San Diego Municipal Code Div. 1 General Rules for Separately Regulated Uses

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

This article provides regulations for specific uses that may be desirable and appropriate in a particular zone if limitations or conditions are placed on the development of those uses to minimize detrimental effects to neighboring properties or incompatibility with the permitted uses of the base zone. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) The regulations in this article apply to the development of uses that are identified in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) as Limited Uses or as uses requiring a Neighborhood Use Permit or a Conditional Use Permit .

(b) Limited Uses are uses that are permitted by right subject to the supplemental
regulations in this article.

(c) Uses requiring a Neighborhood Use Permit are uses that may provide
essential or desirable community services but have the potential to cause
limited, identifiable adverse impacts on surrounding development within a
localized area. This article contains supplemental regulations and
development standards to minimize these impacts and identifies issues to be
reviewed by the decision maker in evaluating a proposed use to determine
whether and under what conditions the use will be permitted.

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(d) Uses requiring a Conditional Use Permit are uses that may provide essential
or desirable community services but could have adverse impacts on the
surrounding community if not located, designed, and operated with
sensitivity. This article contains supplemental regulations and development
standards to minimize these impacts and identifies issues to be reviewed by
the decision maker in evaluating a proposed use to determine whether and
under what conditions the use will be permitted. These regulations and
standards are not intended to reflect all issues that might be associated with a
proposed development, but only those commonly associated with a typical
development. A proposed development may require development restrictions
or the application of conditions to address issues beyond those identified in
this article, based on the development’s location or characteristics.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Except as specifically provided in this Article, separately regulated uses are subject to the following regulations unless a variance has been approved in accordance with Chapter 12, Article 6, Division 8:

(1) The base zone development regulations in Chapter 13, Article 1 (Base
Zones);

(2) All applicable regulations of Chapter 13, Article 2 (Overlay Zones);

(3) All applicable regulations of Chapter 14 (General Regulations); and

(4) All applicable regulations of Chapter 6, Article 6 (Collection,
Transportation and Disposal of Refuse and Solid Waste).

(b) Where there is a conflict between the regulations in this article and other
regulations in the Land Development Code, this article shall apply.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.)
(Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.)

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(a) Limited Uses. Limited uses are permitted subject to compliance with the supplemental regulations in this article.

(b) Uses Requiring a Neighborhood Use Permit. A decision on a Neighborhood
Use Permit shall be made in accordance with Process Two.

(c) Uses Requiring a Conditional Use Permit. A decision on a Conditional Use
Permit shall be made in accordance with Process Three, Process Four, or
Process Five as indicated in the regulations for each conditional use.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) It is unlawful for any person to maintain or use any premises contrary to the applicable regulations in this article unless otherwise provided in the Land Development Code. Any contrary use shall be subject to the enforcement provisions in Chapter 12, Article 1 (General Information on Required Reviews and Enforcement). Violation of any provisions of this article shall be treated as a strict liability offense, regardless of intent.

(b) It is unlawful for any person to make any change in any use that is subject to a
Neighborhood Use Permit or a Conditional Use Permit with respect to any of
the regulations in this article pertaining to that use without obtaining an
amendment to the issued permit.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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Article 1: Separately Regulated Use Regulations