Chula Vista City Zoning Code
19.16 Exceptions
and Modifications
19.16.010 Applicability of provisions.
The requirements and regulations specified hereinbefore in this title shall be subject to the exceptions, modifications and interpretations set forth in this chapter. (Ord. 1212 § 1, 1969; prior code § 33.1001).
19.16.020 Existing lots of record – Defined – Permitted when.
A. An “existing lot of record” shall mean any lot that existed in its present configuration prior to April 22, 1949, or if the subject property conformed to the regulations of the zoning ordinances of April 22, 1949; May, 1964; and the January, 1967, revision.
B. Any improved or unimproved lot that was in conformance with the regulations of the jurisdiction in which it was located, shall, upon annexation to the City, be deemed to be an existing lot of record.
C. In any zone for which a minimum lot area is established, a lot of record having less than the required area and/or width may be used; provided, the owner thereof owns no adjoining, vacant property; and provided further:
1. For the purposes of calculating required side yards, any such lot shall be deemed to have a width of not less than 40 feet;
2. The sum of the side yard widths on any such lot need not exceed 30 percent of the width of the lot, but in no case shall the width of any side yard, if required in said zone, be less than 10 percent of the width of the lot;
3. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case shall it be less than 10 feet;
4. In any subdivision where the lots of record are generally 25 feet in width, the building site shall be a parcel of land, the least width of which shall be as follows:
a. For a single lot of record in one recorded ownership upon the effective date of this chapter, 25 feet,
b. For any two such lots whose side lines adjoin, 50 feet,
c. For any five or more such lots, 60 feet, or as otherwise permitted in the zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1001(A)).
19.16.030 Agricultural uses – Permitted when – Conditional use permit required when.
Crop and tree farming and any associated qualified employee housing, as defined herein, shall be permitted as an interim use in any zone, provided the area in which said use is located has not been subdivided or plotted so as to result in parcels of less than one acre. Any buildings, such as accessory farm buildings, packing sheds, wholesale nurseries, qualified employee housing, etc., shall be subject to a conditional use permit. (Ord. 3442 § 2(D), 2018; Ord. 1212 § 1, 1969; prior code § 33.1001(B)).
19.16.040 Height limitations – Exemptions from applicability designated.
Height limitations stipulated in this title shall not apply:
A. To church spires, belfries, cupolas and domes, monuments, electric generating stations and liquefied natural gas tanks, water towers, fire and hose towers, observation towers, distribution and transmission towers, lines and poles, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials, or to parapet walls extending not more than four feet above the limiting height of the building;
B. To places of public assembly in churches, schools and other permitted public and semi-public buildings; provided, that these are located on the ground floor of such buildings; and provided further, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the zone, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the zone;
C. To bulkheads, elevator and stair penthouses, water tanks, barns, silos, monitors and scenery lofts, provided no lineal dimension of any such structure exceeds 50 percent of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, gas holders or other structures where the manufacturing process requires a greater height; provided, however, that no such structures above the heights otherwise permitted in the zone occupy more than 25 percent of the area of the lot and are distant less than 25 feet in all parts from every lot line not a street lot line. (Ord. 1212 § 1, 1969; prior code § 33.1001 (C)).
19.16.050 Front yards – Permitted modifications.
In any R zone, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is different from the least front yard depth prescribed elsewhere in this title, the required depth of the front yard on such lot may be modified. In such case, this shall not be less than the average depth of all existing front yards within 100 feet of the lot in question, or the average depth of existing front yards on the two lots immediately adjoining, or in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. (Ord. 1212 § 1, 1969; prior code § 33.1001(D)).
19.16.060 Projections into required yards – Permitted when – Fences required when.
A. Certain architectural features may project into required yards or courts as follows:
1. Cornices, canopies, eaves or other architectural features may project a distance not exceeding four feet into any front or rear yard and 40 percent into any side yard to a maximum of four feet. In the case of a side yard which is less than five feet, a two-foot projection is permitted; provided, that such projection does not extend closer than one foot to the property line;
2. Fire escapes may project a distance not exceeding four feet, six inches;
3. An uncovered stair and any necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the first floor of the building except for a railing not exceeding three feet in height;
4. Bay windows, balconies and chimneys may project a distance not exceeding three feet; provided, that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located; except, that in the R-3 and C-O zones bay windows, stairways and balconies may not project into any required side or rear yard abutting an R-E, R-1 or R-2 zone;
5. An open, unenclosed stairway not covered by a roof or canopy may extend or project into a required rear or side yard not more than three feet, except as provided in subsection (A)(4) of this section.
B. In the case of lots backing on a street or thoroughfare, where access to said lot is from another street or thoroughfare, the rear lot line shall be fenced with a masonry wall of a design approved by the Zoning Administrator. The height of said wall shall be five feet minimum from lot grade or not less than six feet above curb grade. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1001 (E)).
19.16.070 Alleys and rear yard depth in C or I zone.
In any C or I zone, one-half of the width of an abutting alley may be included in the measurement of the depth of a required rear yard; provided, however, that any building having access from an alley shall be located not less than 25 feet from the opposite side of said alley. (Ord. 1212 § 1, 1969; prior code § 33.1001(F)).
19.16.080 Lots altered by condemnation.
Any improved lot that does not conform to the minimum requirements of lot area, setbacks and/or frontage because of alteration or reduction by condemnation, shall be considered conforming; except, that setbacks may be changed by the Planning Commission if found to be harmful or injurious to adjacent properties or if it would constitute a traffic hazard. Any vacant lot made nonconforming, whether improved or unimproved, prior to condemnation shall be considered nonconforming and subject to review by the Zoning Administrator for feasibility of development prior to issuance of any building permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1001(G)).