HomeMy WebLinkAboutOrd 1927-163
II i
ORDINANCE NO. 163
IRDINANCE Ok' THF~ CITY u~' CHULA VISTA, OALn'ORNIA, PROVIDING FOR THE CREATION
~ID OITY d" li'IVE(5) ZmJiêS, OuNl3ISTING OF VARIOUS DISTRICTß, AND PRESCRIBING
ÇLASHi',S Cd' BUILDINGS, S'l'RUGTURES AND IMPROVJJ:!ŒNTS IN SAID l;E;VERAL ZONb;S AND
¡USES THJêIU:Oli': DEli'INING '['HE TERMS l1SED HEREIN, PRESCHIBING THi; PENALTY F'OR
,~IOLATION ai' TIŒ PfWVIUIùNS HEHJWF' AND iŒP¡¡:ALING ANY OHDINANCEF OR PARTS
rDINANOY;:; IN i:ONF'LIG'l' HEREWITH.
, The Board of Trustees of the oi ty of Ohu1s, Vista, Oal ifornia
tda.1n ae follows: I
Defini t tons. I
ion 1. For the purpose of tbts ordinance, certain terms used herein are
lied as follows: All words used in the Dresent tense shall include the
reI all words in the plural hwnber shall include the sin~u18r number, end
lords in the Binp1Jl.lar shall include the plural number; the word
'J, includes the word "plot. II
T: The word "alley". when used in this ordinance, meane a public way inter-
portion á.' a blook, and desigm,ted on the zone Hap herein-
'i referred to.
SORt: Tbe word "acoesE!oryll means a subordinate building or portion of
¡building the use of which is incidental to that of the main building, and
same lot or parcel of land.
TURT: The word lIapartmentd means a room or suite of two or more roome
"(tenement or aDa:rtment house, oooupied or suitable for occupation as a res-
,
" e for one family doing its ovm ooc,kinv on the premises.
0: Tbe word "buildingd means a structure for the support, shelter or
re of persons, animale or ohatte1s; and when separated by division walls
nry from the ground up and without openings, then each portion of such
separate building.
as OR COMHŒOE: The word "busineRs" and the word "oommeroe" mean the
se, sale or other transaction 1nvolvinp: the handling or disposition of
Hole, substance, or oommodi ty for profit or 1 tvelihood, or the ownership
buHd1np:s, offices, recreatIonal or amusement enterpris-
en entire oi ty block, any part thereof, or
,more conti~uoUB blocks.
'-
USTRIAL BUILDING: The term "industrial buildinp;" meane e. building devoted
J 'the storage, repair, mAnufacture, preparation or treatment of anyartiole,
stance or commodity whatsoever and includes buildings, used as stablse and
The word "industry" when used in this ordiaance means the storafl',s.
pair, manufacture, preparation or comment of any article, substance or oom-
ity whatsoever, and includes the operation of ~arages and stables.
: The word "lot" means a parcel of land abuttin¡;>; on at least cne etreet
no alley exists, the rear line of a lot having a fronta~e on
parallel or approxim tely parallel streets shall be considered ae equi-
those streets, eBcept where the full length or depth of sHah lot
one hundred twenty five (125) feet, in which Case it shall be
ed one lot.
The term "lot lines" means the established division lines between
property. pbblio or private.
term "public street II means the land dedicated to, or oon-
public hif?',hway or eetablished as such by uee for TJUblio
The word "storyll means that portion of a buildinrr included between
of any floor and the surface of the next floor above it, or j f
floor above it, then '!he s})aoe betwèen the floor and the oeiltng
T LINES: The term "street linell means the boundary line between street
I The word "use" means the rurpose for which a building is designed, arra~
or intended, or for which it is or may bi' occupied or maintained.
tion 2. In order to designate, re[!:ULte and re,trict the location and
it
aUons of Com¡{lerOe, business, trades and enterpriees, rold the locations of
buildings desLmed, arrenœed or intended for speoial uses, five (5) classes
,.. .
'districts, which shall be known as IIAJ1"Zone "13" Zone 11011 Zone" nI', Zone and
:r
Zone, which said several zones and the districts of each thereof, BO far as
have been defined. are hereby established; and the boundariee of
and erloh of them, are shown upon "Zone Map" of the City of
hereto, made a cart hereof, and hereby referred to for a
OO1G3
~~...~,c~.~~. ~.c"~~~,-
,~-- ~ -~-- ._--_._-------~--_. ._..'...m--
def'cription of said districts and each of them.
Excèpt as hereinafter provided, the use or uses of all bu ildinp:s.
premises existing in 8ny of Baid Eanes or districts thereof.
the time of the edoption of this ordinance may 'be continued,
\¡ as hereinafter provided, no buildinr:, structure or improvement now ex-
shall be a.ltered or enla.rp-ed, and no bui1d"inp: structure or improvement
:IJ. be erected, constructed or establiehed which i 8 desi¡¡;ned, arrRnp;ed or in-
any of said zones or districts restricted
biB ordinance ~'f)inst such erection, obstruction or establishment.
Uon 4. The Oi ty ,1annin¡:; oommission may, upon the verified petition of
,property owner filed wi th said Commission, etating fully the grounds of
011 facts relied u'on by petitioner, recommend to the
'4 of Trustees of said City exceptions to any of said restriotione eetab-
in any of said zones or dietriots and the said
dof Trustees may àr oœ4tuanoe permit the erection, alteration,reoonetruo-
or enlargement of any buildiIJJ!, structure or improvernent in any of eaid
reetrioted ap;ainst sa! d building, structure or improvement, upoh
conditions as said Board of Trustees may deem proper under the
"tal oirownstanoes so shown to exi st, whenever said Board of Trustees shall
a consideration and investip;ation of the faots stated in
such exception or permit is neoeseary for the preservation
enjoyment of any substantial property rir.r,ht or rir.r,hts of the petitioner,
'not materially detrimental to the public welfare, or injuries to the
zone or district .~hereof, Upon the filing
the City Planning Commission shall render a report 1P said
d of Trustees thereon, within thirty (30) days thereafter. and mail a 'Jost
of the fact of the rendition of such report 1P said peti tioner.
report and recommendation be ar.r,ainst the petitioner, he may appeal
of Trustees wjiltttten notice or apl)eal filed with the Oi ty
Board of Trustees deems it necessary or expedtent sO to dO. it
æt the matter fori hearing UDon euch notiêe to interested parties as it
deem proper, and the decision of said Board of Trustees upon said appeal
final and oonolusive f'S to all matters and things involved in said
uOI~3
- --,"-"-----------'-------.-"-"
ZONE A.
~. or improvement ehall be erected,con-
'l
oted.8stabliehed. altered or enlarged in the" A" Zone which ie desi~ed.
be occupied or used for any plllrpose other than a
Ie dlamily dwelling, torr,ether with the usual acoe,;sories loo,'ted on the
or 1)aI'oel of land, includtn~ a private F',ara'8 containing space for
than four (4) automobiles, provided that only one such ein~le family
house shall be erected, constructed, estnb1i ehed, altered or enlar¡:;ed
one lot or parcel of land, which s.Bid lot or parcel of land shall not
forty (40) feet in width, other provi Biens of this ordinance' to
notwithstanding, and provided th¡;t the aboire provision pertaining
in said "A" Zone shall not applY to any lot
or plat in the office of the county Recorder of
¡
'DiegO County, prior to the date of the adoption of this ordinance; pro-
ed further, however, that no such single family dwelling shall be erected,
trBuoted,established,altered or enlarrr,ed upon any pmrtion or portions of
or lots as ehown upon any official map or plat recorded in
the County Reoorder of San Diego Oounty,unle's such portion or
tione of such lot or late shall be not less than forty (40) feet in width.
or maintained in eaid A Zone.
ZONE B
structure or improvement shall be erected,constTucted
enlarged in the "B" Zone which is desin:nated,arranr:ed
',intended to 1ør occupied or used for any pll1rpoee other than dwellings, ten-
'.rtments,bun~alow courts, flats, mutiple dwellings,
~s, hotels,ìlodging houses, churches, private clubs, public or semi-public
"
titutione of an eduoationa:l,philanthrorio OJ' e1é1emoeynary nature, railroad
,Bengar station, and the usual aocespories located on the same lot or parcel
land with any of Bald buildinn-s, inoludinl"" the office of a physician,dentist
J
other pers,n authorized by law to praetice üledicine, rmd inoluclinp: 1)1'i va,te
and convenient space for automobilf,s; The rentinp:
or more rooms or the -providinp' of table board in a d",ellinp; or apart-
t occupied as a private residence, provided no window 0:11 other display or
,
n used to advertise such use; A publ io dining I'oom or restaurant located
provided that the publi.c entrance to such dining room 01' restaur-
the lobby of the hotel, and further plDvided that no window or
is used to advertise such use. Obi ~ '?
constructed or maintained in said B Zone.
--,, -
---,--------,-,------~-'--- ------- ---
ZONE 0
structure or improvement shall be ereoted,oonstruot-
or en1arr1;ed in the "0" Zone which is designed,arraned
intended to be oooup,~ed or ueed for any purpose other tl1an a. store or shop
a wholesale or retail business, a '(,laoe of amusement, an
studios, oonserva toriæ, danoinr: ac"Jdemies, carpenter shop,
eanin¡:r, and eyeing works, painting, paper hangin" and deoorati11R store, dress-
¡
er, laundrY,millinery store, photograph gal1ery,plubming shop, furniture
establishment, tailor, tinsmi tb, undertaker,
~pitnls and sanitariums, upholsterelll, d.og hoepi tals, cat hospi tals, oommerioal
ages, boarding houses, and other similar enterprises or institutions; or for
other purposes permitted by thi EO ordinance in the "A" Zone or. "B" Zone.
bill Boards shall be constructed maintained in in said O. Zone.
ZONE D
'tion 8. No building,etruoture, or improvement shall be ereoted,oonstruoted,
enlarged in the liD" Zone which is designed,arranged or
or used for any of the following specified trades,
am'lonia, chlorine or bleaohin¡>; powder manufacture;
refinin,,; briœk and tile terra cotta manufacture or
boiler works, creosote tTeatment or miJnufacture; creamatory;distil1ation
wood or bones; fat renderinC'; ferttlizer Ilanufnoture; gas (illuminating
manufacture; glue manufsoture; gun powder,firewords or exp10eive
and etorage; incineration or reduction of garilJa(!¡e; offal, dead an-
refuse; iron foundary, lamp black manufnoture; lime, c~llent and plaster
manufacture; "(Jaint manufacture, petrole\nn, pum1)lnv, refininC'., and stor-
el pickel, sauerkraut, sa' s!Jr.e or yIne!,:p.I' manufacture; raill'oad yard or round-
and skins, curing and tanning; rollinR mill, scrap iron, junk or
or bailing; elaur:hter of animals or 1 mds; smelting of iron; soap
stock yarde; stone mill and Q\wrry; sulphurous, sulphurto,nitri~,or
ao id manu! nctul'e; tallow,r.rease and lard manufacture and refining
roofi.ng or tar waterproofinv manufaoture; tobàooo (ohewIng) manufacture; or
ner obnoxIous lJUrposes. Any buildil1P', or structure deeigned to be used for
trade or busines8,or for purposes of,etorap:e,industry,oommeroe or
pidenoe of any kind, may be erected in ¡;aid It])" Zone, H not prohibited by
i
or ordinances now in force or which may be hereafter enacted.
Board shall be constructed or maintained in said D Zone. OOf (Q 3
ZONE E
9. Any buildinD', structore or improvement may be erected, oonstruct,'d,
enlarged :in the F~ Zone ',vi thout restriction as to ita
., -,- ,---"",--- _+¥nn+'"
-'---------~----'-" -...-.-
,urpose thereof, is not prohi bi ted by law or
whtoh may be hereafter enacted.
may be constructed and maintained in said E Zone.
Exoept as hereinafter speoifioa11y provided, it is not intended
abrogate or repeal any ordinanoes,I'ules. refl:-
previously adopted or issued pureuant to law, relating to
or conduct of buildings, structures, improvements or Dreads..
~ovided however, that where this ordinonce imposes a greater restriction
the erection, esthblishment, alteration or enlarf"ement of buildinp;e than
or required by Buoh ordinanoes,rules,rep;ulations or permits,the
this ordinônace ehall control.
Any building amay be altered or enlarged to the extent of not
its asses:"~ ed value; Drovided, however, that tf any
is altered or enlariêed to more than fifty ')er cent of its as..
suei) buildinr' shall oonform to the restrictions herein set forth
the zone or district in which such building is loo"ted, as shown on eaid
't
. Map. exoept where permit is issued as provided in Section 4 thereof.
0'
't on 12 The City Clerk of said CIty Gf ohula Vista shall not issue any
the ereotion,eonstruotion,estub1isrunent, alteration or enlargement
improvement in any of said Zones contrary to the
this ordinance; and every applicstion for a building permit shall
the purpose for which t he proposed buildinp;. structure or im..
tion 13. Any person,firm or oorporation violl3tinp; any of the provisione
'this ordinance shall be deemed p.;uilty of a misdemeanor, and upon conviction
. r .
a fine of not more than Three Hundred ($300.00)
imprisonment in the City Jail of the City of Ohula vista or the
the County of ,:¡an Di ego, State of Gal ifornia for a period of
more than ninety (90) days, or by both such fine and imprisonment, Eaoh
e,en firm or oorporation shall be deemed guilty of a separate offense for
during any portion of which any violation of any provision of this
is ool1lm~tted continued or permitted by such person, firm or oorpo-
,tion, and shall be punishable therefor as provided by this ordinance.
to f tv 3
---..-.
and lines
zone boundariee/ shall be and are hereby made. fixed and
_øtabll shed, as ehown and delineated by the legend of and on the
,Zoning Map of the Gi ty of Chula Vista, Oal tfornia, "whioh is hereby referred to
I
for a partioular deeoription thereof and hereby made a part of thl s ordinance
n unsubdivided property, the zone boundary lines on satd Zone Map shall be
ttermined b:) the scale contained on such map, and where uncertainty existe
e zone boundary line shall be determined by the CIty Planninp: oommi8sion
on written application from said Zone Map, and records thereof kept on file
the office of the City Plannin~ Commission.
Interpretion -Purpose: In interpretin¡>; and applyinp: the provieioB
this ordinance, they £ball be held to be the minimum requirements adopted
promotion of the pnbl1o health, safety comfort, convenience and
welfare, It t8 not intended by tht s ordinance to repeal, abrogate,
nul or in any way to impair or interfere with any exieting provision of law
any rulea, regulations or perroite previously adopted or issued
~r which ehall be I'dopted or issued pursuant to the law relating to the use
',9f buildinge or premises, or relating to the erection, oontrJruotion, establie
hment
alteration or enlargement of any buildinp:s or improvenents; nor ie it intendd
ordinance to interfere with or abrogate or annul any easement, oove-
other agreements between parties;provtded, ihowever that where this
,ordinance imposes a '?reater restriction upon the erection, construction,
utablishment,alter¡¡tion or enlargement of buildings,etruotures or improve-
several zones or any of them, than is imposed 01' required by
provisione of law or ordinances or by such rules, rer:ul,ationa or
euch easements, covenants or agreements, the vrovie10ne of thie
control.
No bUI1diIW',structllre or improvement shall be oocuvied or ueed
purpose other than the purpose permItted in the zone or dietrlct in
which such buLidinp:" structure or improvement i8 situated, except as provided
3 and 4 hereof.
If any S eotion, subsection, sentence, clause, or phrase of thte
for any reason held to be invalid or unoonstitutiona1 by the
of any court of competent iur1sdiotion, such ,-:eoesion <1ha11 not af-
validitv' of the remaining portions of the ordinance.
OOI~3
,Board of Trusteee of the Oi ty of Chula Vista, Gal ifornia hereby deo1ares
_'it would have passed this ordinance, and each eeotion, eubeeotion, sentence i
A I
.e and phrase thereof, irresp"ctive of the fact tbat anyone or more other ¡
Bentenc es, clauses or nhrasee be declared inval id or un-
pernon,firm or corporation vio1Ðtinp' àny of the provisions
ordinance shall be deemed l!¡uilty of a misdemeanor,and upon conviction !
be punished by a fine of not more than Two Hundred Ninety-Nine
imprisonment in the oity Jail of the City of OLula Vista,CR1-
period of not more than eighty days,or by both such fine and
This ordinance shall take effect and be in force on the thirty-
after its passage and approval.
The Oi ty Clerk of said 01 ty of Ct,u1a vt;ta is hereby instructed
~ cause this ordinance to be published once in the ohula Vista é3tar, a weekly
rapaper printed and published in and of general ciroul,tion in s/1id City
Passed,adopted and aporoved by the Board of Trustees of the City of
ohula Vista,Ca11fornia,this~day of Maroh,1927,by the following
vote,to-wit:
Scott Lyons Wentworth Barnes Petèrs
Bone
THUST:;~E:S, None
~reeident of the Board of Trustees ~
the oi ty of Ohula Vista, Oalifornia.
0 s. Tlmmone
,ity Clerk of the oity of Chula
'lata,California.
approve the foregoing Ordinance this~day of Uarcb,l<'¡27.
Preeiaent of the Board of Trustees of
the City of Chula Vista, california.
baf b 3
- -~ - u_-- ------ ---- -
- u ----~----------- --- - -----------