§132.1535 Previously Conforming

This section applies to the development and operation of existing uses of structures located within 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.

• (a) Development that is limited to interior modifications or repairs, or any exterior repairs or maintenance that does not increase the density or floor area ratio of an existing building shall be exempt from the requirements of this Division.

• (b) Reconstruction, alteration or expansion of a previously conforming use or structure may be permitted with a Building Permit as follows:

  • (1) Previously conforming single dwelling units and associated Accessory Dwelling Units or Junior Accessory Dwelling Units , as applicable, may be reconstructed, altered or expanded in compliance with the development regulations of the underlying base zone and applicable noise and avigation easement in this Division.

  • (2) Previously conforming multiple dwelling units may be reconstructed, altered, or expanded where the development would not increase the density , or create a hazard in conflict with airspace protection requirements .

  • (3) Previously conforming non-residential development may be reconstructed, altered, or expanded where the development would not increase the maximum number of people allowed on the site unless otherwise allowed by Section 132.1535(d).

  • (4) A previously conforming use that is discontinued temporarily due to fire, natural disaster, or an act of public enemy, or for repairs, remodeling, or major alterations may be resumed within 2 years of discontinuance by maintenance of an active construction permit and continuance of the Business Tax Certificate.

• (c) Where the existing use or structure is also previously conforming with respect to the underlying base zone regulations, development shall be subject to Sections 127.0103 and 132.1535.

• (d) Existing facilities for the following previously conforming uses may be expanded as follows:

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Chapter 13: Zones

(10-2024)

• (1) Expansion of an educational facility (Kindergarten through Grade 12) shall be limited to a maximum occupancy of 50 people in any single structure;

  • (A) In the Transition Zone of the MCAS Miramar airport influence area; and

  • (B) In Safety Zones 3 and 4 for the Brown Field Municipal Airport and Montgomery-Gibbs Executive Airport influence areas.

• (2) Expansion of a child care center shall be limited to a maximum occupancy of 50 people in any single structure;

  • (A) In the Transition Zone of the MCAS Miramar airport influence area;

  • (B) In Safety Zones 3 and 4 for the Brown Field Municipal Airport and Montgomery-Gibbs Executive Airport influence areas; and

  • (C) Expansion in the San Diego International Airport safety zones is permitted in accordance with Section 132.1535(b)(3).

• (3) Hospital expansion shall be limited to:

• (A) A maximum floor area ratio of 1.65 or 300 people per acre in the Transition Zone of the MCAS Miramar airport influence area; or

  • (B) A maximum floor area ratio of .72 or 130 people per acre in Safety Zones 3 and 4 of the Brown Field Municipal Airport or Montgomery-Gibbs Executive Airport influence areas.

• (4) Correctional facility expansion shall be limited to:

  • (A) A maximum of 300 people within the Transition Zone of the MCAS Miramar airport influence area;

  • (B) A maximum of 60 percent lot coverage and a maximum of 130 people per acre within Safety Zone 3 of the Brown Field Municipal Airport or Montgomery-Gibbs Executive Airport influence areas;

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San Diego Municipal Code (10-2024)

Chapter 13: Zones

• (C) A maximum of 70 percent lot coverage and a maximum of 130 people per acre within Safety Zone 4 of the Brown Field Municipal Airport or Montgomery-Gibbs Executive Airport influence areas; or

• (D) Expansion in the San Diego International Airport safety zones is permitted in accordance with Section 132.1535(b)(3).

(“Previously Conforming” added 10-25-2011 by O-20047 N.S.; effective 1-1-2012.) (Amended 9-15-2017 by O-20857 N.S.; effective 10-15-2017.) (Amended 8-12-2020 by O-21223 N.S.; effective 10-8-2020.) (Amended 12-17-2021 by O-21380 N.S.; effective 1-16-2022.)