Chapter 19.64
NONCONFORMING USES
Sections:
19.64.010 Declaration of policy.
19.64.020 Continuance of existing uses.
19.64.030 Completion of construction started prior to
certain date.
19.64.040 Existing conditional uses to be considered
nonconforming when.
19.64.050 Enlargement, extension or reconstruction
prohibited – Exceptions.
19.64.060 Substitution or extension restrictions.
19.64.070 Cessation of use defined – Time limits.
19.64.080 Uses subject to mandatory discontinuance.
19.64.090 Timing of discontinuance – Generally.
19.64.110 Discontinuance of structures having certain
replacement value required – Time limit.
19.64.120 Removal of other uses and structures
required – Notification – Time limits.
19.64.130 Uses not conforming to performance standards – Time limit for conformance.
19.64.140 Uses without conditional use permit or
subject to fence requirements – Time limit for conformance.
19.64.150 Nonresidential structures – Replacement
restrictions.
19.64.155 Residential – Replacement permitted.
19.64.160 Modification of provisions permitted when.
19.64.170 Repair or alteration permitted when.
19.64.180 Uses not conforming to setback or height
requirements – Alteration or enlargement permitted when.
19.64.190 Reconstruction permits.
19.64.010 Declaration of policy.
Many nonconforming uses within the city are
detrimental to the orderly development of the city and adverse to the general
welfare of persons and property, in that said nonconforming uses constitute a
special benefit or monopoly. In conformance
with good zoning practices, it is the policy of the
city that nonconforming uses shall be eliminated as soon as it is economically
feasible and equitable to do so. (Ord. 1212 § 1, 1969; prior code § 33.1101
(A)). 19-181 Chula Vista Municipal Code 19.64.080
19.64.020 Continuance of existing uses.
Except as hereinafter specified, any use, building or
structure existing as of July 8, 1969, may be continued, even though such use,
building or structure may not conform with the provisions contained herein for
the zone in which it is located;
provided, however, that this section does not apply to
any use, building or structure established in violation
of any zoning ordinance previously in effect in Chula
Vista, unless said use, building or structure now conforms with the provisions
herein. Except as otherwise provided by law, nothing in this title shall
prevent the strengthening or restoring
to a safe condition of any part of any building or
structure declared unsafe by proper authority. (Ord. 1212 § 1, 1969; prior code
§ 33.1101(B)).
19.64.030 Completion of construction started prior to
certain date.
A building, structure or part thereof which does not
conform to the regulations for the zone in which it is situated, but for which
a building permit was issued and construction started prior to July 8, 1969,
may be completed in accordance with such plans, providing the work is
prosecuted continuously and without delay. Such building shall be deemed to be
a nonconforming use and shall thereafter be subject to the regulations set
forth herein. (Ord. 1212 § 1, 1969; prior code § 33.1101(C)).
19.64.040 Existing conditional uses to be considered
nonconforming when.
Any use legally existing as of July 8, 1969, which is
listed as a conditional use in the zone wherein located, shall be and remain a
nonconforming use until a conditional use permit is obtained as provided in
this title. (Ord. 1212§ 1,1969; prior code § 33.1101(D)).
19.64.050 Enlargement, extension or reconstruction
prohibited –Exceptions.
A nonconforming use shall not be enlarged, extended,
reconstructed, substituted or structurally altered, except in conformity with
the order of a duly constituted authority, unless the use is changed to a use
permitted in the zone in which
such building or premises is located, and except
as set forth in CVMC 19.64.060 through
19.64.180. (Ord. 1212 § 1, 1969; prior code § 33.1102).
19.64.060 Substitution or extension restrictions.
A. When authorized in accordance with the provisions
herein, a nonconforming use which is determined by the commission to be of the
same or a more desirable nature may be substituted for another nonconforming
use.
B. Whenever a nonconforming use has been changed to a
conforming use, such use shall not be changed to a nonconforming use
thereafter.
C. When authorized by the commission, in accordance
with the provisions herein, a building devoted to a nonconforming use may be
enlarged or completed upon the same lot
or parcel where such completion is necessary and incidental to its use. (Ord.
1212 § 1, 1969; prior code § 33.1102(A)).
19.64.070 Cessation of use defined – Time limits.
A use shall be deemed to have ceased when it has been
discontinued either temporarily or permanently, whether with the intent to
abandon said use or not.
A. Cessation of Use of Building Designed for
Nonconforming Use. A building or structure which was originally designed for a
nonconforming use shall not be put to a nonconforming use again when such use
has ceased 12 months or more.
B. Cessation of Use of Building Not Designed for Nonconforming Use. A building or
structure which was not originally designed for a nonconforming use shall not
be put to a nonconforming use again
when such use has ceased for six months
or more.
C. Cessation of Use of Nonconforming Use of Land. A
nonconforming use of land, not involving
any building or structure, except minor structures such as fences, signs
and buildings less than 400 square feet in area, shall not be resumed when such
use has ceased for six months or more. (Ord. 1212 § 1, 1969; prior code §
33.1102(B)).
19.64.080 Uses subject to mandatory discontinuance.
The following nonconforming uses are illegal and shall
be discontinued in Chula Vista after the useful economic value of the principal
structures used in said uses has been realized by the owners of such structures:
A. All nonconforming signs, billboards or commercial
advertising structures;
B. All nonconforming uses involving no structure or
structures of an assessed value of $500.00 or less; 19.64.090 19-182
C. Use permitted in an I-R or I-L or I zone when
nonconforming in any C-N zone;
D. Nonconforming residential uses located in an I-R,
I-L or I zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code §
33.1102(C)).
19.64.090 Timing of discontinuance –Generally.
For determination of the time when such uses must be
discontinued, the following tests and procedures are established, as set forth
in CVMC 19.64.110 through 19.64.160. (Ord. 1295 § 1, 1970; Ord. 1212 § 1, 1969;
prior code § 33.1102(D)).
19.64.110 Discontinuance of structures having certain
replacement value required– Time limit.
Nonconforming structures having a permit value, or by
an appraisal made by the building
inspector, of $500.00 or less, shall be abated in
three years from date of notification. (Ord. 1212 § 1, 1969; prior code §
33.1102(D)(2)).
19.64.120 Removal of other uses and structures
required – Notification –Time limits.
A. Every nonconforming building in any of the R zones,
except residential buildings, churches and schools, which nonconforming
building was designed or intended for a use not permitted in the R zone in
which it is located, shall be completely removed or altered to structurally conform
to the uses permitted in the zone in which it is located, and the use of such
building shall be changed to conform with the uses permitted in the zone in
which it is located within the times specified in this chapter, upon notice
from the planning commission, which time is measured from the date of
construction, or from the date of the last transfer of title prior to July 8,
1969, whichever is the lesser.
B. The provisions of this chapter shall also apply to
every nonconforming building or use in the industrial zones which is used for,
or devoted to, any residential purpose; hospitals (except emergency hospitals);
hotels; institutions or homes for
the treatment of convalescent persons, alcoholics, the
wounded or mentally infirm; lodging houses; schools; trailers used for human
habitation or trailer camps; and which nonconforming building was designed or
intended for a use not permitted in the I zone in which it is located.
C. In no case where the property is improved by
structures requiring a building permit shall this period of time be less than
10 years from date of notification by the planning commission, except as
provided in subsection (C)(1) of this section. As used in this section, the
designations “Type I building,” “Type II building,” “Type III building,” “Type
IV building,” and “Type V building” are employed as defined in the building
code:
1. Where property is unimproved or is occupied by
structures of a type for which the building code does not require a building
permit, or any trailer park, five years after receipt of notification from the
planning commission;
2. Type IV or Type V buildings (light incombustible
frame and wood frame), 15 years;
3. Type I, Type II or Type III buildings (fire
resistant, ordinary masonry or heavy timber construction), 25 years.
D. Where more than one type of building has been
constructed on the property and such buildings are used as a part of the
business conducted on the property, the longest period of time permitted before
removal is required for any such building by the provisions of this chapter
shall apply to all such buildings.
E. Where buildings have been constructed on the
property at different times, and where the abatement period is measured by the
date of construction, the date of removal shall be measured from the date of
the construction of the building
most recently constructed. (Ord. 1212 § 1, 1969; prior
code § 33.1102(D)(3)).
19.64.130 Uses not conforming to performance standards
– Time limit for conformance.
All uses nonconforming as of July 8, 1969, by reason
of noncompliance with performance standards established herein, shall adopt
measures necessary to conform therewith within five years of July 8, 1969.
(Ord. 1212 § 1, 1969; prior code
§ 33.1102(D)(4)).
19.64.140 Uses without conditional use permit or
subject to fence requirements – Time limit for conformance.
Any use that is not conducted wholly within an
enclosed building as required herein and any use that has fencing requirements
shall be considered nonconforming if said use has not complied to the
requirements of applying for a conditional use permit or conformed to the
fencing regulations as notified within one year of notifications and shall be
abated in three years from the date of notification.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1102(D)(5)). 19-183
Chula Vista Municipal Code 19.64.190
19.64.150 Nonresidential structures –Replacement
restrictions.
Any nonresidential nonconforming building damaged more
than 60 percent of its value, as established by the director of planning and
building, at the time of damage by fire, explosion, wind, earthquake, war,
riot, or other calamity or act of
God, shall not be restored or reconstructed and used
as before such happening; but if less than 60 percent damaged, it may be restored,
reconstructed or used as before; provided, that such be initiated within six
months and be substantially completed within 12 months of such beginning. (Ord.
2790, 1999; Ord. 2760 § 1, 1998; Ord. 2708, 1997; Ord. 2599 § 2,
1994; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.1102(D)(6)).
19.64.155 Residential – Replacement permitted.
Any residential unit which was legally constructed and
is nonconforming with respect to the current zoning and/or density of the
property shall be allowed to be reconstructed in the event of any damage or
destruction of the existing residential
improvements as defined in CVMC 19.64.150; provided,
such be initiated within six months and be substantially completed within 12
months of such happening. This allowance shall not apply to industrial-zoned
properties. Said reconstruction shall meet all applicable code requirements in
place at the time of reconstruction and shall not be built beyond the existing
building footprint. (Ord. 2708, 1997; Ord. 2599 § 3, 1994).
19.64.160 Modification of provisions permitted when.
Requirements prohibiting restoration or reconstruction
or requiring discontinuance of nonconforming uses may be modified by the
planning commission for dwellings located in any R zone or for buildings nonconforming
only on the basis of yard or height requirements. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.1102(D)(7)).
19.64.170 Repair or alteration permitted when.
Such repairs and maintenance work as required to keep
it in sound condition may be made to a nonconforming
building or structure; provided, no structural
alterations shall be made except such as are required by law or ordinance or
authorized as permitted herein by the zoning administrator. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.1102(E)(1)).
19.64.180 Uses not conforming to setback or height
requirements – Alteration or enlargement permitted when.
Any structure that is nonconforming because of setback
or height requirements may be altered and/or enlarged by approval of the zoning
administrator on the basis that such alteration and/or enlargement shall
conform to the regulations
herein except as provided for in CVMC 19.22.170. (Ord.
2711 § 2, 1997; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code §
33.1102(E)(2)).
19.64.190 Reconstruction permits.
A reconstruction permit may be approved to allow for
the reconstruction of a nonresidential nonconforming structure in the event
that such building has been damaged or destroyed by fire, explosion, or act of
God. Said permit shall allow
for reconstruction consistent with the original
configuration of the building with the exception that no reconstruction can
take place within the city’s current right-of-way. The zoning administrator, in
accordance with CVMC 19.14.180 and following a noticed public hearing, may
approve a reconstruction permit based upon the following findings:
A. The nonconformity of the building was not caused by
any action of the building owner.
B. The granting of the reconstruction permit will not
cause the reconstruction of a building with a nonconformity which is or will be
materially detrimental or injurious to the neighborhood or public welfare based
upon factors including, but not limited to, parking, traffic, noise, and
incompatible land uses in the immediate surrounding area.
C. The reconstruction does not exceed the existing
nonconformity.
D. There are specific site constraints affecting the
property which would make conformance with current zoning regulations an undue
hardship and burden on the property owner. Such site constraints include, but
are not limited to, factors such as minimal street frontage or limited
vehicular access to the site.
E. The nonconformity allowed by the permit shall only
apply to its current use. Said reconstruction permit shall be conditioned in
that any new construction must meet current building and fire codes and not be
permitted within the city right-of way. The director of planning and building
may waive certain other current development standards
including building setbacks and landscaping
regulations based upon hardship and upon the finding they will not cause a
detrimental impact to the surrounding area. (Ord. 2760 § 2, 1998).