Carmel By The Sea City Zoning Code
Division I
GENERAL REGULATIONS
§ 17.02.010 Preamble.
The City of Carmel-by-the-Sea is hereby determined to be primarily, essentially and predominantly a residential City wherein business and commerce have in the past, are now, and are proposed to be in the future subordinated to its residential character and that said determination is made having in mind the history and the development of said City, its growth and the causes thereof, and also its geographical and topographical aspects, together with its near proximity to the cities of Pacific Grove and Monterey, and the businesses, industries, trades, callings and professions in existence and permissible therein.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.020 Title and Authority.
This title of the City of Carmel-by-the-Sea Municipal Code shall be known and cited as the "Carmel-by-the-Sea Zoning Ordinance and Coastal Zone Implementation Plan," or "Zoning Ordinance." This title is adopted pursuant to the authority contained in Section 65850 et seq. of the California Government Code, Division 20 of the Public Resources Code (California Coastal Act), and Title 14, Division 5.5 of the California Code of Regulations (California Coastal Commission Regulations).
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.030 Purpose.
The purpose of this title is to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare and to implement the policies of the City of Carmel-by-the-Sea's General Plan and Coastal Land Use Plan. More specifically, this title is intended to:
A.
Provide a precise guide for the physical development of the City in order to preserve the residential village character of the City and perpetuate a balance of land uses that are compatible with local resources and the environment;
B.
Conserve and enhance the City's architectural, historical, cultural and natural resources, including the scenic quality of Carmel as a coastal community; and
C.
Preserve the traditional characteristics of scale, site design and sensitivity to neighboring sites in all districts; encourage construction that is diverse and innovative in design yet compatible with Carmel's forest setting and natural environment.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.040 Organization.
A.
Structure of Regulations. This title consists of six divisions:
B.
Regulations. Four types of zoning regulations control the use and development of property:
1.
Administrative Regulations. These regulations contain detailed procedures for the administration of this title and enforcement of zoning regulations, including rules for construction of language, rules for measurement, and rules for interpretation. Administrative regulations are contained in Division V.
2.
Land Use Regulations. These regulations govern land uses permitted, those permitted with certain limitations, conditionally permitted, or prohibited in each zoning district and includes special requirements, if any, applicable to temporary and specific uses. Land use regulations for base zoning districts are in Division II of this title. Land use regulations for overlay districts and for community plan districts are in Division III. Certain regulations applicable in all or several districts are in Division IV.
3.
Development Regulations. These regulations control the height, bulk, location, and appearance of structures and the physical layout of property. Development regulations for base zoning districts are in Division II of this title; development regulations for overlay districts are in Division III. Certain development regulations applicable in more than one class of base or overlay districts are in Division IV. These include standards for specific uses and structures, regulations for historic preservation, landscaping, off-street parking and loading, nonconforming buildings and uses, signs, stormwater quality and utility, and subdivisions and lot line adjustments, telecommunications and wireless facilities, tree and shrub maintenance and protection, and water management programs.
4.
Terms and Uses. Division VI includes a summary list, with cross-references, of definitions for terms used in the Zoning Ordinance and use classifications.
C.
Graphic Illustrations. The illustrations are included for the purposes of explanation and clarification. Where a graphic is in conflict with the text or provisions of this title, the text shall govern.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.050 General Rules of Applicability.
A.
Applicability. This title shall apply, to the extent permitted by law, to all property in incorporated City of Carmel-by-the-Sea, whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the City of Carmel-by-the-Sea; or by any authority or public entity organized under the laws of the State of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the City of Carmel-by-the-Sea.
B.
Compliance with Regulations.
1.
It shall be unlawful for any building or structure to be moved, erected, used, altered, enlarged, or rebuilt or for any use to be established or changed that does not strictly conform to the provisions of this title.
2.
It shall be unlawful for any yard, open space, or land to be used for any purpose or in any way not specifically permitted by this title.
3.
No department, official, or employee of the City of Carmel-by-the-Sea vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no permit or license shall be issued by any department, official, or employee of the City of Carmel-by-the-Sea for any building, structure, or use subject to the requirements of this title on a parcel of land where the department official or employee is aware that a violation of this title exists.
C.
Public Nuisance. Neither the provisions of this title nor the approval of any permit required by this title shall authorize any public nuisance to be maintained on any property.
D.
Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title or by California statutes shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
E.
Requests for Notice. Where this chapter requires that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the Director.
F.
Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other City code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified.
G.
Relation to Prior Ordinance. The provisions of this title supersede all prior zoning ordinances, as amended, of the City of Carmel-by-the-Sea. However, no provision of this title shall validate or legalize any use or structure established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless specifically authorized by this title.
H.
Time of Approval. All approvals granted pursuant to the provisions of this title by the Director, Historic Resources Board, Planning Commission, or City Council are effective upon the granting of the permit or approval or after any time – which may be allowed by law for appeal of the permit, approval, or other action – has been completed. Where good reason exists, the effective time of approval may be modified by the permit or approval.
I.
Extension of Time for Holidays and Weekends. If a deadline for compliance with the provisions of this title falls on a weekend or holiday, the time for performing such an act shall be extended to the next working day.
J.
Application During Local Emergency. Pursuant to Chapter 2.64 CMC, the Director or Assistant Director of Emergency Services may authorize a deviation from one or more provisions of this title during a local emergency declared and ratified under the Carmel-by-the-Sea Municipal Code. The Director or Assistant Director may authorize such deviations without notice or public hearing. (Amended during 8/09 update; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
§ 17.02.060 Consistency with the General Plan and the Coastal Land Use Plan.
A.
An application for any permit, license, or approval submitted pursuant to this title shall not be accepted as complete for processing unless it is consistent with the land use designation described in the General Plan and the Coastal Land Use Plan. However, the concurrent filing of a permit or license with a General Plan/Land Use Plan amendment application and/or an amendment to the Zoning Code/Implementation Plan shall be allowed. In such cases, the permit or license application(s) shall be considered incomplete for purposes of implementing the Permit Streamlining Act until final action has been taken on the amendment(s) to the General Plan/Land Use Plan/Zoning Ordinance/Implementation Plan. In any case, where there is a conflict between this title and the General Plan and Coastal Land Use Plan, the General Plan and Coastal Land Use Plan shall prevail.
B.
Approval or issuance of any permit or license pursuant to this title shall require a determination of consistency with the Carmel General Plan and Coastal Land Use Plan, all applicable specific plans, and other applicable laws, titles, ordinances, codes, policies, and regulations.
C.
A proposed use is consistent with all elements of the Carmel General Plan and Coastal Land Use Plan when all the following conditions exist:
1.
The proposed use is compatible with the land use designation in which the use is located, as shown by the General Plan diagram and/or as described in the text of the Land Use and Commercial Character Element of the General Plan and the Coastal Land Use Plan.
2.
The proposed use is in conformance with, or would not impede implementation of, the goals and policies of the General Plan and the Coastal Land Use Plan and the intent thereof.
3.
The proposed use is established and maintained in a manner consistent with all elements of the General Plan and the Coastal Land Use Plan, and all applicable provisions contained therein.
4.
The proposed physical development conforms with the goals and policies of the General Plan and the Coastal Land Use Plan, including, but not limited to, such design considerations as:
a.
Providing public access, recreational use of, and views to open-space lands, while protecting natural resources;
b.
Maintaining a mix of commercial uses compatible with the character of Carmel-by-the-Sea as a residential village; and
c.
Ensuring that design considers such items as natural site features; architectural, environmental and cultural preservation; usable open space; and relationship to surrounding uses in terms of scale, siting, architectural features and neighborhood development patterns.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.070 Unlawful Acts.
A.
It is unlawful:
1.
To use any building, structure, improvement or premises within any district for any purpose not permitted by the provisions of this title relating to the district;
2.
To erect, construct, establish, alter, enlarge, or move any building, structure or improvement within any of the districts which is designed, arranged or intended to be occupied or used for any purpose not permitted by the provisions of this title relating to the district;
3.
To erect, construct, establish, alter, enlarge or move any building, structure or improvement or occupy any premises contrary to the regulations and limitations prescribed in this title regarding building height, building site requirements, percentage of coverage, and front, side and rear yard setbacks, or to violate the terms of a use permit;
4.
To include land used as part of a building site – required for one building – in the building site for another building, if the inclusion will reduce the size of the first building site to less than the minimum amount required in this title;
5.
To erect, construct, or move any building in any commercial or R-4 district unless such building will have all usable accesses onto the property or into such building at the property line at official grade as established by City ordinance. In the event that adjoining City property is not yet at official grade when a building permit is issued, access will be allowed at other than official grade. Any deviation from official grade shall be constructed so that the property owner can readily alter the access to meet official grade without cost or damage to the City and without a major alteration to the structures on private property at the time the street or sidewalk are brought to official grade; and
6.
To dispose of, clean from tools, or store, any solvents, paint, plaster, adhesives, tar, concrete, or other hazardous material in a way that results in the above mentioned material coming into contact with soil anywhere in the City or being disposed of anywhere but in a legal disposal site.
B.
It is unlawful for the owner, tenant, lessee or occupant of any property to permit any of the acts described in this title.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.080 Violations of This Title.
Any person using any building, structure, or parcel of land in violation of any provision of this title is guilty of a misdemeanor and shall be prosecuted to the fullest extent of the law under Chapter 17.66 CMC, Enforcement.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.090 Relationship to Other Regulations and Requirements.
A.
Except as otherwise provided herein and by applicable State or Federal law, the regulations of this title and requirements or conditions imposed pursuant to this title shall supersede all other regulations or requirements adopted or imposed by the Carmel-by-the-Sea City Council, any board, commission, or department of the City of Carmel-by-the-Sea, or any other local, State, or Federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. In the event of a conflict between the regulations of this title and any other regulations or requirements adopted or imposed by the City of Carmel-by-the-Sea or by any of the boards, commissions or departments, the regulations imposed pursuant to this title shall take precedence. In the event of a conflict between the regulations of this title and the General Plan/Land Use Plan, the latter shall take precedence.
B.
In no case shall the time limit for action required by this title for any approving body exceed time limits as set forth in Government Code Section 65920 et seq., otherwise known as the Permit Streamlining Act.
C.
To the extent that this title quotes or paraphrases any State or Federal Statute for convenience and any conflict is discovered, or is created through amendment, the State or Federal Statute shall control and shall be cause for an amendment to this title.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.100 Buildings Under Construction.
Any building or structure for which a coastal development permit and a building permit have been issued prior to the effective date of the ordinance codified in this title, or any amendment to this title, may be completed and used in accordance with the plans, specifications, conditions and other permits on which said coastal development permit and building permit were granted, as long as the coastal development permit has not expired before construction has begun and construction is commenced within one year after the issuance of the permit and diligently pursued to completion as determined by the Building Official. No extensions of time shall be granted for commencement of construction if any provision of this title has been amended so as to make the building, structure or permits nonconforming to the provisions of this title.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.110 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The Carmel-by-the-Sea City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.120 Fees.
The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full. A partial refund of fees shall be allowed according to the following schedule:
Refund Amount | Processing Stage |
|---|---|
75% | Project/application withdrawn before a determination that the application is complete |
50% | Project/application withdrawn after it is deemed complete but prior to any public notice, public hearing or completion and public release of any staff report |
None | Project/application withdrawn after any public notice, public hearing or completion and public release of any staff report |
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.02.130 Amendments Affecting Pending Applications.
Actions or decisions on permits or applications shall conform to all regulations in effect on the date of the final decision, unless the adopting language of any new ordinance that changes regulations applicable to the project or permit specifies otherwise.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.04.010 Purpose.
The public health, safety, welfare, convenience and comfort in the City require that the use of private property be regulated and that districts and zones be established throughout the City, within some of which it is lawful and in others unlawful to erect, alter, or maintain certain buildings, or to make certain uses of property, and in all of which certain uses shall be prohibited.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.04.020 Districts Established.
Every part of the City is classified into districts or zones, the designation and the regulations of which are set forth in this title. Unless otherwise shown on the official zoning map, zoning boundaries that follow a street shall run along the street centerline. In case any of the streets or alleys have been or are hereafter vacated or abandoned, the land embraced in such abandoned area shall take the district classification of the property to which it reverts. For each of such districts there are imposed certain regulations and limitations on the uses of land, the use, height and bulk of buildings and the open spaces around buildings.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.04.030 Residential Districts Established.
The residential area is divided into two land use districts for the purpose of providing an appropriate geographic distribution of land uses of varying intensity and community impact. The primary goal of these districts is to preserve and protect the predominantly residential character of the City by providing a balanced mix of residential densities in accordance with the General Plan/Local Coastal Program Land Use Plan. This goal is to be achieved by:
A.
Locating higher density residential uses in proximity to the village center and lower density residential uses outside of the commercial area;
B.
Providing distinctly different design standards appropriate to the low-density residential uses in noncommercial areas and the higher density residential uses near the village center;
C.
Encouraging residential uses in close proximity to park and open space resources; and
D.
Providing for existing nonresidential uses such as churches, schools, nonprofit organizations and other quasi-public uses on existing sites.
Residential districts are established and designated as follows: |
District Name | Designation |
|---|---|
Single-Family Residential District | R-1 |
Multifamily Residential District | R-4 |
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.04.040 Commercial Districts Established.
The commercial area is divided into three land use districts for the purpose of providing an appropriate geographic distribution of land uses of varying intensity and community impact. The primary goal of these districts is to preserve and protect the predominantly residential character of the City by providing a balanced mix of commercial and residential uses in accordance with the General Plan. This goal is to be achieved by:
A.
Locating intense commercial activities in the core of the commercial area;
B.
Providing a transition from intense uses in the commercial core to less intense uses in the residential districts;
C.
Controlling the number, type and distribution of similar uses among the different districts;
D.
Encouraging a mix of commercial, residential and community activities throughout the commercial area; and
E.
Excluding those commercial activities which conflict with the protection of the City's residential character and unique village atmosphere, and which can be and are provided outside the City but within the region.
Commercial districts are established and designated as follows: |
District Name | Designation |
|---|---|
Central Commercial | CC |
Service Commercial | SC |
Residential and Limited Commercial | RC |
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.04.050 Public and Quasi-Public Districts Established.
Five public and quasi-public land-use districts are created for the purpose of providing an appropriate geographic distribution of community services and open space. The primary goals of these districts are to preserve and protect the predominantly residential character of the City, provide community services, parks and open spaces and protect environmental resources in accordance with the General Plan/Local Coastal Program Land Use Plan. These goals are to be achieved by:
A.
Locating parks and open space areas throughout the City for the convenience of residents;
B.
Creating space for theaters and cultural facilities in the community to promote the arts;
C.
Creating space for community centers to promote art and culture and to provide space for community functions; and
D.
Creating space for services and activities tailored to the enhancement of living for senior citizens in the community.
Public and quasi-public districts are established and designated as follows: |
District Name | Designation |
|---|---|
Natural Parklands and Preserves District | P-1 |
Improved Parklands District | P-2 |
Theatrical District | A-1 |
Community and Cultural District | A-2 |
Senior Citizen Facility District | A-3 |
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.04.060 Overlay Districts Established.
Six overlay districts are created. The primary goal of these districts is to preserve and protect the predominantly residential character of the City by protecting coastal and other important community resources in accordance with the Local Coastal Program Land Use Plan and General Plan. This goal is to be achieved by:
A.
Protecting and preserving areas of historic and archeological significance;
B.
Minimizing impacts from development on sites adjacent to park and open space areas;
C.
Minimizing impacts from development and uses on or near the beach area;
D.
Protecting environmentally sensitive habitat areas; and
E.
Preserving neighborhood subdivision patterns in areas annexed from the county.
Overlay districts are established and designated as follows: |
District Name | Designation |
|---|---|
Archaeological Significance Overlay District | AS |
Park Overlay District | PO |
Beach and Riparian Overlay District | BR |
Environmentally Sensitive Habitat Area Overlay District | ESHA |
Annexed County Lots Overlay District | C |
Downtown Conservation District | DC |
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.04.070 Official Zoning Map.
The boundaries of the zoning districts established by this title are not included in this title but area shown on the official zoning map maintained by the Planning Director. The official zoning map and all notations, references, and other information shown thereon shall be as much a part of this title as if the matters and information set forth on such maps were fully described herein. Figure I-1, following, shows a small-scale duplicate of the official zoning map[1].
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
[1]
Editor's Note: The City Zoning Map is included as an attachment to this title.
§ 17.06.010 Rules for Construction of Language.
In addition to the general provisions of this title, the following rules of construction shall apply:
A.
The particular controls the general.
B.
Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
C.
References to departments, commissions, boards, or other offices are to those of the City of Carmel-by-the-Sea unless otherwise indicated.
D.
References to a public official in the City is to that person who performs the function referred to and includes a designated deputy of such official.
E.
All references to days are to calendar days unless otherwise indicated.
F.
Section and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.
G.
The words "activities" and "facilities" include any part thereof of the activity or facility.
H. "Director"
means the Community Planning and Building Director or the Director's designee.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.06.020 Rules of Measurement.
A.
Purpose. This section explains how various measurements referenced in this title are to be calculated.
B.
General Provisions.
1.
Applicant Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements. These drawings shall be drawn to scale and shall be of sufficient detail to allow easy verification upon inspection by the Director.
2.
Fractions. When calculations result in fractions, the results will be rounded as follows:
a.
Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result will be rounded up to the next consecutive whole number. For example, if a minimum requirement of one tree for every 30 lineal feet is applied to a 50-foot strip, the resulting fraction of 1.37 is rounded up to two required trees.
b.
Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum floor area limit for guesthouse is applied to a 7,500-square-foot lot, the resulting number of 422.5 is rounded down to 422 allowed square feet.
3.
Measuring Distances. Distances shall be measured as follows:
a.
Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
b.
Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. Exceptions are stated in subsection (B)(3)(c) of this section.
c.
Measurement of Vehicle Stacking or Travel Areas. The minimum travel distance for vehicles, such as a garage-entrance setback, is measured down the center of the vehicle travel area. For example, curving driveways are measured along the center arc of the driveway.
C.
Required Area for a Building Site.
1.
Existing Buildings. The ground area needed for legal construction of a building at the time of construction shall be one building site. If the building could not be legally built on the same ground area at the present time, the building site shall be called a nonconforming building site.
2.
Vacant Land. The land area required by the standards in the base zoning districts shall be a legal building site if the land area is a legal lot of record or if the land area was legally reconfigured in conformance with the Subdivision Map Act of the State and the provisions for subdivision or lot line adjustments established in Chapter 17.44 CMC, Subdivisions and Lot Line Adjustments.
3.
Multiple Lots on One Building Site. The ground area of a building site may be comprised of more than one lot. The ground area of more than one lot may be required by existing or proposed buildings on a site pursuant to CMC § 17.10.020(B). Each building site must retain a ground area and setbacks consistent with all provisions of this code. Each building site must be composed of original lots of record or composed of new lots legally reconfigured from original lots in conformance with the Subdivision Map Act of the State and the provisions for subdivision or lot line adjustments established in the municipal code.
D.
Determining Buildable Area. For the purposes of calculating allowable building volume and floor area, the buildable area of a lot shall be the lot area, minus the following:
1.
Continuous portions of the site, occupying at least 10 percent of the site area, with a slope greater than 30 percent (e.g., see steep slope areas in Figure I-2).
2.
The "pole" of a flag lot;
3.
Private access roads;
4.
Those portions of a site qualifying as Environmentally Sensitive Habitat Areas (ESHA) as provided for in Article V of Chapter 17.20 CMC, Environmentally Sensitive Habitat Area Overlay District; and
5.
Scenic, habitat, coastal access or conservation easements.
Figure I-2: Buildable Area  |
E.
Average Slope.
1.
Average Slope. The average slope of a lot is calculated by subtracting the average elevation of the uphill lot line and the average elevation of the downhill lot line and dividing the sum by the average distance between the two lot lines. The average elevation of the uphill or downhill lot line is calculated by adding the elevations at the ends of the lot line and dividing by two.
2.
Average Percent of Slope. The ratio between vertical and horizontal distances expressed in percent, the mathematical expression of which is based upon the formula below:
Vertical Distance | X | 100 = Average Percent Slope |
Horizontal Distance |
Figure I-3: Average Slope  |
F. "Average grade"1. 2. 3. 4.
Grades. "Existing grade" is the set of elevations representing the surface of the ground prior to grading, filling, or other site alterations for a project. On developed sites, as each topographic line passes beneath a building it shall be assumed to be a straight and level line for purposes of defining existing grade. Existing grade may also be referred to as natural grade (See Figure I-4).
On sites disturbed from previous grading or excavation activities, an approximation of preexisting conditions may be used as a reference for determining average or existing grade using grades on adjacent sites, retaining walls and prior survey maps. All such grade approximations shall require the concurrence of the Department and a determination that the resulting project complies with all requirements of the Zoning Ordinance, avoids large exposed cuts and unnatural topography and is consistent with R-1 design objectives.
is a horizontal line approximating the ground elevation through each building on a site, used for calculating the exterior volumes of buildings. Average grade is calculated separately for each building. Average grade is calculated in four steps:
Plot the ground level perimeter of the building on a topographic map of the site using one-foot contour intervals. Assign an elevation of "zero" for the lowest contour line that passes through the building perimeter.
For each contour line that intersects the building perimeter, draw a straight line through the building that connects the point of intersection to where the same contour line emerges from the building perimeter (see Figure I-4, below).
For each line drawn in Step 2, multiply its length by its elevation (above the "zero" contour line) and then sum all results.
Divide the sum from Step 3 by the sum of the lengths of all lines drawn. The resulting elevation above the "zero" contour line is extended as a horizontal line through the building as average grade.
Figure I-4: Existing Grade  |
G.
Exterior Volume. The maximum allowable exterior volume is calculated by multiplying a volume factor in CMC § 17.10.030(C) by the allowed base floor area, subject to the following:
1.
Exterior volume is expressed in cubic feet and is measured from the exterior wall and roof surfaces of each building. The exterior volume of the building shall be based on the height of the exterior walls above both the average existing grade and the average final grade. Where the average grade line lies below a building, the exterior walls of the building are projected down to average grade to calculate its volume. Portions of a building located below average grade are excluded from exterior volume.
2.
Exterior volume includes all dwellings, guesthouses, accessory dwelling units, garages, carports, chimneys, storage sheds, projecting windows and covered porches.
3.
Exterior volume also includes the volumes in and under any attached or freestanding arbor or trellis and under that portion of any roof eave extending more than 18 inches from the face of any building.
4.
Decks or balconies with a walking surface more than three feet above final grade shall count as exterior volume as measured from the deck surface to the top of any rail or enclosing wall. Any deck or balcony with a floor level less than three feet above final grade will be excluded from the volume total.
Figure I-5: Determining Exterior Volume  |
H.
Determining Base Floor Area. The maximum allowable base floor area shall be calculated by multiplying the buildable area of the lot by the maximum percentage presented in the development standards for each zone.
I.
Determining Floor Area Ratio. The floor area ratio shall be expressed as percentage of the buildable area of the parcel of land upon which the building rests. For above-ground spaces, floor area is measured at the exterior of the enclosing walls. For basement spaces, floor area is measured at the interior of the enclosing walls.
J.
Resubdivided Corner Lots. Resubdivided corner lots are those created through a lot line adjustment by reorienting a lot line 90 degrees running between two adjacent original lots of record, one of which is located at the corner of a block and the other is adjacent to the corner lot and fronting on the same street. Each lot created by this action is considered a resubdivided corner lot for purposes of establishing front setbacks.
K.
Determining Lot Coverage. The total ground area of a lot occupied by materials or improvements that cover the natural soil but which are outside the perimeter of structures that count as floor area. Lot coverage includes:
1.
Fully permeable materials including gravel, spaced decking and exterior stairs. However, shredded bark, wood chips and similar materials used as mulch within fully landscaped areas are not counted as lot coverage;
2.
Semi-permeable materials including sand-set bricks or pavers, garden walkways of small paving stones, and arbors; and
3.
Impermeable materials including asphalt, concrete, decomposed granite, mortared brick and stone, unspaced decking and balconies at any level, garden walls, solariums, bridges, sheds not counted as floor area, ponds, hot tubs and swimming pools.
L.
Measuring Height.
1.
Measuring Building Height. The height of buildings shall be measured as the plumb vertical distance from existing or finished grade (whichever is more restrictive) to the highest point on the roof.
2.
Measuring Height of Other Structures. The height of other structures, such as fences, is the vertical distance from the ground level immediately under the structure to the top of a structure. Special measurement provisions are also provided below.
M.
Measuring Lot Widths and Depths.
1.
Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line.
2.
Lot Width. The average horizontal distance between the side lot lines measured at right angles to the lot depth from the required front yard setback and from the required rear yard setback or from the rearmost point of the lot depth in cases where there is no rear lot line. The width of a nonrectangular lot shall be the mean length of the front and rear property lines.
N.
Measuring Setbacks.
1.
Front Setbacks. Front setbacks shall be measured from the property line adjacent to the street fronting the property. On corner lots with two street frontages, the shortest frontage shall be considered the front, regardless of where the driveway or front entry is located. See subsection (N)(5) of this section for flag lot exceptions.
2.
Rear Setbacks. Rear setbacks shall be measured from the property line most directly opposite the front. See subsection (N)(5) of this section for flag lot exceptions.
3.
Side Setbacks. Side setbacks shall be measured from the property lines not defined as front or rear.
4.
Composite Side Setbacks. Composite side setbacks shall be calculated as the sum of both side setbacks. When calculating a composite side setback, any combination of the side setbacks may be used (for example a 10-foot composite side setback could be composed of five feet on both sides or three feet on one side and seven feet on the other). Different combinations may be used at different places on the site to allow for different building shapes. Composite side setbacks shall be measured along lines parallel to the front property line. On a flag lot the setback is measured along lines parallel to that line of the "flag" portion of the lot closest to the street.
5.
Flag Lots. For flag lots, the front setback applies only to the first 15 feet of the "pole" near the street. All other setbacks apply to the "flag" portion. The "flag" portion will have two "rear" setbacks – one near (and perpendicular to) the pole and the other opposite to this. Setbacks on flag lots shall be measured by excluding the access strip or easement using only the bulk of the lot.
O.
Measuring Sign Area. In computing the maximum permissible sign area or display surface, standard mathematical formulas for known or common shapes will be used. Brackets or other appurtenances incorporating design elements that are descriptive or informative of the business use shall be included as part of the sign area.
1.
Multi-Faced Signs. All faces of a multi-faced sign shall be included in the calculation of area except for a double-faced hanging or monument sign, in which case only one face shall be included.
2.
Irregularly Shaped Sign. The sign area shall include the smallest rectangle that wholly contains the sign.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2017-10 § 2, 2017)
§ 17.06.030 Rules for Interpretation.
A.
Zoning Text. In the implementation of this title, the Director shall determine the intent of all provisions. The determination of the Director may be appealed in accordance with the provisions of Chapter 17.54 CMC, Appeals.
B.
Zoning Map. The following rules shall apply to zoning boundary determinations:
1.
District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.
2.
Where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map or by the Director or the Planning Commission. This rule shall not apply to the AS overlay district.
3.
Where the AS overlay boundary divides a building site, the entire building site shall be treated as within the overlay district.
4.
District boundaries shown as approximately following right-of-way lines of streets or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.
5.
District boundaries shown as lying within right-of-way lines of streets, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.
6.
District boundaries shown as lying at the edge of a body of water shall be construed to follow the adopted 100-year floodplain identified for the watercourse.
C.
Record of Interpretation. The Director shall keep a record of interpretations made pursuant to this section that shall be available to the public.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)