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MONTEREY COUNTY ZONING COASTAL IMPLEMENTATION PLAN - TITLE 20 20.62 – HEIGHT AND SETBACK EXCEPTIONS 20.62.010 PURPOSE. The purpose of this Chapter is to provide those provisions and exceptions to height and setback regulations throughout all zoning districts and other regulations of this Title. 20.62.020 APPLICABILITY. The provisions of the Chapter shall apply to all zoning districts and other applicable regulations of this Title. 20.62.030 HEIGHT. A. Chimneys, vents, and mechanical appurtenances may be erected to a greater height than the limit established for the district in which the structure is located. B. Towers, poles, water tanks, and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a Coastal Development Permit (ZA) in each case. Local distribution poles for public utilities serving permitted development shall be allowed in all districts and to greater heights than allowed for the districts without a Coastal Development Permit. C. Any structure in any Commercial or Industrial District may be erected to a greater height than the limit established for the district in which the structure is to be located, provided that the cubical contents of the structure shall not be greater than that possible for a structure erected within the height limit and provided the design, exterior lighting, siting and landscaping plan for the project is approved by the Planning Commission. D. Any accessory structure structurally attached to the main structure shall be allowed to be the same height as the main structure. 20.62.040 SETBACKS. A. Where an Official Plan Line has been established as a part of the Street and Highway Master Plan, the required setbacks on the street side shall be measured from such Official Plan Lines and in no case shall the provisions of this Title be construed as permitting any structure to extend within such Official Plan Line. B. In any case where a structure setback line has been shown on a Sectional District Map the required setback on the street side shall be not less than the distance from the edge of the right-of-way of the street specified for such structure line. In no case shall the provisions of this Title be construed as permitting any structures to extend beyond such structure line. C. Cornices, eaves, canopies, fireplaces, and similar architectural features may extend into any required setback not exceeding 2 1/2 feet. D. Uncovered decks, porches, or stairways, fire escapes or landing places may extend into any required front or rear setback not exceeding 6 feet, and into any required side setback not exceeding 3 feet. For the purpose of this Section, a normal roof overhang up to 2 1/2 feet does not constitute coverage. E. No interior area of a structure may extend into required front, side or rear setbacks, except for bay windows or cantilevered windows where there is no floor or storage area below the window. In such cases, the window may extend into the required setback area up to 2 feet. F. In any district where 50% or more of the building sites on any 1 block or portion thereof in the same district have been improved with structures, the required front setback shall be of a depth equal to the average of the front setbacks of the improved building sites, to a maximum of that specified for the district in which such building site is located. G. In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than 10 feet from such lot line. H. In case a building site is less than 60 feet in width, side setbacks shall equal 10 percent of the lot width or more but not less than 5 feet, except in Commercial or Industrial Zoning Districts. I. Any residential use to be located in any Commercial or Industrial Zoning District shall provide side and rear setbacks as required in the "MDR" District except for any residential use to be located over a commercial or industrial establishment. J. In the case of a corner lot adjacent to a key lot, the required side setback on the street side for any structure within 25 feet of the side line of the key lot shall be equal to the front setback required on the key lot, and if more than 25 feet from such side line, the required side setback shall be 50 percent of the front yard required on the key lot. [Click here to see illustration] K. Any accessory structure structurally attached to the main structure shall be subject to the same setback requirements as the main structure. L. Detached accessory structures which have access from any alley shall not be located within 6 feet of the alley right-of-way. M. In case of a lot abutting upon 2 or more streets, the main structure and accessory structures shall not be erected so as to encroach upon the front setback required on any of the streets. N. Notwithstanding any requirements in this Chapter, in cases where the elevation of the front half of the lot at a point 50 feet from the centerline of the traveled roadway is 7 feet above or below the grade of said centerline, a parking space, private garage or carport, attached or detached, may encroach into the front yard setback requirement up to 5 feet from the front line of the lot. For garage doors that face the right-of-way, an electric garage door opener is required. O. Structures, except utility poles, appurtenant utility equipment and fences shall not be located so as to encroach on any utility or road easement or right-of-way. P. Nothing contained in this Chapter shall be deemed to reduce special setback requirements as set forth in the special regulations for any Zoning District. Q. In the case of back-to-back corner lots, the required setback from the common street property line shall not be less than the side setback of the district in which the back-to-back corner lots are situated. Should the back-to- back corner lots be in different zoning districts, the side setback requirement of each respective district would apply. [Click here to see illustration] |