§127.0105 Reconstruction Following Fire, Natural Disaster, or Act of the Public Enemy — San Diego Zoning Code

(a) The reconstruction provisions of Section 127.0105 apply only to the reconstruction of a previously conforming structure destroyed, in whole or in part, as a result of fire, natural disaster, or act of the public enemy, that met one or more of the following conditions prior to the event that caused the destruction:
- (1) The structure had a previously conforming structural envelope
- (2) The structure was a dwelling unit , or a structure that included a dwelling unit or dwelling units , that made the premises previously conforming for density ; or
- (3) The structure contained a previously conforming use.
(b) Reconstruction of any previously conforming structure described in Section 127.0105(a) is permitted in accordance with Process One as follows:

Ch. Art. Div. 12 7 1 6

San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2026)

(1) Reconstruction of a non-residential structure containing a previously conforming use and resumption of the use where less than 50 percent of the structure’s exterior walls were destroyed; or
(2) Reconstruction of a structure with a previously conforming structural envelope or a structure that makes the premises previously conforming for density where:
- (A) The new structure would neither exceed the gross floor area nor the structure height of the destroyed structure by more than 10 percent; and
- (B) The new structur e would be located in substantially the same location as the destroyed structure or in a location that would reduce the non-conformity regarding structural envelope or density .

However, reconstruction of previously conforming density shall not exceed the number of dwelling units that existed prior to the event that caused the destruction.

(c) Reconstruction of any previously conforming structure described in Section 127.0105(a) requires a Neighborhood Development Permit decided in accordance with Process Two if the proposed development does not meet the criteria for Process One approval in Section 127.0105(b).
(d) In the Coastal Overlay Zone, the previously conforming status for a structure located on a premises that contains or abuts a coastal beach or a coastal bluff edge shall terminate upon:
- (1) destruction, demolition, or removal of 50 percent or more of the structure’s exterior walls, on a cumulative basis, which is any destruction, demolition, or removal that has occurred on or after October 13, 2016, which shall be measured in accordance with Section 127.0111, and for which the applicant shall provide sufficient evidence of the nature and extent of the cumulative changes at the time of application for any construction permit to rebut a presumption that the development is not entitled to previously conforming status, or

lition, or removal that has occurred on or after October 13, 2016, which shall be measured in accordance with Section 127.0111, and for which the applicant shall provide sufficient evidence of the nature and extent of the cumulative changes at the time of application for any construction permit to rebut a presumption that the development is not entitled to previously conforming status, or

(2) destruction, demolition, or removal of 50 percent or more of the capacity of the lateral or vertical load resisting system of the previously conforming structure , as determined by the Building Official.

Ch. Art. Div. 12 7 1 7

San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2026)

Upon termination, the development standards applicable to new structures shall then apply to the entire structure .

(e) Any reconstruction is subject to Coastal Development Permit regulations and other regulations applicable to conforming development . Section 127.0105 does not provide an exemption from any requirement to obtain applicable construction permits or development permits .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “Reconstruction Following Fire, Natural Disaster, or Act of the Public Enemy” and amended 5-5-2015 by O-20482 N.S.; effective 6-4-2015.) (Amended 7-19-2016 by O-20672 N.S.; effective 10-6-2016.)