The purpose of this chapter is to establish the process and standards for the regulation of land uses as applicable to all Zones applied to all real property within the City. No land use or building may be permitted, established, constructed, or modified unless the provisions of this chapter and those of the applicable Zone are in full compliance with this Zoning Ordinance and the applicable conditions of approval. Specific procedures are location in Chapter 20.500 (Permits and Applications Process).

The land use provisions and regulations established by this chapter, as implemented by the Zone regulations, shall apply to all land uses, activities, structures, development, modification, redevelopment, and subdivisions within the City. All land uses and structures shall be established, constructed, reconstructed, altered, and/or replaced in compliance with the provisions of this Zoning Ordinance.

All land uses and structures shall be established, constructed, reconstructed, altered, or replaced in compliance with the provisions of this Zoning Ordinance and the regulations of the applicable Zone as established by the Zoning Map. All land uses and structures shall conform to the purpose and intent of the applicable Zone, and shall be conducted in such a manner as not to become obnoxious by reason of refuse matter, odor, dust, smoke, noise, light, vibration, and/or maintenance of grounds or buildings, or have a detrimental effect on permissible adjacent uses.

A.

Allowable Land Uses. Table 20.205-1 identifies the permit types and review references applicable to all Zones. Land use tables for each Zone identify allowed land uses within that Zone, consistent with Table 20.205-1 permit types.

B.

Permit Conditions and Approval Requirements. Prior to the establishment or construction of any land use or structure, the applicant shall do the following:

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Meet the approval process, acquire all Zone requirements, and meet all procedural elements set forth in Table 20.205-1 and Chapter 20.500 (Permits and Application Process).

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Comply with all applicable federal, state, and local laws applicable to the establishment, construction, and operation of the land use or structure.

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Comply with all regulations of the applicable Zone, development standards of this Zoning Ordinance, and all other applicable general or use-specific provisions of this Zoning Ordinance.

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Land uses and structures shall only be proposed, established, or constructed on a legally created parcel created in compliance with the Subdivision Map Act and the City's Subdivision Ordinance.

Table 20.205-1
General Land Use Permit Types and Processes

Note: Any land use authorized through a permit approval process may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by this Code. For unlisted and similar uses not regulated by a permit type, see Section 20.205.030.C (Unlisted and Similar Compatible Uses).

C.

Unlisted or Similar Compatible Uses. Any land use not specifically listed in the permitted uses table of the applicable Zone shall be prohibited, except as modified by this section.

1.

The Director shall have the authority to determine whether the proposed use may be permitted based on the finding that the proposed use meets all of the following:

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Is substantially similar in character and activity to a listed permitted use.

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Is compatible with the purpose and intent of the Zone.

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Has similar traffic, noise, light, and odor impacts as a listed permitted use.

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Will not be a nuisance to or hinder the full development of an existing use.

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Would be consistent with the General Plan and any applicable Specific Plan.

2.

Technical evidence and scientific means, when available, shall be considered in determining the form and intensity of performance standards typically associated with any identifiable type of the use in question. When the Director makes findings in writing that a proposed unlisted use is similar and compatible to a listed use, the proposed use will be treated in the same regulatory and permitting manner as the "similar use," and shall be subject to all applicable standards and requirements of this Zoning Ordinance.

3.

These unlisted or similar compatible use provisions shall not apply to permitted land uses in the MU-3 (SP) or MU-4 (SP) Zone. Permitted land uses in these Zones are not identified by this Zoning Ordinance and shall be identified during the required Specific Plan process.

D.

Prohibited Uses. For the purpose of conserving public health, safety and general welfare, land uses listed in this section are prohibited within any Zone in the City. These uses shall be prohibited outright and not subject to the Director's discretion. The City is a community in the larger North County area and within the San Diego County metropolitan region, which comprises a broader economic area for industry and commerce. The combination of San Diego County's zoning requirements and the zoning requirements of the various cities within the county provide full provision for all types of uses necessary for development. The following land uses and business activities are prohibited in all Zones within the City:

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Automotive wrecking yards

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Hookah retailers or lounges

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Salvage and scrap yards

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Swap meets

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Commercial Cannabis Activity

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Cannabis Cultivation, Outdoor

E.

Highest Permit Level Requirement. Where a proposed project includes multiple land uses or project elements requiring different permit levels within the Zone, all permits shall be processed concurrently, subject to review and approval at the highest level of required review authority. The highest designated approving authority for all requested permits shall take final action on all permits.

(Ord. No. 2016-1423, 3-8-2016; Ord. No. 2017-1453, § 2(Exh. A), 11-14-2017; Ord. No. 2021-1512, § 2(Exh. B), 1-11-2022)

In compliance with the provisions of this Zoning Ordinance, no building or structure shall be erected, reconstructed, or structurally altered, moved, enlarged, or rebuilt in a manner that does any of the following:

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Is not sited on a parcel or building site that conforms with the regulations of the applicable Zone and this Zoning Ordinance.

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Does not conform to the standards of the Transitional Zone, where applicable.

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Exceeds the height established for the Zone, unless otherwise modified by Chapter 20.345 (Nonconforming Uses and Structures) or this Zoning Ordinance.

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Reduces or encroaches upon the designated minimum setback area surrounding a building, except in conformity with the building site requirements and regulations established for the Zone.