Section 51 Light Industrial Zone 51.1 ZONE DESCRIPTION The Light Industrial Zone is located outside and within the settlements of Pauanui, Tairua, Coromandel, Thames, Whangamata and Matarangi. The Zone is sometimes located between Industrial Zones and other zones to act as a buffer for adverse effects from the Industrial Zone. The Light Industrial Zone hosts activities such as mechanical servicing, car sales yards, building depots, warehousing and the processing of marine aquaculture products. It generates business, employment, and provides goods and services to the District and beyond. This contributes significantly to the overall economic wellbeing of the District. Distinguishing features of the Zone include: Large scale buildings, with the scale and design of the buildings derived from their function; Large infrastructure and road networks to cater for high stormwater runoff, trade waste, energy needs and heavy vehicles; Noise, light spill, odour, dust and smoke is not reasonably regarded as objectionable to nearby residents; Good access to collector and arterial roads; Medium and large lot sizes to store material and to park, load and manoeuver vehicles; The ability to have manager's residence where it is accessory to the main activity on the site; and Lots of vehicle movements from light trade vehicles, delivery vehicles and cars. 51.2 ZONE PURPOSE The Light Industrial Zone provides for activities that do not cause objectionable effects in terms of dust, noise odour, lighting and vehicle movements. Industrial activities that cause these effects are constrained. Because of this, the Light Industrial Zone can be closer to Residential Areas and other urban areas than the Industrial Zone can. Also, residential and commercial activities that are accessory to industrial activities may be appropriate in this Zone, provided they support the industrial activity and do not absorb the limited provision of industrial-zoned land in the District. Despite their location within some urban areas, the Light Industrial Zone still requires larger lot sizes so light industrial activities have the necessary land area for: storage, manufacturing, heavy vehicle loading and manoeuvring and parking areas. 51.3 ACTIVITY TABLE AND USER INFORMATION The Activity Table groups activities under broad headings and provides a rule and Section number to go to as a starting point. In the table the following abbreviations are used: R = Rule S = Section Rules are for both the activity and associated buildings, unless buildings are specified separately. The zone rules are part of a hierarchy of rules. There may be overlays or district wide rules that also apply to the activity and site. Where there is conflict between rules the rule hierarchy applies to the extent of the conflict (see the Plan introduction for more information).
ACTIVITIES NOT PROVIDED FOR ACTIVITY TABLE ACTIVITY S 51.4 S 51.5 S 51.6 S 51.7 Activities not provided for in the Plan R 13 Activities not provided for in Section 51 R 16 COMMERCIAL Restaurant R 1 COMMUNITY Community facility R 14 Emergency service training, military training R 2 Festival, event and associated temporary buildings R 3 EARTHWORKS Earthworks R 4 ELECTRICITY DISTRIBUTION, TRANSMISSION AND GENERATION Above-ground electricity line R 5 Emergency power generation R 5 Local co-generation R 5 Minor upgrading or removal of an above-ground electricity line R 5 Solar panel R 5 Substation, transformer, switching station R 5 Underground electricity line R 5 INDUSTRIAL Dwelling accessory to an industrial activity R 12 Industrial R 6 Retail accessory to an industrial activity R 7 MARINE AND RIVER Marine equipment storage and maintenance R 8 METEOROLOGICAL FACILITIES AND NAVIGATIONAL AIDS Meteorological facility R 2 Trig station, beacon R 2 NOISE Noise not covered by another rule in Section 51 R 9 RADIO AND TELECOMMUNICATIONS Above-ground telecommunication line R 10 Minor upgrading or removal of an above-ground R 10 telecommunication line Phone box, radio and telecommunications ancillary equipment, R 10 shelter, cabinet Radio and telecommunication depot/workshop R 10 Radio and telecommunication mast, tower and any associated R 10 antenna or equipment Satellite, microwave dish, and any associated antenna or R 10 equipment
ACTIVITY TABLE ACTIVITY S 51.4 S 51.5 S 51.6 S 51.7 Underground telecommunication line, cable R 10 WATER, WASTEWATER, STORMWATER AND SOLID WASTE Refuse transfer station, recycling operation R 15 Sanitary landfill R 15 Wastewater treatment plant, treated waste disposal site (including R 15 composting) Water treatment plant, reservoir R 11 Water, wastewater, stormwater infrastructure R 11 51.4 PERMITTED ACTIVITIES RULE 1 Restaurant 1. A restaurant is a permitted activity provided it meets the standards in Table 4 at the end of Section 51. 2. A restaurant that is not permitted under Rule 1.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matters 1, 3, 5 and 7 in Table 5 at the end of Section 51. RULE 2 Emergency service training, military training Meteorological facility Trig station, beacon 1. An activity listed in Rule 2 is a permitted activity. RULE 3 Festival, event and associated temporary buildings 1. A festival, event and associated temporary buildings is a permitted activity provided: a) No buildings are erected under this Rule that remain after the festival, event finishes; and The noise of any helicopter associated with the festival, event complies with the standards in NZS 6807:1994 Noise management and land use planning for helicopter landing areas (excluding Section 5: Land Use Planning); and c) It lasts no longer than 72 consecutive hours; and d) The site meets the standard in Table 1. Table 1 - Maximum frequency of festivals, events per site per calendar year Overnight accommodation Less than 1,200 people More than 1,200 people Yes 3 per year 1 per year No 12 per year 4 per year
2. A festival, event and associated temporary buildings that is not permitted under Rule 3.1 a) or is a restricted discretionary activity. 3. The Council restricts its discretion to matters 1 and 2 in Table 5 at the end of Section 51. 4. A resource consent application under Rule 3.2 shall be assessed without public or limited notification under Sections 95, 95A and 95B of the RMA. 5. A festival, event and associated temporary buildings that is not permitted under Rule 3.1 c) or d) is a discretionary activity. 6. Rule 10 (Noise) does not apply to a festival, event. RULE 4 Earthworks 1. Earthworks are a permitted activity provided: a) They are for flood hazard protection works, or maintenance of those works, authorised by the Waikato Regional Council; or They are for drainage works installed below ground level where the ground surface is fully restored and planted within 3 months from when work started; or c) They are for landscaping; or d) They are for utility installation by Council or a network utility operator; or e) They are to establish a building platform, and the earthworks are completed, and covered by a building or stabilised, within 3 months from when work started. f) They meet the following standards: i) The standards in Table 2; and ii) Rain, wind or water does not carry silt, dust or sediment off-site; and iii) Any surplus excavated material is reused on the site or is removed from the site within 3 months. iv) The earthworks are stabilised as soon as practicable or within 3 months, whichever is the soonest. 'Stabilised' means vegetative and/or structural measures, such as pavement, gravel, hydro-seeding, re-vegetation, mulching, that minimises erosion of exposed soil to the most practical extent. Earthworks Constraints Table 2 Earthworks Standards 1. Maximum area per site per calendar year where the average slope of the area subject to earthworks: Is no greater than 5% 400 m 2 Is greater than 5% 200 m 2 2. Maximum height of any fill and/or cut 1.5 m 3. Maximum height of any cut or fill that is retained by a structure authorised by a building consent (which must be obtained prior to any earthworks commencing) 4. Maximum duration of work within any calendar year 2.5 m 3 months
Minimum Setback Distance of Earthworks Table 2 Earthworks Standards 5. to the toe of a fill (without a retaining wall) Equal to the maximum height of the fill 6. to the toe of a cut (without a From a site retaining wall) boundary, a building 7. to the crest of a cut (without foundation, or a a retaining wall) cliff 8. to top or bottom of a retaining wall supporting a cut 9. From Council-owned wastewater or stormwater line Equal to 1.5 times the maximum depth of the cut, plus 0.3 m 0.3 m Equal to the maximum height of the retaining wall 1.5 m from the centre of the line 10. From Council-owned water mains line 2.5 m from the centre of the line 11. From any water body 20 m 12. From the primary coastal setback line 7.5 m 13. From High Voltage transmission lines and support structures 12 m 2. Earthworks that are not permitted under Rule 4.1 are a restricted discretionary activity. 3. The Council restricts its discretion to matters 1, 4 and 7 in Table 5 at the end of Section 51. Notes 1. Building Act requirements may be triggered for some earthworks, such as where work is needed because land instability threatens a building and retaining walls. 2. All earthworks must comply with Section 10 of the Historic Places Act 1993, which protects recorded, suspected and unrecorded archaeological sites from destruction, damage and modification. 3. Consent from the Waikato Regional Council may be required if earthworks are within a high risk erosion area. 4. Consent from the Waikato Regional Council may be required, for example if earthworks are within a high risk erosion area. You are advised to check with them prior to starting the earthworks. 5. Guidelines to meet Rule 5.1 h) ii) (avoiding the discharge of earth material) are available in "Erosion and Sediment Control - Guidelines for Soil Disturbing Activities'. Waikato Regional Council Technical Report No. 2009/02. January 2009. Available at www.waikatoregion.govt.nz. RULE 5 Above-ground electricity line Emergency power generation Local co-generation Minor upgrading or removal of an above-ground electricity line Solar panel Substation, transformer, switching station Underground electricity line
1. An activity listed in Rule 5 is a permitted activity provided it meets the standards in Table 4 at the end of Section 51. 2. An activity that is not permitted under Rule 5.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matters 1, 3 and 4 in Table 5 at the end of Section 51. RULE 6 Industrial 1. Industrial is a permitted activity provided: a) It does not involve noxious discharges to air; and It does not involve the processing, storage or disposal of hazardous waste; and c) No access, vehicle crossing, parking, loading or manoeuvring area is within 15 m of a residential zone; and d) It does not involve more than 251 vehicle movements per day; and e) If present, any office component of the building is located adjacent to the front yard or a publicly accessible driveway, and: i) Has a pedestrian entrance facing the street or driveway that is directly accessible from the street or driveway; and ii) Has prominent windows facing the street; and iii) Has no loading bay or storage of materials or waste between the office and the street or driveway; and f) It meets the standards in Table 4 at the end of Section 51. 2. An industrial activity that is not permitted under Rules 6.1 e) is a restricted discretionary activity. 3. The Council restricts its discretion to matter 1 in Table 5 at the end of Section 51. 4. An industrial activity that is not a permitted activity under Rules 6.1 a)-d) is a discretionary activity. RULE 7 Retail accessory to an industrial activity 1. Retail accessory to an industrial activity is a permitted activity provided it meets the standards in Table 4 at the end of Section 51. 2. Retail accessory to an industrial activity that is not permitted under Rule 7.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matter 1 in Table 5 at the end of Section 51. RULE 8 Marine equipment storage and maintenance 1. Marine equipment storage and maintenance is a permitted activity provided: a) It meets the standards in Table 4; and All vehicle parking, loading and manoeuvring is provided for on-site. 2. The Council restricts its discretion to matters 1-3 and 6 in Table 5 at the end of Section 51. 3. Marine equipment storage and maintenance that is not a permitted activity under Rule 8.1 is a discretionary activity.
RULE 9 Noise not covered by another rule in Section 51 1. Noise not covered by another rule in Section 51 is a permitted activity provided: a) It is from a temporary site or building maintenance activity between 7 am and 8 pm; or It is from a temporary construction activity that complies with NZS 6803:1999 Acoustics Construction Noise; or c) The noise meets the standards in Table 3. Table 3 Maximum Noise Level Standards Measured at Time period L Aeq (15 min) L AF max The receiving site at any point within one of the following zones: Airfield Commercial Gateway Industrial Light Industrial Marine Service Pedestrian Core Recreation Active Road At any point within the notional boundary of a site within any other zone not listed above At all times 70 db N/A Monday to Saturday 7 am to 10 pm 51 db N/A Sunday 7 am to 6 pm 51 db N/A At all other times 40 db 70 db 2. Noise not covered by another rule in Section 51 that is not permitted under Rule 9.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matter 1 in Table 5 at the end of Section 51. Notes 1. Rule 9.1 a) includes noise from lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities. It does not include home business activities. 2. The measurement and assessment of noise level standards set out in Table 3 must be in accordance with NZS 6801:2008 Acoustics Measurement of Environmental Sound and NZS 6802:2008 Acoustics Environmental Noise. RULE 10 Above-ground telecommunication line Minor upgrading or removal of an above-ground telecommunication line Phone box, radio and telecommunication ancillary equipment, shelter, cabinet Radio and telecommunication depot, workshop Radio and telecommunication mast, tower and associated antenna or equipment Satellite, microwave dish, and associated antenna and equipment Underground telecommunication line, cable
1. An activity listed in Rule 10 is a permitted activity provided: a) It meets the standards in Table 4 at the end of Section 51; and A satellite dish, microwave dish or associated antenna may be higher than the maximum building height in Table 4 if the dish is no greater than 3 m in any dimension. 2. An activity that is not permitted under Rule 10.1 is a restricted discretionary activity. 3 The Council restricts its discretion to matters 1, 2, 3 and 4 in Table 5 at the end of Section 51. Note Under the National Environmental Standards for Telecommunication Facilities, any radio frequency fields emitted must comply with NZS2772.1:179 Radiofrequency Fields: Part 1 Maximum Exposure Levels 3 khz 300 GHz. RULE 11 Water treatment plant, reservoir Water, wastewater, stormwater infrastructure 1. An activity listed in Rule 11 is a permitted activity provided it meets the standards in Table 4 at the end of Section 51. 2. An activity that is not permitted under Rule 11.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matters 1, 3 and 4 in Table 5 at the end of Section 51. 51.5 RESTRICTED DISCRETIONARY ACTIVITIES RULE 12 Dwelling accessory to an industrial activity 1. A dwelling accessory to an industrial activity is a restricted discretionary activity provided it meets the standards in Table 4. 2. The Council restricts its discretion to matters 1, 3, 4 and 7 in Table 5 at the end of Section 51. 3. A dwelling accessory to an industrial activity that is not a restricted discretionary activity under Rule 12.1 is a discretionary activity. 51.6 DISCRETIONARY ACTIVITIES RULE 13 Activities not provided for in the Plan 1. An activity not listed in the Activity Table at the beginning of Section 51, nor in the Summary Table (in the Plan Introduction) is a discretionary activity.
RULE 14 Community facility 1. A community facility is a discretionary activity. 2. A resource consent application under Rule 14.1 shall be assessed without public or limited notification under Sections 95, 95A and 95B of the RMA. RULE 15 Refuse station or recycling operation Sanitary landfill Wastewater treatment plant, treated waste disposal site (including composting) 1. An activity listed in Rule 15 is a discretionary activity. 51.7 NON-COMPLYING ACTIVITIES RULE 16 Activities not provided for in Section 51 1. An activity that is not listed in the Activity Table at the beginning of Section 51, but is listed in the Summary Table (in the Plan Introduction) is a non-complying activity. 51.8 ASSESSMENT STANDARDS, MATTERS AND CRITERIA Table 4 Standards 1. Front yard 6 m 2. Yard from boundary adjoining a non-industrial Area zone 5 m 3. Maximum height 10 m 4. Maximum height in relation to boundary of the Residential Area or Coastal Living Zone 3 m & 45 5. Maximum site coverage 70 % 6. 7. 8. Maximum fence height in a yard that adjoins a non- Industrial Area Maximum lux level received at any point within a notional boundary in a non-industrial/commercial Area, as measured vertically in accordance with professional illumination engineering practice Maximum rows of car parking between the building frontage and the street 3 m 15 lux 1 aisle
Table 5 Restricted Discretionary Activity Matters Matter Assessment Criteria 1. Effects of the standard(s) that are not met a) Whether actions taken to avoid, remedy, or mitigate the effects of not meeting the standards(s) are effective. 2. The suitability of the site for the scale of the proposed activity The degree to which the site can accommodate all aspects of the activity without causing adverse effects that are more than minor. a) The extent to which shading, electromagnetic interference or other adverse effects from the activity affect neighbouring sites. 3. Positive and adverse effects on neighbouring sites The frequency and duration of these effects on neighbouring sites. c) Whether these effects are appropriate to occur in the Industrial Zone, and whether any spill-over of effects into adjacent zones is appropriate. a) How appropriate the infrastructure is for the activity. c) Whether the activity will have any effect on any water, stormwater or wastewater supply and reticulation Whether the activity should be connected to existing reticulation networks. 4. Utility Infrastructure provision and location (including easements) for water, wastewater, solid waste, stormwater, electricity, telecommunications d) Where hydraulic neutrality is not able to be achieved the extent to which the development incorporated low impact design to minimize the increase of stormwater flows and the extent to which the receiving environment can sustain or manage the increased flows. e) Whether easements are appropriate. f) Whether there is technical and practical potential for colocation of infrastructure on a site. g) h) The extent to which the activity will contribute to central and regional government energy policy objectives and renewable energy targets. The extent to which the activity may impact on the integrity of any high voltage transmission line
Table 5 Restricted Discretionary Activity Matters Matter Assessment Criteria 5. Consistency with a Council-approved concept plan, or other plan that outlines staging of an activity a) The extent to which the activity is consistent with this plan. Whether proposed staging can mitigate an existing lack of infrastructure provision or capacity. 6. Reverse sensitivity a) The extent to which the activity may undermine the primary purpose of the site or zone. The extent to which an accessory activity or building is vital to the operation of the industrial activity. a) Whether existing infrastructure and utilities are protected. 7. Off-site effects from earthworks c) The extent to which changes in water drainage to and from adjacent sites because of the earthworks may cause adverse effects, such as ponding, erosion, drainage or flooding. Whether mitigation measures are implemented to avoid earthwork debris being carried into adjacent properties, waterways, estuaries and harbours, also taking into account cumulative effects.