§127.0108 Abandonment of Previously Conforming Uses — San Diego Zoning Code

(a) If a previously conforming use is discontinued for a period of less than two consecutive years, except previously conforming uses subject to Section 127.0112, operations may be resumed, or changed to another use in the same category in accordance with Section 127.0107.
(b) If a previously conforming use has been discontinued for a period of two or more consecutive years, except previously conforming uses subject to Section 127.0112, resumption of the use requires a Neighborhood Use Permit. Discontinuance of the use for a period of two or more consecutive years creates a presumption in favor of abandonment, against which the owner or person asserting the previously conforming status may offer evidence sufficient to satisfy the City Manager that one or more of the following has occurred:
- (1) The discontinuance is in accordance with Section 127.0108(d); or
- (2) An active Neighborhood Use Permit approves or conditionally approves resumption of the previously conforming use.
(c) A previously conforming use that is brought into conformance is no longer previously conforming and shall not resume operations or revert to a previously conforming status. A previously conforming use can maintain previously conforming status, except previously conforming uses subject to Section 127.0112, during construction in accordance with Section 127.0108(d) without being considered to have been abandoned.
(d) If the previously conforming use, except previously conforming uses subject to Section 127.0112, is temporarily discontinued while repairs, remodeling, or major alterations 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.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 5-5-2015 by O-20482 N.S.; effective 6-4-2015.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)

Ch. Art. Div. 12 7 1 12

San Diego Municipal Code (3-2026)

Chapter 12: Land Development Reviews