Chula Vista City Zoning Code
19.64 Previously
Conforming Uses and Structures
19.64.010 Purpose and intent.
It is the general policy of the City to ensure that uses and structures that do not conform with existing regulations either be brought into compliance with such regulations, discontinued, or removed. The purpose of this chapter is to provide certain limited exceptions to the general policy for those uses and structures that were established and/or constructed in compliance with all applicable regulations at the time of development and which are compatible with surrounding development although they do not conform with existing regulations. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.020 Definitions.
Whenever any words or phrases used in this chapter are not defined herein, but are defined in other sections of the City of Chula Vista’s Municipal Code or in the certified local coastal program of the City, such definitions shall be incorporated herein and shall apply to such words or phrases used herein as though set forth fully herein, unless context clearly indicates a contrary intention.
A. “Development” means the uses to which land is put, the buildings constructed thereon, and all alterations of the uses, land, and construction incident thereto.
B. “Previously conforming structure” means any structure existing as of July 8, 1969, any structure on property annexed into the City after such date and that was established in compliance with the applicable regulations at the time of its construction, or any structure that was established in compliance with the applicable regulations at the time of its construction, which, based on changes in zoning or annexation into the City, no longer complies with zoning regulations.
C. “Previously conforming use” means any use on a property existing as of July 8, 1969, any use on a property annexed into the City after such date which was established in compliance with applicable regulations at the time of its initiation, or any use on a property established in compliance with applicable regulations at the time of its initiation, which, based on subsequent changes in zoning, no longer complies with zoning regulations. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.030 Previously conforming use – Continuation of – Generally.
Except as hereinafter specified, a previously conforming use may continue only if the following conditions are satisfied:
A. The City determines that the continuation of the previously conforming use does not endanger the health, safety, or general welfare of the public.
B. The use has not been abandoned pursuant to CVMC 19.64.080.
C. The owner or person claiming previously conforming status provides the Director of Development Services sufficient documentation supporting a claim that the use is previously conforming.
D. The use has not been brought into conformance with existing zoning regulations. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.040 Previously conforming use – Expansion of – Generally.
A previously conforming use may be expanded if specific findings are made by the Zoning Administrator that indicate the previously conforming use represents a long-term or traditional use of the site and is compatible with the surrounding area. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.050 Previously conforming use – Expansion – Conformance to performance standards.
If a previously conforming use is permitted to expand, measures shall be adopted as necessary to conform with the applicable performance standards as set forth in Chapter 19.66 CVMC. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.060 Previously conforming use – Expansion of – Approval process.
The approval process for expansion of a previously conforming use shall be pursuant to CVMC 19.14.030 or 19.14.040, as applicable. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.070 Previously conforming use – Outdoor uses subject to fence requirements – Time limit for conformance.
Any previously conforming use that is conducted outdoors, but is required to be conducted wholly within an enclosed building or screened from public view as required in the zone, shall be required to obtain site plan and architectural approval pursuant to Chapter 19.14 CVMC, following notification by the appropriate authority. Otherwise, said use shall be abated within 60 days from the date of notification. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.080 Previously conforming use – Abandonment.
A previously conforming use shall be deemed abandoned if such use has not been in use or operation or has ceased for 12 consecutive months. If the previously conforming use has been discontinued for the purpose of repair, remodeling, or reconstruction, the maintenance of an active construction permit and continuance of a business license shall constitute conclusive evidence that such use has not been abandoned during the period of repair, remodeling, or reconstruction, provided the work is conducted diligently to completion.
The Director of Development Services may extend, for no longer than six months, the period of abandonment identified in this section due to demonstrated, overriding, economic hardship during periods of regional economic distress. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.090 Previously conforming structure – Continuation – Generally.
Except as hereinafter specified, a previously conforming structure may continue subject to the conditions herein, provided all of the following conditions are satisfied:
A. The City determines that the continuation of the previously conforming structure does not endanger the health, safety, or general welfare of the public.
B. The structure has not been abandoned pursuant to CVMC 19.64.220.
C. The owner or person claiming previously conforming status provides the Director of Development Services sufficient documentation supporting a claim that the structure is previously conforming.
D. The structure has not been brought into conformance with existing zoning regulations. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.100 Previously conforming structure – Continuation – Construction started prior to regulation change.
A building, structure or part thereof for which construction has begun prior to a change in regulations, which change would make the structure once completed a nonconforming structure, may be completed in accordance with the approved permit and plans, provided the work is implemented continuously and without delay. Such structure shall be deemed to be a previously conforming structure and shall thereafter be subject to the regulations set forth herein. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.110 Previously conforming structure – Expansion, alteration, repair, or replacement – Generally.
A previously conforming structure may be expanded, altered, repaired, or replaced in the manner and subject to conditions provided for herein. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.120 Previously conforming structure – Expansion or alteration – Setbacks and height.
Any previously conforming structure that is nonconforming due solely to an intrusion into a setback and/or exceeds height limitations shall be permitted to expand, provided the expansion does not increase the intrusion into the setback or the current height of the structure, as shown below, and such expansion complies with all other provisions of the code.
(Ord. 3153 § 2 (Exh. A), 2010).
19.64.130 Previously conforming structure – Expansion of – Approval process.
The approval process for expansion of a previously conforming structure shall be pursuant to CVMC 19.14.582(A) or (G) as applicable. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.140 Previously conforming structure – Repair.
Except as otherwise provided by law, previously conforming structures may be repaired or maintained as required to keep such structure in safe and sound condition; however, no structural alterations shall be made except such as are required by law or ordinance or authorized as permitted herein. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.150 Previously conforming structure – Replacement – Residential.
Any previously conforming residential unit incurring damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God may be reconstructed, subject to the conditions in CVMC 19.64.170. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.160 Previously conforming structure – Replacement – Nonresidential.
A. A previously conforming nonresidential structure, whether to be replaced by the exact same structure and/or use, or incurred damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God, may be reconstructed subject to the conditions in CVMC 19.64.170.
1. Notwithstanding subsection (A) of this section, reconstruction shall not be permitted in the City right-of-way. (Ord. 3575 § 10, 2024; Ord. 3153 § 2 (Exh. A), 2010).
19.64.170 Previously conforming structure – Replacement – Conditions of.
A. In order to reconstruct a previously conforming nonresidential structure in accordance with CVMC 19.64.160, building permits must be applied for within six months of the event causing such destruction, and the construction must reach substantial completion within two years of the event. Said reconstruction shall meet all applicable building code requirements in place at the time of reconstruction and shall not be built beyond the existing building footprint.
B. Reconstruction that does not satisfy the conditions in subsection (A) of this section shall be deemed nonconforming, the permits issued shall be void, and such construction, if initiated, shall either be abated or brought into compliance with all existing regulations as of the date a new construction permit is issued. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.180 Previously conforming structure – Reconstruction permit – General.
Reconstruction of a previously conforming structure shall require the issuance of a reconstruction permit. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.190 Previously conforming structures – Reconstruction permit – Findings.
The Zoning Administrator may approve a reconstruction permit only after making all of the following findings:
A. The reconstruction of the previously conforming structure will not be 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.
B. The reconstruction as planned will not increase the previously conforming aspect of the original structure.
C. 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, minimal street frontage or limited vehicular access to the site.
D. The previously conforming structure will have the same use as immediately prior to the event causing the damage to the structure. (Ord. 3153 § 2 (Exh. A), 2010).
19.64.200 Previously conforming structure – Reconstruction permit – Conditions.
19.64.210 Previously conforming structure – Replacement – Modification of provisions permitted when.
Requirements prohibiting restoration or reconstruction or requiring abandonment of previously conforming structures may be modified for such structures if the previously conforming status is based solely on yard and/or height requirements.
The Director of Development Services 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. 3153 § 2 (Exh. A), 2010).
19.64.220 Previously conforming structure – Abandonment.
A previously conforming structure shall be deemed abandoned if such structure has not been occupied for 12 consecutive months. If the previously conforming structure has been unoccupied for the purpose of repair, remodeling, or reconstruction, the maintenance of an active construction permit and a continuance of a business tax certificate shall constitute conclusive evidence that such structure not been abandoned during the period of repair, remodeling, or reconstruction, provided the work is conducted diligently to completion.
The Director of Development Services may extend, for no longer than six months, the period of abandonment identified in this section, due to demonstrated, overriding, economic hardship during periods of regional economic distress. (Ord. 3153 § 2 (Exh. A), 2010).