7.4 Rules - General Standards

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


​​​​​​​​​​​​​​​​7.4.1 Site Coverage

​​a)​​The following maximum site coverage shall apply in each Precinct.​

Precinct 1​​Precinct 2Precinct 3
100%60%80%
​b)Except in the following circumstances when this rule shall not apply:
​i.​Undertaking minor works.
​ii.​Any change of use that would otherwise be a permitted activity and does not increase site coverage above what already existed at 10 December 2012.​

7.4.2 Building Intensity
​​a)​The following maximum building intensities (floor area ratios) shall apply in each Precinct.

Precinct 1​​Precinct 2Precinct 3
5:13:12.5:1
7.4.3 Perm​eable Surfaces

 
a)​The following minimum permeable surface area shall be required for each site.

Precinct 1​​Precinct 2Precinct 3
Nil20%20%
​b)Except in the following circumstances when this rule shall not apply:
​i.​Undertaking minor works.
​ii.​Any change of use that would otherwise be a permitted activity and does not increase site coverage above what already existed at 10 December 2012.​

​7.4.4 Maximum Height Control and Bonuses

a)​ The following maximum height limits shall apply to sites within Height Overlay 1 to 3 (refer Volume 2, Ap​pendix 5, Figure 5-2: Height Overlay Plan).

 ​Height Overlay 1Height Overlay 2Height Overlay 3
i)    With no bonuses
16m
16m
13m
ii)   With single bonus
24m
20m
-
iii)  With double bonus
32m
-
-
​iv)  With triple bonus​>32m​-​-​
b)​ Elements such as flues, flagpoles, open balustrades and aerials shall be exempt from the height standards above.​
c)​ Where a site is located on land adjoining an identified gateway, as identified within Volume 2, Appendix 5, Figure 5-4: Pedestrian Connections and Gateways Overlay Plan, a single bonus shall apply automatically.​
d)​ Where one of the public amenities listed in Table 7.4.4g is provided, a single bonus shall be provided in Height Overlays 1 and 2.​
e)​ Where two of the public amenities listed in Table 7.4.4g is provided, a double bonus shall be provided in Height Overlay 1. ​
f)​ Except that, when only a through-site link is provided complying with Table 7.4.4g (v), a double bonus shall be provided in Height Overlay 1.​
​g)​Where ei​ther three public amenities or a through site link and one of the public amenities listed in Table 7.4.4g is provided, a triple bonus shall be provided in Height Overlay 1.
h)​Public amenities qualifying in Table 7.4.4g i-iii) must exclude any area nominated as part of a through-site link.

Table 7.4.4g: Public amenities qualifying for a single or double bonus

​i.​Riverfront promenade for public use shall be a minimum of 5m wide and run the width of the property over which it is located, either adjoining with any areas of existing promenade, or providing potential for future connections.
​1.​A continuous pedestrian promenade shall be provided between London Street and Sapper Moore-Jones Place as identified within the medium and long term visions for the Riverfront in Figure 1.4.6b​ and Figure 1.4.6c within Appendix 1 Volume 2.
​2.​Provision shall be subject to the standards for setbacks from the Riverbank (refer to rule 7.5.2) and
​3.​Have regard to Design Principles for the promenade and open space (refer to Volume 2, Appendix 1.4.7)
​4.​Where development is not located on a site over which the Riverfront Promenade is proposed, a financial contribution in relation to the promenade development may be applicable subject to the following:
​a)Consent from the landowner/s over the site which the proposed promenade is to be constructed
​b)​Approval from Council in relation to location and design of the promenade.
i​i.
Pedestrian arcades or plazas (minimum 5m wide; minimum 40m2 in area), either on or off site in a location and layout design approved by Council and for public use during normal working hours. Indicative images are identified below.
Indicative plaza spaces along Anglesea Street and an existing Pedestrian Arcade in Hamilton (Casabella Lane)
iii.​
Areas of pocket parks, playgrounds or seating either on or off site in a location and layout design approved by Council and for public use during normal working hours (minimum 5m wide; minimum 40m2 in area). Indicative images are identified below.
Indicative images showing the potential integration of pocket parks within an urban environment.
iv.​ Public art or sculpture approved by Council, either on or off site (in a location approved by Council) and displayed in public view at all times.​
v.​
Through-site links (refer illustration below), provided that:
1. These apply to a separately defined, continuous and clearly identifiable public walkway taking the most direct route, which is designed specifically to traverse a site to connect transport corridors or other public spaces or other (potential or existing) through-site links.

2. They provide for unobstructed pedestrian movements and have a minimum average unobstructed width of 2.8m.

3. They are available for public use, the minimum hours of operation being 0830 to 1730 Monday to Friday and such other times when the site is open for business or for its principal purpose.

4. They are subject to the standards for Secondary Active Frontages (refer to Rule 7.4.14).

5. Clearly visible signs identify the through-site link.

6. The access easement is registered on the title(s) to which the through-site link applies to ensure preservation of the link and its ongoing maintenance by the owner(s) of the title(s).

7. Where development is not located on a site over which a through-site link is proposed, a financial contribution in relation to (off-site) through-site link may be applicable subject to the following:
a) Consent from the landowner/s over the site which the proposed through-site link is to be constructed
b) Approval from Council in relation to location and design of the through-site link.
 
Example of successful through-site links: Casabella Lane in Hamilton
vi.​ Certification for Green Star - "Design Rating" (five star rating or greater) by the New Zealand Green Building Council (confirmed through subsequent Green Star “Build Rating”).​

7.4.5 Through-Site Links  

a)​ Within a block identified as providing for a potential through-site link shown on Volume 2, Appendix 5, Figure 5-4: Pedestrian Connections and Gateways Overlay Plan, any new wholesale redevelopment in excess of 5000m2 at ground-floor shall provide a ground-level through-site link. The through-site link shall meet the standards set out in Table ​​7.4.4g v. 1 to 5, above.​

7.4.6 Height in Relation to Boundary

a)​ Where a boundary adjoins any Residential or Special Character Zone, no part of any building shall penetrate a height control p​lane rising at an angle of 45 degrees beginning at an elevation of 3m above the boundary.​

7.4.7 Street Wall

a)​ On those identified streets within Vol​ume 2, Appendix 5, Figure 5-3: Street Wall Height Overlay Plan
​i.Building height on that street frontage shall be a ​maximum of 13m (maximum 3 storeys) or the width of the street, whichever is the greater​; and 
​ii.​A set back of 4m or greater shall be required from the front boundary before any additional height is gained (refer Figure 7.4.7).​

Figure 7.4.7: Street wall and setback concept
​ ​​

7.4.8 Building Setbacks

a) The ​following minimum setbacks shall apply within each Precinct.
 
Precinct 1
Precinct 2
Precinct 3
i. Front boundaries
0m
0m
3m
ii. Side boundaries
0m
0m, or
3m adjoining any Residential or Special Character Zone
3m
 
iii. Rear boundaries
0m
0m, or
3m adjoining any Residential or Special Character Zone
5m
iv. Boundaries adjoining the Riverfront Overlay
5m
-
5m
​v. Waikato Riverbank and Gully Hazard Area​​​6m (applies to buildings and swimming ​pools) ​ ​
Note
1. Refer to chapter 21 and 22 for objectives and policies relevant to the setback from the Waikato Riverbank and Gully Hazard Are​a
b)​ In addition to the above, a maximum setback of 0m (nil) shall apply to the entirety of any front boundary within Precinct 1 (i.e. within Precinct 1, the front boundary shall be considered the “build-to” line), with the exception of any setbacks associated with building entrances.​
c)​ The 0m (nil) setback shall not apply to the eastern elevations within the Riverfront Overlay (refer Volume 2, Appendix 5, Figure 5-1) that adjoin the Open Space zones along the Waikato riverbank.​
d)​ Where multiple and contiguous allotments are proposed as a single development site, these rules shall apply only to the outer site boundaries of the land to be developed, and shall not apply to internal boundaries.​
​e)​The setback requirements in this rule do not apply to any structure provided as part of the riverfront promenade.

7.4.9 Car Parking

a) No part of the front of a site (i.e. that part of the site adjoining a road and located in front of the front building line) shall be u​​sed for car parking, except in the following circumstances when this rule shall not apply:
​i.​Any rear site.​​
​ii.​Undertaking minor works.
​iii.​Any change of use that would otherwise be a permitted activity and does not change car parking arrangements that existed at 10 December 2012.
b)​No plant or machinery (including air-conditioning units) relating to the activity shall be placed within the front setback of a site fronting an arterial transport corridor (whether or not the site is separated from the transport corridor by a segregation strip or service lane). ​​

7.4.10 Service Areas

a) Buildings shall provide service areas as follows.​
i.​ At least one service area of not less than 10m2 or 1% of the gross floor area of the building, whichever is the greater, and with a minimum dimension of 2.5m.​
ii.​ At least one service area of not less than 10m2 for each residential unit, up to a maximum requirement of 100m2.​
iii.​ Any outdoor service area shall be maintained with an all-weather dust-free surface.​
iv.​ No service area shall be visible from a street identified as a Primary or Secondary frontage (Volume 2, Appendix 5, Figure 5-7).​
b) ​​A service area may be located within a building, provided that it is separately partitioned with an exterior door directly accessible by service vehicles.

7.4.11 Outdoor Storage

a)​ Any outdoor storage areas for goods and materials shall:​
i.​ Be laid out and used in a manner that does not conflict with vehicle access.​
ii.​ Be maintained with ​an all-weather, dust-free surface.​
iii.​ Be located away from public view or otherwise screened by fencing and landscaping.​
iv.​ Not encroach on required parking, loading or planting areas, or setbacks from boundaries.​
v.​ Not be located within 15m of any defined Primary or Secondary frontage (Volume 2, Appendix 5, Figure 5-7).​

7.4.12 Fences and Walls

a) Sites within Precinct 1 shall have no fence or wall along the street front boundary. ​
b)​ The following design and dimensions shall apply to street front (excluding as provided for by (a)) and side boundary fences or walls located forward of the front building line; and fences on boundaries adjoining any Open Space Zone.
​​ 
Precinct 2​
Precinct 1 and 3
i. Designed or constructed for less than 50% see-through visibility (e.g. close paling, masonry, or other opaque material)
1.2m max. height
1.2m max. height
ii. Materials with 50% or more see-through visibility
1.8m max. height
1.2m max. height
Note
1. Glass, metal bars or louvres are acceptable fence materials to achieve a minimum 50% see-through visibility. Examples of acceptable and unacceptable fence and wall solutions can be found in Chapter 25.5: City-wide – Landscaping and Screening, Figure 25.5.4a
c) For all other instances, boundary fences shall have a maximum height of 1.8m.​

7.4.13 Sunlight Protection – Garden Place

a)​ Except ​for elements such as flues, flag poles, open balustrades, aerials and other items which are normally placed above the roof line and which will not materially affect sunlight penetration, no part of the building shall penetrate the sunlight protection plane as illustrated in Volume 2, Appendix 5, Figure 5-8: Sunlight Penetration Plan, between 1100 and 1400 hours from May 1 to August 10.​

7.4.14 Active Frontages

a) For buildings on sites adjoining a Primary or Secondary active frontage (refer Volume 2, Appendix 5, Figure 5-7: Active Frontages Overlay Plan), the following standards shall apply.​
i.​
Buildings shall contribute to the appearance and retail function of the City by:​
  • Provid​ing at least 5m or 75% of the active frontage (whichever is greater) of clear glazing (or equivalent) on all Primary Active Frontages at ground floor level.
  • Providing at least 50% of the active frontage as clear glazing (or equivalent) on all Secondary Active Frontages at ground floor level.
  • Being capable of use for displaying goods and services to passing pedestrians.
  • Not having painted, covered or otherwise altered glazed areas so as to render them ineffective in achieving the purpose of this rule.
ii.​ Vehicular access across active frontages shall not use any more than 10% of the defined frontage.​
iii.​ The principal public entrance to a building shall be provided from the active frontage.​
​iv.​All storage areas shall be situated within or to the rear of the building.
​v.​This rule shall not apply to:
​a.​apartments at ground floor located with those areas shown as Secondary Active Frontage on the Active Frontages Overlay Plan (refer Appendix 5: Figure 5-7)
​b.​any separation between buildings or built form that is required to form part of the vehicle crossing to access the site.
b)​ No roller doors, which may obscure windows or entranceways, may be installed on the front of any building fronting a public space within Precincts 1-3. (For the purposes of clarification, security grills which allow views from the street into premises are not classed as roller doors.)​

Note

1. Figure 7.4.14b below shows examples of building facades illustrating acceptable and unacceptable frontages.

 
Figure 7.4.14b: Existing facades showing active facades and veranda cover that are promoted (left) and blank facades that are discouraged (right)
 

7.4.15 Veranda Cover

a)​ For buildings on sites adjoining a Primary active frontage (refer Volume 2, Appendix 5, Figure 5-7: Active Frontages Overlay Plan), the following standards shall apply.​
i.​
Buildings shall provide veranda cover:
  • Over the footpath, extending along the full length of the building frontage.
  • Have a minimum dept​​h of 2.5m, except where it would encroach within 0.6m of a transport corridor kerb (refer Figure 7.4.15b).​
ii.​ Ensure that the safety and convenience of pedestrian and vehicle activity will not be compromised.​
iii.​ Have its fascia a minimum of 2.4m above the footpath (including any signs connected to the veranda).​
iv.​ Ensure continuity with any verandas of adjoining buildings.​
 
Figure 7.4.15b: Depth of veranda​s in relation to kerbs 
 

​7.4.16 Provisions in Other Chapters

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

Page reviewed: 19 Jul 2019 3:30pm