
400m2 per residential unit

1000m2 per residential unit for lots adjoining Waikato Expressway (Designation E90 and E90a)

2500m2 (SH26) Ruakura Structure Plan area

 
2ha ​(Percival/ Ryburn Roads) Ruakura Structure Plan area.*

350m2 maximum per residential unit
400m2 per duplex (200m2 per unit)
2500m2 per duplex (1250m2 per unit)

300m2 per duplex (150m² per unit)

600m2 maximum per duplex (300m² maximum per unit)

-
-
Average net site area of 150m2 per residential unit
iv. Single dwellings with an ancillary residential unit
600m2 total for both dwelling and ancillary residential unit
3500m2 total for both dwelling and ancillary residential unit

 
2ha for both dwelling and ancillary residential unit (Percival/Ryburn Roads) Ruakura Structure Plan.*
-
v. Integrated Residential Development
300m² per single dwelling unit

400m2 per duplex
(200m2 per unit) 

Apartments – 150m² per residential unit
​-​-​
vi. Relocated dwellings
400m2 per residential unit
2500m2 per residential unit

 
2ha per residential unit (Percival/Ryburn Roads) Ruakura Structure Plan area.*
-
75m² per resident
300m² per resident
50m² per resident
viii. Rest homes
75m² per resident
300m² per resident
50m² per resident
100m2 per resident
400m2 per resident
50m² per resident

b)        Dwellings in the Percival/Ryburn Roads Ruakura Structure Plan area not complying with the density standards in 4.4.1 shall be a non-complying activity.

c)         The minimum net site areas marked with a “*” in rule 4.4.1 a) above shall not apply to the property at 23 Ryburn Road (lot 8, DP 9210) where one additional dwelling is permitted with a minimum net site area of 5,000m2.

4.4.2 Site Coverage

 
General Residential Zone
Large Lot Residential Zone
Residential Intensification Zone
Maximum 40%
Maximum 20%
Maximum 50%
Hamilton East: Maximum 45%

4.4.3 Permeable Surface 

 
General Residential Zone
Large Lot Residential Zone
Residential Intensification Zone
a) Front sites, corner sites, through sites only:  front setback (required by Rule 4.4.6) to be planted in grass, shrubs or trees 
Minimum 50%
Minimum 70%
Minimum 40%
b) Permeability across the entire site (can include area required by Rule 4.4.3(a) above)
Minimum 30%
Minimum 70%
Minimum 20%


4.4.4 Building Height

 
General Residential Zone
Large Lot Residential Zone
Residential Intensification Zone
a) Height of buildings
Maximum 10m
Maximum 10m
Maximum 12.5m
Hamilton East: 10m
Opoia Road: 16m

4.4.5 Height in Relation to Boundary

​a) No part of any building shall protrude through a height control plane rising at an angle of 28 degrees between northwest (315 degrees) and northeast (45 degrees), and rising at an angle of 45 degrees in all other directions. This angle is measured from 3m above ground level at all boundaries (see Figure 4.4.5e below).
Except that: ​
i.​ Where bu​​ildings are attached, no height control plane is required between those buildings.​
ii.​ Where a boundary adjoins a transport corridor, the 45-degree angle applies to that boundary, measured 3m above the boundary (see Figure 4.4.5d below).​
iii.​ Where there are two or more dwellings on the same site, the plane shall be measured at a line midway between the two dwellings rising at an angle of 45 degrees and with this angle measured from 3m above ground level at the midway line or the indicative subdivision boundary.​​
​iv.​Where the boundary subject to measurement adjoins a legal right of way, access lot or entrance strip, the standard applies from the farthest boundary of that legal right of way, access lot or entrance strip.
​v. ​The height in relation to boundary control may be reduced where the written consent of owners adjoining the height in relation to boundary infringement is obtained. This does not apply to public boundaries. 
b)​ In the Residential Intensification Zone, the height control plane applies only along a zone boundary adjoining the General Residential Zone or any of the Special Character Zones. ​
c)​​The following exemptions apply to Rule 4.4.5(a):​
​​i.​Chimneys, flues and similar projections not exceeding 2m in height and 1m2 in area may protrude through the height control plane; and
​ii.​An aerial as permitted in Volume 1, Chapter 25.7 City-wide – Network Utilities and the Electricity National Grid Corridor may protrude through the height control plane; and
​iii.​A gable end, dormer or roof may project beyond the height control plane where: 
​​(a)​any projection is no greater than 1.5m2 in area and no greater than 1m in height; and
(b) ​any projection is no greater than 2.5m cumulatively in length measured along the edge of the roof (see figure 4.4.5f); and
​(c) ​no more than two gable end, dormer or roof projections occur on any sites given elevation.​​

Figure 4.4.5d:
Height control plane for a boundary adjoining a transport corridor or access
Diagram illustrating height in relation to boundary rule
 

Figure 4.4.5e:
Height Control Plane
 
Figure 4.4.5f: Exceptions for gable ends, dormers and roof projections


4.4.6 Building Setbacks

Building setback from
Minimum distance
a) 
​Transport corridor boundary – local and collector transport corridors
3m except that where the vehicle entrance for any garage or carport faces toward a transport corridor, it shall be setback a minimum of 5m. 

5m Large Lot Residential Zone

b) 
​Transport corridor boundary – arterial transport corridors
5m
Except that any garage or carport facing the transport corridor shall be set back a minimum of 8m
c) 
​ ​ ​ ​
​Waikato Expressway (Designation E90 or E90a) ​ ​ ​
​i.​35m from the designation boundary, or
​ii.​40m measured from the actual carriageway edge of the Waikato Expressway if:
​1.​The location of the carriageway within the designation corridor of the Waikato Expresswa​y has been confirmed in writing by the Requiring Authority; or
​2.​Construction is underway or completed.   
d) Internal vehicle access serving up to three residential units on a site (excluding access to an ancillary residential unit)
No part of a building (including eaves) shall extend over or encroach into an internal vehicle access.
​e) Internal vehicle access serving more than three residential units on a site​Setback of Residential Units = 1.5m
​​f) Waikato Riverbank and Gully Hazard Area​6m (applies to buildings and swimming pools)
g) Any other boundary
​ ​ ​ ​ ​ ​
1.5m or setbacks may be reduced where:
​i.​Buildings on adjoining sites are attached, no setback is required along that part of the boundary covered by such a wall; or
​ii.​The written consent of the owners adjoining the relevant setback or setbacks is obtained; or
​iii.​It is proposed to site a building within the 1.5m setback and:
​(a)​The building is less than 10m2 in area; and
​(b)​The building is less than 2m in height; and
​(c)​The building will not be connected to electricity supply; and
​(d)​There is no discharge of stormwater onto neighbouring land from the building; and
​(e)No more than one building is established on a site in accordance with this rule; except where notional boundaries are shown for an approved subdivision, one accessory building can exist for each notional lot .    ​
For Large Lot Residential Zone:
iv.​5m setback for SH26 and Percival/Ryburn Roads
v.​​50m for buildings and outdoor hardstands used for housing and feeding animals, including milking sheds and shearing sheds.
​vi. ​250m for residential units set back from the operational area of an existing intensive farm on any other site.
​vii.​​25m from any water body.

​Note
1. Refer to chapter 21 and 22 for objectives and policies relevant to the setback from the Waikato Riverbank and Gully Hazard Area. 

4.4.7 Interface Between Public and Private

a) These standards only apply to residential units and accessory buildings on front, corner and through sites that have unit site areas that directly front onto a transport corridor. ​
b)​ Location of accessory building:
​i.Any accessory building (excluding a carport) that:
​(a)​is located forward of the front building line of a dwelling; and 
​(b)​does not have a vehicle entrance facing nor opening toward a transport corridor 

​shall be provided with a window(s) facing the transport corridor which have an area no less than 10% of the façade of the accessory building.  
​ii.Where the accessory building is to be located between any residential unit and a transport corridor, it shall not​ cover more than 50% of the front façade of the residential unit that is visible at ground level from the transport corridor for the purpose of assessment. 
​•
The measurement of the extent that a residential unit and any accessory building is visible, shall be taken from the elevation plans provided to illustrate the proposed development. 
​This standard shall apply regardless of whether there is any screen fencing or planting of the transport corridor boundary existing or proposed. 
​A vehicle entrance is considered to face toward the transport corridor where vehicles reverse straight onto the transport corridor.
c)​ At least one habitable room of the residential unit shall have a clear-glazed window facing the transport corridor from which vision toward the transport corridor is not blocked by any accessory building. For corner and through sites this shall be required only on the frontage from which vehicular access is provided​.
d)​ Residential Intensification Zone – Hamilton East only: No wall of any building parallel to or up to an angle of 30 degrees to any external boundary except the transport corridor frontage shall exceed 15m in length without there being a step in (or out) plan of at least 2m depth and 5m length. ​

4.4.8 Fences and Walls

​a) Fences and/or walls shall have a maximum height of 1.8m.
​b)​The height of any fence and/or wall shall be measured in terms of natural ground level.
​c)​Any retaining wall which is higher than 1.5m and load bearing is not subject to this standard and will be considered, for the purpose of assessment, as a building.
​d)​Any fence and/or wall that is taller than 2.5m is not subject to this standard and will be considered, for the purpose of assessment, as a building.
​e)​This rule shall not apply to any fence and/or wall which:
​(i)​following construction will be located at or below the natural ground level of the land that existed prior to construction commencing; or
​(ii)​is internal to a proposed development and does not result in any fence or wall which has a height of 1.8m or more in relation to natural ground level of any adjoining external property boundary not in common ownership.
​ ​Note
1. For the purpose of the Building Act 2004 any retaining wall with a fall height greater than 1.0m requires the provision of a fall protection fence or similar of not less than 1.0m high. For the purpose of this rule this fall protection will be considered as an integral part of the retaining wall and the combined height will be assessed as the overall height of both structures.    

4.4.9 Residential Buildings – Separation and Privacy

a) Residential​ buildings shall be set back at least 3m from the nearest part of any other residential building on the same site, except:​
i. No separation is required between buildings that are attached.​
ii.​ Where windows are located and designed (including by glazing) to avoid views between rooms in different buildings on the same site, separation distance is a minimum of 1.5m. ​
b)​ A balcony at upper-floor level shall be set back at least 5m from all boundaries (see Figure 4.4.9c).
​​​This does not apply to a boundary along a transport corridor, access way, right-of-way, private way, access lot, or entrance strip, less than 6m wide.​
 
Figure 4.4.9c: Upper-floor setbacks for separation and privacy
Diagram of upper floor setbacks for separation and privacy 
 

4.4.10 Outdoor Living Area

a) These standards do not apply to managed care facilities or rest homes.​
b) Each residential unit​, except for when a communal area is provided, shall be provided with an outdoor living area that is:​
i.​ For the exclusive use of each residential unit.​
ii.​ Readily accessible from a living area inside the residential unit.​
iii.​ Free of driveways, ma​noeuvring areas, parking spaces, accessory buildings and service areas.​
​c)​Communal open space for 4 or more residential units and apartment buildings shall comply with 4.4.10b) iii) as well as being:​
​i.​For the shared use of all residents on site, and
​ii.​Readily accessible from all residential units on site.​
d)​ Outdoor living areas shall have areas and dimensions as follows.
Residential units
Outdoor living area per residential unit
Shape
i. Including single residential dwellings and duplex dwellings
Up to 2 bedrooms- 35m2; plus
10m2 for each additional bedroom over 2
Either:
No width contributing to the complying area less than 4.0m; or 
Capable of containing a 6m circle with no dimension less than 2.5m​
ii. Ancillary residential unit
12m2
No dimension less than 2.5m
iii. Communal open space for 4 or more residential units for the exclusive use of the residential units
12m2
Capable of containing a 8m diameter circle
No dimension less than 4m
​iv. Apartment buildings and duplex dwellings in the Residential Intensification Zone, where communal open space is not provided​12m2​No dimension less than 2.5m
​v. Communal open space for apartment buildings in the Residential Intensification Zone
Up to 7 residential units – 12m2 per unit

8 or more residential units – 8m2 per unit
​Capable of containing a circle with the following diameter:​      
•  4-7 residential units – 6m
•  8 or more residential units – 8m

No dimension less than 2.5m
e)​ The outdoor living area for an ancillary residential unit shall be separate from the outdoor living area provided for the principal residential unit. ​
f)​ In the General Residential Zone, any communal open space shall be optional but cannot contribute more than 50% of the above provisions.​
g)​ Communal open space is an alternative to, and not in addition to, individual outdoor living areas for each residential unit.
 

​4.4.11 Service Areas

​a) These standards do not ​apply to managed care facilities or rest homes

Description
Minimum requirements per Residential unit
b) Every site, including first single dwelling but excluding 4.4.11(d) – (f)
i. At least 15m2​​, and may be made up of two separate areas incorporating
10m2 for clothes drying (e.g. foldable clothes line)
5m2 for rubbish / recycling storage

ii. Minimum dimension 1.5m
c) Second and subsequent residential units, including duplex dwellings
i. Additional 15m2, and may be made up of two separate areas incorporating
10m2 for clothes drying (e.g. foldable clothes line)
5m2 for rubbish / recycling storage

ii. Minimum dimension 1.5m

iii. Duplex in Residential Intensification zone
      Individual or communal
10m2
Minimum dimension 1.5m
d) Service area per ancillary residential unit
i. Additional 10m2
ii. Minimum dimension 1.5m
e) Apartments
Individual or communal:
i. 10m2
ii. Minimum dimension 1.5m
f) Community centres, visitor accommodation, conference facilities
i. 10m2
ii. Minimum dimension 1.5m
g) Dairies (may be indoor or outdoor)
i. Minimum 10m2
ii. Minimum dimension 1.5m
iii. Readily accessible to service vehicles
iv. Indoor service area separately partitioned
v. Outdoor service area; all-weather dust-free surface
h) All service areas
i. Clothes drying areas shall be readily accessible from each residential unit
ii. Not visible from a public place unless screened from view by vegetation or fencing in accordance with Section 25.5.
iii. Rubbish and recycling areas required for each residential unit shall be located where bins can be moved for roadside collection without requirement for them to be moved through the residential unit (excluding garages).
iv. Service areas may be located within garages where it is demonstrated that there is sufficient room to accommodate the minimum area without impeding parking.

4.4.12  Residential Unit Size – Residential Zones

​a) The minimum floor area required in respect of each residential unit (excluding ancillary residential units) ​in the Residential Intensification Zone and the General Residential Zone sh​​all be:​

Form of​​​​​​ r​​esidential unit Floor area​​
i.     Studio unit
Minimum 35m2
ii.    1 bedroom unit
Minimum 45m2
iii.   2 bedroom unit
Minimum 55m2
​iv.   3 or more bedroom unit​Minimum 90m2

b) In any one residential apartment building, containing in excess of 20 residential units, the combined number of one-bedroom units and studios shall not exceed 70% of the total number of apartments within the building.​

4.4.13 Provisions in Other Chapters

The provisions of the following chapters apply to activities within this chapter where relevant.

Page reviewed: 07 Sep 2020 1:15pm