§ 127.0112 — Replacing Incompatible Previously Conforming Uses

§127.0112 Replacing Incompatible Previously Conforming Uses

The purpose of this Section is to address incompatible previously conforming land uses near residential uses. Certain existing previously conforming uses are on premises that have been rezoned to allow for residential and mixed-use development. These incompatible uses can cause adverse impacts and reduce the quality of life in neighborhoods with residential uses. The intent of this Section is to not allow incompatible uses identified in this Section to continue near residential uses and to encourage land uses that are in compliance with the applicable land use plans and base zones. (a) The following previously conforming uses, when located within 50 feet from the property line of the previously conforming use to the property line of an existing residential use established prior to January 1, 2024, are considered incompatible uses: (1) Junk Yards; (2) Wrecking and Dismantling of Motor Vehicles; (3) Very Heavy Industrial Uses (as defined in Section 141.1009); and (4) The following Recycling Facilities: (A) Large Collection Facilities; (B) Large Construction and Demolition Debris Recycling Facility; (C) Large Processing Facility Accepting at least 98% of Total Annual Weight of Recyclables from Commercial and Industrial Traffic; (D) Large Processing Facility Accepting All Types of Traffic; and (E) Tire Processing Facilities. (b) The following requirements apply to previously conforming uses that are considered incompatible uses and are located within the San Diego Promise Zone as established on January 1, 2024: (1) If a previously conforming use has been discontinued for 30 or more consecutive days, the previously conforming use is no longer permitted to operate on the premises, and operations may not be resumed or changed to another use in the same category, except when temporarily discontinued due to repairs, including repairs needed for reconstruction following fire, natural disaster, or act of the public enemy. If the previously conforming use is temporarily discontinued while repairs of the structure are under construction, maintenance of an active construction permit and the Business Tax Certificate shall mean that the use has not been discontinued during the construction and the use’s previously conforming status is maintained. (2) The previously conforming use shall no longer be permitted to operate 15 years after the effective date of the ordinance. Notice of this date shall be sent by certified mail to the record owner and tenant(s) by the City of San Diego no later than 60 days after the ordinance takes effect.

(“Replacing Incompatible Previously Conforming Uses” added 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)