(A) Intent. This section of the Chapter is intended to describe the rules of interpretation and the rules of measurement relative to planning and zoning regulations.
(B) Rules for construction of language. In interpreting the various provisions of this Chapter, the following rules of construction shall apply:
(1) The particular controls the general. Whenever a general provision in a rule shall be in conflict with a particular provision in the same or another rule, the two shall be construed, if possible, so that effect may be given to both. If the conflict between the two provisions is irreconcilable, the particular provisions shall prevail and shall be construed as an exception to the general provision.
(2) Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
(a) The word
AND indicates that all connected words or provisions shall apply.
(b) The word
AND/OR indicates that the connected words or provisions may apply singly or in any combination.
(c) The word
OR indicates that the connected words or provisions shall apply singly but not in combination.
(d) The word
EITHER/OR indicates that the connected words or provisions shall apply singly but not in combination.
(3) In case of conflict between the text and a diagram or graphic, the text controls.
(4) All references to departments, committees, commissions, boards, or other public agencies are to those of the city, unless otherwise indicated.
(5) All references to public officials are to those of the city, and include designated deputies, assistants, and appointees of such officials, unless otherwise indicated.
(6) All references to
DAYS are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the city offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period. The CLOSE OF BUSINESS means the time of day that city offices, as determined by the City Manager, are closed.
(7) All references to
SECTION, CHAPTER, or ARTICLE shall refer to those sections, chapters or articles under this Chapter unless another meaning is clear from the context of the reference.
(8) The words
SHALL, WILL and MUST, are always mandatory and not discretionary. The words SHOULD and MAY are permissive.
(9) The present tense includes the past and future tenses, and the future tense includes the past.
(10) The singular number includes the plural, and the plural, the singular.
(11) The term
DIRECTOR shall refer to the Development Services Department Director or his/her designee.
(12) Sections 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; they are merely presented for organizational clarity and guidance.
(C) Rules for measurement. The purpose of this section is to explain how the following measurements referred to in this Chapter are to be calculated.
(1) Applicant's responsibility. The applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project, which shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Development Services Director ("Director") or authorized designee.
(2) Fractions. Unless otherwise stated, whenever a required arithmetical calculation contains a fraction of a whole number, fractions of ½ or greater shall be rounded up to the nearest whole number and fractions of less than ½ shall be rounded down to the nearest whole number.
(3) Measurements. The following describes how measurements are determined for certain zoning requirements. If there is a question regarding measurements, the Zoning Administrator shall be responsible for interpretation, clarification and final determination of measurement methods.
(a) Minimum 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.
(b) Horizontal distance. 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.
(c) Shortest distance. Measurements involving a structure, such as required yards, separations between buildings, or distances between structures, are made to the closest support wall, post or column of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances, but shall not encroach over the property line.
(d) Vehicle stacking or travel areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
(e) Underground structures. Structures or portions of structures that are entirely underground are not included in measuring required zoning setback distances, but shall not encroach over the property line.
(f) Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line.
(g) Height. Height is measured as the vertical distance from the finished grade adjacent to the structure to the highest point of any portion of a structure, unless excepted by Vol. II, § 1-6-2. The Zoning Administrator shall determine height measurements for sloping properties.
1. Fences and walls. When measuring fence/wall heights on properties which are characterized by notable topographical features, such as properties with slopes, elevation deviations, washes, swales, rock outcrops and other like features, building and code officers and/or inspectors shall look for reasonable compliance with fence/wall height standards. On these properties, some variations in fence/wall heights are expected.
2. Retaining walls. The height of a fence that is on top of a retaining wall is measured from the ground level on the highest side of the fence and wall.
3. Decks. Deck height is determined by measuring from the grade immediately under the deck to the top of the floor of the deck.
(h) Minimum lot width. Minimum lot width is the distance between side lot lines measured perpendicular to the lot depth at the front setback line. Minimum lot width measurement for flag lots shall be interpreted by the Zoning Administrator.
(i) Lot depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line. Lot depth for new parcels shall not be more than four times the lot width unless waived by the Zoning Administrator due to unique environmental or geographic conditions.
(j) Minimum lot area. Minimum lot area shall be calculated as net land area, with the exception of the RS-GR, RS-54 and RS-54M zoning districts, which shall be calculated as gross land area. The minimum lot size requirements are identified in Vol. II, Tables 5-2 and 5-4.
(k) Floor area. For zoning purposes, floor area is the sum of the gross horizontal areas of the several stories of the building measured from the exterior faces of the exterior walls or from the center
line of party walls. Included shall be any basement floor, mezzanines, elevator shafts, and stair wells and enclosed porches. The floor area of accessory uses and of accessory buildings on the same lot shall be included.
(l) Floor area ratio. The floor area ratio ("FAR") is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals 20,000 square feet, and the lot area is 10,000 square feet, the FAR is expressed as 2.0.
(m) Lot coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios and porches, shall be added together in order to calculate lot coverage. The calculation excludes the following structures:
1. Decks, patio slabs, porches, landings, balconies and stairways when unenclosed, unroofed, and/or uncovered;
2. Eaves and roof overhangs projecting up to 2½ feet from a building wall;
3. Trellises and similar structures that do not have solid roofs;
4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
(n) Lot frontage. The front side of the lot subject to front setback requirements. For corner lots with multiple frontage, the narrowest dimension of the lot with street frontage shall generally be designated as the front of the lot. In the case of uncertainty, the Zoning Administrator shall determine which lot frontage shall be used for front setback purposes.
(o) Through lot frontage (double frontage lot). The front yard borders the street primarily used as frontage by neighboring lots. If both street fronts of the through lot are adjacent to lots that also front onto the same street, both street fronts of the through lot shall be considered as required front yards for the purpose of determining building setbacks and fence height requirements. In the case of uncertainty, the Zoning Administrator shall determine which lot frontage(s) shall be used for front setback purposes.
(p) Front setbacks. The minimum front setback shall be measured as the distance between any building and the road right-of-way fronting the property. For properties fronting a private street, the front setback shall be measured from the edge of the private access way.
(q) Side setbacks. The minimum required distance between any buildings and the side lot line(s) or road right-of-way(s) on the side of the property. Side setbacks along a public street (i.e., street side setbacks) may be different than side setbacks along an interior lot (i.e., interior side setbacks). Side setbacks along a private street shall be measured from the edge of the private access way.
(r) Rear setbacks. The minimum required distance between any buildings and the rear lot line(s) or road right-of-way(s) at the rear of the property, whichever is less.
(s) Setbacks from alleys. Setbacks from a dedicated alley shall be treated the same as a side or rear setback from an interior lot line. In computing the minimum setback for any lot abutting an alley, no part of the width of the alley may be considered as part of the required setback.
(Ord. 1402, passed 5-6-2014)