San Francisco City Zoning Code
ARTICLE 1
GENERAL ZONING PROVISIONS
SEC. 101. PURPOSES.
This Planning Code is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare, and for the following more particularly specified purposes:
(a) To guide, control and regulate future growth and development in accordance with the General Plan of the City and County of San Francisco;
(b) To protect the character and stability of residential, commercial and industrial areas within the City, and to promote the orderly and beneficial development of such areas;
(c) To provide adequate light, air, privacy and convenience of access to property, and to secure safety from fire and other dangers;
(d) To prevent overcrowding the land and undue congestion of population;
(e) To regulate the location of buildings and the use of buildings and land adjacent to streets and thoroughfares, in such manner as to obviate the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 101.1. GENERAL PLAN CONSISTENCY AND IMPLEMENTATION.
(See Interpretations related to this Section.)
(a) The General Plan shall be an integrated, internally consistent and compatible statement of policies for San Francisco. To fulfill this requirement, after extensive public participation and hearings, the Planning Commission shall in one action amend the General Plan by January 1, 1988.
(b) The following Priority Policies are hereby established. They shall be included in the preamble to the General Plan and shall be the basis upon which inconsistencies in the General Plan are resolved:
(1) That existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses enhanced;
(2) That existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods;
(3) That the City's supply of affordable housing be preserved and enhanced;
(4) That commuter traffic not impede Muni transit service or overburden our streets or neighborhood parking;
(5) That a diverse economic base be maintained by protecting our industrial and service sectors from displacement due to commercial office development, and that future opportunities for resident employment and ownership in these sectors be enhanced;
(6) That the City achieve the greatest possible preparedness to protect against injury and loss of life in an earthquake;
(7) That landmarks and historic buildings be preserved; and,
(8) That our parks and open space and their access to sunlight and vistas be protected from development.
(c) The City may not adopt any zoning ordinance or development agreement authorized pursuant to Government Code Section 65865 after November 4, 1986, unless prior to that adoption it has specifically found that the ordinance or development agreement is consistent with the Priority Policies established above.
(d) The City may not adopt any zoning ordinance or development agreement authorized pursuant to Government Code Section 65865 after January 1, 1988, unless prior to that adoption it has specifically found that the ordinance or development agreement is consistent with the General Plan.
(e) Prior to issuing a permit for any project or adopting any legislation which requires an initial study under the California Environmental Quality Act, and prior to issuing a permit for any demolition, conversion or change of use, and prior to taking any action which requires a finding of consistency with the General Plan, the City shall find that the proposed project or legislation is consistent with the Priority Policies established above. For any such permit issued or legislation adopted after January 1, 1988 the City shall also find that the project is consistent with the General Plan.
(Added by Proposition M, 11/4/86; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 103. HOUSING BALANCE MONITORING AND REPORTING.
(a) Purposes. To maintain a balance between new affordable and market rate housing City-wide and within neighborhoods, to make housing available for all income levels and housing need types, to preserve the mixed income character of the City and its neighborhoods, to offset the withdrawal of existing housing units from rent stabilization and the loss of single-room-occupancy hotel units, to ensure the availability of land and encourage the deployment of resources to provide sufficient housing affordable to households of very low, low, and moderate incomes, to ensure adequate housing for families, seniors and the disabled community, to ensure that data on meeting affordable housing targets City-wide and within neighborhoods informs the approval process for new housing development, and to enable public participation in determining the appropriate mix of new housing approvals, there is hereby established a requirement, as detailed in this Section 103, to monitor and regularly report on the housing balance between market rate housing and affordable housing.
(b) Findings.
(1) In November 2014, the City voters enacted Proposition K, which established City policy to help construct or rehabilitate at least 30,000 homes by 2020. More than 50% of this housing would be affordable for middle-class households, with at least 33% affordable for low- and moderate-income households, and the City is expected to develop strategies to achieve that goal. This Section 103 sets forth a method to track performance toward the City's Housing Element goals and the near-term Proposition K goal that 33% of all new housing shall be affordable housing, as defined herein.
(2) The City's rent stabilized and permanently affordable housing stock serves very low-, low-, and moderate-income families, long-time residents, elderly seniors, disabled persons and others. The City seeks to achieve and maintain an appropriate balance between market rate housing and affordable housing City-wide and within neighborhoods because the availability of decent housing and a suitable living environment for every San Franciscan is of vital importance. Attainment of the City's housing goals requires the cooperative participation of government and the private sector to expand housing opportunities to accommodate housing needs for San Franciscans at all economic levels and to respond to the unique needs of each neighborhood where housing will be located.
(3) For tenants in unsubsidized housing, affordability is often preserved by the Residential Rent Stabilization and Arbitration Ordinance's limitations on the size of allowable rent increases during a tenancy. As documented in the Budget and Legislative Analyst's October 2013 Policy Analysis Report on Tenant Displacement, San Francisco is experiencing a rise in units withdrawn from rent controls. Such rises often accompany periods of sharp increases in property values and housing prices. From 1998 through 2013, the Rent Board reported a total of 13,027 no-fault evictions (i.e., evictions in which the tenant had not violated any lease terms, but the owner sought to regain possession of the unit). Total evictions of all types have increased by 38.2% from Rent Board Year (i.e. from March through February) 2010 to Rent Board Year 2013. During the same period, Ellis Act evictions far outpaced other evictions, increasing by 169.8% from 43 in Rent Board Year 2010 to 116 in Rent Board Year 2013. These numbers do not capture the large number of owner buyouts of tenants, which contribute further to the loss of rent-stabilized units from the housing market. Any fair assessment of the affordable housing balance must incorporate into the calculation units withdrawn from rent stabilization.
(4) Pursuant to Government Code Section 65584, the Association of Bay Area Governments (ABAG), in coordination with the California State Department of Housing and Community Development (HCD), determines the Bay Area's regional housing need based on regional trends, projected job growth, and existing needs. The regional housing needs assessment (RHNA) determination includes production targets addressing housing needs of a range of household income categories. For the RHNA period covering 2015 through 2022, ABAG has projected that at least 38% of new housing demands for San Francisco will be from very low and low income households (households earning under 80% of area median income), and another 22% of new housing demands to be affordable to households of moderate means (earning between 80% and 120% of area median income). Market-rate housing is considered housing with no income limits or special requirements attached.
(5) The Housing Element of the City's General Plan states: "Based on the growing population, and smart growth goals of providing housing in central areas like San Francisco, near jobs and transit, the State Department of Housing and Community Development (HCD), with the Association of Bay Area Governments (ABAG), estimates that in the current 2015-2022 Housing Element period San Francisco must plan for the capacity for roughly 28,870 new units, 57% of which should be suitable for housing for the extremely low, very low, low and moderate income households to meet its share of the region's projected housing demand." Objective 1 of the Housing Element states that the City should "identify and make available for development adequate sites to meet the City's housing needs, especially permanently affordable housing." Objective 7 states that San Francisco's projected affordable housing needs far outpace the capacity for the City to secure subsidies for new affordable units.
(6) In 2012, the City enacted Ordinance 237-12, the "Housing Preservation and Production Ordinance," codified in Administrative Code Section 10E.4
, to require Planning Department staff to regularly report data on progress toward meeting San Francisco's quantified production goals for different household income levels as provided in the General Plan's Housing Element. That Ordinance requires data on the number of units in all stages of the housing production process at various affordability levels to be included in staff reports on all proposed projects of five Residential Units or more and in quarterly housing production reports to the Planning Commission. The Planning Department has long tracked the number of affordable housing units and total number of housing units built throughout the City and in specific areas and should be able to track the ratio called for in this Section 103.
(7) As the private market has embarked upon, and government officials have urged, an ambitious program to produce significant amounts of new housing in the City, the limited remaining available land makes it essential to assess the impact of the approval of new market rate housing developments on the availability of land for affordable housing and to encourage the deployment of resources to provide such housing.
(c) Housing Balance Calculation.
(1) For purposes of this Section 103, “Housing Balance” shall be defined as the propor- tion of all new housing units affordable to households of extremely low, very low, low, or moderate income households, as defined in California Health & Safety Code Sections 50079.5 et seq., as such provisions may be amended from time to time, less the number of units removed from rent-controlled or below-market status, to the total number of all new housing units for a 10- year Housing Balance Period.
(2) The Housing Balance Period shall begin with the first quarter of year 2005 to the last quarter of 2014, and thereafter for the ten years prior to the most recent calendar quarter.
(3) For each year that data is available, beginning in 2005, the Planning Department shall report net housing construction by income levels, as well as units that have been withdrawn from protection afforded by City law, such as laws providing for rent-controlled and single resident occupancy (SRO) units. The affordable housing categories shall include net new units, as well as existing units that were previously not restricted by deed or regulatory agreement that are acquired for preservation as permanently affordable housing as determined by the Mayor’s Office of Housing and Community Development (MOHCD) (not including refinancing or other rehabilitation under existing ownership), protected by deed or regulatory agreement for a minimum of 55 years. The report shall include, by year, and for the latest quarter, all units that have received Temporary Certificates of Occupancy within that year, a separate category for units that obtained a site or building permit, and another category for units that have received approval from the Planning Commission or Planning Department, but have not yet obtained a site or building permit to commence construction (except any entitlements that have expired and not been renewed during the Housing Balance Period). Master planned entitlements, including but not limited to such areas as Treasure Island, Hunters Point Shipyard, and Park Merced, shall not be included in this latter category until individual building entitlements or site permits are approved for specific housing projects. For each year or approval status, the following categories shall be separately reported:
(A) Extremely Low Income Units, which are units available to individuals or families making between 0-30% Area Median Income (AMI) as defined in California Health & Safety Code Section 50106, and are subject to price or rent restrictions between 0-30% AMI;
(B) Very Low Income Units, which are units available to individuals or families making between 30-50% AMI as defined in California Health & Safety Code Section 50105, and are subject to price or rent restrictions between 30-50% AMI;
(C) Lower Income Units, which are units available to individuals or families making between 50-80% AMI as defined in California Health & Safety Code Section 50079.5, and are subject to price or rent restrictions between 50-80% AMI;
(D) Moderate Income Units, which are units available to individuals or families making between 80-120% AMI and are subject to price or rent restrictions between 80-120% AMI;
(E) Middle Income Units, which are units available to individuals or families making between 120-150% AMI and are subject to price or rent restrictions between 120-150% AMI;
(F) Market-rate units, which are units not subject to any deed or regulatory agreement with price restrictions;
(G) Housing units withdrawn from protected status, including units withdrawn from rent control (except those units otherwise converted into permanently affordable housing), including all units that have been subject to rent control under the San Francisco Residential Rent Stabilization and Arbitration Ordinance but that a property owner removes from the rental market including but not limited to through owner move- in pursuant to Administrative Code Section 37.9(a)(8), through condominium conversion pursuant to Administrative Code Section 37.9(a)(9), demolition or alterations (including dwelling unit mergers), or permanent removal pursuant to Administrative Code Section 37.9(a)(10) or removal pursuant to the Ellis Act under Administrative Code Section 37.9(a)(13);
(H) Public housing replacement units and substantially rehabilitated units through the HOPE SF and Rental Assistance Demonstration (RAD) programs, as well as other substantial rehabilitation programs managed by MOHCD.
(4) The Housing Balance shall be expressed as a percentage, obtained by dividing the cumulative total of extremely low, very low, low, and moderate income affordable housing units (all units 0-120% AMI) minus the lost protected units described in subsection (c)(3)(G) above, by the total number of net new housing units within the Housing Balance Period. The Housing Balance shall also provide two calculations:
(A) the Cumulative Housing Balance, consisting of housing units that have already been constructed (and received a Temporary Certificate of Occupancy or other certificate that would allow occupancy of the units) within the 10-year Housing Balance Period, plus those units that have obtained a site or building permit. A separate calculation of the Cumulative Housing Balance shall also be provided, which includes HOPE SF and RAD public housing replacement and substantially rehabilitated units (but not including general rehabilitation/maintenance of public housing or other affordable housing units) that have received Temporary Certificates of Occupancy within the Housing Balance Period. The Housing Balance Reports will show the Cumulative Housing Balance with and without public housing included in the calculation; and
(B) the Projected Housing Balance, which shall include any residential project that has received approval from the Planning Commission or Planning Department, even if the housing project has not yet obtained a site or building permit to commence construction (except any entitlements that have expired and not been renewed during the Housing Balance period). Master planned entitlements shall not be included in the calculation until individual building entitlements or site permits are approved.
(d) Bi-annual Housing Balance Reports. By June 1, 2015, the Planning Department shall calculate the Cumulative and Projected Housing Balance for the most recent two quarters City-wide, by Supervisorial District, Plan Area, and by neighborhood Planning Districts, as defined in the annual Housing Inventory, and publish it as an easily visible and accessible page devoted to Housing Balance and Monitoring and Reporting on the Planning Department’s website. By October 1 and April 1 of each year, the Planning Department shall publish and update the Housing Balance Report, and present this report at an informational hearing to the Planning Commission and Board of Supervisors, as well as to any relevant body with geographic purview over a plan area upon request, along with the other quarterly reporting requirements of Administrative Code Section 10E.4.
The annual report to the Board of Supervisors shall be accepted by resolution of the Board, which resolution shall be introduced by the Planning Department. The Housing Balance Report shall also be incorporated into the Annual Planning Commission Housing Hearing and Annual Report to the Board of Supervisors required in Administrative Code Section 10E.4
.
(e) Annual Hearing by Board of Supervisors.
(1) The Board of Supervisors shall hold a public Housing Balance hearing on an annual basis by April 15 of each year, to consider progress towards the City’s affordable housing goals, including the goal of a minimum 33% affordable housing to low and moderate income households, as well as the City’s General Plan Housing Element housing production goals by income category.
(2) The hearing shall include reporting by the Planning Department, which shall present the latest Housing Balance Report City-wide and by Supervisorial District and Planning District; the Mayor's Office of Housing and Community Development, the Mayor's Office of Economic and Workforce Development, the Rent Stabilization Board, by the Department of Building Inspection, and the City Economist on strategies for achieving and maintaining a housing balance in accordance with San Francisco's housing production goals. If the Cumulative Housing Balance has fallen below 33% in any year, MOHCD shall determine how much funding is required to bring the City into a minimum 33% Housing Balance and the Mayor shall submit to the Board of Supervisors a strategy to accomplish the minimum of 33% Housing Balance. City Departments shall at minimum report on the following issues relevant to the annual Housing Balance hearing: MOHCD shall report on the annual and projected progress by income category in accordance with the City's General Plan Housing Element housing production goals, projected shortfalls and gaps in funding and site control, and progress toward the City's Neighborhood Stabilization goals for acquiring and preserving the affordability of existing rental units in neighborhoods with high concentrations of low and moderate income households or historically high levels of evictions; the Planning Department shall report on current and proposed zoning and land use policies that affect the City's General Plan Housing Element housing production goals; the Mayor's Office of Economic and Workforce Development shall report on current and proposed major development projects, dedicated public sites, and policies that affect the City's General Plan Housing Element housing production goals; the Rent Board shall report on the withdrawal or addition of rent-controlled units and current or proposed policies that affect these numbers; the Department of Building Inspection shall report on the withdrawal or addition of Residential Hotel units and current or proposed policies that affect these numbers; and the City Economist shall report on annual and projected job growth by the income categories specified in the City's General Plan Housing Element.
(3) All reports and presentation materials from the annual Housing Balance hearing shall be maintained by year for public access on the Planning Department's website on its page devoted to Housing Balance Monitoring and Reporting.
AMENDMENT HISTORY
SEC. 105. ZONING MAP.
The designations, locations and boundaries of the districts established by this Code shall be shown upon the "Zoning Map of the City and County of San Francisco," which shall consist of a series of numbered sectional maps. Wherever any uncertainty exists as to the boundary of any district as shown on said sectional maps, the following rules shall apply:
(a) Where boundary lines are indicated as following streets and alleys within the right-of-way, they shall be construed as following the centerlines of such streets and alleys;
(b) Where boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries;
(c) Where a boundary line divides a lot or crosses unsubdivided property; the location of such boundary shall be as indicated upon the Zoning Map using the scale appearing on such map;
(d) Where further uncertainty exists, the City Planning Commission upon written application, or on its own motion, shall by resolution determine the location of a disputed boundary giving due consideration to the apparent indicated location thereof and the scale of the Zoning Map and the express purposes of this Code;
(e) Wherever any property is not under these rules specifically included in any use district shown on the Zoning Map, such property is hereby declared to be in an RH-1(D) District, except that all property owned on the effective date of this amendment by the United States of America, State of California, City and County of San Francisco, or other governmental agency and within the City and County of San Francisco but not within the area covered by Sectional Maps Nos. 1 through 14 of the Zoning Map is hereby declared to be in a P (Public Use) District unless reclassified in accordance with the provisions of this Code;
(f) Wherever any property is not under these rules specifically included in any height and bulk district shown on the Zoning Map, such property is hereby declared to be in a 40-X height and bulk district, except that all property owned on the effective date of this amendment by the United States of America, State of California, City and County of San Francisco, or other governmental agency and within the City and County of San Francisco but not within the area covered by Sectional Maps Nos. 1H through 14H of the Zoning Map is hereby declared to be in an OS (Open Space) District unless reclassified in accordance with the provisions of this Code.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011)
AMENDMENT HISTORY
SEC. 106. ZONING MAP INCORPORATED HEREIN.
The Zoning Map of the City and County of San Francisco referred to in Section 105, the original of which is on file with the Clerk of the Board of Supervisors under File No. 4608, is hereby incorporated herein as though fully set forth, and the designations, locations and boundaries of districts shall be as shown thereon, subject to the provisions of Section 105 hereof. The Zoning Map may be amended by ordinance adopted by the Board of Supervisors in accordance with Section 302(c), relating to amendments approved by the City Planning Commission, or by ordinance adopted by the Board of Supervisors in accordance with Sections 302(c) and 308.1(d), relating to amendments disapproved by the City Planning Commission. Such amendments whether heretofore or hereafter adopted, shall not be printed or reprinted as part of the text of the City Planning Code, but the changes so authorized thereupon shall be incorporated in the Zoning Map and shall be included in any subsequent editions thereof.
(Amended by Ord. 443-78, App. 10/6/78)
SEC. 108. NEW NAMES.
As of July 1, 1996, the effective date of the revised Charter, all references in this Code to the "Master Plan" shall mean "General Plan," to the "Department of City Planning" shall mean "Planning Department," to the "City Planning Commission" shall mean "Planning Commission," to the "Board of Permit Appeals" shall mean "Board of Appeals."
(Added by Ord. 321-96, App. 8/8/96)
SEC. 109. SEVERABILITY.
(a) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(b) If the application of any provision or provisions of this Code to any lot, building, sign or other structure, or parcel of land is found to be invalid or ineffective, in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the property or situation immediately involved in the controversy, and the application of any such provision to other properties and situations shall not be affected.
(c) This Section 109 shall apply to every Article of this Code, as the Code has existed in the past, as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.
(Amended by Ord. 443-78, App. 10/6/78)
A
Accessory Use. A related minor Use that is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or appropriate, incidental, and subordinate to any such use, and is located on the same lot. Accessory Uses are regulated by Sections 204 through 204.5 and Sections 703(d), 803.2(d), 803.3(b)(1)(C), 825(c)(1)(C), and 986 of this Code.
Adjacent Building. Generally, a building on a lot adjoining the subject lot along a side lot line.
Adult Business. A Retail Sales and Service Use that includes the following: adult bookstore or adult video store, as defined by Section 791 of the Police Code; adult theater, as defined by Section 791 of the Police Code; and encounter studio, as defined by Section 1072.1 of the Police Code. Such use shall be located no less than 1,000 feet from another Adult Business use.
Agricultural and Beverage Processing 1. An Industrial use that involves the processing of agricultural products and beverages with a low potential for noxious fumes, noise, and nuisance to the surrounding area, including but not limited to bottling plants, breweries, dairy products plant, malt manufacturing or processing plant, fish curing, smoking, or drying, cereal manufacturing, liquor distillery, manufacturing of felt or shoddy, processing of hair or products derived from hair, pickles, sauerkraut, vinegar, yeast, soda or soda compounds, meat products, and fish oil. This use does not include the processing of wood pulp, and is subject to the operating conditions outlined in Section 202.2(d).
Agricultural and Beverage Processing 2. An Industrial Use that involves the processing of agricultural products and beverages with a high potential for noxious fumes, noise, and nuisance to the surrounding area, including but not limited to a flour mill; sugar refinery; manufacturer of cannabis products or extracts that are derived by using volatile organic compounds (any use requiring License Type 7—Manufacturer 2, as defined in California Business and Professions Code, Division 10); and facility for wool pulling or scouring. This use does not include the processing of wood pulp, and is subject to the operating conditions outlined in Section 202.2(d).
Agriculture. A Use Category that includes Industrial Agriculture, Neighborhood Agriculture, and Large-Scale Urban Agriculture.
Agriculture, Industrial. An Agricultural use that involves the cultivation of plants for wholesale sales or industrial uses. This use includes, but is not limited to, plant nurseries and cannabis cultivation operations, and is subject to the location and operating conditions listed in Section 202.2(c). For the cultivation of cannabis, this definition includes all cultivation pursuant to state license types that allow for indoor and/or mixed-light cultivation with up to 22,000 sq. ft. of canopy.
Agriculture, Large-Scale Urban. An Agricultural Use that is characterized by the use of land for the production of food or horticultural crops to be harvested, sold, donated, or otherwise not used or consumed by the operator of the premises that occur: (a) on a plot of land one acre or larger or (b) on smaller parcels that cannot meet the physical and operational standards for Neighborhood Agriculture. This use is subject to location and operational conditions outlined in Section 202.2(c) and does not include any cannabis-related use or any other agricultural activities, including the cultivation of cannabis for personal use.
Agriculture, Neighborhood. An Agricultural Use that occupies less than one acre for the production of food or horticultural crops to be harvested, sold, or donated and complies with the con trols and standards herein. The use includes, but is not limited to, home, kitchen, and roof gardens. Farms that qualify as Neighborhood Agricultural Use may include, but are not limited to, community gardens, community-supported agriculture, market gardens, and private farms. Neighborhood Agricultural Use may be principal or accessory use. This use is subject to location and operational conditions outlined in Section 202.2(c) and does not include any cannabis-related use or any other agricultural activities, including the cultivation of cannabis for personal use.
Agriculture, Urban. Any subgrouping of Agricultural Uses that includes either Neighborhood Agriculture or Large-Scale Urban Agriculture.
Alley. A right-of-way, less than 30 feet in width, permanently dedicated to common and general use by the public.
Ambulance Service. See Service, Ambulance.
Animal Hospital. A Retail Sales and Service Use that provides medical care and accessory boarding services for animals, not including a Kennel.
Arts Activities. A retail Entertainment, Arts and Recreation Use that includes performance, exhibition (except exhibition of films), rehearsal, production, post-production and some schools of any of the following: dance; music; dramatic art; film; video; graphic art; painting; drawing; sculpture; small-scale glassworks; ceramics; textiles; woodworking; photography; custom-made jewelry or apparel; and other visual, performance, and sound arts and craft. It shall exclude accredited Schools and Post-Secondary Educational Institutions. It shall include commercial arts and art-related business service uses including, but not limited to: recording and editing services; small-scale film and video developing and printing; titling; video and film libraries; special effects production; fashion and photo stylists; production, sale, and rental of theatrical wardrobes; and studio property production and rental companies. Arts spaces shall include studios, workshops, archives, and theaters, and other similar spaces customarily used principally for arts activities, exclusive of a Movie Theater, General Entertainment, arcades that provide eleven or more amusement game devices, Adult Business, and any other establishment where liquor is customarily served during performances.
Automobile Assembly. An Industrial Use that involves the assembly of parts for the purpose of manufacturing automobiles, trucks, buses, or motorcycles. This use is subject to operational and location restrictions outlined in Section 202.2(d) of this Code.
Automobile Wrecking. An Industrial Use that includes the storage of vehicles in not in operational condition and/or sale of used automobile parts, or for the storage, dismantling, or abandonment of junk, automobiles, trailers, machinery or parts thereof. This use is subject to operational and location restrictions outlined in Section 202.2(d) of this Code.
Automobile Sale or Rental. A Retail Automotive Use that provides vehicle sales or rentals within a building or on an open lot.
Automotive Repair. A Retail Automotive Use that provides any of the following automotive repair services, when conducted within an enclosed building having no openings, other than fixed windows or exits required by law, located within 50 feet of any R District: minor auto repair, engine repair, rebuilding, or installation of power train components, reconditioning of badly worn or damaged motor vehicles, collision service, or full body paint spraying. It may include other services for automobiles including, but not limited to, accessory towing, if all towed vehicles stored on the premises are limited to those vehicles that are to be repaired on the premises.
Automotive Service. A subgrouping of Retail Automotive Uses providing services for motor vehicles that includes Gas Station, Automotive Service Station, Automotive Repair, and Automotive Wash.
Automotive Service Station. A Retail Automotive Use that provides motor fuels and lubricating oils directly into motor vehicles and minor auto repairs (excluding engine repair, rebuilding, or installation of power train components, reconditioning of badly worn or damaged motor vehicles, collision service, or full body paint spraying) and services that remain incidental to the principal sale of motor fuel. Repairs shall be conducted within no more than three enclosed service bays in buildings having no openings, other than fixed windows or exits required by law, located within 40 feet of any R District. It may include other incidental services for automobiles including, but not limited to, accessory towing, if the number of towing vehicles does not exceed one, and all towed vehicles stored on the premises are limited to those vehicles that are to be repaired on the premises. This use is subject to the controls in Sections 187.1 and 202.2(b).
Automotive Use. A Commercial Use category that includes Automotive Repair, Ambulance Services, Automobile Sale or Rental, Automotive Service Station, Automotive Wash, Electric Vehicle Charging Location, Fleet Charging, Gas Station, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, Vehicle Storage Lot, and Motor Vehicle Tow Service. All Automotive Uses that have Vehicular Use Areas defined in this Section of the Code shall meet the screening requirements for vehicular use areas in Section 142.
Automotive Use, Non-Retail. A subcategory of Automotive Use that includes Ambulance Services, Fleet Charging, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, and Motor Vehicle Tow Service.
Automotive Use, Retail. A subcategory of Automotive Use that includes Automotive Repair, Automotive Sale or Rental, Automobile Service Station, Automotive Wash, Electric Vehicle Charging Location, Gas Station, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, and Vehicle Storage Lot.
Awning. A light roof-like structure, supported entirely by the exterior wall of a building; consisting of a fixed or movable frame covered with cloth, plastic, or metal; extending over doors, windows, and/or show windows; with the purpose of providing protection from sun and rain and/or embellishment of the façade; as further regulated in Section 3105 of the Building Code.
B
Bar. A Retail Sales and Service Use that provides on-site alcoholic beverage sales for drinking on the premises, including bars serving beer, wine, and/or liquor to the customer where no person under 21 years of age is admitted (with Alcoholic Beverage Control [ABC] license types 23, 42, 48, or 61), drinking establishments serving beer where minors are present (with ABC license types 40 or 60) in conjunction with other uses such as Movie Theaters and General Entertainment, and bars serving wine operated by licensed winegrowers (with ABC license type 02). Such businesses shall operate with the specified conditions in Section 202.2(a). A non-profit theater that provides on-site alcoholic beverage sales only for consumption by ticket-holding patrons on the premises, with ABC license type 64, shall not be considered a Bar use. A music entertainment facility that is authorized to sell beer, wine, and distilled spirits at retail for consumption on the premises, with ABC license type 90, shall not be considered a Bar use.
Basement. See Story.
Bedroom. A room primarily used for sleeping that meets the minimum requirements as defined in the Building Code for sleeping rooms.
Board of Supervisors (Board). The Board of Supervisors of the City and County of San Francisco.
Bona Fide Eating Place. A place that is regularly and in a bona fide manner used and kept open for the service of meals to guests for compensation and that has suitable kitchen facilities connected therewith, containing conveniences for cooking of an assortment of foods that may be required for ordinary meals.
(a) "Meals" shall mean an assortment of foods commonly ordered at various hours of the day for breakfast, lunch, or dinner. Incidental food service, comprised only of appetizers to accompany drinks, is not considered a meal. Incidental, sporadic, or infrequent sales of meals or a mere offering of meals without actual sales is not compliance.
(b) "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.
(c) Actual and substantial sales of meals are required, during the normal days and meal hours that a bona fide public eating place is open, provided that "normal days of operation" shall mean a minimum of five days a week and "normal hours" of operation for meal service shall mean approximately 7:00 a.m. to 11:00 a.m. if open for breakfast; 11:00 a.m. to 2:00 p.m. if open for lunch; or 5:00 p.m. to 10:00 p.m. if open for dinner.
(d) The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the Department of Public Health.
(e) The establishment must secure significant revenue from food and non-alcoholic beverage sales. Significant revenue from food and non-alcoholic beverage sales shall mean either:
(1) A minimum of 51% of the establishment’s gross receipts shall be from food sales prepared and sold to guests on the premises. Records of the establishment’s gross receipts shall be provided to the Department upon request; or
(2) Annual gross food and non-alcoholic beverage sales prepared and sold to guests on the premises of at least $4,200 per occupant based on the premises’ maximum occupant load as determined and approved by the Fire Department and Department of Building Inspection. Records of the establishment’s gross sales shall be provided to the Department upon request. The Zoning Administrator may adjust the amount of $4,200 per occupant each year, provided that such adjustments are supported by specific financial and economic criteria, including but not limited to a review of the restaurant market, costs, prices, profits, and loses,1
and recognizing the differences in sizes and types of establishments.
(f) A "bona fide eating place" does not include an Adult Business as defined in this Section of the Code.
(g) For a place that has also established a Nighttime Entertainment Use and that only provides on-site alcoholic beverage sales for consumption by ticket-holding patrons on the premises during the normal hours of operation of entertainment activities, paragraphs (c) and (e) do not apply, but actual and substantial sales of meals are required during the normal hours of operation. For purposes of this paragraph, the “normal hours of operation” shall include two hours prior to, and one hour after, entertainment activities, but may not exceed eight total hours in a calendar day. This paragraph (g) does not apply to a place located in the Broadway Neighborhood Commercial District, North Beach Neighborhood Commercial District, Pacific Avenue Neighborhood Commercial District, or Polk Street Neighborhood Commercial District.
Building. Any structure having a roof supported by columns or walls.
C
Cannabis Retail. A Retail Sales and Service Use that sells or otherwise provides cannabis and cannabis-related products for adult use, and that may also include the sale or provision of cannabis for medicinal use. A Cannabis Retail establishment may only be operated by the holder of (a) a valid license from the State of California (License Type 10—Retailer, as defined in California Business and Professions Code, Division 10) and (b) a valid permit from the City’s Office of Cannabis. This use is subject to operating and location restrictions set forth in Section 202.2(a).
Canopy. A light roof-like structure, supported by the exterior wall of a building and on columns or wholly on columns, consisting of a fixed or movable frame covered with approved cloth, plastic or metal, extending over entrance doorways only, with the purpose of providing protection from sun and rain and/or embellishment of the façade, as further regulated in Section 3105 of the Building Code.
Catering. A Non-Retail Sales and Service Use that involves the preparation and delivery of goods including the following items: food, beverages; balloons, flowers, plants, party decorations and favors; or cigarettes/candy.
Chair/Foot Massage. See Massage, Chair/Foot.
Child Care Facility. An Institutional Community Use defined in California Health and Safety Code Section 1596.750 that provides less than 24-hour care for children by licensed personnel and meets the open-space and other requirements of the State of California and other authorities.
City. The City and County of San Francisco.
Commercial to Residential Adaptive Reuse. Commercial to Residential Adaptive Reuse shall mean to change the use of an existing Gross Floor Area from a non-residential use, other than a hotel use, to a residential use pursuant to Section 210.5.
Commercial Use. A land use with the sole or chief emphasis on making financial gain, including but not limited to Agricultural Uses, Industrial Uses, Sales and Service Uses, Retail Entertainment Uses, and Auto Uses.
Commission. The San Francisco Planning Commission.
Community Facility. An Institutional Community Use that includes community clubhouses, neighborhood centers, community cultural centers, or other community facilities not publicly owned but open for public use in which the chief activity is not carried on as a gainful business and whose chief function is the gathering of persons from the immediate neighborhood in a structure for the purposes of recreation, culture, social interaction, health care, or education other than Institutional Uses as defined in this Section.
Community Facility, Private. An Institutional Community Use that includes a private lodge, private clubhouse, and private recreational facility other than a Community Facility as defined in this section, and which is not operated as a gainful business.
Community Recycling Collection Center. A Utility and Infrastructure Use that collects, stores, or handles recyclable materials, including glass and glass bottles, newspaper, aluminum, paper and paper products, plastic and other materials which may be processed and recovered, if within a completely enclosed container or building, having no openings other than fixed windows or exits required by law, provided that: (1) Flammable materials are collected and stored in metal containers; and (2) Collection hours are limited to 9:00 a.m. to 7:00 p.m. daily. It does not include the storage, exchange, packing, disassembling or handling of junk, waste, used furniture and household equipment, used cars in operable condition, used or salvaged machinery, or salvaged house-wrecking and structural steel materials and equipment.
Condition(s) of Approval. A condition or set of written conditions imposed by the Planning Commission or another permit-approving or issuing City agency or appellate body to which a project applicant agrees to adhere and fulfill when it receives approval for the construction of a development project subject to this Article.
Conditional (or Conditionally Permitted) Use. Conditional Use allows the Planning Commission to consider uses or projects that may be necessary or desirable in a particular neighborhood, but which are not allowed as a matter of right within a particular zoning district. Whether a use is conditional in a given district is indicated in this Code. Sections of this Code that govern Conditional Uses include, but are not limited to Sections 178, 179, 303, and 303.1.
Corner Lot. See Lot, Corner.
Cottage Food Operation. An Accessory Use to a Dwelling Unit as defined in Section 113758 of the California State Health and Safety Code.
Court. Any space on a lot other than a yard that, from a point not more than two feet above the floor line of the lowest story in the building on the lot in which there are windows from rooms abutting and served by the court, is open and unobstructed to the sky, except for obstructions permitted by this Code. An "outer court" is a court, one entire side or end of which is bounded by a front setback, a rear yard, a side yard, a front lot line, a street, or an alley. An "inner court" is any court that is not an outer court.
D
DBI. The San Francisco Department of Building Inspection or its successor.
Density, Form-Based. A type of residential density where the maximum number of residential units is not numerically limited by lot or lot area but by the number of units that could be built within the volume of a proposed development that complies with all applicable Planning Code requirements and Objective Standards. Such requirements and standards include, but are not limited to, Height, Bulk, Rear Yard, Lot Coverage, Setbacks, Open Space, Dwelling Unit Exposure, and Dwelling Unit Mix.
Density, Numeric. A type of residential density where the permitted maximum number of residential units is calculated based on a specified number of units per lot, or number of units per lot area.
Department. See Planning Department.
Development Application. Any application for a land use authorization or entitlement, including but not limited to a Project Authorization, Conditional Use, Variance, Large Project Authorization, HOME-SF Project Authorization, authorization pursuant to Article 3 of the Planning Code, or for any other authorization of a development project required to be approved by the Planning Department, Zoning Administrator, Historic Preservation Commission, or Planning Commission, that has been deemed complete by the Planning Department and includes any information necessary to conduct environmental review, determine Planning Code compliance, and conformity with the General Plan.
Development Impact Fee. A fee imposed on a development project as a condition of approval to mitigate the impacts of increased demand for public services, facilities, or housing caused by the development project that may or may not be an impact fee governed by the California Mitigation Fee Act (California Government Code Section 66000, et seq.).
Design Professional. A Non-Retail Sales and Service Use that provides professional design services to the general public or to other businesses and includes architectural, landscape architectural, engineering, interior design, and industrial design services. It does not include (1) the design services of graphic artists or other visual artists which are included in the definition of Arts Activities; or (2) the services of advertising agencies or
other services which are included in the definition of Retail Professional Service or Non-Retail Professional Service, Financial Service, or Health Service. Design Professional Uses in Neighborhood Commercial Districts are subject to the operating restrictions outlined in Section 202.2(i).
Designated Child Care Unit. A Dwelling Unit that is designated for use as a State-licensed Small Family Child Care Home and meets the applicable standards established in Section 414A.6.
Diagonal Dimension. See Plan Dimensions.
Director. The Director of the Planning Department or his or her designee.
District. A portion of the territory of the City, as shown on the Zoning Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of this Code. The term "district" shall include any use, special use, height and bulk, or special sign district. The classes of use districts are described in Section 201 of this Code.
Drive-Up Facility. A Use Characteristic that includes a structure designed for drive-to or drive-through trade which provides service to patrons while in private motor vehicles, excluding Automotive Gas Station, Automotive Service Station, Automotive Repair, and Automotive Wash.
DPW. The Department of Public Works or its successor.
Dwelling. A building, or portion thereof, containing one or more Dwelling Units. A "one-family dwelling" is a building containing exclusively a single Dwelling Unit. A "two-family dwelling" is a building containing exclusively two Dwelling Units. A "three-family dwelling" is a building containing exclusively three Dwelling Units.
Dwelling Unit. A Residential Use defined as a room or suite of two or more rooms that is designed for, or is occupied by, one family doing its own cooking therein and having only one kitchen. A Dwelling Unit shall also include “employee housing” when providing accommodations for six or fewer employees, as provided in State Health and Safety Code §17021.5. A housekeeping room as defined in the Housing Code shall be a Dwelling Unit for purposes of this Code. For the purposes of this Code, a Live/Work Unit, as defined in this Section, shall not be considered a Dwelling Unit.
Dwelling Unit, Accessory, or ADU. Also known as a Secondary Unit or In-Law Unit, is a Dwelling Unit that meets all the requirements of Section 207.1 or Section 207.2 and that is accessory to at least one other Dwelling Unit on the same lot. A detached ADU shall not share structural walls with the primary structure on the lot. Height for detached ADUs located outside the buildable area shall be measured from existing grade at any given point to either a) the highest point of a finished roof in the case of a flat roof or b) the average height of a pitched roof or stepped roof, or similarly sculptured roof form. Height for detached ADUs located outside the buildable area shall not be eligible for any exemptions described in Planning Code subsection 260(b).
Dwelling Unit, Junior Accessory, or JADU. A Dwelling Unit that meets all the requirements of Section 207.2, and that:
(a) is accessory to at least one other Dwelling Unit on the same lot;
(b) is no more than 500 square feet of Gross Floor Area;
(c) is contained entirely within an existing or proposed single-family structure;
(d) may include separate sanitation facilities, or may share sanitation facilities with the existing structure;
(e) is owner-occupied, unless the owner resides in the remaining portion of the structure; provided, however, that owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization;
(f) includes an entrance to the Junior Accessory Dwelling Unit that is separate from the main entrance to the proposed or existing single-family structure; and
(g) includes an efficiency kitchen that meets the requirements of California Government Code Section 66333(f), including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling Unit.
E
Eating and Drinking Use. A grouping of Retail Sales and Service Uses that provide food and/or beverages for either on- or off-site food consumption including Bars, Restaurants, and Limited-Restaurants. Eating and Drinking Uses are subject to the conditions in Section 202.2(a).
Electric Vehicle Charging Location. Automotive Use, Retail that provides electricity to electric motor vehicles through more than one Electric Vehicle Charging Stations on a retail basis to the general public as a primary use. Electric Vehicle Charging Locations may include ancillary services, including but not limited to restrooms, self-service vending, and limited retail amenities primarily for the benefit of customers charging their vehicles.
Electric Vehicle Charging Station. An electric vehicle charging space served by an electric vehicle charger or other charging equipment.
Entertainment. See also Entertainment, Arts and Recreation Use, General Entertainment, Limited Live Performance, Nighttime Entertainment, and Outdoor Entertainment.
Entertainment, General. A Retail Entertainment, Arts and Recreation Use that provides entertainment or leisure pursuits to the general public including dramatic and musical performances where alcohol is not served during performances, arcades that provide eleven or more amusement game devices (such as video games, pinball machines, or other such similar mechanical and electronic amusement devices), billiard halls, bowling alleys, skating rinks, and mini-golf, when conducted within a completely enclosed building, and which is adequately soundproofed or insulated so as to confine incidental noise to the premises. Mechanical amusement devices are further regulated in Sections 1036 through 1036.24 of the Police Code. The use may include a non-profit theater with ABC license Type 64 and a music entertainment facility with ABC license Type 90, provided that alcohol is not served during performances.
Entertainment, Nighttime. A Retail Entertainment, Arts and Recreation Use that includes dance halls, discotheques, nightclubs, private clubs, and other similar evening-oriented entertainment activities which require dance hall keeper police permits or Place of Entertainment police permits, as defined in Section 1060 of the Police Code, which are not limited to non-amplified live entertainment, including Restaurants and Bars which present such activities. Nighttime Entertainment uses do not include any Arts Activity, any theater performance space which does not serve alcoholic beverages during performances, or any temporary uses permitted pursuant to Sections 205 through 205.5 of this Code. This use is also subject to the controls in Section 202.11. Nighttime Entertainment uses are subject to the Entertainment Commission’s Good Neighbor Policy. The use may include a non-profit theater with ABC license Type 64 and a music entertainment facility with ABC license Type 90.
Entertainment, Outdoor. A Retail Entertainment, Arts and Recreation Use that includes circuses, carnivals, or other amusement enterprises not conducted within a building, and conducted on premises not less than 200 feet from any R District.
Entertainment, Arts and Recreation Use. A Use Category that includes Arts Activities, General Entertainment, Livery Stables, Movie Theater, Nighttime Entertainment, Open Recreation Area, Outdoor Entertainment, Passive Outdoor Recreation and Sports Stadiums. Adult Business is not included in this definition, except for the purposes of Development Impact Fee Calculation as described in Article 4.
F
Façade. An entire exterior wall assembly including, but not limited to, all finishes and siding, fenestration, doors, recesses, openings, bays, parapets, sheathing, and framing.
Façade, Front. The portion of the Façade fronting a right-of-way, or the portion of the Façade most closely complying with that definition, as in the case of a flag lot. Where a lot has more than one frontage on rights-of-way. all such frontages shall be considered Front Façades except where a façade meets the definition of "Rear Façade."
Façades, Principal. Exterior walls of a Building that are adjacent to or front on a public street, park, or plaza.
Façade, Rear. That portion of the Façade facing the part of a lot that most closely complies with the applicable Planning Code rear yard requirements.
Fair Return on Investment. Where the property owner does not own the business, the before income tax total annual rent and other compensation received from the business for the lease of the land and buildings, less the expenses of the lessor, on a cash basis. Where the property owner also owns the business, the before income tax profit on the sale of all goods and services at the business on a cash basis; for an Automotive Service Station business, it shall include the sale of gasoline, less the cost of goods sold and operating costs.
Family. A single and separate living unit, consisting of either one person, or two or more persons related by blood, marriage or adoption or by legal guardianship pursuant to court order, plus necessary domestic servants and not more than three roomers or boarders; a group of not more than five persons unrelated by blood, marriage or adoption, or such legal guardianship unless the group has the attributes of a family in that it (a) has control over its membership and composition; (b) purchases its food and prepares and consumes its meals collectively; and (c) determines its own rules or organization and utilization of the residential space it occupies. A group occupying group housing or a hotel, motel, or any other building or portion thereof other than a Dwelling, shall not be deemed to be a family.
Fleet Charging. Automotive Use, Non-Retail that provides electricity to electric motor vehicles through one or more Electric Vehicle Charging Stations that are dedicated or reserved for private parties pursuant to contract or other agreement and are not available to the general public. Fleet Charging is not allowed as an accessory use to any other principal use. Parcel Delivery Service activity, including unloading, sorting, and/or reloading merchandise for deliveries, is prohibited as part of a Fleet Charging use.
Flexible Retail. A Retail Sales and Service Use subject to the requirements of Section 202.9, that combines a minimum of two of the following distinct Uses within a space that may be operated by one or more business operators:
(1) Arts Activities;
(2) Restaurant, Limited;
(3) Retail Sales and Services, General;
(4) Service, Personal;
(5) Service, Retail Professional; and
(6) Trade Shop.
Flexible Workspace. A Retail Sales and Service use that is a combination of any uses within the Retail Sales and Service use category or a General Entertainment use that operates in conjunction with a principally or conditionally permitted Non-Retail Sales and Service use other than a Commercial Storage, Wholesale Sales, or Wholesale Storage use. The Retail Sales and Service or General Entertainment portion of the use shall be at least one-third of the overall Gross Floor Area and must face the street.
Floor Area, Gross. In Districts other than C-3, the Central SoMa Special Use District and the Van Ness Special Use District, the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. Where columns are outside and separated from an exterior wall (curtain wall) that encloses the building space or are otherwise so arranged that the curtain wall is clearly separate from the structural members, the exterior face of the curtain wall shall be the line of measurement, and the area of the columns themselves at each floor shall also be counted.
In the C-3 and Central SoMa and Van Ness Special Use Districts, the sum of the gross areas of the several floors of a building or buildings, measured along the glass line at windows at a height of four feet above the finished floor and along a projected straight line parallel to the overall building wall plane connecting the ends of individual windows, provided, however, that such line shall not be inward of the interior face of the wall.
(a) Except as specifically excluded in this definition, "Gross Floor Area" shall include, but not be limited to, the following:
(1) Basement and cellar space, including tenants' storage areas and all other spaces except that used only for storage or services necessary to the operation or maintenance of the building itself;
(2) Elevator shafts, stairwells, exit enclosures, and smoke-proof enclosures at each floor;
(3) Floor space in penthouses except as specifically excluded in this definition;
(4) Attic space (whether or not a floor has been laid) capable of being made into habitable space;
(5) Floor space in balconies or mezzanines in the interior of the building;
(6) Floor space in open or roofed porches, arcades, or exterior balconies, if such porch, arcade, or balcony is located above the ground floor or first floor of occupancy above basement or garage and is used as the primary access to the interior space it serves;
(7) In districts other than the C-3 and Central SoMa Special Use District, floor space in accessory buildings; and
(8) In the C-3 and Central SoMa Special Use Districts, any floor area dedicated to accessory or non-accessory parking, except for bicycle parking, required off-street loading, and accessory parking as specified in subsection (b)(7); and
(9) Any other floor space not specifically excluded in this definition.
(b) "Gross Floor Area" shall not include the following:
(1) Basement and cellar space used only for storage or services necessary to the operation or maintenance of the building itself;
(2) Attic space not capable of being made into habitable space;
(3) Elevator or stair penthouses, accessory water tanks or cooling towers, and other mechanical equipment, appurtenances, and areas necessary to the operation or maintenance of the building itself, if located at the top of the building or separated therefrom only by other space not included in the gross floor area;
(4) Mechanical equipment, appurtenances, and areas necessary to the operation or maintenance of the building itself (A) if located at an intermediate story of the building and forming a complete floor level; or (B) in the C-3 and Central SoMa Special Use Districts, if located on a number of intermediate stories occupying less than a full floor level, provided that the mechanical equipment, appurtenances, and areas are permanently separated from occupied floor areas and in aggregate area do not exceed the area of an average floor as determined by the Zoning Administrator;
(5) Outside stairs to the first floor of occupancy at the face of the building which the stairs serve, or fire escapes;
(6) Floor space dedicated to accessory parking that does not exceed the amount principally permitted as accessory, and is located on any Basement Story;
(7) In C-3 and CMUO Districts, floor space dedicated to parking which does not exceed the amount principally permitted as accessory, and is located underground;
(9) Arcades, plazas, walkways, porches, breezeways, porticos and similar features (whether roofed or not), at or near street level, accessible to the general public and not substantially enclosed by exterior walls; and accessways to public transit lines, if open for use by the general public; all exclusive of areas devoted to sales, service, display, and other activities other than movement of persons;
(10) Balconies, porches, roof decks, terraces, courts and similar features, except those used for primary access as described in Paragraph (a)(6) above, provided that:
(A) If more than 70 percent of the perimeter of such an area is enclosed, either by building walls (exclusive of a railing or parapet not more than three feet eight inches high) or by such walls and interior lot lines, and the clear space is less than 15 feet in either dimension, the area shall not be excluded from Gross Floor Area unless it is fully open to the sky (except for roof eaves, cornices, or belt courses that project not more than two feet from the face of the building wall).
(B) If more than 70 percent of the perimeter of such an area is enclosed, either by building walls (exclusive of a railing or parapet not more than three feet eight inches high), or by such walls and interior lot lines, and the clear space is 15 feet or more in both dimensions: (i) The area shall be excluded from Gross Floor Area if it is fully open to the sky (except for roof eaves, cornices, or belt courses that project no more than two feet from the face of the building wall); and (ii) The area may have roofed areas along its perimeter which are also excluded from Gross Floor Area if the minimum clear open space between any such roof and the opposite wall or roof (whichever is closer) is maintained at 15 feet (with the above exceptions) and the roofed area does not exceed 10 feet in depth; (iii) In addition, when the clear open area exceeds 625 square feet, a canopy, gazebo, or similar roofed structure without walls may cover up to 10 percent of such open space without being counted as gross floor area.
(C) If, however, 70 percent or less of the perimeter of such an area is enclosed by building walls (exclusive of a railing or parapet not more than three feet eight inches high) or by such walls and interior lot lines, and the open side or sides face on a yard, street or court whose dimensions satisfy the requirements of this Code and all other applicable codes for instances in which required windows face upon such yard, street, or court, the area may be roofed to the extent permitted by such codes in instances in which required windows are involved;
(11) On lower, nonresidential floors, elevator shafts and other life-support systems serving exclusively the residential uses on the upper floors of a building;
(12) One-third of that portion of a window bay conforming to the requirements of Section 136(d)(2) that extends beyond the plane formed by the face of the façade on either side of the bay, but not to exceed seven square feet per bay window as measured at each floor;
(13)
Ground floor area in the C-3-O, C-3-O(SD), C-3-S, C-3-S(SU), and C-3-G Districts, and in the Central SoMa Special Use District devoted to building or pedestrian circulation and building service;
(14) In the C-3-O, C-3-O(SD), C-3-S, C-3-S(SU), and C-3-G Districts, space devoted to personal services, restaurants, and retail sales of goods intended to meet the convenience shopping and service needs of downtown workers and residents, not to exceed 5,000 occupied square feet per use and, in total, not to exceed 75 percent of the area of the ground floor of the building plus the ground level, on-site open space. Said uses shall be located on the ground floor except that, in order to facilitate the creation of more spacious ground floor interior spaces, a portion of the said uses, in an amount to be determined pursuant to the provisions of Section 309, may be located on a mezzanine level;
(15) An interior space provided as an open space feature in accordance with the requirements of Section 138;
(16) Floor area in C-3 and Eastern Neighborhoods Mixed Use Districts devoted to child care facilities, provided that:
(A) Allowable indoor space is no less than 3,000 square feet and no more than 6,000 square feet;
(B) The facilities are made available rent free;
(C) Adequate outdoor space is provided adjacent, or easily accessible, to the facility. Spaces such as atriums, rooftops, or public parks may be used if they meet licensing requirements for child care facilities; and
(D) The space is used for child care for the life of the building as long as there is a demonstrated need. No change in use shall occur without a finding by the Planning Commission that there is a lack of need for child care and that the space will be used for a facility described in subsection (B)(17) below dealing with cultural, educational, recreational, religious, or social service facilities;
(17) Floor area in C-3 and Eastern Neighborhoods Mixed Use Districts permanently devoted to cultural, educational, recreational, religious, or social service facilities available to the general public at no cost or at a fee covering actual operating expenses, provided that such facilities are:
(A) Owned and operated by a nonprofit corporation or institution; or
(B) Are made available rent free for occupancy only by nonprofit corporations or institutions for such functions. Building area subject to this subsection shall be counted as Occupied Floor Area, except as provided in subsections (a) through (f) in the definition for Floor Area, Occupied, for the purpose of calculating the freight loading requirements for the project;
(18) In the C-3-O(SD) District, space devoted to personal services, eating and drinking uses, or retail sales of goods and that is located on the same level as the rooftop park on the Transbay Transit Center and directly accessible thereto by a direct publicly-accessible pedestrian connection meeting the standards of Section 138(j)(1); and
(19) In the C-3-O(SD) District, publicly-accessible space on any story above a height of 600 feet devoted to public accommodation that offers extensive views, including observation decks, sky lobbies, restaurants, bars, or other retail uses, as well as any elevators or other vertical circulation dedicated exclusively to accessing or servicing such space. The space must be open to the general public during normal business hours throughout the year, and may charge a nominal fee for access.
(20) [Expired]
(21) Any area devoted to bicycle parking, bicycle maintenance rooms, or car share spaces when such features are provided as part of a Development Project’s compliance with the Transportation Demand Management Program set forth in Section 169 of the Planning Code.
Floor Area, Occupied. Floor area devoted to, or capable of being devoted to, a principal or Conditional Use and its accessory uses. For purposes of computation, “Occupied Floor Area” shall consist of the Gross Floor Area, as defined in this Code, minus the following:
(a) Accessory parking and loading spaces and driveways, and maneuvering areas incidental thereto;
(b) Exterior walls of the building;
(c) Mechanical equipment, appurtenances, and areas necessary to the operation or maintenance of the building itself, wherever located in the building;
(d) Restrooms and space for storage and services necessary to the operation and maintenance of the building itself, wherever located in the building;
(e) Space in a retail store for store management, show windows, and dressing rooms, and for incidental repairs, processing, packaging, and stockroom storage of merchandise for sale on the premises; and
(f) Incidental storage space for the convenience of tenants.
Floor Area Ratio. The ratio of the Gross Floor Area of all the buildings on a lot to the area of the lot. In cases in which portions of the gross floor area of a building project horizontally beyond the lot lines, all such projecting gross floor area shall also be included in determining the floor area ratio.
Floor Area, Usable. Generally, the sum of the gross areas of the several floors of a building, measured from the exterior walls or from the center lines of common walls separating two buildings. See alternative definition for the Bernal Heights Special Use District.
Formula Retail. Formula Retail shall have the meaning set forth in Section 303.1 of the Planning Code.
G
Gas Station. A Retail Automotive Use that provides motor fuels, lubricating oils, air, and water directly into motor vehicles and without providing Automotive Repair services, and which also includes self-service operations that sell motor fuel only. This use is subject to the controls in Sections 202.2(b) and 187.1.
General Entertainment. See Entertainment, General.
General Grocery. See Grocery, General.
Gift Store-Tourist Oriented. A Retail Sales and Service Use that involves the marketing of small art goods, gifts, souvenirs, curios, or novelties to the public, particularly those who are visitors to San Francisco rather than local residents.
Grain Elevator. An Industrial Use defined as a storage facility for grain that contains a bucket elevator or a pneumatic conveyor that scoops up grain from a lower level and deposits it in a silo or other storage facility. This use also covers the entire elevator complex including, but not limited to, receiving and testing offices, weighbridges, and storage facilities.
Grocery, General. A Retail Sales and Services Use that:
(a) Offers a diverse variety of unrelated, non-complementary food and non-food commodities, such as beverages, dairy, dry goods, fresh produce and other perishable items, frozen foods, household products, and paper goods;
(b) May provide beer, wine, and/or liquor sales for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine) or type 21 (off-sale general) that occupy less than 15% of the Occupied Floor Area of the establishment (including all areas devoted to the display and sale of alcoholic beverages);
(c) May prepare minor amounts of food on site for immediate consumption;
(d) Markets the majority of its merchandise at retail prices; and
(e) Shall operate with the specified conditions in Section 202.2(a)(1).
Grocery, Specialty. A Retail Sales and Services Use that:
(a) Offers specialty food products such as baked goods, pasta, cheese, confections, coffee, meat, seafood, produce, artisanal goods, and other specialty food products, and may also offer additional food and non-food commodities related or complementary to the specialty food products;
(b) May provide beer, wine, and/or liquor sales for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine) or type 21 (off-sale general) which occupy less than 15% of the Occupied Floor Area of the establishment (including all areas devoted to the display and sale of alcoholic beverages);
(c) May prepare minor amounts of food on site for immediate consumption off-site with no seating permitted; and
(d) Markets the majority of its merchandise at retail prices.
(e) Such businesses that provide food or drink per subsections (b) and (c) above shall operate with the specified conditions in Section 202.2(a)(1).
Gross Floor Area. See Floor Area, Gross
Ground Floor. First Story, as defined under Story, below.
(Added by Ord. 206-19; see Sec. 102 history note.)
Group Housing. A Residential Use that provides lodging or both meals and lodging, without individual or limited cooking facilities or kitchens, by prearrangement for 30 days or more at a time and intended as Long-Term Housing, in a space not defined by this Code as a Dwelling Unit. Except for Group Housing that also qualifies as Student Housing as defined in this Section 102, 100% Affordable Housing as defined in Planning Code Section 315, or housing operated by an organization with tax-exempt status under 26 United States Code Section 501(c)(3) providing access to the unit in furtherance of it3 primary mission to provide housing, the residential square footage devoted to Group Housing shall include both common and private space in the following amounts: for every gross square foot of private space (including bedrooms and individual bathrooms), 0.5 gross square feet of common space shall be provided, with at least 15% of the common space devoted to communal kitchens with a minimum of one kitchen for every 15 Group Housing units. Group Housing shall include, but not necessarily be limited to, a Residential Hotel, boardinghouse, guesthouse, rooming house, lodging house, residence club, commune, fraternity or sorority house, monastery, nunnery, convent, or ashram. It shall also include group housing affiliated with and operated by a medical or educational institution, when not located on the same lot as such institution, which shall meet the applicable provisions of Section 304.5 of this Code concerning institutional master plans.
Gym. A Retail Sales and Service Use including a health club, fitness, gymnasium, or exercise facility when including equipment and space for weight-lifting and cardiovascular activities.
H
Hazardous Waste Facility. An Industrial Use that includes any use involving the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste that is produced at an off-site facility, but shall not include a facility that: (1) manages only used oil, used oil filters, latex paint, antifreeze, small household batteries or lead acid batteries; or (2) establishes that it is not required to obtain a hazardous waste facility permit from the State of California. The terms "hazardous waste," "treatment," "transfer," "storage," "disposal," "off-site facility," and "used oil" as used herein shall have the meaning given those terms in the California Health and Safety Code, Division 20, Chapter 6.5, Articles 2 and 13, which are hereby incorporated by reference.
Health Service. See Service, Health.
Heavy Manufacturing. See Manufacturing, Heavy.
Height (of a building or structure). The vertical distance by which a building or structure rises above a certain point of measurement. See Section 260 of this Code for how height is measured.
Historic Building. A Historic Building is a building or structure that meets at least one of the following criteria:
• It is individually designated as a landmark under Article 10;
• It is listed as a contributor to an historic district listed in Article 10, or if the historic district does not list contributors, is determined to be a contributor through historic resource review;
• It is a Significant or Contributory Building under Article 11, with a Category I, II, III or IV rating;
• It has been listed or has been determined eligible for listing in the California Register of Historical Resources; or,
• It has been listed or has been determined eligible for listing in the National Register of Historic Places.
Homeless Shelter. A Residential Use defined as living and/or sleeping accommodations without any fee to individuals and families who are homeless, as defined in the Federal Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 (S.896), as amended from time to time. Homeless Shelters shall comply with the requirements of the Standards of Care for City Shelters contained in Administrative Code, Chapter 20, Article XIII, including the requirement for operational standards in Section 20.404(d).
Horizontal Elements. All roof areas and all floor plates, except floor plates at or below grade.
Hospital. An Institutional Healthcare Use that includes a hospital, medical center, or other medical institution that provides facilities for inpatient or outpatient medical care and may also include medical offices, clinics, laboratories, and employee or student dormitories and other housing, operated by and affiliated with the institution, which institution has met the applicable provisions of Section 304.5 of this Code concerning Institutional Master Plans.
Hotel. A Retail Sales and Services Use that provides tourist accommodations, including guest rooms or suites, which are intended or designed to be used, rented, or hired out to guests (transient visitors) intending to occupy the room for less than 32 consecutive days. This definition also applies to buildings containing six or more guest rooms designated and certified as tourist units, under Chapter 41 of the San Francisco Administrative Code. For purposes of this Code, a Hotel does not include (except within the Bayshore-Hester Special Use District as provided for in Sections 713 and 780.2 of this Code) a Motel, which contains guest rooms or suites that are independently accessible from the outside, with garage or parking space located on the lot, and designed for, or occupied by, automobile-traveling transient visitors. Hotels shall be designed to include all lobbies, offices, and internal circulation to guest rooms and suites within and integral to the same enclosed building or buildings as the guest rooms or suites.
Hotel, Residential. A Residential Use defined in Chapter 41 of the San Francisco Administrative Code that contains one or more residential hotel units. A residential hotel unit is a guest room, as defined in Section 203.7 of Chapter XII, Part II, of the San Francisco Municipal Code (Housing Code), which had been occupied by a permanent resident on September 23, 1979, or any guest room designated as a residential unit pursuant to Sections 41.6 or 41.7 of Chapter 41 of the San Francisco Administrative Code. Residential hotels are further defined and regulated in the Residential Hotel Unit Conversion and Demolition Ordinance, Chapter 41, of the San Francisco Administrative Code.
Hours of Operation. A commercial Use Characteristic limiting the permitted hours during which any commercial establishment, not including automated teller machines, may be open for business. Other restrictions on the hours of operation of Movie Theaters, Adult Businesses, Adult Sex Venues, Nighttime Entertainment, and General Entertainment Uses shall apply pursuant to provisions in Section 303(p), when such uses are permitted as Conditional Uses. A Pharmacy may qualify for the exception to operate on a 24-hour basis provided in Section 202.2(a)(2) of the Code. The hours of operation of a principally permitted Adult Sex Venue are subject to the provisions in Section 202.2(a)(8).
I
Industrial Use. A Use Category containing the following uses: Agricultural and Beverage Processing 1 and 2, Automobile Wrecking, Automobile Assembly, Grain Elevator, Hazardous Waste Facility, Junkyard, Livestock Processing 1 and 2, Heavy Manufacturing 1, 2, and 3, Light Manufacturing, Metal Working, Ship Yard, Storage Yard, Volatile Materials Storage, and Truck Terminal.
Infrastructure. Open space and recreational facilities; public realms improvements such as pedestrian improvements and streetscape improvements; public transit facilities; and community facilities such as libraries, child care facilities, and community centers.
In-Kind Agreement. An agreement acceptable in form and substance to the City Attorney and the Director of Planning, under which the project sponsor agrees to provide a specific set of community improvements, at a specific phase of construction, in lieu of contribution to the relevant Fund.
In Lieu Fee. A fee paid by a project sponsor in lieu of complying with a requirement of this Code and that is not a development impact fee governed by the Mitigation Fee Act.
Institutional Community Use. A subcategory of Institutional Uses that includes Child Care Facility, Community Facility, Private Community Facility, Job Training, Religious Institution, Social Service or Philanthropic Facility, and Public Facility.
Institutional Education Use. A subcategory of Institutional Uses that includes Post-Secondary Educational Institution, School, and Trade School.
Institutional Healthcare Use. A subcategory of Institutional Uses that includes Hospital, Medical Cannabis Dispensary, and Residential Care Facility.
Institutional Use. A Use Category that includes Child Care Facility, Community Facility, Private Community Facility, Hospital, Job Training, Medical Cannabis Dispensary, Religious Institution, Residential Care Facility, Social Service or Philanthropic Facility, Post-Secondary Educational Institution, Public Facility, School, and Trade School.
Interior Lot. See Lot, Interior.
Intermediate Length Occupancy. A Residential Use characteristic that applies to a Dwelling Unit offered for occupancy by a natural person for an initial stay, whether through lease, subscription, license, or otherwise, for a duration of greater than 30 consecutive days but less than one year. This use characteristic is subject to the requirements of Section 202.10.
Internet Service Exchange. A Utility and Infrastructure Use defined as a location that contains any of the following uses (excluding a Wireless Telecommunications Services Facility): switching equipment (whether wireline or wireless) that joins or connects occupants, customers, or subscribers to enable customers or subscribers to transmit data, voice or video signals to each other; one or more computer systems and related equipment used to build, maintain, or process data, voice or video signals, and provide other data processing services; or a group of network servers.
J
Jewelry Store. A Retail Sales and Service Use that primarily involves the sale of jewelry to the general public. It may involve sales of precious stones, gems, precious metals, gold and silver, or clocks and watches. Repair services or setting, custom design or manufacture of individual pieces of jewelry may also be provided.
Job Training. A Institutional Community Use that provides job training and may also provide vocational counseling and job referrals.
Junk Yard. An Industrial Use defined as an outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including house-wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, excluding automobile wrecking operations, which is defined as a separate use in this Section of the Code; yards or establishments for the sale, purchase, or storage of used cars or machinery in operable condition; and the processing of used, discarded, or salvaged materials as part of a permitted manufacturing operation in the same premises.
K
Kennel. A Retail Sales and Services Use where dogs, or dogs and cats, are boarded for compensation, or are cared for or trained for hire, or are kept for sale or bred for sale, where the care, breeding, or sale of the dogs, or dogs and cats, is the principal means of livelihood of the occupants of the premises.
L
Laboratory. A Non-Retail Sales and Services Use intended or primarily suitable for scientific research. The space requirements of uses within this category include specialized facilities and/or built accommodations that distinguish the space from Office uses, Light Manufacturing, or Heavy Manufacturing. Examples of laboratories include the following:
(a) Chemistry, biochemistry, or analytical laboratory;
(b) Engineering laboratory;
(c) Development laboratory;
(d) Biological laboratories including those classified by the Centers for Disease Control (CDC) and National Institutes of Health (NIH) as Biosafety level 1, Biosafety level 2, or Biosafety level 3;
(e) Animal facility or vivarium, including laboratories classified by the CDC/NIH as Animal Biosafety level 1, Animal Biosafety level 2, or Animal Biosafety level 3;
(f) Support laboratory;
(g) Quality assurance/Quality control laboratory;
(h) Core laboratory; and
(i) Cannabis testing facility (any use requiring License Type 8—Testing Laboratory, as defined in California Business and Professions Code, Division 10).
Large-Scale Urban Agriculture. See Agriculture, Large Scale Urban.
Laundromat. A Retail Sales and Service Use that is used for the purpose of washing, drying, dry cleaning, starching, or ironing, for the general public, wearing apparel, household linens, or other washable fabrics, or a place used or maintained for the storage, collection, or delivery of such articles for such service. A Laundromat use shall include any place, whether self-service or otherwise, maintained for the general public for the purpose of washing and drying wearing apparel, household linens, or other washable fabrics, by coin-operated, or card-operated laundry machinery.
(Amended by Ord. 209-21; see Sec. 102 history note.)
Length (of a Building or Structure). See Plan Dimensions.
(Added by Ord. 206-19; see Sec. 102 history note.)
Licensed Child Care Facility. A child care facility that has been issued a valid license by the California Department of Social Services pursuant to California Health and Safety Code Sections 1596.80-1596.875, 1596.95-1597.09, or 1597.30-1597.61.
Life Science. A Non-Retail Sales and Service Use that involves the integration of natural and engineering sciences and advanced biological techniques using organisms, cells, and parts thereof for products and services. This includes the creation of products and services used to analyze and detect various illnesses, the design of products that cure illnesses, and/or the provision of capital goods and services, machinery, instruments, software, and reagents related to research and production. Life Science uses may utilize office, laboratory, light manufacturing, or other types of space. As a subset of Life Science uses, Life Science laboratories typically include biological laboratories and animal facilities or vivaria, as described in the Laboratory definition Subsections (d) and (e).
Light Manufacturing. See Manufacturing, Light.
Limited Restaurant. See Restaurant, Limited.
Liquor Store. A Retail Sales and Service Use that sells beer, wine, or distilled spirits to a customer in an open or closed container for consumption off the premises and that needs a State of California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine) or type 21 (off-sale general) This classification shall not include retail uses that:
(a) are both (1) classified as a General Grocery, a Specialty Grocery, or a Restaurant- Limited, and (2) have a Gross Floor Area devoted to alcoholic beverages that is within the applicable accessory use limits for the use district in which it is located, or
(b) have both (1) a Non-residential Use Size of greater than 10,000 gross square feet and (2) a gross floor area devoted to alcoholic beverages that is within accessory use limits as set forth in Section 204.3 or Section 703(d) of this Code, depending on the zoning district in which the use is located.
(1) sell any malt beverage with an alcohol content greater than 5.7 percent by volume; any wine with an alcohol content of greater than 15 percent by volume, except for “dinner wines” that have been aged two years or more and maintained in a corked bottle; or any distilled spirits in container sizes smaller than 600 milliliters;
(2) devote more than 15 percent of the gross square footage of the establishment to the display and sale of alcoholic beverages; and
(3) sell single servings of beer in container sizes 24 ounces or smaller.
Livery Stable. A Retail Entertainment, Arts and Recreation Use where horses and carriages are kept for hire and where stabling is provided. This use also includes horse riding academies.
Livestock Processing 1. An Industrial Use that involves the live storage, killing or dressing of poultry, rabbits or other small livestock, and/or the tanning or curing of raw hides or skins from an animal of any size. Direct sales to customers is permitted on site. This use is subject to the location and operating restrictions in Section 202.2(d).
Livestock Processing 2. An Industrial Use that involves the live storage, killing or dressing of cows, pigs, goats, and other large livestock and/or the tanning or curing of raw hides or skins from an animal of any size. Direct sales to customers is permitted on site. This use is subject to the location and operating restrictions in Section 202.2(d).
Live/Work Project. A Housing Project containing more than one Live/Work Unit.
Live/Work Unit. A hybrid Residential and PDR Use that is defined as a structure or portion of a structure combining a residential living space for a group of persons including not more than four adults in the same unit with an integrated work space principally used by one or more of the residents of that unit; provided, however, that no otherwise qualifying portion of a structure that contains a Group A occupancy under the Building Code shall be considered a Live/Work Unit. No City official, department, board, or commission shall issue or approve a building permit or other land use entitlement authorizing a new live/work unit as defined here, except as authorized under Section 210.5, or as an accessory use under Section 204.4. Lawfully approved live/work units are subject to the provisions of Sections 181 and 317 of this Code.
Long Term Housing. Housing intended for occupancy by a person or persons for 32 consecutive days or longer.
Lot. A parcel of land under one ownership that constitutes, or is to constitute, a complete and separate functional unit of development, and that does not extend beyond the property lines along streets or alleys. A lot as so defined generally consists of a single Assessor's lot, but in some cases consists of a combination of contiguous Assessor's lots or portions thereof where such combination is necessary to meet the requirements of this Code. In order to clarify the status of specific property as a lot under this Code, the Zoning Administrator may, consistent with the provisions of this Code, require such changes in the Assessor's records, placing of restrictions on the land records, and other actions as may be necessary to assure compliance with this Code. The definition of "lot" shall also be applicable to piers under the jurisdiction of the Port Commission.
Lot, Corner. A lot bounded on two or more adjoining sides by streets that intersect adjacent to such lot, provided that the angle of intersection of such streets along such lot does not exceed 135 degrees. For the purposes of this Code, no Corner Lot shall be considered wider or deeper than 125 feet, and the remainder of any lot involved shall be considered to be an Interior Lot. Whenever a Corner Lot is resubdivided, only that portion which thereafter is bounded on adjoining sides by streets as herein described shall be a Corner Lot.
Lot, Interior. A lot other than a Corner Lot.
Lot Size (Per Development). The permitted gross lot area for new construction or expansion of existing development.
M
Mandatory Discretionary Review. A hearing before the Planning Commission that is required by the Planning Code at which the Commission will determine whether to approve, modify, or disapprove a permit application.
Manufacturing 1, Heavy. An Industrial Use having the potential of creating substantial noise, smoke, dust, vibration, and/or other environmental impacts or pollution, and including, but not limited to:
(a) Concrete mixing, concrete products manufacture,
(b) Electric foundry or foundry for nonferrous metals
(c) Enameling, lacquering, wholesale paint mixing from previously prepared pigments and vehicles,
(d) Woodworking mill, manufacture of woodfibre, sawdust or excelsior products not involving chemical processing,
(e) Blast furnace, rolling mill, or smelter; and
(f) Ice manufacturing plant.
This use is subject to the location and operation controls in Section 202.2(d)
Manufacturing 2, Heavy. An Industrial Use having the potential of creating substantial noise, smoke, dust, vibration, and/or other environmental impacts or pollution, and including, but not limited to:
(a)
Production or refining of petroleum products, excluding such products used solely as fuel sources;
(b) Rendering or reduction of fat, bones, or other animal material, where adequate provision is made for the control of odors through the use of surface condensers and direct-flame afterburners or equivalent equipment;
(c) Incineration of garbage, refuse, dead animals or parts thereof;
This use is subject to the controls in Section 202.2(d).
Manufacturing 3, Heavy. An Industrial Use having the potential of creating substantial noise, smoke, dust, vibration, and/or other environmental impacts or pollution, and including, but not limited to:
(a) Battery manufacture;
(b) Manufacture of corrosive acid or alkali, cement, gypsum, lime, plaster of Paris, explosive, fertilizer, glue or gelatin from fish or animal refuse;
(c)
Manufacture, refining, distillation, or treatment of any of the following: abrasives, acid (noncorrosive), alcohol, ammonia, asbestos, asphalt, bleaching powder, candles (from tallow), celluloid, chlorine, coal, coke, creosote, dextrine, disinfectant, dye, enamel, gas carbon or lampblack, gas (acetylene or other inflammable), glucose, insecticide, lacquer, linoleum, matches, oilcloth, oil paint, paper (or pulp), petroleum products (excluding such products used solely as fuel sources), perfume, plastics, poison, potash, printing ink, refuse mash or refuse grain, rubber (including balata or gutta-percha or crude or scrap rubber), shellac, shoe or stove polish, soap, starch, tar, turpentine, or varnish.
(d) Foundry, structural iron or pipe works, boilermaking where riveting is involved, locomotive works, roundhouse or railroad shop.
This use is subject to the location and operation controls in Section 202.2(d)
Manufacturing, Light. An Industrial Use that provides for the fabrication or production of goods, by hand or machinery, for distribution to retailers or wholesalers for resale off the premises, primarily involving the assembly, packaging, repairing, or processing of previously prepared materials. Light
manufacturing uses include production and custom activities usually involving individual or special design, or handiwork, such as the following fabrication or production activities, as may be defined by the Standard Industrial Classification Code Manual as light manufacturing uses:
(a) Food processing;
(b) Apparel and other garment products;
(c) Furniture and fixtures;
(d) Printing and publishing of books or newspapers;
(e) Leather products;
(f) Pottery;
(g) Glass-blowing;
(h) Commercial laundry, rug cleaning, and dry cleaning facility;
(i) Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; watches and clocks; or
(j) Manufacture of cannabis products or cannabis extracts that are derived without the use of volatile organic compounds (any use requiring License Type 6—Manufacturer 1, as defined in California Business and Professions Code, Division 10).
It shall not include Trade Shop, Agricultural and Beverage Processing 1 or 2, or Heavy Manufacturing 1, 2, or 3. This use is subject to the location and operation controls in Section 202.2(d).
Maritime Use. A Use Characteristic defined as any use that requires access to or use of San Francisco Bay waters in order to function or operate in the normal course of business including, but not limited to, uses associated with waterborne commerce, navigation, fisheries, and recreation, and industrial, commercial, and other operations directly related to the conduct of waterborne commerce, navigation, fisheries, or recreation on property subject to public trust. Maritime Uses also includes houseboats or residential uses on the water.
Marquee. A permanent roofed structure attached to and supported entirely by a building, including any object or decoration attached to or part of said marquee, no part of which shall be used for occupancy or storage, with the purpose of providing protection from sun and rain and/or embellishment of the façade, as further regulated in Section 3106 of the Building Code.
Massage, Chair/Foot. A Retail Sales and Service Use where the only massage service provided is chair or foot massage, such service is visible to the public, and customers are fully clothed at all times.
Massage Establishment. A Retail Sales and Service Use defined by Section 29.5 of the Health Code. For purposes of the Planning Code only, “Massage Establishment” shall include a “Massage Establishment” but shall not include a “Sole Practitioner Massage Establishment,” as these terms are defined in Section 29.5 of the Health Code. The Massage Establishment shall first obtain a permit
from the Department of Public Health pursuant to Section 29.25 of the Health Code, or a letter from the Director of the Department of Public Health certifying that the establishment is exempt from such a permit under Section 29.25 of the Health Code
Medical Cannabis Dispensary. An Institutional Healthcare Use
that is either (a) a cooperative or collective operating under the authority of a permit issued by the Director of Health under Article 33 of the Health Code, or (b) a Medicinal Cannabis Retailer as defined in Police Code Section 1602. A Medical Cannabis Dispensary Use is permitted only if it meets the conditions listed in Section 202.2(e).
Metal Working. An Industrial use that includes metal working or blacksmith shop; excluding presses of over 20 tons' capacity and machine-operated drop hammers. This use is subject to location and operational controls in Section 202.2(d).
Mobile Food Facility. Any vehicle or pushcart used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail prices. Mobile Food Facility does not include a “Transporter” used to transport packaged food from a food facility or other approved source to the consumer. A Mobile Food Facility does not include any use that sells goods, wares, or merchandise other than food or drink intended for human consumption. For the purposes of the Planning Code, a Mobile Food Facility that is a temporary Use is regulated as an intermittent activity, per Section 205.4; a Mobile Food Facility that exceeds the limitations set forth in Section 205.4 is considered a Restaurant or Limited Restaurant Use, as defined in this Section 102, and is regulated as such by the Use controls for the respective zoning district. Mobile Food Facilities shall comply with the good neighbor policies set forth in Public Works Code Section 184.94 as well as Planning Code Section 202.2(a)(1).
MOH. The Mayor's Office of Housing and Community Development or its successor.
Mortuary. A Retail Sales and Services Use that provides funeral services, funeral preparation, or burial arrangements, including retail establishments that predominantly sell or offer for sale caskets, tombstones, or other funerary goods. In RH, RM, RTO, and RC Districts only, this use includes Columbarium use, which provides for the storage of cremated remains in niches.
Motel. A Retail Sales and Services Use that includes an auto court, motor lodge, tourist court, or other facility similarly identified, contains rooms or suites of rooms, none with individual cooking facilities, which are offered for compensation and are primarily for the accommodation of transient guests traveling by automobile, and where each sleeping unit is independently accessible from the outside. This use is subject to the controls listed in Section 202.2(a).
Movie Theater. A Retail Entertainment, Arts and Recreation Use that displays motion pictures, videos, slides, or closed-circuit television pictures. This use does not include an adult theater, which is regulated as an Adult Business. Removal of a Movie Theater is subject to the controls in Section 202.4.
MTA. The Municipal Transportation Agency or its successor.
MTA Director. The Director of MTA or his or her designee.
Municipal Railway (Muni). The public transit system owned by the City and under the jurisdiction of the MTA.
N
Neighborhood Agriculture. See Agriculture, Neighborhood.
Neighborhood-Serving Business. A neighborhood-serving business cannot be defined by the type of use, but rather by the characteristics of its customers, types of merchandise or service, its size, trade area, and the number of similar establishments in other neighborhoods. The primary clientele of a "neighborhood-serving business," by definition, is comprised of customers who live and/or work nearby.
While a neighborhood-serving business may derive revenue from customers outside the immediately surrounding neighborhood, it is not dependent on out-of-neighborhood clientele.
A neighborhood-serving use provides goods and/or services which are needed by residents and workers in the immediate neighborhood to satisfy basic personal and household needs on a frequent and recurring basis, and which if not available require trips outside of the neighborhood.
A use may be more or less neighborhood-serving depending upon its trade area. Uses that, due to the nature of their products and service, tend to be more neighborhood-serving are those which sell convenience items such as groceries, personal toiletries, magazines, and personal services such as cleaners, laundromats, and film processing. Uses that tend to be less neighborhood-oriented are those which sell more specialized, more expensive, less frequently purchased comparison goods such as automobiles and furniture.
For many uses (such as stores selling apparel, household goods, and variety merchandise), whether a business is neighborhood-serving depends on the size of the establishment: the larger the use, the larger the trade area, hence the less neighborhood-oriented.
Whether a business is neighborhood-serving or not also depends in part on the number and availability of other similar establishments in other neighborhoods: the more widespread the use, the more likely that it is neighborhood-oriented.
Net Addition. The total amount of gross floor area defined in Planning Code Section 102 contained in a development project, less the gross floor area contained in any structure demolished or retained as part of the proposed development project.
Nighttime Entertainment. See Entertainment, Nighttime.
Non-Auto Vehicle Sales or Rental. A Retail Sales and Service Use offering new or used bicycles, scooters, motorcycles, boats, or other marine vehicles for sale, rent, or lease when conducted entirely within an enclosed building.
Non-Commercial Entertainment and Recreation. See Entertainment and Recreation, Non-Commercial.
Nonprofit Organization. An organization organized and operated for nonprofit purposes within the provisions of California Revenue and Taxation Code Sections 23701-23710, inclusive, as demonstrated by a written determination from the California Franchise Tax Board exempting the organization from taxes under Revenue and Taxation Code Section 23701.
Non-Residential Use. Space within any structure or portion thereof intended or primarily suitable for, or accessory to, occupancy by retail, office, commercial, or uses other than a Residential Use as defined in this Section. For the purposes of Article 4, residential components of Institutional Uses other than Religious Institutions shall be defined as a "residential use," and non-residential use shall not include PDR and publicly owned and operated community facilities.
Non-Residential Use Size. The permitted gross floor area allowed each individual non-residential use. Gross Floor Area is defined in this Section of the Code.
Non-Retail Use. A type of Commercial Use that involves the sale of goods or services to other businesses rather than the end user, or that does not provide for direct sales to the general public on site. Uses in this category include, but are not limited to, Non-Retail Sales and Service Uses and Non-Retail Automotive Uses.
Notice of Special Restrictions. A document recorded with the San Francisco Recorder’s Office detailing specific restrictions placed on an Assessor’s lot that are typically associated with an approval action by the Planning Department, Planning Commission, Zoning Administrator, or other City agency.
O
Objective Standard. A standard that does not involve personal or subjective judgment and is publicly available and uniformly verifiable by reference to a benchmark or criterion and knowable, including but not limited to those in the Planning Code or any applicable standards adopted by the Planning Commission, Zoning Administrator, or Board of Supervisors (by ordinance), which are under the purview of the Planning Commission, Planning Department, or Zoning Administrator, including any Citywide Design Standards.
Occupied Floor Area. See Floor Area, Occupied.
Office, General. A Non-Retail Sales and Service Use that includes space within a structure or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide for their own benefit, or provide to others at that location, services including, but not limited to, the following: professional, banking, insurance, management, consulting, technical, sales, and design; and the non-accessory office functions of manufacturing and warehousing businesses, multimedia, software development, web design, electronic commerce, and information technology. This use shall exclude Non-Retail Professional Services as well as Retail Uses; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design showrooms or any other space intended and primarily suitable for display of goods.
Office Use. A grouping of uses that includes General Office, Retail Professional Services, and Non-Retail Professional Services. This use shall exclude: retail uses other than Retail Professional Services; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design showrooms or any other space intended and primarily suitable for display of goods.
One Ownership. Ownership of a parcel or contiguous parcels of property or possession thereof under a contract to purchase by a person or persons, firm, corporation or partnership, individually, jointly, in common, or in any other manner whereby such property is under single or unified control. The term shall include condominium ownership. The term "owner" shall mean the person, firm, corporation or partnership exercising one ownership as herein defined.
Open Air Sales. A Commercial Use Characteristic generally categorized as a Retail Sales and Service Use that involves open air sale of new and/or used merchandise, except vehicles, but including agricultural products, plants and gardening supplies, building materials, crafts, and/or art work.
Open Recreation Area. A Non-Commercial Entertainment, Arts and Recreation Use that is not publicly owned which is not screened from public view, has no structures other than those necessary and incidental to the open land use, is not operated as a gainful business, and is devoted to outdoor recreation such as golf, tennis, or riding.
Open Space, Required. Any front setbacks, side or rear yards, courts, usable open space or other open area provided in order to meet the requirements of this Code.
Open Use. Any use of a lot that is not conducted within a Building.
Ornamental Fencing. A decorative metal fence made of wrought iron or fencing that gives the appearance of wrought-iron fencing, but expressly excludes plastic-based materials, barbed wire, similar non-decorative fences as well as traditional chain-link or woven wire fences. Chain-link or woven wire fences may be used if the fencing visible from the public right-of-way is bordered by rails on the top and bottom and has well-built columns that are at least 8 inches wide and are topped with caps. The columns shall be spaced no more than 8 feet apart.
Outdoor Activity Area. A Commercial Use characteristic defined as an area associated with a legally established use, not including primary circulation space or any public street, located outside of a building or in a courtyard, which is provided for the use or convenience of patrons of a commercial establishment including, but not limited to, sitting, eating, drinking, dancing, and food-service activities.
P
Parcel Delivery Service. See Service, Parcel Delivery.
Parking Garage, Private. A Non-Retail Automotive Use that provides temporary parking accommodations for automobiles, trucks, vans, bicycles, or motorcycles in a garage not open to the general public, without parking of recreational vehicles, mobile homes, boats, or other vehicles, or storage of vehicles, goods, or equipment. Provisions regulating automobile parking are set forth in Sections 155, 156, 303(t) or (u) and other provisions of Article 1.5 of this Code.
Parking Garage, Public. A Retail Automotive Use that provides temporary parking accommodations for automobiles, trucks, vans, bicycles, or motorcycles in a garage open to the general public, without parking of recreational vehicles, mobile homes, boats, or other vehicles, or storage of vehicles, goods, or equipment. Provisions regulating automobile parking are set forth in Sections 155, 156, 303(t) or (u) and other provisions of Article 1.5 of this Code.
(Amended by Ord. 99-17; see Sec. 102 history note.)
Parking Lot, Private. A Non-Retail Automotive Use that provides temporary off-street parking accommodations for private automobiles, trucks, vans, bicycles, or motorcycles on an open lot or lot surrounded by a fence or wall not open to the general public, without parking of recreational vehicles, motor homes, boats, or other vehicles, or storage of vehicles, goods, or equipment. Provisions regulating automobile parking are set forth in Sections 155, 156, 303(t) or (u) and other provisions of Article 1.5 of this Code.
Parking Lot, Public. A Retail Automotive Use that provides temporary parking accommodations for private automobiles, trucks, vans, bicycles, or motorcycles on an open lot or lot surrounded by a fence or wall open to the general public, without parking of recreational vehicles, motor homes, boats, or other vehicles, or storage of vehicles, goods, or equipment. Provisions regulating automobile parking are set forth in Sections 155, 156, 303(t) or (u) and other provisions of Article 1.5 of this Code.
Passive Outdoor Recreation. A Non-Commercial Entertainment, Arts and Recreation Use defined as an open space used for passive recreational purposes that is not publicly owned and is not screened from public view, has no structures other than those necessary and incidental to the open land use, is not served by vehicles other than normal maintenance equipment, and has no retail or wholesale sales on the premises. Such open space may include, but not necessarily be limited to, a park, playground, or rest area.
PDR Use. See Production, Distribution, and Repair Use.
Permeable Surface. Permeable Surfaces are those that allow water to infiltrate the underlying soils. Permeable Surfaces shall include, but not be limited to, vegetative planting beds, porous asphalt, porous concrete, single-sized aggregate, open-jointed blocks, stone, pavers, or brick that are loose-set and without mortar. Permeable Surfaces are required to be contained so neither sediment nor the permeable surface material discharges off the site.
Pharmacy. A Retail Sales and Service Use in which the profession of pharmacy is practiced and where prescriptions are compounded and offered for sale. This Section shall not be construed to limit any qualifying pharmacy from offering other retail goods in addition to prescription pharmaceuticals. Pharmacies are subject to controls in Section 202.2(a).
Philanthropic Facility. See Social Service or Philanthropic Facility.
Plan Dimensions. The linear horizontal dimensions of a building or structure, at a given level, between the outside surfaces of its exterior walls. The "length" of a building or structure is the greatest plan dimension parallel to an exterior wall or walls and is equivalent to the horizontal dimension of the corresponding elevation of the building or structure at that level. The "diagonal dimension" of a building or structure is the plan dimension between the two most separated points on the exterior walls.
Planning Commission (Commission). The San Francisco Planning Commission.
Planning Department (Department). The San Francisco Planning Department. For purposes of Article 4, may include the Planning Department's designee, including the Mayor's Office of Housing and other City agencies or departments.
Post-Secondary Educational Institution. An Institutional Education Use, public or private, that is certified by the Western Association of Schools and Colleges, provides educational services such as a college or university, and has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. Such institution shall not have industrial arts as its primary course of study.
Power Plant. A Industrial Use defined as a steam, fossil-fuel, or any other type of thermal power plant. A Power Plant shall mean each individual power generation unit capable of independent operation, but shall not include on-site power generation units less than ten megawatts in size. Intensification of a Power Plant use requires Conditional Use authorization per Section 178(c), and is subject to the controls in Section 202.2(d).
Principal Façades. See Façades, Principal.
Principal (or Principally Permitted) Use. A Use permitted as of right in each established district where listed for that class of district in Articles 2, 7, 8, or 9 and as regulated in this Code. Principally permitted uses may be required to comply with the Operating Conditions of Section 202.2.
Production, Distribution, and Repair (PDR) Use. A grouping of uses that includes, but is not limited, to all Industrial and Agricultural Uses, Ambulance Services, Animal Hospital, Automotive Service Station, Automotive Repair, Automotive Wash, Arts Activities, Business Services, Catering, Commercial Storage, Kennel, Motor Vehicle Tow Service, Livery Stable, Parcel Delivery Service, Public Utilities Yard, Storage Yard, Trade Office, Trade Shop, Wholesale Sales, and Wholesale Storage.
Public Facility. An Institutional Use that consists of publicly or privately owned use that provides public services to the community, whether conducted within a building or on an open lot, and which has operating requirements that necessitate location within the district and is in compliance with the General Plan, including civic structures (such as museums, post offices, administrative offices of government agencies), public libraries, police stations, and transportation facilities. Such use shall not include service yards, machine shops, garages, incinerators, Utility Installations, and publicly operated parking in a garage or lot (Public Automobile Parking Garages and Public Parking Lots).
Public Transportation Facility. A Utility and Infrastructure Use involving passenger terminal facilities for mass transportation of a single or combined modes including, but not limited to, aircraft, ferries, fixed-rail vehicles and buses, whether public or privately owned or operated, when in conformity with the General Plan. In Districts where such uses are permitted, conditional use authorization shall be required if the facility is: (a) an Automotive Use, as defined in this Section; and (b) other than a boarding platform, bus stop, transit shelter, or similar ancillary feature of a transit system; or(c) a landing field for aircraft.
Public Utilities Yard. A Utility and Infrastructure Use that is defined as a service yard for public utility, or public use of a similar character, if conducted entirely within an area completely enclosed by a wall or concealing fence not less than six feet high.
Q
None.
R
Rear Façade. See Façade, Rear.
Recreation. See Entertainment and Recreation Use.
Religious Institution. An Institutional Community Use with a tax-exempt status as a religious institution granted by the United States Government and that is used primarily for collective worship or ritual or observance of common religious beliefs. Such institution may include, on the same lot, the housing of persons who engage in supportive activity for the institution.
Replacement of Use. The total amount of Gross Floor Area, as defined in Section 102 of this Code, to be demolished and reconstructed by a development project.
Reproductive Health Clinic. A Retail Sales and Service Use that is a clinic licensed pursuant to applicable provisions of the California Health and Safety Code that meets both of the following requirements: a) provides directly to patients medical services consisting of Abortions or Emergency Contraception as those terms are defined in Administrative Code Section 93.3; and b) primarily specializes in reproductive health services as defined in California Penal Code 423.1. A Reproductive Health Clinic that meets the foregoing requirements may also provide additional medical and allied health services by physicians or other healthcare professionals.
(Added by Proposition O, 11/5/2024; see Sec. 102 history note.)
Required Open Space. See Open Space, Required.
Residential Building. Any structure containing one or more Residential Units as a principal use, regardless of any other uses present in the building.
Residential Care Facility. An Institutional Healthcare Use providing lodging, board, and care for a period of 24 hours or more to persons in need of specialized aid by personnel licensed by the State of California. Such facility shall display nothing on or near the facility that gives an outward indication of the nature of the occupancy except for a sign as permitted by Article 6 of this Code, shall not provide outpatient services, and shall be located in a structure which remains residential in character. Such facilities shall include, but not necessarily be limited to, a board and care home, family care home, long-term nursery, orphanage, rest home or home for the treatment of addictive, contagious or other diseases, or psychological disorders.
Residential Flat. A Residential Unit in a building containing two or more Dwelling Units, that has contiguous habitable space that extends the full depth of the building on the same story from the front street-facing façade to the rear of the building, and has windows or doorways on both front and rear facades from at least one habitable room that is not a hallway.
Residential Hotel. See Hotel, Residential.
Residential Unit. A legal conforming or non-conforming Dwelling Unit or a legal non-conforming Live/Work Unit
Residential Use. A Use Category consisting of uses that provide housing for San Francisco residents, rather than visitors, including Dwelling Units, Group Housing, Residential Hotels, Senior Housing, Homeless Shelters, and for the purposes of Article 4 only any residential components of Institutional Uses. Single Room Occupancy, Intermediate Length Occupancy, and Student Housing designations are considered characteristics of certain Residential Uses.
Retail Workspace. A Retail Sales and Service Use open to the general public that provides space to work that is made available on a daily or hourly basis. Such use is only permitted as a principal use in conjunction with the concurrent operation of a principally or conditionally permitted Eating and Drinking Use, which Eating and Drinking Use shall (a) occupy no less than one-third of the gross floor area of the premises and (b) face the street. A Retail Workspace may provide services to the business community along with services to the general public. If the Retail Workspace exclusively provides services to the business community, it shall be considered a General Office Use as defined in the Planning Code.
(Added by Proposition H, 11/3/2020; see Sec. 102 history note.)
Restaurant. A Retail Sales and Service use that serves prepared, ready-to-eat cooked foods to customers for consumption on the premises and which has seating. As a minor and incidental use, it may serve such foods to customers for off-site consumption. It may provide on-site beer, wine, and/or liquor sales for drinking on the premises (with ABC license types 02, 23, 41, 47, 49, 59, 75, or 87); however, if it does so, it shall be required to operate as a Bona Fide Eating Place. It is distinct and separate from a Limited-Restaurant. Such businesses shall operate with the specified conditions in Section 202.2(a)(1).
It shall not be required to operate within an enclosed building so long as it is also a Mobile Food Facility. Any associated outdoor seating and/or dining area is subject to regulation as an Outdoor Activity Area as set forth elsewhere in this Code.
Restaurant, Limited. A Retail Sales and Service Use that serves ready-to-eat foods and/or drinks to customers for consumption on or off the premises, that may or may not have seating. It may include wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises as an Accessory Use as set forth in Sections 204.3 or 703(d), 803.2(d), 803.3(b)(1)(C) and 825(c)(1)(C) depending on the zoning district in which it is located. It includes, but is not limited to, foods provided by sandwich shops, coffee houses, pizzerias, ice cream shops, bakeries, delicatessens, and confectioneries meeting the above characteristics, but is distinct from a Specialty Grocery, Restaurant, and Bar. It shall not provide on-site beer and/or wine sales for consumption on the premises, but may sell beer and/or wine for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine), if all areas devoted to the display and sale of alcoholic beverages occupy less than 15% of the Occupied Floor Area of the establishment. Such businesses shall operate with the specified conditions in Section 202.2(a)(1).
Retail Entertainment, Arts and Recreation. See Entertainment, Arts and Recreation, Retail.
Retail Sales and Service, General. A Retail Sales and Service Use that provides goods and/or services to the general public and that is not listed as a separate Retail Sales and Service Use in this Section 102. This use includes, but is not limited to the sale or provision of the following goods and services:
(a) Personal items such as tobacco and magazines;
(b) Household goods and service (including paint, fixtures, and hardware, but excluding other building materials);
(c) Variety merchandise, pet supply stores, and pet grooming services;
(d) Florists and plant stores;
(e) Apparel and accessories;
(f) Antiques, art galleries, art supplies, and framing service;
(g) Home furnishings, furniture, and appliances;
(h) Books, stationery, greeting cards, office supplies, copying service, music, and sporting goods; and
(i) Toys, gifts, and photographic goods and services.
Retail Use. A Commercial Use that includes uses that involve the sale of goods, typically in small quantities, or services directly to the ultimate consumer or end user including, but not limited to, Retail Sales and Service Uses, some Entertainment, Arts and Recreation Uses, and Retail Automotive Uses.
S
Sales and Services, Non-Retail. A Commercial Use category that includes Uses that involve the sale of goods or services to other businesses rather than the end user, or that does not provide for direct sales to the consumer on site. Uses in this category include, but are not limited to: Business Services, Catering, Commercial Storage, Design Professional, General Office, Laboratory, Life Science, Non-Retail Professional Service, Trade Office, Wholesale Sales, and Wholesale Storage.
Sales and Services, Retail. A Commercial Use category that includes Uses that involve the sale of goods, typically in small quantities, or services directly to the ultimate consumer or end user with some space for retail service on site, excluding Retail Entertainment Arts and Recreation, and Retail Automobile Uses and including, but not limited to: Adult Business, Animal Hospital, Bar, Cannabis Retail, Chair and Foot Massage, Tourist Oriented Gift Store, General Grocery, Specialty Grocery, Gym, Hotel, Jewelry Store, Kennel, Laundromat, Liquor Store, Massage Establishment, Mortuary (Columbarium), Motel, Non-Auto Sales, Pharmacy, Restaurant, Limited Restaurant, General Retail Sales and Service, Financial Service, Fringe Financial Service, Limited Financial Service, Health Service, Personal Service, Retail Professional Service, Self-Storage, Tobacco Paraphernalia Establishment, and Trade Shop.
San Francisco. The City and County of San Francisco.
School. An Institution Educational Use, public or private, certified by the Western Association of Schools and Colleges that provides educational instruction to students in kindergarten through twelfth grade. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. This use is distinct and separate from a Post-Secondary Educational Institution, which is defined under this Section of the Code.
Senior Housing. A Residential Use defined as dwellings that are specifically designed for and occupied by senior citizens. Senior Housing is subject to the conditions listed in Section 202.2(f).
Service, Ambulance. A Non-Retail Automotive Use that provides medically related transportation services.
Service, Business. A Non-Retail Sales and Service Use that provides the following kinds of services primarily to businesses and/or to the general public and does not fall under the definition of Office: radio and television stations, newspaper bureaus, magazine and trade publication publishing, microfilm recording, slide duplicating, bulk mail services, parcel shipping services, parcel labeling and packaging services, messenger delivery/courier services, sign painting and lettering services, non-vehicular equipment rental, or building maintenance services.
Service, Financial. A Retail Sales and Service Use that provides banking services and products to the public, such as banks, savings and loans, and credit unions, when occupying more than 15 feet of linear frontage or 200 square feet of gross floor area. Any applicant for a financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California.
Service, Fringe Financial. A Retail Sales and Service Use that provides banking services and products to the public and is owned or operated by a "check casher" as defined in California Civil Code Section 1789.31, as amended from time to time, or by a "licensee" as defined in California Financial Code Section 23001(d), as amended from time to time. Any applicant for a fringe financial service use shall provide the Department with a true copy of the license issued to it by the State of California. A Nonprofit Fringe Financial Service shall mean a Fringe Financial Service that is exempted from payment of income tax under Section 23701(d) of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. Any such Nonprofit Fringe Financial Service shall provide the Planning Department with a true copy(ies) of its income tax documentation demonstrating its exemption from payment of income tax under State and Federal Law. A new Fringe Financial Service, with the exception of a Nonprofit Fringe Financial Service, shall not locate within one-quarter mile of an existing Fringe Financial Service.
Service, Health. A Retail Sales and Service Use that provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, Sole Practitioner massage therapists as defined in Section 29.5 of the Health Code, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes, without limitation, a clinic, primarily providing outpatient care in medical, psychiatric, or other health services, and not part of a Hospital or medical center, as
defined by this Section of the Code, and Sole Practitioner Massage Establishments as defined in Section 29.5 of the Health Code, but does not include other Massage Establishments, which are defined elsewhere in this Code.
Health Service does not include Reproductive Health Clinic, which is defined separately in this Section 102.
(Amended by Ord. 73-15; Ord. 233-21; Ord. 37-22; Proposition O, 11/5/2024; see Sec. 102 history note.)
Service, Limited Financial. A Retail Sales and Service Use that provides banking services, when not occupying more than 15 feet of linear frontage or 200 square feet of gross floor area. Automated teller machines, if installed within such a facility or on an exterior wall as a walk-up facility, are included in this category; however, these machines are not subject to the hours of operation, as defined in this Section of the Code and as set forth in the respective zoning district. Any applicant for a limited financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California.
Service, Motor Vehicle Tow. A Non-Retail Automotive Use that provides vehicle towing service, including accessory vehicle storage, when all tow trucks used and vehicles towed by the use are parked or stored on the premises.
Service, Non-Retail Professional. A Non-Retail Sales and Service Office Use that provides professional services primarily to other businesses including, but not limited to, accounting, legal, consulting, insurance, real estate brokerage, advertising agencies, public relations agencies, computer and data processing services, employment agencies, management consultants and other similar consultants, telephone message services, and travel services. This use may also provide services to the general public but is not required to. This use shall not include research services of an industrial or scientific nature in a commercial or medical laboratory, other than routine medical testing and analysis by a health-care professional or hospital.
Service, Parcel Delivery. A Non-Retail Automotive Use limited to facilities for the unloading, sorting, and reloading of local retail merchandise for deliveries, including but not limited to cannabis and cannabis products, where the operation is conducted entirely within a completely enclosed building, including garage facilities for local delivery trucks, but excluding repair shop facilities. Within PDR Districts, this use is not required to be operated within a completely enclosed building. Parcel Delivery Service for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use.
Service, Personal. A Retail Sales and Services Use that provides grooming services to the individual, including salons, cosmetic services, tattoo parlors, and health spas, bathhouses, and steam rooms. Personal Service does not include Massage Establishment or Gym, which are defined separately in this Section 102.
Service, Retail Professional. A Retail Sales and Service Use that provides primarily to the general public, general business, or professional services including, but not limited to, management, clerical, accounting, legal, consulting, insurance, real estate brokerage, and travel services. It may provide services to the business community, provided that it also provides services to the general public. Otherwise, it shall be considered a Non-Retail Professional Service Use as defined in this Section 102.
This use does not include research service of an industrial or scientific nature in a commercial or medical laboratory, other than routine medical testing and analysis by a health-care professional or hospital.
Shipyard. An Industrial Use that includes the building and repairing of ships.
Single Room Occupancy (SRO) Unit. A Residential Use characteristic, defined as a Dwelling Unit or Group Housing room consisting of no more than one occupied room with a maximum gross floor area of 350 square feet and meeting the Housing Code's minimum floor area standards. The unit may have a bathroom in addition to the occupied room. As a Dwelling Unit, it would have a cooking facility and bathroom. As a group housing room, it would share a kitchen with one or more other single room occupancy unit/s in the same building and may also share a bathroom. A single room occupancy building (or "SRO" building) is one that contains only SRO units and accessory living space.
Small Enterprise Workspace (S.E.W.). An S.E.W. is a use comprised of discrete workspace units of limited size that are independently accessed from building common areas. S.E.W.'s are subject to the controls listed in Section 202.2(g).
Social Service or Philanthropic Facility. An Institutional Community Use that provides programs and/or services of a charitable or public service nature, including but not limited to arts, education, financial or housing assistance, training, and advocacy. In addition to providing their services on site, such uses may also conduct their administrative activities on site as a Principal Use.
(Amended by Proposition H, 11/3/2020; see Sec. 102 history note.)
SOMA. The area bounded by Market Street to the north, The Embarcadero to the east, King Street to the south, and South Van Ness and Division Streets to the west.
Specialty Grocery. See Grocery, Specialty.
Sports Stadium. A Retail Entertainment, Arts and Recreation Use that includes any open-air sports stadium or arena, if conducted on premises not less than 200 feet from any R District.
SRO. Single Room Occupancy.
Storage, Commercial. A Non-Retail Sales and Service Use defined as a facility that stores within an enclosed building: contractors' equipment, building materials, or goods or materials used by other businesses at other locations. This use shall not include the storage of waste, salvaged materials, automobiles, inflammable or highly combustible materials, and wholesale goods or commodities.
Storage, Self. A Retail Sales and Service Use defined as a facility that stores, within an enclosed building, household and personal goods.
Storage, Volatile Materials. An Industrial Use defined as bulk storage of inflammable, highly combustible, or explosive materials.
Storage, Wholesale. A Non-Retail Sales and Service Use defined as a facility that stores, within an enclosed building, wholesale merchandise that is not accessory to a Wholesale Sales use. This use includes cold storage facilities, but not storage of inflammables or hazardous materials, which is covered under Hazardous Materials Storage.
Storage Yard. An Industrial Use involving the storage of building materials or lumber, stones or monuments, livestock feed, or contractors' equipment, if conducted within an area enclosed by a wall or concealing fence not less than six feet high. This use does not include Vehicle Storage or a Hazardous Waste Facility.
Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
Any mezzanine, or intermediate level, shall be considered part of a story constituted by another floor provided it is an open and integral part of the story or room of which it is a portion. There shall be only one such mezzanine per story and it shall have a minimum glazed or unglazed opening of 50 percent on the interior side of the room or story and an area not exceeding one-third of the floor area of the story or room in which it is located. Any mezzanine not meeting these criteria shall be considered a separate story.
(a) First Story. The highest building story with a floor level that is not more than six feet above grade at the centerline of the frontage of the lot where grade is defined.
(1) Grade. For purposes of this definition, "grade" is the point of elevation of the finished surface of the ground, paving, or sidewalk at the property line located along primary frontage, i.e., any street frontage between two consecutive streets or alleys where the total street frontage is entirely within an NC District. If the lot has more than one property line or no property line located along primary frontage, the Zoning Administrator shall choose the property line facing a street or alley where the grade is defined. In such situations, the Zoning Administrator shall favor streets that serve as major transportation routes, major or secondary thoroughfares, and streets along which other commercial districts are located. When the property line is five feet or more from the building frontage, grade shall be taken at the surface of the ground, paving, or sidewalk along the building frontage.
(2) Provisions in Section 260 of this Code shall apply in defining the point of measurement at grade, where the building steps laterally in relation to the street used to define grade.
(b) Second Story. The story above the first story.
(c) Third Story and Above. The story or stories above the second story and below the ceiling of the topmost story of a building.
(d) Basement. Space located below the first story of a building when such space is of sufficient floor to ceiling height for legal occupancy.
Street. A right-of-way, 30 feet or more in width, permanently dedicated to common and general use by the public, including any avenue, drive, boulevard, or similar way, but not including any freeway or highway without a general right of access for abutting properties.
Structural Alterations. Any change in the supporting members of a Building, such as bearing walls, columns, beams, or girders.
Structure. Anything constructed or erected that requires fixed location on the ground or attachment to something having fixed location on the ground.
Student Housing. A Residential Use characteristic defined as a living space for students of accredited Post-Secondary Educational Institutions that may take the form of Dwelling Units, Group Housing, or SRO Units and is owned, operated, or otherwise controlled by an accredited Post-Secondary Educational Institution. Unless expressly provided for elsewhere in this Code, the use of Student Housing is permitted where the form of housing is permitted in the underlying Zoning District in which it is located. Student Housing may consist of all or part of a building, and Student Housing owned, operated, or controlled by more than one Post-Secondary Educational Institution may be located in one building.
T
Temporary Cannabis Sales. A Temporary Use that sells or otherwise provides cannabis and cannabis-related products for adult use, and that may also include the sale or provision of cannabis for medicinal use. A Temporary Cannabis Sales Use may only be operated by the holder of a valid Medical Cannabis Dispensary Permit from the Department of Public Health. Any authorization for a Temporary Cannabis Sales Use shall expire on January 1, 2019, pursuant to Section 205.2.
Tobacco Paraphernalia Establishment. A Retail Sales and Service Use where more than 10% of the square footage of Occupied Floor Area, as defined in Section 102, or more than 10 linear feet of display area projected to the floor, whichever is less, is dedicated to the sale, distribution, delivery, furnishing, or marketing of Tobacco Paraphernalia from one person to another. For purposes of Sections 249.5, 719, 723, and 744 of this Code, however, Tobacco Paraphernalia Establishments shall mean retail uses where any Tobacco Paraphernalia is sold, distributed, delivered, furnished, or marketed from one person to another. “Tobacco Paraphernalia” means paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, products prepared from tobacco, or controlled substances as defined in California Health and Safety Code Sections 11054, et seq. “Tobacco Paraphernalia” does not include lighters, matches, cigarette
holders, any device used to store or preserve tobacco, tobacco, cigarettes, cigarette papers, cigars, or any other preparation of tobacco that is permitted by existing law. Cannabis Retail Uses as defined in Section 102, Temporary Cannabis Retail Uses as defined in Section 205.2, and Medical Cannabis Dispensary Uses as defined in Section 102 are not Tobacco Paraphernalia Establishments.
Trade Office. A Non-Retail Sales and Service Use that includes business offices of building, plumbing, electrical, painting, roofing, furnace, or pest control contractors, if no storage of equipment or items for wholesale use are located on site. It may also include incidental accessory storage of office supplies and samples if the storage of equipment and supplies does not occupy more than one-third of the total Gross Floor Area of the use. Such Trade Offices shall operate in a manner to reduce noise, vibration, and emissions impacts beyond the premises of the use. No processing of building materials, such as mixing of concrete or heating of asphalt shall be conducted on the premises. Parking, loading, and unloading of all vehicles used by the contractor shall be located entirely within the building containing the use.
Trade School. An Institutional Education Use, public or private, where industrial arts is the primary course of study. Such use is not required to submit an institutional master plan pursuant to Section 304.5 of this Code.
Trade Shop. A Retail Sales and Service Use that provides custom-crafted goods and/or services for sale directly to the consumer, reserving some storefront space for display and retail service, subject to the conditions in Section 202.2. A trade shop includes, but is not limited to:
(a) Repair of personal apparel, accessories, household goods, appliances, furniture, and similar items, but excluding repair of motor vehicles and structures;
(b) Upholstery services;
(c) Carpentry;
(d) Printing of a minor processing nature, including multi-copy and blueprinting services and printing of pamphlets, brochures, resumes, and small reports, but excluding printing of books, magazines, or newspapers;
(e) Tailoring; and
(f) Other artisan craft uses, including fine arts uses. Arts Activities and Light Manufacturing shall be considered distinct from Trade Shops.
Treasurer. The Treasurer for the City and County of San Francisco.
Truck Terminal. An Industrial Use where trucks meet and transfer goods to each other for shipment to other places.
U
Urban Agriculture. See Agriculture, Urban.
Use. The purpose for which land or a structure, or both, are legally designed, constructed, arranged, or intended, or for which they are legally occupied or maintained, let, or leased.
Use Characteristic. A feature of a Use, related to its physical layout, location, design, access, or other characteristics. Use Characteristics may be regulated independently of a Use itself. Residential Use Characteristics include Single Room Occupancy, Intermediate Length Occupancy, and Student Housing. Commercial Use Characteristics include Drive-up Facility, Formula Retail, Hours of Operation, Maritime Use, Open Air Sales, Outdoor Activity, and Walk-Up Facility.
Use Size (Non-Residential). See Non-Residential Use Size.
Utility and Infrastructure. A Use Category that includes Community Recycling Center, Internet Service Exchange, Power Plant, Public Transportation Facility, Public Utilities Yard, Wireless Telecommunications Services (WTS) Facility, and Utility Installation.
Utility Installation. A Utility and Infrastructure Use that includes, but is not necessarily limited to, water, gas, electric, transportation, or communications utilities, or public service facility, provided that operating requirements necessitate placement at this location. This use does not include Wireless Telecommunications Services Facilities, or Public Transportation Facilities, as defined in this Section of the Code.
V
Variance. An authorization to deviate from the strict application of certain Planning Code requirements pursuant to Section 305 of this Code.
Vehicle Storage Garage. A Retail Automotive Use that provides for the storage of buses, recreational vehicles, mobile homes, trailers, or boats and/or storage for more than 72 hours of other vehicles in an enclosed structure. It shall not include rooftop storage. A Vehicle Storage Garage shall comply with the street frontage requirements of the district in which it is located.
Vehicle Storage Lot. A Retail Automotive Use that provides for the storage of buses, recreational vehicles, mobile homes, trailers, or boats and/or storage for more than 72 hours of other vehicles on an open lot. It shall not include rooftop storage. Vehicle Storage Lots shall comply with the Screening and Greening requirements of Section 142.
Vehicular Use Area. An area of a lot not located within any enclosed or partially enclosed structure and that is devoted to a use by or for motor vehicles including parking (accessory or non-accessory); and Automotive Uses that are not enclosed by a structure including, but not limited to, storage of automobiles, trucks or other vehicles; gasoline stations; car washes; motor vehicle repair shops; loading areas; and service areas. Vehicular use areas shall be subject to landscaping and screening requirements of Section 142(b).
W
Waiver Agreement. An agreement acceptable in form and substance to the City Attorney and the Planning Department under which the City agrees to waive all or a portion of the Community Improvements Impact Fee.
Walk-Up Facility. A Use Characteristic defined as a structure designed for provision of pedestrian-oriented services when located on an exterior building wall, including window service, self-service operations, and automated bank teller machines (ATMs). Such facilities shall provide waste receptacles, and be kept free of litter.
Wholesale Sales. A Non-Retail Sales and Service Use that exclusively provides goods or commodities for resale or business use, including accessory storage. This use includes cannabis distribution (any use requiring License Type 11—Distributor, as defined in California Business and Professions Code, Division 10). It shall not include a nonaccessory storage warehouse.
Width of a Street or Alley. Unless specified elsewhere in this Code, the width of a street or alley shall be the distance measured along a line that is perpendicular to the centerline of that street or alley and extends from the mid-point of the front property line of a given parcel to a front property line on the opposite side of that street or alley.
Wireless Telecommunications Services (WTS) Facility. A Utility and Infrastructure Use defined as a facility that sends and/or receives wireless radio frequency (RF) signals, AM/FM, microwave, or electromagnetic waves, for the purpose of providing voice, data, images or other information; including but not limited to digital (previously "cellular") mobile phone service, personal communication service and paging services. WTS Facilities may be located either inside or outside of an enclosed building.
Such facilities include, but are not limited to, directional (panel), omni-directional and parabolic antennas, related electronic equipment, power sources, screening elements, supporting equipment, towers and structures. The term does not include facilities exempt under the Federal Communications Commission's Over The Air Receiving Device rules. A WTS Facility is also referred to as a "Personal Wireless Services Facility," as defined in the Federal Communications Act.
A WTS Facility is subject to the Wireless Telecommunications Services Facility Siting Guidelines ("Guidelines") adopted by the Planning Commission, including but not limited to any design criteria included in those Guidelines.
Wireless Telecommunications Services (WTS) Facility, Macro. A Macro WTS Facility is generally characterized by significant spatial effects and more than two antennas. A WTS Facility is considered a Macro WTS Facility unless determined by the Zoning Administrator to be a Micro WTS Facility.
Wireless Telecommunications Services (WTS) Facility, Micro. The Zoning Administrator shall determine whether a proposed WTS Facility is a Micro WTS Facility. A Micro WTS Facility is generally characterized by
(a) limited spatial effects;
(b) a small number of antennas (typically up to two);
(c) an absence of substantial cumulative effects on neighborhood character or aesthetics, when considered in conjunction with other WTS Facilities at the same project site; and
(d) a location that is not "disfavored" as specified in the Guidelines.
Wireless Telecommunications Services Facility, Temporary. A Wireless Telecommunications Services Facility located on a parcel of land and consisting of a vehicle-mounted facility, a building-mounted antenna, or a similar facility, and associated equipment, that is used to provide temporary coverage for a large-scale event or an emergency, or to provide temporary replacement coverage due to the removal of a permitted, permanent WTS facility necessitated by the demolition or major alteration of a nearby property.
X, Y, Z
None.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 32-91, App. 1/25/91; Ord. 63-91, App. 2/27/91; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 52-15
, File No. 141266, App. 4/30/2015, Eff. 5/30/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15
, File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017; Ord. 95-17, File No. 170125, App. 5/12/2017, Eff. 6/11/2017; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 13-18, File No. 171096, App. 2/9/2018, Eff. 3/12/2018; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019; Ord. 15-19, File No. 181046, App. 2/8/2019, Eff. 3/11/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 209-21, File No. 210808, App. 11/19/2021, Eff. 12/20/2021; Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 50-22, File No. 211299, App. 3/31/2022, Eff. 5/1/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 142-23, File No. 230410, App. 7/26/2023, Eff. 8/26/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 2-24, File No. 230704, App. 1/19/2024, Eff. 2/19/2024; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 70-24, File No. 231225, App. 4/5/2024, Eff. 5/6/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Proposition O, 11/5/2024, Eff. 12/20/2024; Ord. 214-25, File No. 250716, App. 11/4/2025, Eff. 12/5/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 220-25, File No. 250888, App. 11/21/2025, Eff. 12/22/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
AMENDMENT HISTORY
Section amended in its entirety; Ord. 22-15, Eff. 3/22/2015 (for the legislative history of prior definition provisions, see the Editor's Note below). See individual definitions for subsequent amendment history notes.
CODIFICATION NOTES
1. So in Proposition H, 11/3/2020.
Editor's Note:
As part of its substantial amendments to this Code, Ord. 22-15 consolidated the Art. 1 definitions into a single section, Sec. 102 above. Previously, Art. 1 definitions had been codified under separate section numbers. For the purpose of retaining the legislative history of the now superseded Art. 1 definition provisions, the terms formerly defined in this Article are set out below, along with their history notes as they existed immediately prior to the effectiveness of Ord. 22-15.
As part of its substantial amendments to this Code, Ord. 22-15 consolidated the Art. 1 definitions into a single section, Sec. 102 above. Previously, Art. 1 definitions had been codified under separate section numbers. For the purpose of retaining the legislative history of the now superseded Art. 1 definition provisions, the terms formerly defined in this Article are set out below, along with their history notes as they existed immediately prior to the effectiveness of Ord. 22-15.
SEC. 102.5. DISTRICT.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 90-11, File No. 110301, App. 6/9/2011, Eff. 7/9/2011; Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011; Ord. 196-11, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013)
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 90-11, File No. 110301, App. 6/9/2011, Eff. 7/9/2011; Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011; Ord. 196-11, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013)
SEC. 102.6.1. DWELLING SPECIFICALLY DESIGNED FOR AND OCCUPIED BY SENIOR CITIZENS.
(Added by Ord. 130-10, File No. 090906, App. 6/24/2010; amended by Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013)
(Added by Ord. 130-10, File No. 090906, App. 6/24/2010; amended by Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013)
SEC. 102.7. DWELLING UNIT.
(Amended Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 218-14, File No. 140381, App. 10/27/2014, Eff. 11/26/2014, Oper. 2/1/2015)
(Amended Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 218-14, File No. 140381, App. 10/27/2014, Eff. 11/26/2014, Oper. 2/1/2015)
SEC. 102.9. FLOOR AREA, GROSS.
(Amended Ord. 414-85, App. 9/17/85; Ord. 537-88, App. 12/16/88; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 275-03, File No. 021577, App. 12/10/2003; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 232-14, File No. 120881, App. 11/26/2014, Eff. 12/26/2014)
(Amended Ord. 414-85, App. 9/17/85; Ord. 537-88, App. 12/16/88; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 275-03, File No. 021577, App. 12/10/2003; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 232-14, File No. 120881, App. 11/26/2014, Eff. 12/26/2014)
SEC. 102.11. FLOOR AREA RATIO.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012)
(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012)
SEC. 102.13. LIVE/WORK UNIT.
(Added by Ord. 412-88, App. 9/10/88; amended by Ord. 56-02, File No. 012127, App. 4/29/2002; Ord. 218-14, File No. 140381, App. 10/27/2014, Eff. 11/26/2014, Oper. 2/1/2015)
(Added by Ord. 412-88, App. 9/10/88; amended by Ord. 56-02, File No. 012127, App. 4/29/2002; Ord. 218-14, File No. 140381, App. 10/27/2014, Eff. 11/26/2014, Oper. 2/1/2015)
SEC. 102.17. NIGHTTIME ENTERTAINMENT USES.
(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
SEC. 102.35. URBAN AGRICULTURE.
(Added by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011)
(Added by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011)
SEC. 102.36. STUDENT HOUSING.
(Added by Ord. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012)
(Added by Ord. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012)
SEC. 102.37. COTTAGE FOOD OPERATION.
(Added by Ord. 288-13, File No. 130998, App. 12/26/2013, Eff. 1/25/2014)
(Added by Ord. 288-13, File No. 130998, App. 12/26/2013, Eff. 1/25/2014)