Calaveras County Municipal Code Ch. 17.02 Interpretation of the zoning code

The purpose of this chapter is to provide precision in the interpretation of the zoning code. The meaning and construction of words and phrases defined in this chapter apply throughout the code, except where the context indicates a different meaning.

In interpreting the various provisions of the code, the following rules of interpretation shall apply:

A. General Rules. The following general rules apply to the interpretation and application of the zoning code.

1. The specific controls the general.

2. In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.

3. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

4. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

a. "And" indicates that all connected words or provisions shall apply.

b. "And/or" indicates that the connected words or provisions may apply singularly or in any combination.

c. "Or" indicates that the connected words or provisions may apply singularly or in any combination.

d. "Either... or" indicates that the connected words or provisions shall apply singularly but not in combination.

5. The words "shall", "will", "must", and "is to" are always mandatory and not discretionary. "Should" is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.

6. The present tense includes the past and future tenses, and the future tense includes the past.

7. The singular number includes the plural, and the plural, the singular.

8. All references to departments, committees, commissions, boards, or other public agencies are to those of the county of Calaveras, unless otherwise indicated.

9. All references to public officials are to those of the county of Calaveras, and include designated deputies of such officials, unless otherwise indicated.

B. Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day or time when the county offices or receiving office are closed to the public, 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.

C. State law and Other Code or Regulation Requirements. Where this title refers to provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code), other ordinances of the Calaveras County Code, or any other statute, code, or regulation, the references shall be interpreted to be to the applicable provisions as they may be amended from time to time.

D. Definitions. The director shall make the interpretation for any definition not expressly identified in this zoning code.

E. Interpretation of Land Use Regulation Tables. Land use regulations are established in the land use regulation tables for each zoning district and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the tables or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column of the land use tables refer to other sections of this zoning code. Numbers in parentheses refer to specific limitations listed at the end of the table.

For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the director.

A. Fractions. Whenever this zoning code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

1. General Rounding. Fractions exceeding one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions equal to or less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.

2. Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, shall be rounded up to the next whole number.

B. Measuring Distances.

1. 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.

2. 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.

3. Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances. See also Section 17.16.080, Setbacks.

4. Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as driveways, 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.

5. Measuring 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 from all points along the lot line of the subject project, in all directions.

[Figure: FIGURE 17.02.030.B: MEASURING DISTANCES]

FIGURE 17.02.030.B: MEASURING DISTANCES

C. Measuring Height. Height is measured as the vertical distance from a point on the ground below a structure to a point directly above.

1. Measuring Building Height. Building height is measured from the average base elevation to the highest point on the roof. Average base elevation is determined by taking the elevation of the lowest point at the ground, and the elevation of the highest point at the ground, and finding the average.

[Figure: FIGURE 17.02.030.C.1: MEASURING BUILDING HEIGHT]

FIGURE 17.02.030.C.1: MEASURING BUILDING HEIGHT

2. Measuring Height of Fences or Walls. The height of a fence or wall is measured as the vertical distance from the ground level on the lowest external side of the fence or wall to the highest point of such fence or wall.

[Figure: FIGURE 17.02.030.C.2: MEASURING HEIGHT OF FENCES OR WALLS]

FIGURE 17.02.030.C.2: MEASURING HEIGHT OF FENCES OR WALLS

3. Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.

[Figure: FIGURE 17.02.030.C.3: MEASURING HEIGHT OF DECKS]

FIGURE 17.02.030.C.3: MEASURING HEIGHT OF DECKS

D. Measuring Lot Width and Depth.

1. Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot along a straight line parallel to the front lot line.

2. Lot Depth. Lot depth is measured along a straight line 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.

[Figure: FIGURE 17.02.030.D: MEASURING LOT WIDTH AND DEPTH]

FIGURE 17.02.030.D: MEASURING LOT WIDTH AND DEPTH

E. Determining Average Slope. The average slope of a parcel is calculated using the following formula: S = 100(I)(L)/A, where:

1. S = Average slope (in percent)

2. I = Contour interval (in feet)

3. L = Total length of all contour lines on the parcel (in feet)

4. A = Area of subject parcel (in square feet)

F. Determining Floor Area. The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.

1. Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and two feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.

2. Excluded from Floor Area. Floor area does not include the following:

a. Mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's total floor area;

b. Bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater;

c. Covered porticoes, paseos, corridors, and courtyards designed for use by and accessible to the general public; and

d. In non-residential buildings, areas used for off-street parking spaces or loading spaces, driveways, and maneuvering aisles.

[Figure: FIGURE 17.02.030.F: DETERMINING FLOOR AREA]

FIGURE 17.02.030.F: DETERMINING FLOOR AREA

G. Determining Floor Area Ratio. The Floor Area Ratio (FAR) is the ratio of the floor area of all primary and accessory buildings on a site to the site area. To calculate the FAR, floor is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.

[Figure: FIGURE 17.02.030.G: DETERMINING FLOOR AREA RATIO]

FIGURE 17.02.030.G: DETERMINING FLOOR AREA RATIO

H. Determining Lot Frontage.

1. Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.

2. Through Lot. The front of a through lot abuts the street that neighboring lots use to provide primary access.

I. Determining Setbacks. A setback line defining a required setback is parallel to and at the specified distance from the corresponding front, side, or rear property line or other required measuring point. Required setbacks shall be unobstructed from the ground to the sky except where allowed pursuant to Section 17.16.080, Setbacks, subject to compliance with the Building Code.

[Figure: FIGURE 17.02.030.J: DETERMINING SETBACKS]

FIGURE 17.02.030.J: DETERMINING SETBACKS

J. Measuring Signs. The calculations of measurements related to signs are described in Chapter 17.24, Signs.