Morro Bay Municipal Code § 17.02.030 Rules of measurement

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

(Ord. No. 662, § 2, 12-13-23)

In interpreting the various provisions of this title, 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. 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.

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. For purposes of the IP, "shall," "will," "must" and "is to" are always mandatory; "should" and "may" are mandatory, unless there is a compelling reason to do otherwise; and "including" means "including but not limited to."

6. The present tense includes the past and future tense, 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 city of Morro Bay, unless otherwise indicated.

9. All references to public officials are to those of the city of Morro Bay, 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 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.

C. Definitions. The director shall make the interpretation for any definition not expressly identified in this title.

D. Uncertainty of Boundaries. If an uncertainty exists as to the boundaries of any district shown on the official zoning map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams or railroads shall be construed to follow such centerlines.

2. Boundaries indicated as approximately following lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.

3. Where a zone district or area boundary approximately follows the shoreline of the Pacific Ocean, the boundary shall be construed to follow the mean high tide line.

E. Parcels Containing Two or More Zoning Districts.

1. For parcels containing two or more zoning districts, the location of the zoning district boundary shall be determined by the director.

2. For parcels containing two or more zoning districts, the applicable regulations for each district shall apply.

(Ord. No. 662, § 2, 12-13-23)

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 title 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 of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.

2. Density Rounding. For purposes of computing the maximum number of residential units allowed on a lot, any fractions equal to nine-tenths or larger shall be rounded up to the next whole number and any fraction less than nine-tenths shall be rounded down to the next whole number except as provided below.

a. Exception for State Affordable Housing Density Bonus. Each component of any density calculation related to projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, including base density and bonus density, resulting in fractional units shall be separately 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 point of an exterior wall or support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

4. Measurement of 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.

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.

6. Measuring Setbacks. See Subsection 17.02.030 J, Determining Setbacks (Yards).

[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 level of the highest and lowest point of that portion of the lot covered by the building, as measured to the topmost point of the roof or the top rail of a roof deck.

a. When measuring the various levels on a lot to calculate the height, the grades in existence on the effective date of this title (1/12/2024) shall be used; any fill added to the site since that date shall be deducted from present grade elevations and any areas cut since that date may be added to the present grade elevations when measuring building height.

b. When measuring height along the waterfront, height is determined by average grades of the land portion of the site, not including the bank.

[Figure: FIGURE 17.02.030(C)(1): MEASURING BUILDING HEIGHT]

FIGURE 17.02.030(C)(1): MEASURING BUILDING HEIGHT

2. Measuring the Number of Stories. In measuring the number of stories in a building, the following rules shall apply:

a. An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.

b. A basement shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than six feet at any point.

c. A story shall not exceed twenty feet in height from the upper surface of the floor to the ceiling above.

[Figure: FIGURE 17.02.030(C)(2): MEASURING THE NUMBER OF STORIES]

FIGURE 17.02.030(C)(2): MEASURING THE NUMBER OF STORIES

3. 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)(3): MEASURING HEIGHT OF FENCES OR WALLS]

FIGURE 17.02.030(C)(3): MEASURING HEIGHT OF FENCES OR WALLS

4. 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. The top rail of any deck shall not exceed the height limitations of the district in which the deck is located.

[Figure: FIGURE 17.02.030(C)(4): MEASURING HEIGHT OF DECKS]

FIGURE 17.02.030(C)(4): 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 depth at the required front setback line.

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

[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 building code) that is below the roof and within the outer surface of the main walls of primary 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 thirty inches or greater;

c. Areas that qualify as usable open space;

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

e. In non-residential buildings, areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are located below the finish grade of the property.

[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, excluding the areas described below, of all primary and accessory buildings on a site to the site area. To calculate the FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals twenty thousand square feet, and the site area is ten thousand feet square feet, the FAR is expressed as 2.0.

1. Excluded from Floor Area in Calculating FAR.

a. Underground Areas. Floor area located below finished grade.

b. Parking. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is less than six feet.

[Figure: FIGURE 17.02.030(G): DETERMINING FLOOR AREA RATIO]

FIGURE 17.02.030(G): DETERMINING FLOOR AREA RATIO

H. Determining 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 primary and accessory structures, including garages, carports, covered patios, roofed porches, and uncovered patios, decks, and landings more than thirty inches in height, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculation:

1. Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways less than thirty inches in height;

2. Eaves and roof overhangs projecting up to three feet from a wall;

3. Trellises, pergolas, and similar structures that have roofs or coverings that are at least fifty percent open to the sky with uniformly distributed openings;

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks; and

5. One small, non-habitable accessory structure under one hundred twenty square feet in size and less than eight feet in height. Structures above quantity of one shall be included in lot coverage.

[Figure: FIGURE 17.02.030(H): DETERMINING LOT COVERAGE]

FIGURE 17.02.030(H): DETERMINING LOT COVERAGE

I. Determining Lot Frontage.

1. Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage unless otherwise determined by the director based on historic use, topography, neighborhood character, and other factors.

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

a. RS District. Where the majority of lots in a block are street-to-street lots in the RS district, the following rules apply:

i. East-West Orientation. On east-west oriented lots, the western frontage shall be considered the front and the eastern frontage shall be considered the rear unless otherwise determined by the director.

ii. North-South Orientation. The front and rear of north-south oriented lots shall be determined by the director based on the prevailing development pattern of the block.

J. Determining Setbacks (Yards). A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line. The following special regulations for determining setbacks apply in certain circumstances.

1. Setbacks Measurement from Plan Lines. Whenever an official plan line has been established for any street or proposed street, setbacks required by this title shall be measured from such plan line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line. For the purpose of determining setbacks, the property lines shall be interpreted to be the official lot lines except in cases where a street or public area is offered for dedication but not yet been accepted, in which case the line established by the offer for dedication shall be interpreted to be the property line.

2. Building Lines.

a. Where there is no public area or street dedication or offers for dedication, setbacks shall be required when any land borders on a future street as designated within the adopted circulation element of the general plan, or any future local street right-of-way or a future public area designated by the city's plans and ordinances.

b. In any district where rights-of-way are not dedicated or offered for dedication, building line setbacks on major or collector highways shall be determined by the city engineer. Dedication of land required for development of a major or secondary street shall be required at time of the subdivision of any land, or where no subdivision is involved, at time of development. Improvement shall be required as a condition of any use permit or variance and preceding any change of land use.

3. Alleys. If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard.

[Figure: FIGURE 17.02.030(J): DETERMINING SETBACKS (YARDS)]

FIGURE 17.02.030(J): DETERMINING SETBACKS (YARDS)

K. Measuring Signs. The calculations of measurements related to signs are described in Chapter 17.29, Signs.

(Ord. No. 662, § 2, 12-13-23)