General Rules for Previously Conforming Premises and Uses
San Diego Municipal Code § 127.0102
in effect§127.0102 General Rules for Previously Conforming Premises and Uses
The following general rules apply to all previously conforming premises and uses:
(a) Previously conforming premises or uses must have been established in compliance with all permit requirements and must have been lawful until a change in the applicable zoning regulations made the premises or uses previously conforming.
(b) The property owner or person asserting previously conforming rights for a premises or use has the burden to provide the City Manager with sufficient documentation to establish the existence of the previously conforming premises or use.
(c) Previously conforming premises and uses that comply with the provisions of this Division may continue to exist and operate unless termination in accordance with an amortization period is otherwise required in the San Diego Municipal Code or by ordinance.
(d) Sale or transfer of the property or change of ownership does not terminate rights to the previously conforming premises or use, unless the owner agrees to such a condition as part of a permit or administrative or judicial order.
(e) Development involving previously conforming premises and uses is subject to all other regulations and any development permits that may otherwise be required by the Land Development Code. The decision process shown in Table 127-01A and described in Sections 127.0103 through 127.0109 pertains only to the review required for the aspects of a proposed development that may have previously conforming status.
(f) None of the previously conforming regulations in this Division grant any deviation from the height regulations of Section 132.0505 (Coastal Height Limit Overlay Zone), Section 132.1305 (Clairemont Mesa Height Limit Overlay Zone), or any other height limit overlay zone. Proposed development in overlay zones is also subject to the regulations of those overlay zones.
(g) If a previously conforming premises or use is brought into conformance by a change in use or new development, the previously conforming status is terminated and the premises or use cannot revert to a previously conforming status. A temporary discontinuance of operations in accordance with Section 127.0108(d) does not bring the previously conforming use into conformance or terminate the previously conforming status. See Section 127.0108 for additional regulations regarding discontinuance of previously conforming uses.
(h) Regulations for premises that have previously conforming parking are found in Section 142.0510(d).
(i) Regulations for premises that have previously conforming landscaping are set forth in Section 142.0410.
(j) Regulations for premises in the Airport Land Use Compatibility Overlay Zone that were legally established in an airport influence area prior to adoption of an Airport Land Use Compatibility Plan, or amendment thereto, are located in Section 132.1535.
(k) The regulations applicable to development involving previously conforming uses shall not apply to multiple dwelling unit development in a single dwelling unit zone that is previously conforming as to density.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 10-25-2011 by O-20047 N.S.; effective 1-1-2012.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(Amended 7-2-2013 by O-20268 N.S.; effective 8-2-2013.)
(Amended 5-5-2015 by O-20482 N.S.; effective 6-4-2015.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter12/Ch12Art07Division01.pdf#page=1Fetched: 10/28/2026