San Francisco City Zoning Code
ARTICLE 1
7: COMPLIANCE
SEC. 170. APPLICABILITY OF REQUIREMENTS.
(See Interpretations related to this Section.)
In their interpretation and application, the provisions of this Code shall be held to be minimum requirements. This Code is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law, ordinance or the San Francisco Municipal Code, except such as are specifically repealed by this Code; provided, however, that where this Code imposes a greater restriction upon any use, activity or feature, or with respect to any land or structure, than is imposed or required by such existing provisions of law, ordinance or the Municipal Code, the provisions of this Code shall control.
(Added by Ord. 443-78, App. 10/6/78)
SEC. 171. COMPLIANCE OF USES REQUIRED.
(See Interpretations related to this Section.)
Except as otherwise provided in this Code, structures and land in any district shall be used only for the purposes listed in this Code as permitted in that district, and in accordance with the regulations established for that district. A Permit of Occupancy shall be issued by the Department of Building Inspection (Central Permit Bureau) to the effect that the use or proposed use of a structure or land conforms to the provisions of this and related ordinances, prior to the occupancy of any structure erected, enlarged or structurally altered, or where any vacant land is proposed to be occupied or used except for permitted agricultural uses. Such a permit shall also be issued whenever the use of any structure or land is proposed to be changed from a use first permitted in any district to a use that is more widely permitted by the use districts of the City. Upon written request from the owner, such a permit shall also be issued covering any lawful use of a structure or land existing on the effective date of this Code, including nonconforming uses.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013)
AMENDMENT HISTORY
SEC. 172. COMPLIANCE OF STRUCTURES, OPEN SPACES, AND OFF-STREET PARKING AND LOADING REQUIRED.
(See Interpretations related to this Section.)
(a) No structure shall be constructed, reconstructed, enlarged, altered, or relocated so as to have or result in a greater height, bulk, or Floor Area Ratio, less Required Open Space as defined in Section 102 of this Code, or less off-street loading space, than permissible under the limitations set forth herein for the district or districts in which such structure is located; provided, however, that, except in the North Beach-Telegraph Hill Residential Special Use District, for the purpose of creating habitable space or an Accessory Dwelling Unit pursuant to Section 207.1 of this Code where the exception is in consideration of the property owner entering into a Regulatory Agreement pursuant to Section 207.1 subjecting the ADU to the San Francisco Rent Stabilization and Arbitration Ordinance, and as long as the number of above-ground building stories is not increased:
(1) the ceiling height of an existing building story in a lawfully-existing nonconforming structure may be increased to create an interior floor-to-ceiling height of up to nine feet; and/or
(2) a flat roof may be replaced with a pitched roof.
The alterations permitted by subsections (a)(1) and (a)(2) above shall be subject to applicable design guidelines, including the Residential Design Guidelines, for the zoning district in which the building is located. If a building is a historic resource or located in a historic district, the alterations shall also comply with applicable Secretary of Interior Standards and other Code provisions pertaining to historic properties. Building heights shall be measured according to the procedures of Section 260.
(b) No existing structure which fails to meet the requirements of this Code in any manner as described in subsection (a) above, or which occupies a lot that is smaller in dimension or area than required by this Code, shall be constructed, reconstructed, enlarged, altered, or relocated so as to increase the discrepancy, or to create a new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in this Code.
(c) No required open space, off-street parking space, or loading space existing or hereafter provided about, in, or on any structure shall be reduced below the minimum requirements therefor set forth in this Code, or further reduced if already less than said minimum requirements. No required open space, off-street parking space, or loading space existing or hereafter provided for a structure or use and necessary to meet or meet partially the requirements of this Code for such structure or use shall be considered as all or part of the required open space, off-street parking space, or loading space required for any other structure or use, except as provided in Section 160 for the collective provision or joint use of parking.
(d) Existing Live/Work Units, or those newly created or expanded within the existing exterior walls of a structure, so long as they conform to all Building Code requirements, shall not be considered an enlargement, construction, reconstruction, alteration, or relocation for purposes of this Section 172.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 412-88, App. 9/10/88; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Division (e) amended; Ord. 188-15
, Eff. 12/4/2015. Division (d) amended; former division (e) deleted; Ord. 99-17, Eff. 6/18/2017. Divisions (a)-(d) amended; divisions (a)(1) and (a)(2) added; Ord. 206-19, Eff. 10/14/2019. Division (a) amended; Ord. 63-20, Eff. 5/25/2020. Division (a) amended; Ord. 62-24, Eff. 4/28/2024.
SEC. 173. COMPLIANCE OF LOTS REQUIRED.
(See Interpretations related to this Section.)
(a) No lot shall be created or reduced so as to be smaller in dimension or area than allowed by this Code, or further reduced if already smaller in dimension or area than allowed by this Code, or created or modified so as to omit, remove or reduce the frontage or access required by this Code.
(b) No lot shall be created or reduced in relation to any structure thereon so as to produce a violation of any of the requirements of this Code, or be further reduced in relation to any structure thereon if already below such requirements in relation to such structure.
(Added by Ord. 443-78, App. 10/6/78)
SEC. 174. COMPLIANCE WITH CONDITIONS, STIPULATIONS AND SPECIAL RESTRICTIONS REQUIRED.
(See Interpretations related to this Section.)
Every condition, stipulation, special restriction and other limitation imposed by administrative actions pursuant to this Code, whether such actions are discretionary or ministerial, shall be complied with in the development and use of land and structures. All such conditions, stipulations, special restrictions and other limitations shall become requirements of this Code, and failure to comply with any such condition, stipulation, special restriction or other limitation shall constitute a violation of the provisions of this Code. Such conditions, stipulations, special restrictions and other limitations shall include but not be limited to the following:
(a) Conditions prescribed by the Zoning Administrator and the City Planning Commission, and by the Board of Permit Appeals and the Board of Supervisors on appeal, in actions on permits, licenses, conditional uses and variances, and in other actions pursuant to their authority under this Code;
(b) Stipulations upon which any reclassification of property prior to May 2, 1960, was made contingent by action of the City Planning Commission, where the property was developed as stipulated and the stipulations as to the character of improvements are more restrictive than the requirements of this Code that are otherwise applicable. Any such stipulations shall remain in full force and effect under this Code;
(c) Special restrictions prescribed by the Zoning Administrator in actions on permits pursuant to the authority prescribed by this Code, and in the performance of other powers and duties to secure compliance with this Code.
(Added by Ord. 443-78, App. 10/6/78)
SEC. 175. APPROVAL OF PERMITS OR DEVELOPMENT APPLICATIONS.
(a) No application for a building permit, Development Application, or other permit or license, or for a permit of Occupancy, shall be approved by the Planning Department, and no permit or license shall be issued by any City department, which would authorize a new use, a change of use or maintenance of an existing use of any land or structure contrary to the provisions of this Code.
(b) No such application, permit or license shall be approved or issued by any City department for the construction, reconstruction, enlargement, alteration, relocation or occupancy of any structure if the construction or other activities that would be authorized by the requested permit or license would not conform in all respects to this Code, or if the structure or any feature thereof is designed, constructed, arranged, maintained or intended to be used for a purpose or in a manner contrary to the provisions of this Code.
(c) No such application, permit or license shall be approved or issued by any city department for the construction, reconstruction, enlargement, alteration, relocation or occupancy of any land or structure if the lot on which the use or structure is or will be situated has been created, reduced or maintained contrary to the provisions in this Code. This prohibition shall apply to all lots involved in any change of lot lines that caused any of said lots to be created or reduced in dimension or area, or in relation to any structure thereon, contrary to the provisions of this Code, regardless of whether one or more of the lots involved remained in compliance with such provisions.
(d) Notwithstanding the limitations of Subsections (a), (b) and (c) of this Section, minor alterations, maintenance and repairs shall be permitted for any such structure where ordered by an appropriate public official to correct immediate hazards to health or safety, and only for that purpose.
(e) Permits for signs shall be further regulated by the provisions of Section 604 of this Code.
(f) Whenever this Code requires a property owner to enter into a regulatory agreement with the City subjecting any dwelling units to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), the Planning Department shall note the existence of the recorded regulatory agreement on a publicly-accessible website.
AMENDMENT HISTORY
SEC. 175.1. EFFECTIVE DATE OF THE CENTRAL SOMA ZONING CONTROLS.
(a) Intent. It is the intent of this Section 175.1 to provide for an orderly transition from prior zoning and planning requirements to the requirements under the Central SoMa Controls, without impairing the validity of prior actions by the City or frustrating completion of actions authorized prior to the effective date of those Controls.
(1) “Central SoMa Controls” shall mean all Ordinances adopted in furtherance of the Central SoMa Area Flan, including but not limited to Ordinance Nos. 282-18 & 283-18, and associated amendments to the Planning Code, Zoning Map, and Administrative Code.
(2) “Development Application” is defined in Planning Code Section 401.
(3) “Project Approval” shall mean any required approval or determination on a Development Application that the Planning Commission, Planning Department, or Zoning Administrator issues.
(4) “Code Conforming Project” shall mean a development project for which all required Development Applications could have received Project Approval under the Planning Code immediately prior to the effective date of the Central SoMa Controls.
(c) Applicability. A Code Conforming Project within the Central SoMa Special Use District may elect to be exempt from the Central SoMa Controls and instead be subject to those controls in place immediately prior to the effective date of the Central SoMa Controls, if at least one Development Application for such project was filed before February 15, 2018 and the project receives its first Project Approval by December 31, 2019.
(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(Former Sec. 175.1 amended by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
SEC. 175.2. [REPEALED.]
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
CODIFICATION NOTE
Section 15 of the repealing ordinance cited above states: "The San Francisco Planning Code is hereby amended by repealing Section 172.2, as follows: SEC. 175.2. . . ." The remainder of former Section 175.2 is then set out and struck through. The initial reference to Section 172.2 therefore appears to have been a scrivener's error. Accordingly, the codifier has given effect to Section 15 of the repealing ordinance by deleting this Section 175.2 from the Code and designating it as repealed.
SEC. 175.3. [REPEALED.]
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
SEC. 175.4. [REPEALED.]
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
SEC. 175.5. APPLICABILITY OF WESTERN SOMA CONTROLS TO PENDING PROJECTS IN THE SALI DISTRICT.
(a) Intent. It is the intent of this Section to provide for an orderly transition from prior zoning and planning requirements to the requirements imposed in implementing the Western SoMa Controls, without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of those Controls.
(b) Applicability. This Section applies only to projects located in a SALI District within the boundaries of the Eastern Neighborhoods Program Area as defined in Section 401 that have a Development Application pending as of June 20, 2012. Notwithstanding any contrary provision in this Section, if a project does not receive its first building or site permit within 36 months after the effective date of the Western SoMa Controls, then it shall be subject to all applicable Planning Code and Zoning Maps controls in effect at the date its first building or site permit is issued. The 36-month time period is extended until the expiration of any appeal period, or if an appeal or litigation challenging the project authorization is filed, until final resolution of the appeal or litigation.
(c) Definitions. The following definitions shall apply to this Section:
(1) "Code Conforming Project" shall mean a project which complies with the Planning Code prior to the effective date of the Western SoMa controls.
(2) "Development Application" shall mean any application for a building permit, site permit, environmental review, Conditional Use or Variance.
(3) "Pending," with respect to a Development Application, shall mean first filed with the Planning Department on the date specified in Section (b) above for a project that has not obtained a Project Approval prior to the effective date of the Western SoMa Controls.
(4) "Project Approval" shall mean any required approval or determination on a Development Application by the Planning Commission, Planning Department, or Zoning Administrator.
(5) "Residential Project" shall mean any project which includes at least one dwelling unit, group housing bedroom, or other residential use or uses.
(6) "Western SoMa Controls" shall mean all Ordinances adopted in furtherance of the Western SoMa Area Plan Process and associated amendments to the Planning Code, Zoning Map, and Administrative Code.
(d) Effect of Western SoMa Controls on pending Residential Code Conforming Projects.
(1) Articles 1, 1.2, 1.5, and 2.5 of the Planning Code as amended by the Western SoMa Controls shall apply; and
(3) The Planning Director may grant an increase beyond the otherwise-superseded height limits of no more than 8 feet when an equal or greater increase would be allowed under the Western SoMa Controls and when such increase is necessary to comply with Subsection (d)(1), above; and
(4) If compliance with Subsection (d)(1) would require a substantial re-design of the project or a significant change to the type or size of uses originally proposed, the applicant may seek complete or partial relief from that requirement through the Conditional Use authorization process as set forth in Section 303; and
(5) For proposed Residential Projects where such uses are not permitted under the Western SoMa Controls, Subsection (d)(1), above shall apply as if the residential use were located in a Western SoMa Mixed Use General (WMUG) District.
(Former Sec. 175.5 added by Ord. 344-87, App. 8/21/87; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
AMENDMENT HISTORY
SEC. 175.6. EFFECTIVE DATE OF THE EASTERN NEIGHBORHOODS ZONING CONTROLS.
(See Interpretations related to this Section.)
(a) Intent. It is the intent of this Section to provide for an orderly transition from prior zoning and planning requirements to the requirements imposed in implementing the Eastern Neighborhoods Controls, without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of those Controls.
(b) Applicability. This Section applies only to the specific types of development projects identified herein and that are subject to changed regulations or procedures as a result of the Eastern Neighborhoods Controls and are located in an Eastern Neighborhoods Mixed Use District or any PDR, R, or NC District located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 423. This Section shall not apply to any other project.
(c) Definitions. The following definitions shall apply to this Section:
(1) "Eastern Neighborhoods Controls" shall mean all Ordinances adopted in furtherance of the Eastern Neighborhoods Area Plan Process, including but not limited to Ordinance Numbers 0297-09, 0298-08, 0299-08, 0330-08, 0302-08, 0304-08, 0305-08, and associated amendments to the Planning Code, Zoning Map, and Administrative Code.
(2) "Development Application" shall mean any application for a building permit, site permit, environmental review, Conditional Use or Variance.
(3) "Project Approval" shall mean any required approval or determination on a Development Application that the Planning Commission, Planning Department, or Zoning Administrator issues.
(4) "Code Conforming Project" shall mean a development project for which all required Development Applications could have received Project Approvals in accordance with the provisions of the Planning Code in effect when the first such application was filed with the Planning Department. Under no circumstances may a Code Conforming Project make use of any community plan intake process or fee schedule as set forth in Chapter 31 of the Administrative Code.
(5) "Entitled Project" shall mean any project for which a Project Approval was granted prior to the effective date of the Eastern Neighborhoods Controls and:
(A) that is not, and has not been, in violation of any time limits imposed pursuant to the Building Code or as a condition of approval of the project; and
(B) for which no certificate of occupancy or completion of any type has ever been issued.
(6) "Residential Project" shall mean any development project which includes at least one dwelling unit, group housing bedroom, or other residential use or uses.
(7) "Non-Residential Project" shall mean any development project which is not a Residential Project.
(d) Effect of Amendments on Approved Projects. A Development Application that would modify an Entitled Project shall be governed all current provisions of the Planning Code (including the Zoning Maps) exclusive of the Eastern Neighborhood Controls.
(e) Effect of Amendments on Projects for Which No Project Approval Has Occurred. A Code Conforming Project for which a Development Application first was filed with the Planning Department during any of the time periods identified in this Subsection and that did not obtain Project Approval prior to the effective date of the Eastern Neighborhoods Controls shall be governed by Subsection (d), above, except as specifically modified below:
(1) For Non-Residential and Single Room Occupancy (as defined in Sec. 890.88(c)) Code Conforming Projects that filed a first Development Application with the Planning Department prior to January 19, 2007 and for Residential Code Conforming Projects, excluding Single Room Occupancy projects, that filed a first Development Application with the Planning Department prior to April 1, 2006:
(A) Articles 1, 1.2, 1.5, and 2.5 of the Planning Code as amended by the Eastern Neighborhood Controls shall apply; and
(B) The Planning Director may grant an increase beyond the otherwise-superseded height limits of no more than 8 feet when an equal or greater increase would be allowed under the Eastern Neighborhoods Controls and when such increase is necessary to comply with Subsection (e)(1)(A), above.
(C) If compliance with Subsection (e)(1)(A) would require a substantial re-design of the project or a significant change to the type or size of uses originally proposed, the applicant may seek complete or partial relief from that requirement through the Conditional Use authorization process as set forth in Section 303.
(D) Additionally, for proposed residential uses in PDR Districts where such uses are not permitted under the Eastern Neighborhoods Controls, Subsection (e)(1)(A), above, shall apply as if the residential use were located in an Urban Mixed Use (UMU) District.
(2) For Non-Residential Code Conforming projects that filed a first Development Application with the Planning Department between January 19, 2007 and August 29, 2007:
(A) Subsection (e)(1), above, shall apply;
(B) The impact fees set forth in Section 423 of the Eastern Neighborhoods Controls shall apply, except that the fees set forth in Tables 423.3A and 423.3B, regardless of fee tier, shall be reduced to $3 per gross square foot of Non-Residential Use; and
(3) For Non-Residential Code Conforming projects that filed a first Development Application with the Planning Department between August 30, 2007 and April 17, 2008 and for Residential Code Conforming Projects that filed a first Development Application with the Planning Department between April 1, 2006 and April 17, 2008.
(A) Subsection (e)(1), above, shall apply:
(B) The impact fees set forth in Section 423 of the Eastern Neighborhoods Controls shall apply; and
(C) The housing requirements for residential projects as set forth in Section 419 of the Eastern Neighborhoods Controls shall apply.
AMENDMENT HISTORY
SEC. 175.7. [REPEALED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
SEC. 175.8. [REPEALED.]
SEC. 175.9. DURATION OF AUTHORIZATION IN THE EASTERN NEIGHBORHOODS.
(a) This Section shall apply only to property located in any Eastern Neighborhoods Mixed Use District, the SLI District, or any NCT, RTO or PDR District which is located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 327.2(I).
(b) Notwithstanding any contrary provision in Section 175.6, should a project not receive its first building or site permit within 36 months after receiving the last of any required authorization under Sections 303, 305, or 329, then any such authorization shall be subject to the Eastern Neighborhoods Public Benefit Fee set forth in Sections 327 et seq. at the date it receives its first building or site permit.
(c) Any residential project subject to Subsection (b) also shall provide the Planning Code's affordable housing requirements in the zoning district where the subject property is located.
(d) Notwithstanding any contrary provision of Subsection (c) above, if a residential project submitted its first application, including an environmental evaluation application or any other Planning Department or Building Department application before July 1, 2006 and the project is in compliance with Section 175.6(c)(4), then it shall provide the lesser of:
(1) Three additional percentage points (3%) above the Residential Inclusionary Affordable Housing Program requirements that would have applied to the subject project pursuant to Sections 415 et seq. at the time of first application submittal or
(2) The Planning Code's affordable housing requirements in the zoning district where the subject property is located.
(e) The time period in Subsection (b) is subject to the following requirements; (1) the required authorization must be final and effective; and (2) the 36-month time period shall be tolled until the expiration of any appeal period if no appeal is filed, or if an appeal is filed, final resolution of any appeal. This time period also shall be tolled until a final judgment is issued in any litigation challenging the project authorization.
(Added Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 62-13
, File No. 121162, App. 4/10/2013, Eff. 5/10/2013)
AMENDMENT HISTORY
SEC. 176. ENFORCEMENT AGAINST VIOLATIONS.
(See Interpretations related to this Section.)
(a) Violations Unlawful. Any use, structure, lot, feature, or condition in violation of this Code is hereby found and declared to be unlawful and a public nuisance. Should any permit or license have been issued that was not then in conformity with the provisions of this Code, such permit or license shall be null and void.
(b) Methods of Enforcement. The Zoning Administrator shall have authority to enforce this Code against violations thereof by any of the following actions:
(1) Serving a Notice of Violation (NOV) requiring the cessation, removal, or correction of any violation of this Code upon the property owner or owners (“Responsible Party” or “Responsible Parties”) of the property that is the subject of the violation, by mail or by posting the notice in a conspicuous place on the property that is the subject of the violation. When such information is available, notice may also be served upon the tenant of the property, agent of the owner, designer, builder, or any other person who commits or assists in such violation;
(2) Calling upon the City Attorney to maintain an action for injunction to restrain or abatement to cause the correction or removal of any such violation, and for assessment and recovery of a civil penalty for such violation as well as any attorneys’ fees or costs, including but not limited to expert witness fees and costs of investigation incurred in maintaining such an action;
(3) Calling upon the District Attorney to institute criminal proceedings in enforcement of this Code against any such violation;
(4) Calling upon the Chief of Police and authorized agents to assist in the enforcement of this Code; and
(5) Calling upon the Mayor’s Office of Housing and Community Development (MOHCD) to enforce Planning Code requirements relating to affordable housing. The Department and MOHCD shall enter into a memorandum of understanding to identify the types of enforcement cases to be delegated to MOHCD.
(c) Penalties.
(1) Administrative Penalties.
(A) General Violations. The Zoning Administrator, by issuance of the NOV, may assess upon the Responsible Party an administrative penalty for each violation in an amount up to $1,000 for each day the violation continues unabated. For purposes of this subsection (c)(1)(A), each real property address, and each commercial or dwelling unit within a multi-unit real property address, affected by a violation is a distinct violation for calculation of applicable administrative penalties. Notwithstanding the foregoing, a violation of this Code that affects a common area, feature, or shared detached feature of a multi-unit structure may be treated as a distinct violation of this Code, at the reasonable discretion of the Zoning Administrator. Misrepresentations made on any Applications or plans submitted to the Planning Department shall also constitute a violation of this Code for the purposes of this Section 176. The NOV may be appealed in the manner provided in subsection (c)(1)(D).
Upon the later of the expiration of the time in which an appeal of an NOV may be filed without any such appeal having been filed, or the entry of a final decision on an appeal of an NOV (a Notice of Violation and Penalty Decision, or NOVPD), the NOV or NOVPD may be recorded as an Order of Abatement against title to the property, and the obligations to correct the violation as set forth in the NOV or NOVPD Order of Abatement shall be Planning Code conditions pursuant to Section 174 of this Code that run with title to the property. Further, such recordation shall provide notice to each Responsible Party and any subsequent successor or assign of title to the property that the failure to perform such obligations is a violation of the Planning Code and may be enforced as such.
(B) Contents of NOV, NOVPD, and Notice of Additional Compliance Actions And Accrued Penalties. The NOV shall inform the Responsible Party: of the necessary steps toward compliance the Responsible Party must timely perform to avoid the accrual of daily penalties (“Compliance Actions”); that upon finality, the NOV or NOVPD may be recorded as an Order of Abatement against title to the property; and that any daily penalties or Time and Materials assessed under a final NOV or NOVPD will be a debt to the City and County of San Francisco that may become a lien against the property and/or may be enforced by any means available under the law. At any time following the issuance of an NOV, the Zoning Administrator may issue the Responsible Party a Notice of Additional Compliance Actions and Accrued Penalties requiring the Responsible Party or Parties to perform new or additional Compliance Actions and stating the total penalties accrued during the period covered by the notice. Upon a transfer of an interest in the property, the transferee shall be the Responsible Party for purposes of daily penalties accruing after the date of recordation of the transfer; however, if an NOV or NOVPD was not recorded as an Order of Abatement against title to the property prior to recordation of the transfer, the Zoning Administrator shall record an NOV against title to the property and may issue the transferee a Notice of Additional Compliance Actions stating the Compliance Actions required of the transferee where a penalty will be assessed against the property, and the transferee shall be given the opportunity to comply with said Notice prior to the accrual of further daily penalties.
(C) Penalties for Specified Violations.
(i) Alteration, Merger, Construction, or Demolition of Residential Units without a Permit. For any unpermitted alteration, merger, construction, or demolition of any building or structure containing one or more Residential Units, including work that takes place in violation of Section 317 of this Code, on or after March 1, 2023, resulting in the addition of more than three unauthorized Residential Units, or the loss of one or more Residential Units, (1) the owner of that building shall be required to apply for a replacement project under section 317 of this Code, and (2) the Responsible Party shall be liable for a penalty of up to $250,000 upon issuance of a Notice of Violation for each Residential Unit added or lost through such alteration, merger, or demolition. Within 12 months of the effective date of the ordinance in Board File No. 220878 amending this Section 176, the Planning Commission shall adopt factors and criteria for consideration, to be updated from time to time, to provide guidance to the Zoning Administrator when determining the appropriate penalty amount for violations subject to this subsection (c)(1)(C)(i).
(ii) Alteration or Damage to or Demolition of Historic Property. Whenever the alteration or demolition of a building or structure takes place in violation of this Code and the violation involves significant alteration or damage to or demolition of either a historic landmark, or contributor to one or more historic districts or conservation districts that are identified in the Appendices to Articles 10 and Article 11 of the Planning Code, or any property listed in the California Register of Historical Resources or the National Register of Historic Places, the Responsible Party shall be liable for an additional penalty of up to $500,000 upon issuance of a Notice of Violation for each structure that is significantly altered or demolished without the issuance of an alteration or demolition permit as required by applicable codes. Within 12 months of the effective date of the ordinance in Board File No. 220878 amending this Section 176, the Historic Preservation Commission shall adopt definitions for “significant alteration or damage” and “demolition” as those terms are applied in this Section 176(c)(1)(C)(ii), as well as relevant factors and criteria for consideration, to be updated from time to time, to provide guidance to the Zoning Administrator when determining the appropriate penalty amount for violations subject to this subsection (c)(1)(C)(ii).
(iii) Misrepresentations of Material Tenant Information on Development Application. For misrepresentation of material information within any Development Application or Building Permit involving a failure to disclose the presence of tenants or a misrepresentation of tenant history at a site, the Responsible Party shall be liable for a penalty of up to $150,000 upon issuance of an NOV. In determining the appropriate penalty amount, if any, the Zoning Administrator shall consider:
a. whether the misrepresentation was intentional, grossly negligent, or negligent;
b. the financial gain to the Responsible Party;
c. the degree to which the project would have been affected (including, for example, the number of project units affected);
d. the number and frequency of misrepresentations by the Responsible Party;
e. efforts made by the Responsible Party to correct the misrepresentation;
f. such other factors as the Zoning Administrator determines to be relevant, based on the particular facts and circumstances of the misrepresentation; and
g. such other factors as the Planning Commission determines to be relevant following a public hearing.
Within 12 months of the effective date of the ordinance in Board File No. 240803 amending this Section 176, the Planning Commission shall adopt any additional relevant factors and criteria for consideration, to be updated as necessary or appropriate from time to time, to provide guidance to the Zoning Administrator when determining the appropriate penalty amount for violations subject to this subsection (c)(1)(C)(iii).
(D) Hearings.
(i) Zoning Administrator Hearing. A Responsible Party or other party identified as a violator in an NOV or Notice of Additional Compliance Action And Accrued Penalties may appeal the NOV or Notice of Additional Compliance Action And Accrued Penalties by submitting a request, in writing, to the Zoning Administrator within 30 days of issuance of the NOV or Notice of Additional Compliance Action And Accrued Penalties. The hearing shall be conducted in the manner provided in this subsection (c)(1)(E)(i). An NOV or Notice of Additional Compliance Action And Accrued Penalties that is not timely appealed shall be final. Upon finality, an NOV, NOVPD, or Notice of Additional Compliance Action And Accrued Penalties in its original or reduced amount may be collected pursuant to subsection (f).
An appellant may request a Zoning Administrator’s hearing in order to show cause why the notice requiring the cessation, removal, or correction of the violation and any assessment of administrative penalties is in error and should be rescinded, or why any assessed penalties should be reduced. The Zoning Administrator may designate a member of Department staff to act as the hearing officer in the Zoning Administrator’s place. The Department shall send a notice of the date, hour, and place of the hearing to the appellant at the address specified in the request for hearing and to any member of the public who has expressed an interest in the matter.
Following the hearing, the Zoning Administrator or other hearing officer designated by the Zoning Administrator shall issue a NOVPD reflecting the Zoning Administrator’s determination of the NOV appeal, identifying all individuals liable for the violation(s), and including a description of all corrective actions required, and all administrative penalties due for such violation(s).
(ii) Direct Appeal to the Board of Appeals. The appellant may waive the right to a Zoning Administrator’s hearing and proceed directly to an appeal to the Board of Appeals under Section 308.2. Administrative penalties shall not accrue during the period of time that the matter is pending before the Zoning Administrator on a request for hearing or before the Board of Appeals on appeal, except that the accrual of penalties will not be tolled during the period of any continuance or request for extension of time in the proceeding before the Zoning Administrator or the Board of Appeals granted at the request of the Responsible Party.
(iii) Appeals. If any party listed in an NOVPD elects to appeal the NOVPD, such appeal shall be to the Board of Appeals.
(iv) Decision by the Zoning Administrator. The Zoning Administrator or the Zoning Administrator’s designee, after a full and fair consideration of the evidence and testimony received at the hearing, shall render within 30 days following the conclusion of the hearing a written decision that either rescinds the notice of violation and dismisses the proceedings, upholds the original decision, or modifies the original decision. In rendering a decision, including a determination regarding the amount of administrative penalties to be assessed, if any, the Zoning Administrator or the Zoning Administrator’s designee shall consider:
a. whether the Responsible Party or other appellant was properly identified;
b. whether the accrual dates for the daily administrative penalties are accurate;
c. the amount of documented staff time spent in order to secure abatement of the violation;
d. the nature of the violation;
e. the duration of the violation;
f. whether the violation was willful or intentional;
g. whether the violation resulted in a financial gain to one or more of the Responsible Parties;
h. efforts made by the Responsible Party to correct the violation;
i. the impact of the violation upon the community;
j. any instance in which the Responsible Party has been in violation of the same or similar laws at the same or other locations in the City and County of San Francisco;
k. the Responsible Party’s good faith efforts to comply;
l. whether the violation is easy to correct;
m. whether the violation of the Planning Code resulted in the displacement of one or more tenants;
n. whether the violations of the Planning Code created a nuisance, a public health hazard, or a dangerous condition on the affected property;
o. whether the violation is reversible;
p. such other factors as the Zoning Administrator or the Zoning Administrator’s designee may consider relevant; and
q. for penalties imposed under subsection (c)(1)(C), the foregoing factors are in addition to the factors and criteria set forth in that subsection.
(v) Appeal of Zoning Administrator Determination to the Board of Appeals. In hearing any appeal of the Zoning Administrator’s determination, the Board of Appeals shall consider the above factors. If the Board upholds the Zoning Administrator’s decision in whole or in part but reduces the amount of the daily penalty applicable under subsection (c)(1)(A), it may not reduce the amount of the penalty below $200 for each day that the violation exists, excluding the period of time that the matter has been pending either before the Zoning Administrator on a request for hearing or before the Board of Appeals on appeal. If the Board of Appeals upholds the Zoning Administrator’s decision in whole or in part with respect to the penalty applicable under subsection (c)(1)(C), but reduces the amount of such penalty, it may not reduce the amount of the penalty below $50,000 for each residential unit added or removed without authorization, or $100,000 for each historic landmark, or contributor to one or more historic districts or conservation districts that are identified in the Appendices to Articles 10 and Article 11 of the Planning Code, or property listed in the California Register of Historical Resources or the National Register of Historic Places, that is significantly damaged or altered, or demolished.
The provision of administrative penalties is intended to secure compliance with and deter violations of the Planning Code and to compensate the City for its costs of enforcement.
(vi) Order of Abatement. Upon the expiration of 90 days following the finality of an NOV, NOVPD, or Notice of Additional Compliance Actions and Accrued Penalties, the Department may record an Order of Abatement against the property's records in the Office of the Recorder of the City and County of San Francisco. The Department may also report any licensed professional responsible for the violation(s) to the appropriate local, state, or federal licensing boards. Within 14 business days after the violation has been finally abated and all restrictions imposed by the NOV or NOVPD have expired, the Department shall record a notice of compliance that cancels the order of abatement.
(2) Civil Penalties. Any individual, firm, partnership, corporation, company, association, society, group, or other person or legal entity that violates any provision of this Code shall be liable for the City’s costs of enforcement and a civil penalty of not less than $200 and not more than $1,000 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the People of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. For purposes of this Section 176, each real property address, each commercial or dwelling unit within a multi-unit real property address affected by a violation, and each separate violation of the Planning Code is a distinct violation for calculation of applicable civil penalties. The City, when it is the prevailing party, shall be awarded reasonable attorneys’ fees and costs, including but not limited to expert witness fees and costs of investigation incurred by the City in bringing such civil action. For civil actions to enforce Municipal Code provisions related to general advertising signs, the penalties, attorneys’ fees, and costs set forth in this Section 176 shall be in addition to those authorized by Section 610 of this Code.
In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to, the following:
(A) the nature and seriousness of the misconduct, including but not limited to whether the violation resulted in any public health or safety hazard, or a dangerous condition on the affected property, and the impact of the violation on the occupants of the property and the surrounding neighborhood;
(B) the number of violations;
(C) the persistence of the misconduct;
(D) the length of time over which the misconduct occurred;
(E) the willfulness of the misconduct;
(F) whether the violation of the Planning Code resulted in the displacement of one or more tenants;
(G) whether the violation is reversible;
(H) whether the violation damaged or demolished a historic landmark, or contributor to a historic district, identified in Appendix A to Articles 10 and 11 of the Planning Code, or any property listed in the California Register of Historical Resources or the National Register of Historic Places;
(I) the violator’s financial gain or opportunity for financial gain from the misconduct; and
(J) the defendant’s assets, liabilities, and net worth.
(3) Criminal Penalties. Any individual, firm, partnership, corporation, company, association, society, group, or other person or legal entity that violates any provision of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than $200 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(4) Planning Code Enforcement Fund. Any fees and penalties collected pursuant to this Section 176 except those collected pursuant to subsection (b)(5) shall be deposited in the Planning Code Enforcement Fund established by Administrative Code Section 10.100-166, and shall be used for the purposes specified in that section. The Planning Department, through the Planning Code Enforcement Fund, shall reimburse City departments and agencies, including the City Attorney’s Office, for all costs and fees incurred in the enforcement of this Section 176.
(5) Affordable Housing Enforcement Fund. Any fees and penalties described in subsection (c)(2) that are collected as a result of the enforcement efforts of MOHCD as provided in subsection (b)(5), shall be deposited in the Affordable Housing Enforcement Fund established by Administrative Code Section 10.100-10. MOHCD shall reimburse City departments and agencies, including the City Attorney’s Office, for all costs and fees incurred in the enforcement of this Section 176, from the Affordable Housing Enforcement Fund.
(d) Additional Methods of Enforcement and Penalties for Violation of Sign Regulations. Violation of the general advertising sign regulations set forth in Article 6 are subject to the administrative penalties and enforcement procedures set forth in Section 610 of this Code, in addition to those set forth in this Section 176.
(e) Failure to Pay Administrative Penalties. If the Responsible Party fails to pay the administrative penalties to the Department within 30 days of the date on which an NOVPD or Notice of Additional Compliance Actions And Accrued Penalties specifying such penalty amount becomes final, the Zoning Administrator may take such actions to collect the penalties and any unpaid Time and Materials owed to the Department as the Zoning Administrator deems appropriate, including (1) referral of the matter to the Bureau of Delinquent Revenue Collection under Chapter 10, Article V, Section 10.39 of the Administrative Code, (2) initiation of lien proceedings under Chapter 10, Article XX, Sections 10.230 et seq. of the Administrative Code, and (3) requesting that the City Attorney pursue collection of the penalties imposed against the Responsible Party in a civil action.
(f) Remedies Not Exclusive. Remedies under this Section 176 are non-exclusive, and, notwithstanding subsection (b)(2), the City Attorney may at any time institute civil proceedings for injunctive and monetary relief, including civil penalties, against any person for violations of the Planning Code, without regard to whether the Zoning Administrator has issued a notice of violation, instituted abatement proceedings, scheduled or held a hearing on a notice of violation, or issued a final decision. For proceedings instituted under this subsection (f), the City Attorney shall notify the Zoning Administrator or the Planning Director, as appropriate, and collaborate, where mutually desired, on the prosecution of the action.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 71-01, File No. 001391, App. 5/18/2001; Ord. 46-07, File No. 061539, App. 3/9/2007; Ord. 57-08, File No. 071651, App. 4/10/2008; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 60-16
, File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016; Ord. 155-22, File No. 220262, App. 7/21/2022, Eff. 8/21/2022; Ord. 40-23, File No. 220878, App. 3/28/2023, Eff. 4/28/2023; Ord. 64-24, File No. 231185, App. 3/28/2024, Eff. 4/28/2024; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)
AMENDMENT HISTORY
Division (c)(1) amended; Ord. 56-13
, Eff. 4/27/2013. Division (c)(1) amended; division (f) added; Ord. 60-16
, Oper. 6/1/2016. Divisions (a), (b)(1), (b)(3), (b)(4), (c)(1), (c)(1)(K), and (c)(2)-(c)(4) amended; divisions (b)(5) and (c)(5) added; Ord. 155-22, Eff. 8/21/2022. Divisions (b)(1), (b)(2), (c)(2), (c)(4), (e), and (f) amended; divisions (c)(1)- (c)(1)(K) amended as (c)(1)-(c)(1)(D)(vi); divisions (c)(2)(A)-(J) added; Ord. 40-23, Eff. 4/28/2023. Division (c)(1)(C)(i) amended; Ord. 64-24, Eff. 4/28/2024. Division (c)(1)(A) amended; divisions (c)(1)(C)(iii)-(iii)g. and subsequent undesignated division added; Ord. 170-25, Eff. 10/6/2025.
SEC. 177. LEGITIMIZATION OF CERTAIN MASSAGE ESTABLISHMENTS.
Section 177 established a time-limited program whereby existing Massage Establishments that have operated without required permits may seek those permits. Pursuant to its terms, this program sunsetted on December 27, 2016, 18 months after its effective date of June 27, 2015.
AMENDMENT HISTORY
SEC. 178. CONDITIONAL USES.
(See Interpretations related to this Section.)
The following provisions shall apply to conditional uses:
(a) Definition. For the purposes of this Section, a permitted conditional use shall refer to:
(1) Any use or feature authorized as a conditional use pursuant to Article 3 of this Code, provided that such use or feature was established within the time limits specified as a Condition of Approval or, if no time limit was specified, within a reasonable time from the date of authorization; or
(2) Any use or feature that is classified as a conditional use in the district in which it is located and that lawfully existed either on the effective date of this Code, or on the effective date of any amendment imposing new conditional use requirements upon such use or feature; or
(3) Any use deemed to be a permitted conditional use pursuant to Section 179 of this Code.
(b) Continuation. Except as provided for temporary uses in Section 205 of this Code, and except where time limits are otherwise specified as a Condition of Approval, any permitted conditional use may continue in the form in which it was authorized, or in the form in which it lawfully existed either on the effective date of this Code or the effective date of any amendment imposing new conditional use requirements upon such use or feature, unless otherwise provided in this Section or in Article 2 of this Code.
(c) Enlargement, Alteration, or Intensification.
(1) A permitted conditional use may not be significantly altered, enlarged, or intensified, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code.
(2) Internet Services Exchange. With regard to an Internet Services Exchange as defined in Section 102, any physical alteration that will enlarge or expand the building for the purpose of intensifying the use shall be deemed to be significant under this Section, and any increase in the size of electrical service to the building that will require a permit from the Department of Building Inspection shall be deemed to be significant under this Section.
(3) Formula Retail. With regard to Formula Retail uses, a change of owner or operator of a Formula Retail establishment is determined to be an intensification of use and a new Conditional Use authorization shall be required if one or more of the following occurs:
(A) A change of use from one use to another, including but not limited to a change from one use to another within the use category Retail Sales and Service, and within the sub-categories of uses in the definition of General Retail Sales and Service in Section 102 and Other Retail Sales and Service in and Section 890.102 of this Code;
(B) Expansion of use size;
(C) Change to a Formula Retail establishment that has more locations than the existing Formula Retail establishment;
(D) Installation of a commercial kitchen, including but not limited to: ovens, open ranges or stoves, fryers, oven hoods or kitchen ventilation systems, heating stations, steam tables or cabinets, cold food storage, increased food preparation areas or self-service drink dispensers.
(4) Power Plant. A Power Plant use, as defined in Section 102, shall, whether nonconforming or conditionally permitted, require conditional use authorization in order to enlarge, intensify, or extend the use if such changes would expand a power plant use, make it more permanent, or substantially change the use. An intensification of use shall include the following changes, without limitation and in addition to the criteria set forth in Article 1.7 of the Planning Code:
(A) An increase in output capability by more than 10 percent (either an increase in capacity or increase in planned or permitted output per year);
(B) A change in type of fuel;
(C) A greater than 5 percent increase in the volume of monthly discharge of waste water into the sewer or into the San Francisco Bay, or an increase in the temperature of existing waste water discharges into the San Francisco Bay;
(D) Any increase greater than 5 percent in the emission rate or the total annual tons of emission for particulate precursors, ozone precursors or greenhouse gases;
(E) A greater than 5 percent increase in the volume of regulated substances used on site on a monthly basis, or in the volume of regulated substances stored on site or in the volume of regulated substances transported to the site on a monthly basis; or
(F) Improvements to any power generation unit costing more than 25 percent of the assessed value of the same unit prior to improvement.
(d) Abandonment. A permitted conditional use that is discontinued for a period of three years, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code. For purposes of this subsection (d), the period of nonuse for a permitted conditional use to be deemed discontinued in the Castro Street Neighborhood Commercial District and the Jackson Square Special Use District shall be 18 months.
A permitted conditional Formula Retail use which is discontinued for a period of 18 months, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to Article 3 of this Code.
(e) Changes in Use. The following provisions shall apply to permitted conditional uses with respect to changes in use, except as further limited by the change of use procedures for Formula Retail uses set forth in Section 303.1 of this Code.
(1) A permitted conditional use may be changed to another use listed in Section 102 and Articles 7 or 8 of this Code as a principal use for the district in which it is located and the new use may thereafter be continued as a permitted principal use.
(2) A permitted conditional use may be changed to another use listed in Section 102 and Articles 7 or 8 of this Code as a conditional use for the district in which the property is located, subject to the other applicable provisions of this Code, only upon approval of a new conditional use application, pursuant to the provisions of Article 3 of this Code.
(3) A permitted conditional use may not be changed to another use not permitted or prohibited by the Zoning Control Table for the district in which the lot is located. If a permitted conditional use has been wrongfully changed to another use in violation of the foregoing provisions and the violation is not immediately corrected when required by the Zoning Administrator, the wrongful change shall be deemed to be a discontinuance or abandonment of the permitted conditional use.
(4) Once a permitted conditional use has been changed to a principal use permitted in the district in which the property is located, or brought closer in any other manner to conformity with the use limitations of this Code, the use of the property may not thereafter be returned to its former permitted conditional use status, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code.
(f) Notwithstanding the foregoing provisions of this Section 178, a structure occupied by a permitted conditional use that is damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition and use without the approval of a new conditional use application, provided that such restoration is permitted by the Building Code, and is started within 18 months and diligently pursued to completion. Except as provided in Subsection (g) below, no structure occupied by a permitted conditional use that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code.
(g) None of the provisions of this Section 178 shall be construed to prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety, and where the proposed measures have been declared necessary, by such official, to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section.
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 198-00, File No. 993231, App. 8/18/2000; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 245-08, File No. 080696; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 204-19, File No. 190731, App. 8/9/2019, Eff. 9/9/2019; Ord. 62-25, File No. 250101, App. 5/1/2025, Eff. 6/1/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025)
AMENDMENT HISTORY
Division (d) amended; Ord. 75-12
, Eff. 5/23/2012. Division (f) amended; Ord. 56-13
, Eff. 4/27/2013. Former division (c) divided into current divisions (c)(1) and (2); division (c)(3) added; divisions (d) and (e) amended; Ord. 235-14
, Eff. 12/26/2014. Divisions (a)(1), (b), (c), (c)(2), and (c)(3) amended; division (c)(4) added; divisions (d), (e)(1)-(3), and (g) amended; Ord. 22-15, Eff. 3/22/2015. Division (c)(3)(A) amended; Ord. 129-17, Eff. 7/30/2017. Division (d) amended; Ord. 47-18, Eff. 4/16/2018. Division (d) amended; Ord. 204-19, Eff. 9/9/2019. Division (c)(3)(E) deleted; Ord. 62-25, Eff. 6/1/2025. Divisions (e)(5) and (e)(6) deleted; Ord. 173-25, Eff. 10/6/2025.
SEC. 179. USES LOCATED IN NEIGHBORHOOD COMMERCIAL DISTRICTS.
The following provisions shall govern with respect to uses and features located in Neighborhood Commercial Districts to the extent that there is a conflict between the provisions of this Section and other sections contained in this Article 1.7.
(a) Permitted Uses.
(1) Any use or feature in a Neighborhood Commercial District which lawfully existed on the effective date of Ordinance No. 69-87 which is classified as a principal use by the enactment of Ordinance No. 69-87 is hereby deemed to be a permitted principal use.
(2) Any use or feature in a Neighborhood Commercial District which lawfully existed on the effective date of Ordinance No. 69-87 which is classified as a conditional use by the enactment of Ordinance No. 69-87 is deemed to be a permitted conditional use, subject to the provisions of Section 178 of this Code.
(3) Any use or feature in a Neighborhood Commercial District which lawfully existed on the effective date of Ordinance No. 69-87 and which use or feature is not permitted by the enactment of Ordinance No. 69-87 is hereby deemed to be a nonconforming use subject to the provisions of Sections 180 through 186.1 of this Code.
(4) Any use or feature in a Neighborhood Commercial District which was nonconforming under Section 180 of this Code prior to the effective date of Ordinance No. 69-87, which is classified as a principal use by the enactment of Ordinance No. 69-87, is deemed to be a permitted principal use.
(5) Any use or feature in a Neighborhood Commercial District which was nonconforming under Section 180 of this Code prior to the effective date of Ordinance No. 69-87, which is classified as a conditional use by the enactment of Ordinance No. 69-87, is deemed to be a permitted conditional use, subject to the provisions of Section 178 of this Code.
(6) Any use or feature in a Neighborhood Commercial District which was nonconforming under Section 180 of this Code prior to the effective date of Ordinance No. 69-87, which continues to be not permitted by operation of Ordinance No. 69-87, shall still be classified as a nonconforming use, subject to the provisions of Sections 180 through 183 of this Code.
(7) Any use or feature in a Neighborhood Commercial District which existed on the effective date of Ordinance No. 69-87 but for which the required permits had not been obtained shall be deemed to be a permitted principal use, permitted conditional use, or nonconforming use, only if the use or feature complies with all conditions prescribed in Subsections (b), (c), (d), (e), (f), or (g) below; otherwise the use or feature shall be in violation of this Code subject to the provisions of Section 176 of this Code.
(b) Any use located in a Neighborhood Commercial District, which use existed on the effective date of Ordinance No. 69-87, but for which the required permits had not been obtained, and which use is permitted as a principal use by the enactment of Ordinance No. 69-87, will be deemed to be a permitted principal use if:
(1) An application is filed for all permits necessary to bring the use into compliance with applicable codes; and
(2) All necessary permits are granted; and
(3) All work which is required for Code compliance under all applicable Codes is substantially completed.
(c) Any use located in a Neighborhood Commercial District, which use was in existence on the effective date of Ordinance No. 69-87 and was permitted as a principal use at the time the use was established, but for which the required permits had not been obtained, and which use is permitted as a conditional use by the enactment of Ordinance No. 69-87, will be deemed to be a conditional use if:
(1) An application is filed for all permits necessary to bring the use into compliance with applicable codes; and
(2) All necessary permits are granted; and
(3) All work which is required for Code compliance under all applicable Codes is substantially completed.
(d) Any use located in a Neighborhood Commercial District, which use would have been deemed a permitted principal use at the time it was established but had not obtained the required permits and was on the effective date of Ordinance No. 69-87, but which use is not a permitted use by the enactment of Ordinance No. 69-87, will be deemed to be a nonconforming use if:
(1) Applications are filed for all permits necessary to bring the use into compliance with applicable codes within three years of the effective date of this amendment to Ordinance No. 69-87; and
(2) All work which is required for Code compliance under all applicable Codes is completed, including the issuance of a Certificate of Final Completion from the Bureau of Building Inspection, within three years of the effective date of this amendment to Ordinance No. 69-87.
(3) The time for completion of all work required for compliance with all applicable codes may be extended an additional one year should delays be caused by a government agency or by legal action.
(e) Any use located in a Neighborhood Commercial District, which use was in existence on the effective date of Ordinance No. 69-87 and was permitted as a conditional use at the time the use was established, but for which the required permits had not been obtained, and which use is permitted as a conditional use by the enactment of Ordinance No. 69-87, will be deemed to be a conditional use if:
(1) An application for conditional use authorization is filed pursuant to the provisions of Article 3 of this Code and if an application(s) is filed for all other permits necessary to bring the use into compliance with applicable codes; and
(2) The conditional use is authorized and all other necessary permits are granted; and
(3) All work which is required for Code compliance under all applicable Codes is substantially completed.
(f) Any use located in a Neighborhood Commercial District, which use was a conditional use at the time it was established but for which the required conditional use authorization and permits had not been obtained and which was in existence on the effective date of Ordinance No. 69-87, will be deemed a nonconforming use if:
(1) An application for conditional use authorization is filed pursuant to the provisions of Article 3 of this Code and if an application(s) is/are filed for all other permits necessary to bring the use into compliance with applicable codes within three years of the effective date of this amendment to Ordinance No. 69-87; and
(2) All work which is required for Code compliance under all applicable Codes is completed within one year of the date of authorization of conditional use, but no later than December 31st of the third year of the effective date of this amendment to Ordinance No. 69-87; and
(3) The time for completion of all work required for compliance with all applicable codes may be extended for an additional one year should delays be caused by a government agency or by legal action.
(g) Any use located in a Neighborhood Commercial District, which use existed on the effective date of Ordinance No. 69-87 and was not permitted at the time the use was established, and which use is permitted as a conditional use by the enactment of Ordinance No. 69-87, will be deemed to be a conditional use if:
(1) An application for conditional use authorization is filed pursuant to the provisions of Article 3 of this Code and if an application(s) is filed for all other permits necessary to bring the use into compliance with applicable codes; and
(2) The conditional use is authorized and all other necessary permits are granted; and
(3) All work which is required for Code compliance under all applicable Codes is substantially completed.
(h) Any use located in a Neighborhood Commercial District, which use existed on the effective date of Ordinance No. 69-87 and was not permitted at the time the use was established, and which use is not permitted by the enactment of Ordinance No. 69-87, shall be in violation of this Code, subject to the provisions of Section 176 of this Code.
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 37-92, App. 2/3/92)
SEC. 179.1. LEGITIMIZATION OF USES LOCATED IN THE EASTERN NEIGHBORHOODS.
(See Interpretations related to this Section.)
(a) Intent. As a result of the Eastern Neighborhoods Zoning Controls, certain land uses that were previously permitted, particularly office and housing, are no longer permitted. The purpose of this Section is to establish a time-limited program wherein existing uses that have operated without the benefit of required permits may seek those permits. Uses that could be "legitimized" under this Section are those uses which, under the current provisions of this Code and without this Section, could not otherwise seek the required permits.
(b) Applicability.
(1) Geography. This Section shall apply only to property located in the Eastern Neighborhoods Mixed Use Districts, the SLI District, or any PDR District which is located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 423.3. This Section shall not apply to any Live/Work use as defined in Section 102.
(2) Eligibility. Any use that is the subject of an application under this Section shall be one that is determined by the Zoning Administrator as one which:
(A) exists as of the date of the application;
(B) would have been principally permitted or permitted with Conditional Use authorization under provisions of the Planning Code that were effective on April 17, 2008;
(C) would not be permitted under current provisions of this Code;
(D) is a land use that either:
(i) has been regularly operating or functioning on a continuous basis for no less than 2 years prior to the effective date of this Section; or
(ii) has been functioning in the space since at least April 17, 2008, and is associated with an organization, entity or enterprise which has been located in this space on a continuous basis for no less than 2 years prior to the effective date of this Section;
(E) is not accessory to any other use; and
(F) is not discontinued and abandoned pursuant to the provisions of Section 183 that would otherwise apply to nonconforming uses.
(3) Sunset. All applications for a determination of eligibility under Subsection (d) must be received by the Zoning Administrator on or before November 12, 2012. If the Planning Department fails to timely issue notice pursuant to Subsection (c), the Zoning Administrator may extend this termination date for an additional period of time not to exceed the number of days that the Department delayed in issuing the notice. An applicant who has received a determination of eligibility must submit to the Department all required application materials for legitimization within 90 days of the date of issuance of the determination of eligibility and diligently pursue the legitimization process until completion. For purposes of this section, "diligently pursue" shall mean timely responding to all requests for additional information from the Department or other City agency reviewing the matter and timely applying for and pursuing all permits and other approvals required to legitimize the use. Failure to do so may result in the Zoning Administrator's revocation of the legitimization letter.
(c) Notification of Program Availability. Within 90 days of the effective date of this Section, the Planning Department shall cause notice to be mailed to all owners of property to which this Section applies. Such notification shall consist of an explanation of this program and application instructions and any other relevant information determined by the Zoning Administrator.
(d) Application for Eligibility. An application under this Section may include multiple tenancies and/or uses on a property; however, only one application may be made per parcel for the duration of the program. Such application may not involve any expansion or intensification of the use in question. Any proposed expansion or intensification must be made under separate application and is subject to all current provisions of this Code.
Any application under this Subsection shall be accompanied by the following materials:
(1) floor plans for the entire building along with specific demarcation of the space proposed for legitimization;
(2) evidence supporting the findings required under Subsection (b)(2) above. Such evidence may include but is not necessarily limited to the following: rental or lease agreements, building or other permits, utility records, business licenses, or tax records; and
(3) notification materials, including a list of all property owners within 300 feet of the subject property, as set forth in Section 306.3(a)(2) and, to the extent practical, a complete list of all current occupants of the subject property.
(e) Determination of Eligibility. The Zoning Administrator shall determine compliance with the criteria set forth in Subsection (b)(2), above, through a written decision. No less than 30 days prior to making a determination, the Zoning Administrator shall mail and post a notice of intent to render a determination as set forth below so that parties other than the applicant are afforded the opportunity to present information which may have bearing on the determination:
(1) By mailing notice to owners within 300 feet of the property in question as set forth in Section 306.3(a)(2);
(2) by mailing notice to current tenants of the subject property using materials submitted pursuant to Section (d)(3), above;
(3) by mailing notice to all individuals or neighborhood organizations having made written request for notification for either (i) applications under this Section or (ii) specific properties or areas; and
(4) by posting a notice on the subject property as set forth in Section 306.8.
(f) Application to Legitimize. Uses that are determined to be in compliance with the criteria of Subsection (b)(2), above, shall be governed as set forth below. Unless specifically stated by the Planning Commission in the case of a Conditional Use authorization, approval of any application under this Subsection shall be deemed to authorize all aspects of the use and portions of the structure housing the use under the Planning Code. Those portions of the use or structure that do not comply with current provisions of this Code shall be deemed nonconforming uses or noncomplying structures under Article 1.7 of this Code. Action under this Subsection in no way shall affect the applicability of relevant portions of the Building Code
or other portions of the Municipal Code.
(1) Those uses which, under the provisions of this Code that were applicable on April 17, 2008, would have either: (i) required Conditional Use authorization pursuant to Section 303 or (ii) been principally permitted but required an allocation of office space of less than 50,000 gross square feet under the Annual Limit pursuant to Section 321(b)(4), may seek such authorization pursuant to all requirements of the applicable Section.
(2) Those uses which, under the provisions of this Code that were applicable on April 17, 2008, were principally permitted may seek a building permit in order to legally establish the use. Upon the Department's determination that the application is consistent with the enabling Zoning Administrator's decision, the Planning Department shall approve such permit.
(3) Those uses which, under the provisions of this Code that were applicable on April 17, 2008, would have required an allocation of office space of 50,000 or more gross square feet under the Annual Limit, may seek such authorization pursuant to the requirements of Section 321; however, no application may be acted on by the Planning Commission until the termination date of the application period set forth in Subsection (b)(3), above. After that time, Planning Department staff shall take all reasonable steps to schedule pending eligible applications for Planning Commission review based on the order in which a project's determination of eligibility was issued. Nothing in this Section shall preclude the Director of Planning, based on the demand for participation in this program, from limiting the number of projects that appear before the Planning Commission in a given period of time.
(g) Fee Amount. Any use authorized under Subsection (f) above shall, in addition to any applicable application fees, pay for the area being legitimized the following impact fees:
(1) If the use is legitimizing as Office, (as defined in Sec. 102)
(A) If the project is subject to the Transit Impact Development Fee (as defined in Section 411), a $2.00/gross square foot Transit Impact Development Fee.
(B) If the project is subject to the Jobs-Housing Linkage Fee (as defined in Section 413), an $8.50/gross square foot Jobs-Housing Linkage Fee.
(C) No Eastern Neighborhoods Impact Fees shall be charged.
(2) If the use is legitimizing as Retail or Entertainment (as defined in Section 401)
(A) If the project is subject to the Transit Impact Development Fee (as defined in Section 411), a $2.00/gross square foot Transit Impact Development Fee.
(B) If the project is subject to the Jobs-Housing Linkage Fee (as described in Sec. 413), a $7.20/gross square foot Jobs-Housing Linkage Fee.
(C) No Eastern Neighborhoods Impact Fees shall be charged.
(h) Fee Payment. Fees shall be paid upon issuance of the first construction permit (as defined in Sec. 401) or if an applicant has elected to participate in a deferred payment program, as specified below:
(1) Prior to issuance by DBI of the first construction permit, at least 20% of applicable fees are due. Henceforth, at least 20% of applicable fees are due by July 1st of each subsequent calendar year, such that final payment must be made within four years of receiving the first building or site permit.
(2) The applicant may elect to pay any outstanding balance at any time within these four years.
(3) A Notice of Special Restrictions shall be placed on the title of the property specifying that additional payment is required. This Notice of Special Restrictions shall be released when payment is complete.
(4) All outstanding fees will be adjusted annually based on the cost of living as defined by the Controller's Office.
(5) The Department may assess an additional fee for time and materials spent implementing this deferred fee program.
(6) Failure to comply with the terms of the program and associated NSR as specified in this Subsection shall be deemed a violation of this Code and result in an enforcement action by the Department, which may include, referral to the Bureau of Delinquent Revenue and a lien on the subject property. Any enforcement action also may result in additional charges or penalties to cover the City's costs in the enforcement action, including, but not limited to City Attorney's fees.
AMENDMENT HISTORY
Division (b)(3) amended; Ord. 61-12, Eff. 5/19/2012. Division (b)(1) amended; former divisions (b)(2)(D)(1) and (2) redesignated as (b)(2)(D)(i) and (ii); divisions (f) and (g)(1) amended; former division (g)(2) deleted and former division (g)(3) redesignated as (g)(2); division (h) amended; Ord. 22-15, Eff. 3/22/2015. Former division (g)(4) redesignated as (g)(3); Ord. 188-15
, Eff. 12/4/2015.
SEC. 180. NONCONFORMING USES, NONCOMPLYING STRUCTURES AND SUBSTANDARD LOTS OF RECORD: GENERAL.
(See Interpretations related to this Section.)
The following provisions shall apply to nonconforming uses, noncomplying structures and substandard lots of record:
(a) Definitions. Such uses, structures and lots are hereby defined as follows:
(1) A "nonconforming use" is a use which existed lawfully at the effective date of this Code, or of amendments thereto, or a live/work unit which existed on the effective date of Ordinance No. 412-88 (effective October 10, 1988) (other than a live/work unit wholly or partly occupying space whose legal occupancy under the Building Code was then limited to a residential occupancy) and which fails to conform to one or more of the use limitations under Articles 2, 6, 7 and 8 of this Code that then became applicable for the district in which the property is located.
(2) A "noncomplying structure" is a structure which existed lawfully at the effective date of this Code, or of amendments thereto, and which fails to comply with one or more of the regulations for structures, including requirements for off-street parking and loading, under Articles 1.2, 1.5, 2.5, 6, 7 and 8 of this Code, that then became applicable to the property on which the structure is located.
(3) A "substandard lot of record" is a lot which existed lawfully at the effective date of any requirement of this Code applicable thereto for minimum lot width or area (on December 26, 1946, or through subsequent amendments), and which fails to meet one or more of such requirements. Any lot existing and recorded as a separate parcel in the office of the Assessor or the Recorder at such effective date shall be deemed to be a lot of record under this Code as of such date. Any lot created by merger of such existing lots of record or parts thereof in such a manner as to establish a lesser number of lots, each having an increased area with no reduction in width, or an increased width with no reduction in area, or both an increased area and an increased width, shall also be deemed to be a lot of record under this Code as of the date of such merger.
(b) Timely Compliance with the Code. Such uses, structures and lots, in failing to meet applicable requirements of this Code, are incompatible with the purposes of this Code and with other uses, structures and lots in the City, and it is intended that these uses, structures and lots shall be brought into compliance with this Code as quickly as the fair interests of the parties will permit.
(c) Continuation of Nonconforming Uses, Structures, and Lots. Notwithstanding any other provision of this Code, such uses, structures and lots may be continued, except as otherwise provided in Sections 180 through 189, and subject to the limitations of this Article 1.7.
(d) Change in Ownership. A mere change of title or possession or right of possession of property, without any other change that is relevant to the restrictions of this Code, shall not terminate the status of a nonconforming use, noncomplying structure or substandard lot of record.
(e) Lawfully Existing Structures and Uses. Any structure or use for which a permit was lawfully granted prior to May 2, 1960, pursuant to the Planning Code provisions in effect on that date, and which was thereafter commenced and completed in accordance with such provisions, shall be deemed to have been a lawfully existing structure or use on that date. Any structure or use for which a permit has been lawfully granted pursuant to the provisions of this Code relating to amendments, and which has thereafter been commenced and completed in accordance with such provisions, shall be deemed to be a lawfully existing structure or use at the time of the amendment that causes it to become a noncomplying structure or a nonconforming use.
(f) Compliance with Other Requirements of the Planning Code. Except as specifically provided in this Code to the contrary, every nonconforming use, noncomplying structure and substandard lot of record shall comply with the applicable requirements of this Code, other than those requirements from which such uses, structures and lots are exempted by this Section 180.
(g) Nonconforming Signs. Section 606(c) and other provisions of Article 6 of this Code shall regulate the signs permitted for nonconforming uses. In addition, signs which are themselves classified as nonconforming uses and noncomplying structures under this Code shall be governed by Section 604 and other provisions of Article 6 of this Code.
(h) Preserving Dwelling Units. If the administrative record regarding a nonconforming unit does not provide conclusive evidence that the unit is illegal, it shall be presumed to be a legal nonconforming unit.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014)
AMENDMENT HISTORY
SEC. 181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION.
(See Interpretations related to this Section.)
The following provisions shall apply to nonconforming uses with respect to enlargements, alterations and reconstruction:
(a) Increases in Nonconformity. A nonconforming use, and any structure occupied by such use, shall not be enlarged, intensified, extended, or moved to another location, with the exception of the construction of a mezzanine within a Live/Work Unit and expansion of Dwelling Units in PDR Districts, unless the result will be elimination of the nonconforming use, except as provided below and in Section 186.1 of this Code. A nonconforming use shall not be extended to occupy additional space in a structure, or additional land outside a structure, or space in another structure, or to displace any other use, except as provided in Sections 182 and 186.1 of this Code.
(b) Permitted Alterations. A structure occupied by a nonconforming use shall not be constructed, reconstructed or altered, unless the result will be elimination of the nonconforming use, except as provided in Section 186.1 of this Code and in Subsections (a) above and (d), (e), (f), (g), (h) and (i) below, and except as follows:
(1) Ordinary maintenance and minor repairs shall be permitted where necessary to keep the structure in sound condition, as well as minor alterations, where such work is limited to replacement of existing materials with similar materials placed in a similar manner.
(2) Minor alterations shall be permitted where ordered by an appropriate public official to correct immediate hazards to health or safety, or to carry out newly enacted retroactive requirements essential to health or safety.
(3) Alterations otherwise allowed by this Code shall be permitted for any portion of the structure that will not thereafter be occupied by the nonconforming use, provided the nonconforming use is not enlarged, intensified, extended, or moved to another location.
(4) All other alterations of a structural nature shall be permitted only to the extent that the aggregate total cost of such other structural alterations, as estimated by the Department of Building Inspection, is less than ½ of the assessed valuation of the improvements prior to the first such alteration, except that structural alterations required to reinforce the structure to meet the standards for seismic loads and forces of the Building Code shall be permitted without regard to cost.
(c) Dwellings Nonconforming as to Density.
(1) A Dwelling or other housing structure exceeding the permitted density of Dwelling Units or other housing units set forth in the Zoning Control Table for the district in which the lot is located shall be classified as a nonconforming use under Section 180 of this Code, but only to the extent that such Dwelling or other housing structure exceeds the permitted density.
(2) In districts where a Dwelling Unit is a Principally Permitted use, this Section 181 shall not apply with respect to enlargements, alterations and reconstruction of the nonconforming portion of such Dwelling or other housing structure, consisting of those Dwelling Units or other housing units that exceed the permitted density, so long as such enlargements, alterations, or reconstruction do not otherwise extend beyond the building envelope as it existed on January 1, 2013.
(3) No enlargements, alterations, or reconstruction shall be permitted under subsection (c)(2) for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through 37.9(a)(14) where the tenant was served with the notice of eviction after December 10, 2013 if the notice was served within ten (10) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. Additionally, no such enlargements, alterations, or reconstruction shall be permitted for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. This subsection (c)(3) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant’s right to reoccupy the unit after the temporary eviction and that the tenant chose not to reoccupy it.
(4) Any Dwelling Unit or other housing unit coming within the density limit shall not be affected by this Section 181. Except as provided in Sections 181(h) and 182(e), no Dwelling or other housing structure exceeding the permitted density of Dwelling Units or other housing units shall be altered to increase the number of Dwelling Units or other housing units therein, or to increase or create any other nonconformity with respect to the Dwelling Unit or other housing unit density limitations identified in the Zoning Control Table for the district in which the lot is located.
(d) Structures Damaged or Destroyed by Calamity. Notwithstanding the foregoing provisions of this Section 181, a structure occupied by a nonconforming use that is damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition and use; provided that such restoration is permitted by the Building Code, and is started within eighteen months and diligently prosecuted to completion. The age of such a structure for the purposes of Sections 184 and 185 shall nevertheless be computed from the date of the original construction of the structure. Except as provided in Subsection (e) below, no structure occupied by a nonconforming use that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except in full conformity with the use limitations of this Code.
For purposes of this Subsection (d), "started within eighteen months" shall mean that within eighteen months of the fire or other calamity or Act of God, the structure's owner shall have filed a building permit application to restore the structure to its former condition and use.
(e) Unreinforced Masonry Buildings. In order that major life safety hazards in structures may be eliminated as expeditiously as possible, a structure containing nonconforming uses and constructed of unreinforced masonry that is inconsistent with the requirements of the UMB Seismic Retrofit Ordinance, Ordinance No. 227-92, may be demolished and reconstructed with the same nonconforming use or a use as permitted by Planning Code Section 182; provided that:
(1) there is no increase in any nonconformity, or any new nonconformity, with respect to the use limitations of this Code;
(2) the current requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met; and
(3) such restoration or reconstruction is started within one year after razing or other demolition work on the structure and diligently prosecuted to completion.
(f) Nighttime Entertainment Uses in MUG and MUR Districts. A Nighttime Entertainment use within the MUG or MUR Districts may be enlarged, intensified, extended, or expanded, including the expansion to an adjacent lot or lots, provided that: (1) the enlargement, intensification, extension or expansion is approved as a Conditional Use pursuant to Section 303 of this Code; (2) the use as a whole meets the signage requirements, floor area ratio limit, height and bulk limit, and all other requirements of this Code that would apply if the use were a permitted one; and (3) the provisions of the Entertainment Commission’s Good Neighbor Policy are satisfied.
(g) Automotive Sales and Service Signs in the Automotive Special Use District. Automotive sales and service signs within the Automotive Special Use District which have all required permits but which do not comply with the controls for new signs established in Section 607.3 of this Code shall be permitted to remain as nonconforming uses and shall be permitted to modify the signage text to describe new automobile ownerships and dealerships that may occur from time to time.
(h) Dwellings in PDR and M-2 Districts. In PDR and M-2 Districts, no building containing a residential use shall be altered to increase the number of dwelling units or other housing units therein. However, individual dwelling units or other housing units may be expanded, subject to height, bulk, and all other provisions of this Code which would otherwise be applicable to dwelling units or other housing units in the Urban Mixed Use District.
(i) Nonconforming Non-Residential Uses in the Eastern Neighborhoods Mixed Use, PDR-1-D, and PDR-1-G Districts. In the Eastern Neighborhoods Mixed Use, PDR-1-D, and PDR-1-G Districts, a non-residential nonconforming use may expand in gross floor area by no more than 25 percent with conditional use authorization pursuant to Section 303 of this Code. Such conditional use authorization may not be granted for any subsequent or additional expansion beyond the initial 25 percent.
(j) In the PDR-1-D, PDR-1-G, and PDR-2 Districts, a storage building for household goods shall be allowed to rebuild to its current square footage, as long as it provides at least one FAR of PDR uses, as defined in Section 401. A Notice of Special Restriction (NSR) shall be recorded on the title of any property receiving approval under this Section. This NSR shall provide the Planning Department with the ability to enforce the provisions of this Section.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 79-89, App. 3/24/89; Ord. 75-90, App. 3/5/90; Ord. 115-90, App. 4/6/90; Ord. 227-92, App. 7/14/92; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 224-11
, File No. 110590, App. 11/15/2011, Eff. 12/15/2011; Ord. 286-13
, File No. 130783, App. 12/26/2013, Eff. 1/25/2014; Ord. 71-14
, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
AMENDMENT HISTORY
Division (d) amended; Ord. 224-11
, Eff. 12/15/2011. Division headers added throughout section; divisions (a), (b), and (b)(4) amended; division (c) divided into subdivisions (1) through (4) and amended; divisions (e) and (h) amended; Ord. 286-13
, Eff. 1/25/2014. Division (j) added; Ord. 71-14
, Eff. 6/22/2014. Divisions (c)(1) and (c)(4) amended; Ord. 22-15, Eff. 3/22/2015. Division (f) amended; Ord. 296-18, Eff. 1/12/2019. Division (f) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (c)(2) and (c)(3) amended; Ord. 136-21, Eff. 9/4/2021. Division (f) amended; Ord. 70-23, Eff. 6/3/2023.
SEC. 182. NONCONFORMING USES: CHANGES OF USE.
(See Interpretations related to this Section.)
The following provisions shall apply to nonconforming uses with respect to changes of use:
(a) A nonconforming use shall not be changed or modified so as to increase the degree of nonconformity under the use limitations of this Code, with respect to the type of use or its intensity except as provided in Section 181 for Nighttime Entertainment uses within the MUG, or MUR Districts. The degree of nonconformity shall be deemed to be increased if the new or modified use is less widely permitted by the use districts of the City than the nonconforming use existing immediately prior thereto. For purposes of this Section, intensification of a Formula Retail use as defined in Section 178(c) is determined to be a change or modification that increases the degree of nonconformity of the use.
(b) Except as limited in this subsection, a nonconforming use may be reduced in size, extent or intensity, or changed to a use that is more widely permitted by the use districts of the City than the existing use, subject to the other applicable provisions of this Code. Except as otherwise provided herein, the new use shall still be classified as a nonconforming use.
(1) Nonconforming Commercial and Industrial uses in a Residential or Residential Enclave District shall be subject to the requirements of Section 186.
(2) A nonconforming use in a Neighborhood Commercial District may be changed to another use as provided in Subsections (c) and (d) below or as provided in Section 186.1 of this Code.
(c) A nonconforming use may be changed to a use listed as a conditional use for the district in which the property is located, only upon approval of a Conditional Use application pursuant to the provisions of Article 3 of this Code, and the new use may thereafter be continued as a permitted conditional use, subject to the limitation of Section 178(b) of this Code.
(d) A nonconforming use may be changed to a use listed as a principal use for the district in which the property is located, subject to the other applicable provisions of this Code, and the new use may thereafter be continued as a permitted principal use.
(e) A nonconforming use may be converted to a Dwelling Unit and to two or more Dwelling Units with Conditional Use authorization, in a district where such use is principally permitted, without regard to the requirements of this Code with respect to residential density or required off-street parking, and the Zoning Administrator may provide relief from certain other standards specified in Section 307(h) through the procedures of that Section, provided the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location, and provided further that the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met.
(f) Once a nonconforming use has been changed to a principal or Conditional Use permitted in the district in which the property is located, or brought closer in any other manner to conformity with the use limitations of this Code, the use of the property may not thereafter be returned to its former nonconforming status. Upon restoration of a previous nonconforming use as permitted above, any modification, enlargement, extension, or change of use, from circumstances that last lawfully existed prior to the change from office use, shall be subject to the provisions of this Article, and the restored nonconforming use shall be considered to have existed continuously since its original establishment, prior to the change to Office use, for purposes of this Article.
(g) If a nonconforming use has been wrongfully changed to another use in violation of any of the foregoing provisions, and the violation is not immediately corrected when required by the Zoning Administrator, the wrongful change shall be deemed to be a discontinuance or abandonment of the nonconforming use under Section 183 of this Code.
(h) If a nonconforming use is a Formula Retail use in a District that prohibits Formula Retail uses, the Formula Retail use is deemed abandoned if it is discontinued for a period of 18 months or more, or otherwise abandoned. The Formula Retail use shall not be restored.
(1) Change of one nonconforming Formula Retail use to another Formula Retail use that is determined to not be an enlargement or intensification of use, as defined in Subsection 178(c), is subject to the Commission's adopted Performance-Based Design Guidelines for Formula Retail, which may be applied and approved administratively by the Planning Department. Non-conformance with the Performance-Based Design Guidelines for Formula Retail as required by the Department may result in termination of the nonconforming Formula Retail use.
(2) Change of one nonconforming Formula Retail use to another Formula Retail use that is determined to be an enlargement or intensification of use, as defined in Subsection 178(c), is not permitted.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 532-85, App. 12/4/85; Ord. 69-87, App. 3/13/87; Ord. 445-87, 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 62-04, File No. 031501, App. 4/9/2004; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
AMENDMENT HISTORY
Divisions (a) and (b)(1) amended; former division (f) deleted, former divisions (g) and (h) redesignated (f) and (g) and internal references adjusted accordingly; Ord. 42-13
, Eff. 4/27/2013. Division (b)(1) amended; former divisions (b)(2) and (4) deleted and former divisions (b)(3) and (5) redesignated as (b)(2) and (3); divisions (c), (d), and (e) amended; Ord. 232-14
, Eff. 12/26/2014. Division (a) amended; new division (h) added; Ord. 235-14
, Eff. 12/26/2014. Divisions (e) and (f) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (a), (b), and (f) amended; division (b)(3) deleted; Ord. 296-18, Eff. 1/12/2019.
SEC. 183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT.
(See Interpretations related to this Section.)
(a) Discontinuance and Abandonment of a Nonconforming Use, Generally. Whenever a nonconforming use has been changed to a conforming use, or discontinued for a continuous period of three years, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being so changed, discontinued, or abandoned be reestablished, and the use of the property thereafter shall be in conformity with the use limitations of this Code for the district in which the property is located. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment.
(b) Discontinuance or Abandonment of a Nonconforming Formula Retail Use. Notwithstanding subsection (a) of this Section, when a nonconforming Formula Retail use has been changed to a conforming use or discontinued for a period of 18 months, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming Formula Retail use, such use shall not be reestablished after being so changed, discontinued or abandoned, and the use of the property thereafter shall be in conformity with the use limitations of this Code for the district in which the property is located.
(c) Discontinuance or Abandonment of Self-Storage Use Due to City and County Occupancy. Adoption of the Western South of Market Area Plan resulted in certain land uses, including Self-Storage, that were previously permitted no longer being permitted. The purpose of this subsection 183(c) is to establish a process by which the owner of property with a Self-Storage use that was established and is operating without the benefit of a required change of use permit may seek and obtain the required permit, lease the property to the City and County of San Francisco for a public safety-related purpose, and re-establish a legal nonconforming Self-Storage use after the City vacates the property.
(1) Legitimization of Existing Self-Storage Use; Notice and Discretionary Review of the Building Permit. In the case of a Self-Storage use that was established and has been operating without the benefit of a required change of use permit, the property owner may seek and be granted such permit notwithstanding the limitation of No. 846.48 in Table 846 of this Code, the permit application shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission provided that:
(A) the permit application is filed for a property located within (i) the Service/Arts/Light Industrial Zoning District and (ii) 1,000 feet of the South Of Market Special Hall Of Justice Legal Services District; and
(B) the Zoning Administrator has determined that the existing Self-Storage use (i) has been regularly operating or functioning prior to the effective date of this subsection 183(c) and (ii) is not accessory to any other use; and
(C) prior to issuance of the building permit to legitimize the existing Self-Storage use, the property owner pays the Transit Impact Development Fee required by Planning Code Section 411 et seq. in the amount that was in effect and would have been due at the time of the original establishment of the existing Self-Storage use; and
(D) the building permit to legitimize the existing Self-Storage use is issued prior to the earlier of (i) commencement of occupancy by the City for a public-safety related purpose or (ii) issuance of a building permit to establish the public safety-related use.
If the property owner has not applied for a building permit to legitimize an existing Self-Storage use and the permit is not issued as set forth in this subsection (c)(1), the Self-Storage use shall be deemed irrevocably abandoned and may not be re-established.
(2) Change of Use from a Self-Storage Use to Public Use; Notice and Discretionary Review of the Building Permit. Any building permit that is required for the City’s occupancy of the property for a public-safety related purpose classified as a Public Use under Section 890.80 of this Code shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission.
(3) Re-establishment of Self-Storage Use; Notice and Discretionary Review of the Building Permit. An existing nonconforming Self-Storage use or a Self-Storage use that is legitimized pursuant to subsection (c)(1), that in either case is changed to a public safety-related use due solely to occupancy by the City and County of San Francisco acting through any of its departments, shall not be considered discontinued or abandoned for purposes of subsection (a) above or any other provision of this Code and the property owner may resume use of the premises as a Self-Storage use after the City vacates the property, provided that:
(A) the City’s occupancy was for a public safety-related purpose classified as a Public Use under Section 890.80 of the Planning Code;
(B) if the pre-existing Self-Storage use had been established and was operating without the required change of use permit, the property owner applied for and was granted a building permit to legitimize the pre-existing Self-Storage Use pursuant to subsection (c)(1); and
(C) the property owner resumes the pre-existing Self-Storage use within two years from the later of (i) the date the City vacated the property or (ii) the date the City’s lease for the property was terminated.
The property owner shall apply for and obtain any permits required to resume the pre-existing Self-Storage use within one year from the date the City vacates the property. If the application for a permit is limited to re-establishment of the pre-existing Self-Storage use, the application shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission.
(4) Extensions of Time.
(A) If a permit to resume the pre-existing Self-Storage use is issued but delayed due to an action before the Board of Appeals or other City agency, or a case in any court of competent jurisdiction, the time to resume such pre-existing use shall be extended by the amount of time final action on the permit was delayed.
(B) The Zoning Administrator may grant one or more extensions of the time within which the pre-existing Self-Storage use must be resumed if the owner or owners of the property have made a good-faith effort to comply but are unable to do so for reasons that are not within their control.
(5) Notice to Property Owner. The Planning Department shall provide written notice to the owner of record of any property that is within the scope of Section 183(c) of any proposed ordinance to substantively amend this Section 183(c) prior to a hearing thereon by the Planning Commission, provided that the property owner has sent a written request for said notice to the Zoning Administrator.
(d) Discontinuance or Abandonment of a Public Parking Lot in the Mission Street NCT District. Notwithstanding subsection (a) of this Section, when less than 25% of the parking spaces within a legally established, nonconforming Public Parking Lot located in the Mission Street NCT Zoning District is converted to an Outdoor Activity Area for a separate use, such conversion does not constitute a discontinuance or abandonment of that portion of the Public Parking Lot use. However, if the remaining Public Parking Lot use is discontinued or abandoned, then the portion converted to Outdoor Activity Area shall also be deemed to be discontinued or abandoned.
(Amended by Ord. 186-84, App. 5/4/84; Ord. 292-98, App. 10/2/98; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 122-18, App. 5/23/2018, Eff. 6/23/2018; 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. 108-23, File No. 230164, App. 6/23/2023, Eff. 7/24/2023)
AMENDMENT HISTORY
Former section amended and designated as division (a); new division (b) added; Ord. 235-14
, Eff. 12/26/2014. Division (a) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; divisions (c) – (c)(5) added; Ord. 122-18, Eff. 6/23/2018. Division (a) amended; Ord. 233-21, Eff. 1/22/2022. Division (a) amended; Ord. 37-22, Eff. 4/14/2022. Division (d) added; Ord. 108-23, Eff. 7/24/2023.
SEC. 183.1. PERMITTED, NON-CONFORMING, AND CONDITIONALLY PERMITTED USES: TEMPORARY USES.
Any permitted, non-conforming, or conditionally permitted use may be changed to a temporary use without abandoning its original status or authorization as a permitted, non-conforming or conditionally permitted use under Planning Code Article 1.7, provided that such temporary use is permitted and has been authorized as required by any applicable law.
(Added by Proposition H, 11/3/2020, Eff. 12/18/2020)
SEC. 185. CONTINUANCE OF OTHER NONCONFORMING USES.
(See Interpretations related to this Section.)
The purpose of this Section is to provide for the gradual elimination or conversion, after a reasonable allowance of time for the amortization of investments therein, of certain classes of nonconforming uses in buildings, in order to encourage and promote the orderly and beneficial development of the land and buildings with conforming uses. The Section is intended to apply to obsolescent buildings whose use is widely at variance with the regulations of this Code, and is safeguarded against unnecessary hardship in application by provision for a minimum period of continuance of 20 years, by procedures for extension and exceptions, and by the requirement of repeated notice as the buildings approach an age indicative of obsolescence. It is further declared that the requirement of eventual removal, or conversion to conforming use of such buildings, subject to the exceptions set forth, is in the public interest and is intended to promote the general welfare.
(a) This Section shall apply only to nonconforming uses occupying buildings in R Districts, other than Residential-Commercial Combined Districts, when such uses would first be permitted as a principal or conditional use in an NC, C or M District or in a Residential-Commercial Combined District. It shall not apply to exempt limited commercial and industrial uses meeting the requirements of Section 186, or to any nonconforming use of land or a building whose continuance is more strictly limited by the provisions of Section 184.
(b) Every such building to which this Section applies may be continued in such use for at least 20 years from the effective date of this Code (May 2, 1960), or of the amendment thereto which causes it to be nonconforming, and may be continued for a longer period if it has not yet reached the age hereinafter specified, computed from the date the building was erected. For buildings of Type 1 or Type 2, as defined in the Building Code of the City, the specified age shall be 50 years; for Type 3 buildings it shall be 40 years; and for Type 4 and Type 5 buildings it shall be 30 years.
(c) Upon the expiration of the period specified for each such building, it shall be completely removed or altered and converted to a conforming use, except as hereinafter provided.
(d) Where special circumstances apply to any such building and use, which do not apply generally to others affected hereby, extension of time may be granted under the variance procedure as regulated in Section 305, but no such extension shall be for a period in excess of one year. Successive extensions, subject to the same limitations, may be granted upon new application.
(e) Any nonconforming use affected by this Section shall be qualified for consideration by the Planning Commission as a conditional use as regulated in Section 303, upon application filed at any time during the period of permitted continuance specified above. In the event that a conditional use is authorized by the Planning Commission for any such use, the provisions of Sections 180 through 183 shall continue to apply to such use except as specifically provided in the action of the Commission, and no enlargement, intensification or extension of the nonconforming use shall be permitted by the Commission.
(Amended by Ord. 470-79, App. 9/28/79; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)
AMENDMENT HISTORY
Division (e) amended; former division (f) deleted; Ord. 140-11, Eff. 8/4/2011.
SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO-1, RTO-M, AND RED DISTRICTS.
(See Interpretations related to this Section.)
The purpose of this Section 186 is to provide for the further continuance in RH, RM, RTO, and RED Districts of nonconforming uses of a limited commercial and industrial character, as herein described, which are beneficial to, or can be accommodated within, the residential areas in which they are located. It is hereby found and declared that, despite the general incompatibility of nonconforming uses with the purposes of this Code, and with other nearby uses, these limited commercial uses may be tolerated in residential areas, and tend to provide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood residents within a short distance of their homes or, within the South of Market RED Districts, tend to provide jobs and continuation of small scale service and light industrial activities. These uses tend to be small in scale, to serve primarily a walk-in trade, and cause a minimum of interference with nearby streets and properties. Accordingly, this Section recognizes the public advantages of these uses and establishes conditions for their continued operation.
(a) Exemption from Termination Provisions. The following nonconforming uses in R Districts shall be exempt from the termination provisions of Section 185, provided such uses comply with all the conditions specified in subsection (b) below:
(1) Any nonconforming use at any Story in an RTO, RH, or RM District which is located more than one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below, and which complies with the use limitations specified for the First Story and below of an NC-1 District, as set forth in Section 710 of this Code.
(2) Any nonconforming use in an RTO, RH, or RM District which is located within one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below and which complies with the most restrictive use limitations specified for the First Story and below of:
(A) an NC-1 District, as set forth in Section 710 of this Code; or
(B) Any of the specified Restricted Use Subdistricts specified in subsection (a)(3) below.
(3) Subsections (a)(1) and (a)(2) above apply to the following Restricted Use Subdistricts: the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict set forth in Section 781.4 of this Code; the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict set forth in Section 781.6 of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section 786 of this Code.
(4) In the RED Districts, any nonconforming use that is Arts Activities, Business Service, Catering, Design Professional, Light Manufacturing, Personal Service, Trade Office, Trade Shop, Wholesale Sales, or Wholesale Storage use.
(b) Conditions on Limited Nonconforming Uses. The limited nonconforming uses described above shall meet the following conditions:
(1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood;
(2) Any signs on the property shall be made to comply with the requirements of Section 606(c) of this Code for Limited Commercial uses;
(3) The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m., however, in RED, RTO-1, and RTO-M Districts only, the Planning Commission may extend the hours of operation to 12:00 a.m. through Conditional Use authorization, as outlined in Section 303 of this Code;
(4) Public sidewalk space may be occupied in connection with the use provided that it is occupied only with tables and chairs as permitted by this Municipal Code;
(5) Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants, and other public features;
(6) Noise, odors, and other nuisance factors shall be adequately controlled;
(7) An Outdoor Activity Area is principally permitted if it is located at the front of the building. An Outdoor Activity Area that is not at the front of the building is principally permitted in RTO and RTO-M Districts only if it complies with the operating restrictions in Section 202.2(a)(7) and shall not be permitted in RH or RM Districts; and
(8) All other applicable provisions of this Code shall be complied with.
(e) Awnings. Awnings are permitted, subject to the standards in Section 136.1(a) of this Code. Canopies and marquees are not permitted.
(f) Termination. Any use affected by this Section 186 that does not comply with all of the conditions herein specified shall be subject to termination in accordance with Section 185 at the expiration of the period specified in that Section, but shall be qualified for consideration as a conditional use under Section 185(e). Any such use that complies with such conditions at the expiration of such period but fails to comply therewith at any later date shall be subject to termination when it ceases to comply with any of such conditions.
(g) Reactivation. Limited commercial uses in RH, RM, RTO, and RED Districts that have been discontinued or abandoned, as defined in Section 183, may be reactivated if the Zoning Administrator finds that:
(1) the subject space is located on or below the ground floor and was in commercial or industrial use prior to January 1, 1960; and
(2) the proposed commercial use meets all the requirements of this Section 186 and other applicable sections of this Code.
Spaces with a Residential Use shall be subject to the requirements of Section 317.
(Amended by Ord. 470-79, App. 9/28/79; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 115-90, App. 4/6/90; Ord. 250-06, File No. 061069, App. 10/11/2006; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 174-12
, File No. 120715, App. 8/2/2012, Eff. 9/1/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 217-18, File No. 180556, App. 9/14/2018, Eff. 10/15/2018; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
AMENDMENT HISTORY
Section header and undesignated introductory paragraph amended; divisions (c) through (e) added; former divisions (c) and (d) redesignated as (f) and [former] (g); Ord. 63-11, Eff. 5/7/2011. Divisions (a), (b), (c), (e), and (f) amended; new division (g) added; former division (g) redesignated as (h) and amended; Ord. 174-12
, Eff. 9/1/2012. Division (a)(1) amended; Ord. 56-13
, Eff. 4/27/2013. Reference amended in division (c); Ord. 235-14
, Eff. 12/26/2014. Divisions (a)-(a)(2)(C) and (b)(2) amended; Ord. 202-18, Eff. 9/10/2018. Division (b)(3) amended; Ord. 217-18, Eff. 10/15/2018. Undesignated introductory paragraph and divisions (a)(1)-(a)(2)(B), (b)(4)- (b)(6), (f), and (g)(2) amended; former division (a)(2)(C) deleted; new divisions (a)(2)(C) and (a)(3) added; former division (a)(3) redesignated as (a)(4) and amended; Ord. 205-19, Eff. 10/12/2019 Divisions (a)(1) and (a)(2) amended; division (a)(2)(B) deleted; division (a)(2)(C) redesignated as (a)(2)(B); Proposition H, 11/3/2020, Eff. 12/18/2020. Divisions (a)(4), (f), and (g) amended; undesignated paragraph added after (g)(2); Ord. 70-23, Eff. 6/3/2023. Divisions (a)(2)(A) and (a)(3) amended; Ord. 249-23, Eff. 1/14/2024. Divisions (a)(3), (b)(3), (b)(6), and (c) amended; new division (b)(7) added; former division (b)(7) redesignated as (b)(8); Ord. 85-24, Eff. 5/27/2024. Division (a)(3) amended; Ord. 217-25, Eff. 12/15/2025. Section header and divisions (a)(4) and (b)(3) amended; Ord. 245-25, Eff. 1/12/2026.
SEC. 186.1. EXEMPTION OF NONCONFORMING USES IN NEIGHBORHOOD COMMERCIAL DISTRICTS.
(See Interpretations related to this Section.)
The purpose of this Section is to provide for the further continuance in NC Districts of nonconforming uses created by adoption of Ordinance No. 69-87, as herein described, and subsequent ordinances that change the uses allowed in NC Districts, which are beneficial to, or can be accommodated within the neighborhood commercial areas in which they are located.
It is hereby found and declared that certain uses which traditionally have been permitted to locate in neighborhood commercial areas can be beneficial to a neighborhood commercial area in small or limited numbers, but which if allowed to proliferate, can disrupt the balanced mix of neighborhood-serving retail stores and services. It is further found and declared that in order to prevent undesirable over concentrations of such uses, the establishment of additional such uses shall be prohibited pursuant to controls governing uses in NC Districts. At the same time, however, it is desirable to provide for the further continuance, expansion, enlargement, alteration, changes, discontinuance, and relocation of such existing uses, which are nonconforming as a result of zoning controls governing uses in NC Districts.
The following provisions shall govern with respect to nonconforming uses and features located in Neighborhood Commercial Districts to the extent that there is a conflict between the provisions of this Section and other Sections contained in this Article 1.7.
(a) Expansion. A nonconforming use may expand in floor area as provided in Subsection (b) below, but may not expand beyond the lot which it occupies, nor may the boundaries of such lot be expanded for purposes of expanding the use; nor may the use expand upward above the story or stories which it lawfully occupies, except as provided in Section 186.2 below.
(b) Enlargements or Alteration.
(1) A nonconforming use may not be significantly altered; enlarged or intensified, except upon approval of a Conditional Use application pursuant to the provisions of Section 303 of this Code, provided that the use not have or result in a greater height, bulk or floor area ratio, less required rear yard or open space, or less required off-street parking space or loading space than permissible under the limitations set forth in this Code for the district or districts in which such use is located.
(2) A nonconforming use may expand to include public sidewalk space provided that such space is only occupied with tables and chairs as permitted by this Municipal Code.
(3) No existing use or structure which fails to meet the requirements of this Code in any manner as described above in this subsection (b) shall be constructed, reconstructed, enlarged, altered, or relocated so as to increase the discrepancy, or to create a new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in this Code. However, a Non-Residential Use that fails to meet the Non-Residential Use Size requirements of this Code may be divided into smaller uses sizes, consistent with Sections 121.2 and 121.5.
(c) Changes in Use. A nonconforming use may be changed to another use or feature as described below.
(1) A nonconforming use may be changed to a use listed in Article 7 of this Code as a Principal Use for the district in which the property is located, and the new use may thereafter be continued as a Principally Permitted Use.
(2) A nonconforming use may be changed to a use listed in Article 7 of this Code as a Conditional Use for the district in which the use is located, only upon approval of a Conditional Use application pursuant to the provisions of Article 3 of this Code, and the new use may thereafter be continued as a permitted Conditional Use, subject to the provisions of Section 178 of this Code.
(3) A nonconforming use may be changed to a use which is not permitted in that Neighborhood Commercial District as described below, only upon approval of a Conditional Use application, pursuant to the provisions of Article 3 of this Code:
(A) Any Bar, Limited Restaurant, or Restaurant use may change to another Bar, Limited Restaurant, or Restaurant use, even though such other use is not permitted in that Neighborhood Commercial District, unless such other use is located in an Alcohol Restricted Use Subdistrict and is prohibited by the provisions governing that Alcohol Restricted Use Subdistrict.
(B) Any Business Service, Health Service, Personal Service, or Retail Professional Service use may change to another such use, even though such other use is not permitted in that Neighborhood Commercial District.
(C) Any Automotive Repair, Automotive Service Station, or Gas Station use may be demolished and reconstructed as the same use or may change to another such use, even though such other use is not permitted in that Neighborhood Commercial District.
The new use shall still be classified as a nonconforming use.
The changes in use described in this subsection (c)(3) shall include remodeling activities involving the demolition and replacement of structures that result in a change of use.
(D) With regard to Formula Retail uses, a change of owner or operator of a Formula Retail establishment is determined to be an intensification of use and a new Conditional Use authorization shall be required as provided in Section 178(c) of this Code.
(d) Discontinuance. A nonconforming use that is discontinued for a period of three years, or otherwise abandoned or changed to another use that is listed in Article 7 of this Code as a Principal or Conditional Use for the district in which the use is located shall not be reestablished, except in the following instances:
(1) In the North Beach, Polk Street, Castro Street, and Haight Street Neighborhood Commercial Districts the period of non-use for a nonconforming use to be deemed discontinued shall be 18 months.
(2) In the Polk Street Neighborhood Commercial District, the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued shall be 18 months.
(3) For Formula Retail uses in any district that prohibits or requires Conditional Use authorization for Formula Retail uses, the period of non-use to be deemed discontinued is 18 months.
(e) Relocation. A nonconforming use in a Neighborhood Commercial District may be reestablished at another location within that Neighborhood Commercial District only upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code, provided that the following conditions are met:
(1) The original premises shall not be occupied by an establishment of the same type of use as the relocating use unless by another establishment that is relocating from within the district; and
(2) No final permits to operate the relocated use at the new premises are granted prior to the issuance of a certificate of final completion of any work to the original premises which is required as conditions attached to the approval of the conditional use application; and
(3) Deed restrictions are recorded for the original premises in the Official Records of the City and County of San Francisco, which restrictions prohibit for the duration of the Code sections prohibiting the use for the district in which the use is located, the establishment and operation of a new use of the same type of use as the relocated use, unless such new use is relocating from within the district.
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 229-99, File No.990991, App. 8/20/99; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 198-00, File No. 992321, App. 8/18/2000; Ord. 250-06, File No. 061069, App. 10/11/2006; Ord. 245-08, File No. 080696; Ord. 151-09, File No. 090141, App. 7/10/2009; Ord. 3-10, File No. 090962, App. 1/15/2010; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025)
AMENDMENT HISTORY
Divisions (c)(3)(A) and (d) amended; Ord. 75-12
, Eff. 5/23/2012. Division (a) and undesignated material following division (c)(3)(C) amended; division (c)(3)(D) added; division (d) amended; Ord. 235-14
, Eff. 12/26/2014. Division (c)(4) amended; Ord. 22-15, Eff. 3/22/2015. Division (d) amended; divisions (d)(1)-(3) added; Ord. 188-15
, Eff. 12/4/2015. Division (d)(1) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (d) and (d)(1) amended; Ord. 205-17, Eff. 12/3/2017. Divisions (b)(1), (b)(3), (c)(1), (c)(2), and (c)(3)(A)-(C), undesignated material following (c)(3)(C), division (c)(5), undesignated material following (c)(5)(B), and division (d)(2) amended; Ord. 202-18, Eff. 9/10/2018. Division (b)(3) amended; divisions (c)(4)-(c)(5)(B) and subsequent undesignated paragraph deleted; Ord. 173-25, Eff. 10/6/2025.
SEC. 186.2. EXCEPTIONS FOR PRE-EXISTING STRUCTURES IN NEIGHBORHOOD COMMERCIAL DISTRICTS FROM CERTAIN LIMITATIONS ON UPPER-STORY USES IMPOSED UNDER ARTICLE 7.
(See Interpretations related to this Section.)
This section is intended to provide for the re-use of (1) multi-story buildings, or (2) buildings with either a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed prior to the effective date of this provision (Ordinance No. 445-87) for single-tenant occupancy, by uses which are otherwise not permitted on upper stories pursuant to Article 7 of this Code.
(a) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single-tenant occupancy, a use which is permitted as a principal or conditional use at the first story and below may also locate in the upper stories of the building as a nonconforming use as provided in Section 186.1(b) above, if the use occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.
(b) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single-tenant occupancy, an existing first-story nonconforming use may expand above the story which it lawfully occupies as provided in Section 186.1(b) above only if the expanded area is occupied by the same tenant operating the nonconforming use which occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.
(c) Except as provided in this Section or by subsequent changes to the provisions of this Code, new nonconforming uses shall not be established in Neighborhood Commercial Districts.
(Added by Ord. 445-87, App. 11/12/87)
SEC. 186.3. NON-RESIDENTIAL USES IN LANDMARK BUILDINGS IN RH, RM, RTO-1, AND RTO-M DISTRICTS.
Any use listed as a Principal or Conditional Use permitted on the ground floor in an NC-1 District, when located in a structure on a landmark site designated pursuant to Article 10 of this Code, is permitted with Conditional Use authorization pursuant to Section 303 of this Code, provided that no Conditional Use shall be authorized under this Section 186.3 unless (1) such authorization conforms to the applicable provisions of Section 303 of this Code, and (2) the specific use so authorized is essential to the feasibility of retaining and preserving the landmark.
AMENDMENT HISTORY
SEC. 187. AUDIT PROPERTIES; AMNESTY PROGRAM.
(a) Intent. The purpose of this amnesty program is to provide relief from strict compliance with the Planning Code for properties subject to Notices of Violation (“NOV”) issued by the Department of Building Inspection as part of its Internal Quality Control Audit (“Audit”). The Audit identified approximately 5,500 properties that could have been subject to permitting and inspection irregularities. Pursuant to the Audit procedures, these properties were subject to additional review by DBI. As of January 1, 2025, DBI had issued approximately 100 NOVs as a result of the Audit.
(b) Limitations. This Section 187 does not alter, modify, waive, or otherwise change the City’s legal defenses to and immunity from any responsibility or liability for harm caused by the conduct of any permit expediter, engineer, architect of record, or other design professional, such as Rodrigo Santos, or inspections by City employees, such as Bernard Curran, or anyone acting on behalf of or in concert with those individuals. The amnesty provided in this Section 187 does not relieve any property owner from complying with the Building Code or obtaining final legal inspection for any work subject to the Audit.
(c) Definitions. For purposes of this Section 187 the following definitions shall apply:
“Audit” means the Department of Building Inspection’s Internal Quality Control Audit, as it may be updated.
“NOV Property” means any property identified in the Audit that is or has been subject to a NOV arising from the Audit.
(d) Amnesty Determination. Notwithstanding any other provision of this Code, upon a written determination of the existing conditions made by the Planning Director (“Director”) or the Director’s designee pursuant to subsection (e), the physical condition and use of any NOV Property shall be considered an existing noncomplying structure and/or nonconforming use subject to this Article 1.7, after the property owner abates the NOV by obtaining a final certification of noncomplying conditions from the Department of Building Inspection pursuant to Building Code Section 106A.6, or a Building Permit.
(e) Planning Determination of Nonconformity and Noncompliance. The Director or their designee shall document the degree of nonconformity or noncompliance for each NOV Property that is granted amnesty under this Section 187. The Director’s determination of the degree of nonconformity and/or noncompliance shall be based on any of the following: (1) historical photographs; (2) publicly available information, including any NOVs; (3) current photographs provided by the applicant, including photographs showing the NOV Property; (4) drawings provided by the applicant prepared by a state licensed contractor, architect, or registered engineer depicting the width, depth, height, projection, elevation, and other key characteristics of the NOV Property; (5) site inspections by the Planning Department, Department of Building Inspection, or other department having jurisdiction to perform such an inspection, if requested; and (6) any other document or information the Director deems relevant. Such determination shall be provided to the Department of Building Inspection under Building Code Section 106A.6. It shall be the obligation of the property owner to demonstrate eligibility for amnesty under this Section 187. The Director’s determination regarding the degree of nonconformity or noncompliance shall not be subject to appeal.
(f) Waiver of Fees. The Planning Department shall waive all fees for applications or other actions under this Section 187. The Planning Department shall also refund any permit fees or enforcement fees and penalties related to abating a NOV issued pursuant to the Audit, regardless of whether the fees or penalties were paid prior to the effective date of the ordinance in Board File No. 250191.
(g) Relationship to Planning Code. Pursuant to the provisions of this Section 187 and Building Code Section 106A.6, NOV Properties subject to the Audit may receive amnesty from the Planning Code and be considered existing noncomplying structures and/or nonconforming uses. Although NOV Properties may receive amnesty from strict compliance with the Planning Code for work subject to the Audit, NOV Properties may not enlarge, modify or otherwise intensify the noncomplying structures and/or nonconforming uses. Following receipt by property owner of a certification of existing conditions pursuant to Building Code Section 106A or a Building Permit to abate a NOV, any changes to the property shall be subject to the requirements of the Planning Code in effect as of the date of the subsequent work.
(h) Application deadline. Any NOV Property must submit a complete amnesty application no later than three years after the effective date of the ordinance in Board File No. 250191.
(i) Sunset. This Section 187 shall expire by operation of law five years after the effective date of the ordinance in Board File No. 250191, following which the City Attorney is authorized to cause it to be removed from the Planning Code.
(Added by Ord. 171-25, File No. 250191, App. 9/5/2025, Eff. 10/6/2025)
(Former Sec. 187 added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; repealed by Ord. 176-12
, File No. 120472, App. 8/7/2012, Eff. 9/6/2012)
SEC. 187.1. AUTOMOTIVE SERVICE STATIONS, ELECTRIC VEHICLE CHARGING LOCATIONS, AND GAS STATIONS AS LEGAL NONCONFORMING USES.
(See Interpretations related to this Section.)
(a) Continuation as a Nonconforming Use. Notwithstanding any other provision of this Code, an Automotive Service Station or a Gas Station as defined in Section 102 of this Code, located in a Residential district, and having legal nonconforming use status under the provisions of this Code on January 1, 1980, shall be regarded as a legal nonconforming use so long as the station either: (1) continues to sell and dispense gasoline and other motor fuels and lubricating fluids directly into motor vehicles, or (2) transitions to an Electric Vehicle Charging Location.
(b) Enlargement and Intensification. An Automotive Service Station regarded as a legal nonconforming use under subsection (a) of this Section 187.1 may enlarge or intensify its current service station operations provided the station receives Conditional Use authorization for such enlargement or intensification under Section 303 of this Code. Conditional Use authorizations issued pursuant to this Section 187.1 shall not contain termination dates.
(c) Accessory Uses. Parking for car-share vehicles, as defined in Section 166, is permitted as an Accessory Use, and the addition of car-share vehicle parking shall not constitute an enlargement or intensification of the use.
AMENDMENT HISTORY
SEC. 187.2. MECHANICAL CAR WASH FACILITIES ON NINETEENTH AVENUE.
(a) Notwithstanding any other provision of this Code, an Automotive Wash, as defined by Section 102 of this Code, is permitted as a conditional use on the same premises as an Automotive Service Station or Automotive Gas Station, existing on the effective date of this Section, and located on Nineteenth Avenue, starting at Lincoln Way and continuing south on Nineteenth Avenue to the southerly portion of Nineteenth Avenue to the intersection with Junipero Serra Boulevard, and continuing south along Junipero Serra Boulevard to the southern boundary of the City and County of San Francisco provided:
(1) A vehicle storage and standing area is provided on the premises outside the washing facilities of sufficient size to accommodate at least one-quarter of the hourly capacity in vehicles of the facility;
(2) Noise from the facility complies with Article 29 of the San Francisco Police Code and in no event shall noise from mechanical equipment exceed 65 dBA, as defined in Article 29, from 7:00 a.m. to 10:00 p.m., or 60 dBA from 10:00 p.m. to 7:00 a.m., when measured at any location on adjoining residential property;
(3) Automobile washing and drying occurs entirely within an enclosed building;
(4) Water use and reclamation meets criteria established by the Zoning Administrator in consultation with staff from the San Francisco Public Utilities Commission;
(5) A traffic study demonstrates that the operation will not cause a new significant impact on traffic on adjacent streets; and
(6) The facility is located on a lot equal to or greater than 12,000 square feet.
AMENDMENT HISTORY
Former divisions (a) and (b) deleted and former division (c) redesignated as (a) and amended; Ord. 22-15, Eff. 3/22/2015.
SEC. 187.3. PRE-EXISTING AWNINGS, GATES, AND SIGNS; AMNESTY.
(a) Intent. The purpose of this Section 187.3 is to recognize the impacts of the COVID-19 pandemic on small businesses, to acknowledge the contribution of those businesses’ Awnings, Gates, and Signs, as defined in Sections 102 and 602 of this Code, to the diverse character of the City’s commercial corridors, and to establish a program whereby certain existing Awnings, Gates, and Signs that have been erected, installed, or maintained without required permits may be allowed to remain.
(b) Controls. Notwithstanding any other provision of this Code, an Awning, Gate, or Business Sign physically existing on or serving a non-Residential business on August 20, 2023 may be considered an existing noncomplying structure and/or nonconforming use governed by this Article 1.7 so long as the Sign, Gate, or Awning is not affixed to a building designated as significant or contributory under Article 11 of this Code. In addition to the foregoing, Awnings, Gates, or Signs that have been required by the Department of Building Inspection on or after January 1, 2023 to be replaced or altered, may be replaced or altered consistent with such requirement and subsequently considered noncomplying structures and/or nonconforming uses subject to this Section 187.3 so long as such replacement or alteration does not increase the degree of nonconformity or noncompliance with other Sections of this Code. All Signs must comply with the illumination provisions of Article 6 of this Code.
(c) Procedures. The Planning Director or their designee shall determine the degree of nonconformity or noncompliance for each Awning, Gate, or Sign that is granted amnesty under this Section 187.3. Determinations of nonconformity and/or noncompliance shall be based on (i) historical photographs to be provided by the applicant and/or which are publicly available; (ii) current photographs provided by the applicant, including photographs showing the Awning’s points of attachment to the building; and (iii) drawings provided by the applicant which need not be prepared by a state licensed contractor or architect, or registered engineer so long as those drawings depict the width, depth, height, projection, elevation, and other key characteristics of the Signs, Gates, or Awnings in question. Such determination shall be memorialized either on a Building Permit, Sign Permit, or other form developed by the Planning Department or other City agency.
(d) Fees. Notwithstanding any other provision of this Code or the Administrative Code, no fee shall be charged by the Planning Department for a determination under this Section 187.3 and/or for review of Building Permit Applications, Sign Permit Applications, or other approvals which relate exclusively to the implementation of this Section, including any enforcement fees under Section 350(g)(1) of this Code, as long as the application is submitted before July 1, 2025.
AMENDMENT HISTORY
SEC. 188.1. NONCOMPLYING STRUCTURE STATUS FOR CERTAIN PRE-EXISTING RESIDENTIAL STRUCTURES IN RH, RM, AND RTO DISTRICTS.
(a) Within a required yard, residential structures that were constructed without the benefit of a permit prior to January 1, 2003, shall be considered Noncomplying Structures and may be altered, relocated, or replaced in-kind with the same dimensions as they existed prior to 2003. Alterations, relocations, and in-kind or smaller replacements may deviate from the original structure’s dimensions only in keeping with the requirements of Section 188(a) of this Code.
(b) Nothing in this Section 188.1 shall exempt structures from the Planning Code controls other than those for required yards.
(Added by Ord. 146-25, File No. 250284, App. 8/5/2025, Eff. 9/5/2025)
SEC. 189. SUBSTANDARD LOTS OF RECORD: CONSTRUCTION AND OTHER ACTIONS.
(See Interpretations related to this Section.)
(a) Within the limitations of this Article 1.7, and especially Sections 172 and 180 hereof, a substandard lot of record as defined in Section 180 may have a structure constructed, reconstructed, enlarged, altered or relocated upon it, provided such structure meets the applicable requirements of this Code.
(Added by Ord. 443-78, App. 10/6/78)
SEC. 190. CONVERSION OF MEDICAL CANNABIS DISPENSARIES TO CANNABIS RETAIL ESTABLISHMENTS.
(a) An establishment may convert from a Medical Cannabis Dispensary Use to a Cannabis Retail Use by obtaining a building permit authorizing the change of Use, if the establishment:
(1) Holds a valid permit from the Office of Cannabis to operate as a Storefront Cannabis Retailer, as defined in Section 1602 of the Police Code, issued on or before January 1, 2025; and
(2) Submitted a complete application to the Planning Department to convert to a Cannabis Retail Use on or before December 31, 2024.
(b) An application for a change of use submitted by an eligible establishment under subsection (a) of this Section 190 is subject to all Planning Code requirements except:
(1) Any requirement to obtain a Conditional Use Authorization for Cannabis Retail Uses in the zoning district in which it is located;
(2) Locational restrictions for Cannabis Retail set forth in Section 202.2(a);
(3) The requirements of Section 311; and
(4) Any Mandatory Discretionary Review and public-initiated discretionary review; provided however, that the Planning Commission or Planning Department staff may initiate discretionary review.
(c) Applications for a change of use from a Medical Cannabis Dispensary Use to a Cannabis Retail Use not covered by subsection (a) of this Section 190 shall be subject to the zoning controls for the district in which the Medical Cannabis Dispensary is located.
(d) This Section 190 shall expire by operation of law on December 31, 2026. Upon its expiration, the City Attorney is authorized to cause this Section 190 to be removed from the Planning Code.
(Added by Ord. 218-25, File No. 250809, App. 11/21/2025, Eff. 12/22/2025)
(Former Sec. 191 added by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. 16-19, File No. 181061, App. 2/8/2019, Eff. 3/11/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 4-21, File No. 201261, App. 1/15/2021, Eff. 2/15/2021, Retro. 1/1/2021; Ord. 198-21, File No. 210865, App. 11/5/2021, Eff. 12/6/2021; Ord. 234-21, File No. 210452, App. 12/22/2021, Eff. 1/22/2022; Ord. 249-22, File No. 220542, App. 12/16/2022, Eff. 1/16/2023; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024, Retro. 1/1/2024; Expired 12/31/2024)
SEC. 191. AUTHORIZATION OF TEMPORARY CANNABIS RETAIL USES.
(a) A Grandfathered MCD, as defined in Section 190, that receives a permit to operate as a Medical Cannabis Dispensary from the Department of Public Health before December 31, 2020 shall be deemed a Temporary Cannabis Retail Use, as defined in Section 205.2. Upon expiration of the Temporary Cannabis Retail Use authorization, the land use authorization for the parcel will revert to the original authorization to operate as a Medical Cannabis Dispensary Use, unless the Planning Department or Planning Commission has issued a permanent authorization for a Cannabis Retail Use.
(b) This Section 191 shall expire by operation of law on December 31, 2024. Upon its expiration, the City Attorney is authorized to cause this Section 191 to be removed from the Planning Code.
(Added by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 48-19, File No. 190108, App. 3/15/2019, Eff. 4/15/2019; Ord. 274-19, File No. 190842, App. 11/27/2019, Eff. 12/28/2019; Ord. 249-22, File No. 220542, App. 12/16/2022, Eff. 1/16/2023; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024, Retro. 1/1/2024)
AMENDMENT HISTORY
Existing paragraph designated as division (a); division (b) added; Ord. 202-18, Eff. 9/10/2018. Dates in divisions (a) and (b) amended; Ord. 48-19, Eff. 4/15/2019. Dates in divisions (a) and (b) amended; Ord. 274-19, Eff. 12/28/2019. Section header and section amended; Ord. 249-22, Eff. 1/16/2023. Division (b) amended; Ord. 68-24, Retro. 1/1/2024.
SEC. 192. LEGITIMIZATION OF CERTAIN LAND USES AT 3150 18TH STREET.
(a) Intent. The purpose of this Section 192 is to establish a time-limited program whereby existing land uses at 3150 18th Street (Assessor’s Parcel Block No. 3573, Lot No. 106), which have operated without required permits, may be permitted notwithstanding the zoning controls imposed by Planning Code Section 210.3.
(b) Legitimization Program for Certain Land Uses. Any Non-Residential or PDR Use at 3150 18th Street that otherwise is not permitted pursuant to Planning Code Section 210.3 may be established as a Legal Non-conforming Use, if it meets all of the following requirements:
(1) If the use is an Office Use, any building permit for such Office Use will be subject to Mandatory Discretionary Review by the Planning Commission;
(2) As of January 15, 2019, it was operating in that location;
(3) As of January 15, 2019, it had a lease with the owner of 3150 18th Street, or it had a written agreement with an entity who has such a lease with the owner to operate in that location; and
(4) Applications for all appropriate permits from any City or State agency to legalize the use are filed within 90 days of the effective date of this Section 192, and the applicant diligently pursues the permit(s) until they are issued.
(c) Notice.
(1) Notice by Planning Department. The Planning Department shall post notice of this legitimization program on its website to describe its contents and requirements in order to assist tenants at 3150 18th Street with participation in this program. The notice shall also inform the public about the uses principally and conditionally permitted in PDR-1-G Districts, as set forth in Planning Code Section 210.3.
(2) Notice by Owner. The owner of 3150 18th Street shall provide written notice to any prospective tenant at this property about the uses principally and conditionally permitted in PDR-1-G Districts, as set forth in Planning Code Section 210.3, prior to entering into any lease with the tenant. The owner of 3150 18th Street shall also provide written notice to its current tenants at this property regarding the legitimization program established by this Section 192, and such notice shall specify the date on which this Section 192 will sunset under subsection (g).
(d) Determination of Applicability.
(1) Initial Determination. The Planning Department shall initially determine, through the review of a building permit, whether a land use at 3150 18th Street meets the conditions set forth in this Section 192. Evidence relevant to said determination may include, but is not limited to, the following: rental or lease agreements, building or other permits, utility records, business licenses, permit applications submitted by a tenant to a City or State agency, permits issued by a City or State agency, and tax records.
(2) Monitoring and Reporting. To ensure that any Non-Residential Use continues to meet the conditions set forth in this Section 192, the owner of 3150 18th Street shall, upon request, provide the Planning Department with information about the uses at the property and copies of the written notices it has provided to prospective and current tenants under subsection (c)(2).
(e) Limitation of Enlargement, Intensification, or Discontinuance. Enlargements, Intensifications, or Discontinuances of eligible uses that follow the legitimization program authorized by this Section 192 shall be subject to the relevant controls applicable under Sections 178, 181, 182, and 183 of this Planning Code.
(f) Compliance with Other Requirements of the Planning Code. Non-Residential Uses that follow the legitimization program authorized by this Section 192 shall comply with all applicable requirements of the Planning Code, other than those requirements from which they are specifically exempted under this Section 192, but such uses shall not be subject to any applicable impact fees imposed by Planning Code Article 4.
(g) Sunset; Abandonment of Legitimized Uses.
(2) All Uses Other Than Office. Unless readopted, this Section 192 shall sunset ten years after effective date of the ordinance in Board File No. 190165. Upon such date, all remaining Legal Non-conforming Uses established through this Section 192 shall lose such non-conforming status, and shall be considered abandoned pursuant to Section 183.
(Added by Ord. 181-19, File No. 190165, App. 8/9/2019, Eff. 9/9/2019)
SEC. 193. CONTINUATION OF LONGSTANDING PLACES OF ENTERTAINMENT.
Notwithstanding any other provision of the Code, pursuant to Police Code Section 1060.2.3, any premises for which a Place of Entertainment Permit is required and which has been deemed to be a Continuing Entertainment Operations Establishment by the Entertainment Commission, or its Director as appropriate, may establish a Nighttime Entertainment use, regardless of the zoning permissibility of such uses within the district, by obtaining a building permit and without obtaining a Conditional Use Authorization or being subject to any neighborhood notification requirements.
(Added by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)
New Ordinance Notice
Publisher's Note: This section has been AMENDED by new legislation (Ord. 40-25
, approved 4/3/2025, effective 5/4/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.
Except as provided in subsections (c)-(d) below, the period of time during which the following nonconforming uses may continue or remain shall be limited to five years from the effective date of this Code (May 2, 1960), or of the amendment thereto which caused the use to be nonconforming. Every such nonconforming use shall be completely eliminated within 90 days after the expiration of such period.
(a) A Parking Lot or any other nonconforming commercial or industrial use of land where no enclosed building is involved in such use, except for permanent off-street Parking Lots in the C-3-O, C-3-R, and C-3-G Districts existing on the effective date of Ordinance No. 414-85, provided that such lots are screened in the manner required by Section 156(e); such permanent uses shall be eliminated no later than five years and 90 days from the effective date of an amendment to this Code that makes such permanent uses nonconforming.
(b) Any use of a type first permitted as a Principal or Conditional Use in an NC, RC, C, or M District or in a Residential-Commercial Combined District, when occupying a building in an R District other than a Residential-Commercial Combined District that has an assessed valuation not in excess of $500 on the effective date of this Code or such later date as the use becomes nonconforming, with the following exceptions:
(1) Any lawful use in this category in a building having an assessed valuation of $250 or more on the effective date of this Code, or such later date as the use becomes nonconforming, shall have a period of permitted continuance of 10 years from the date at which the property was placed in a residential zoning classification, if such a period of continuance produces an expiration date that is later than the expiration date stated above; or
(2) Any lawful use in this category that is of a type first permitted in an NC-1 District; or of a type first permitted in any other district and supplying commodities at retail, or offering personal services, primarily to residents of the immediate vicinity; shall have a period of permitted continuance of 10 years from the effective date of this Code, or of the amendment thereto that caused the use to be nonconforming. After five years of such period have elapsed, any use as described in this Paragraph (b)(2) shall, upon application, be qualified for consideration by the Planning Commission as a conditional use as regulated in Section 303 of this Code.
(c) In the Mission Street Neighborhood Commercial Transit District, a Parking Lot that is on the site of a designated landmark under Article 10 of this Code as of the effective date of this Ordinance No. 135-20 may continue its Use as a Parking Lot for five additional years from the original expiration date provided by this Section 184.
(d) In the CMUO and MUR Districts, a Public Parking Lot that was legally established prior to December 31, 2023 may continue its Use as a Public Parking Lot through December 31, 2026 or the original expiration date provided by this Section 184, whichever is later. Any Public Parking Lot use that ceased operations after January 1, 2024 pending renewal of a commercial parking permit under Police Code Section 1215 shall not constitute abandonment or discontinuance of the use under Planning Code Section 183.
(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 135-20, File No. 200421, App. 8/21/2020, Eff. 9/21/2020; Ord. 40-25, File No. 241173, App. 4/3/2025, Eff. 5/4/2025)
AMENDMENT HISTORY
Divisions (a) and (b) amended; Ord. 232-14
, Eff. 12/26/2014. Divisions (a) and (b) amended; Ord. 22-15, Eff. 3/22/2015. Undesignated introductory paragraph and divisions (a) and (b) amended; division (c) added; Ord. 135-20, Eff. 9/21/2020. Undesignated introductory paragraph amended; division (d) added; Ord. 40-25, Eff. 5/4/2025.
New Ordinance Notice
Publisher's Note: This section has been AMENDED by new legislation (Ord. 146-25
, approved 8/5/2025, effective 9/1/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.
(See Interpretations related to this Section.)
(a) Within the limitations of this Article 1.7, and especially Sections 172 and 180 hereof, and notwithstanding Sections 188(a)(1) and 188.1, a noncomplying structure as defined in Section 180 may be enlarged, altered, or relocated, or undergo a change or intensification of use in conformity with the use limitations of this Code, provided that with respect to such structure there is no increase in any discrepancy, or any new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in this Code, and provided the remaining requirements of this Code are met.
(1) Existing Yard Structures. A noncomplying structure that is located within a required yard may be enlarged, altered, or replaced provided that any above-grade enlargement of such structure is only to the degree necessary to conform to current Building Code requirements, including, but not limited to, the addition or construction of fire-rated walls. A noncomplying structure that is located within a required yard may be relocated within the yard if the structure’s new location is equally or further set back from the nearest property line than the original location. Interior alterations, including the structure’s use for different purposes, shall not constitute an intensification for the purposes of this subsection (a)(1). Additionally, for any partially noncomplying structure that is located within a required yard, the rules set forth in this subsection (a)(1) shall apply only to the portions of the structure that are noncomplying; portions of the structure within the buildable area shall be subject to rules elsewhere in this Code governing building within the buildable area of the lot.
(2) Nothing in this Section 188 shall exempt noncomplying structures from the Planning Code controls other than those for required yards.
(b) A noncomplying structure that is damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition; provided that such restoration is permitted by the Building Code, and is started within eighteen months and diligently prosecuted to completion. Except as provided in Subsection (c) below, no noncomplying structure that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except in full conformity with the requirements of this Code.
For purposes of this Subsection (b), "started within eighteen months" shall mean that within eighteen months of the fire or other calamity or Act of God, the structure's owner shall have filed a building permit application to restore the structure to its former condition and use.
(c) In order that major life safety hazards in noncomplying structures may be eliminated as expeditiously as possible, a noncomplying structure constructed of unreinforced masonry that is inconsistent with the requirements of the UMB Seismic Retrofit Ordinance, Ordinance No. 225-92, may be demolished and reconstructed to the same level of noncompliance; provided that:
(1) The current requirements of the Building, Housing and Fire Codes and, as applicable, Planning Code are met, provided that the Zoning Administrator may, and is hereby empowered to, permit minor modifications to Planning Code requirements (which may include permitting an increase in the building envelope or a reduction in the number of parking spaces) to the extent necessary and required to bring the replacement building up to such applicable Code requirements and to allow replacement of the demolished building with a building which contains a comparable amount of square footage or the same number of residential units as that of the demolished building. The Zoning Administrator shall provide a written determination regarding such permitted Planning Code modifications; and
(2) Such restoration or reconstruction is started within one year after razing or other demolition work on the structure and diligently prosecuted to completion.
(d) Notwithstanding Subsection (a) of this Section, a noncomplying structure as defined in Section 180, may add nonusable space. "Nonusable space" is space not used for living, sleeping, eating, cooking or working. Public corridors, mechanical space, fire stairs and similar areas, are nonusable space. The enlargement must:
(1) Facilitate the adaptive reuse or the rehabilitation of a landmark site or contributory structure within a Historic District designated under Article 10 of this Code or a significant structure or contributory structure within a Conservation District designated under Article 11 of this Code; and
(A) Be necessary to comply with Building Code, Fire Code or Planning Code requirements; or
(B) Enhance the life safety aspects of the building and/or mechanical, environmental control systems; or
(2) Be located within a C-3 District, and:
(A) Be necessary to comply with Building Code, Fire Code or Planning Code requirements; or
(B) Enhance aesthetic qualities and/or character; or
(C) Enhance the life safety aspects of the building and/or mechanical, environmental control systems; or
(3) Application for enlargement of a non-complying structure under Subsection (d)(1) shall be considered as part of an application for a Certificate of Appropriateness under Article 10 or a Permit to Alter under Article 11 of this Code. Any application to enlarge a noncomplying structure under Article 11 shall be considered as a major alteration under Section 1111 of the Planning Code. Application to alter a noncomplying structure not designated an Article 11 significant or contributory building under Subsection (d)(2) shall be considered under the provisions of Section 309(b) of this Code. These applications shall be subject to the following additional criteria:
(A) That the enlargement promote the health, safety and welfare of the public; and
(B) That the enlargement not cause significant shadows or wind impacts on public sidewalks and parks; and
(C) That the structure provides an appropriate transition to adjacent properties, as necessary; and
(D) That the interior block open space formed by the rear yards of abutting properties will not be adversely affected; and
(E) That the access of light and air to abutting properties will not be significantly affected; and
(F) That public view corridors not be significantly affected; and
(4) The City Planning Commission, subject to the same application procedures of Section 188(d)(3) above, may grant an exception to the Planning Code requirements rather than expansion of the structure to accommodate the Planning Code requirements. The exception of the Planning Code requirement shall be subject to the criteria below:
(A) That the exception promote the health, safety and welfare of the public; and
(B) That the exception result in an increased benefit to the public and the adjacent properties over the increase in nonconformance; and
(C) That the exception not be detrimental to either the occupants of the proposed project or to the neighborhood.
(e) Historic Movie Theater Marquees and Projecting Signs. Notwithstanding Subsection (a) of this Section, and in order that certain character-defining architectural elements of Qualified Movie Theaters be preserved and enhanced, a noncomplying Historic Movie Theater Projecting Sign, as defined in Section 602, and/or a noncomplying Historic Movie Theater Marquee, as defined in Section 602, may be preserved, rehabilitated, or restored. A noncomplying Historic Movie Theater Projecting Sign or a noncomplying Historic Movie Theater Marquee removed from a Qualified Movie Theater prior to or in absence of an application for replacement may be reconstructed.
(1) For the purposes of this Section, “Qualified Movie Theater” shall mean a building that: (A) is currently or has been used as a Movie Theater; and (B) is listed on or eligible for listing on the National Register of Historic Places or the California Register of Historical Resources, designated a City Landmark or a contributor to a City Landmark District under Article 10, or designated as a Significant or Contributory Building under Article 11.
(2) Any preservation, rehabilitation, restoration, or reconstruction permitted under this Section shall be in strict conformity with the overall design, scale, and character of the existing or previously existing Historic Movie Theater Sign or Historic Movie Theater Marquee and:
(A) For a Qualified Movie Theater that retains its Historic Movie Theater Projecting Sign and/or Historic Movie Theater Marquee, the signage features shall be limited to the following:
(i) On a Historic Movie Theater Projecting Sign, the historic name associated with a previous theater occupant;
(ii) On a Historic Movie Theater Marquee, the historic name associated with a previous theater occupant and, where applicable, on the signboard, other information that is an Identifying Sign, as defined in Section 602, provided such information shall be contained within the signboard, shall not consist of any logos, and shall be in the character of lettering historically found on Movie Theater signboards in terms of size, font, and detail.
(B) For a Qualified Movie Theater where the Historic Movie Theater Projecting Sign and/or Historic Movie Theater Marquee has been removed and is proposed to be reconstructed, the overall design and signage features shall be limited to the following:
(i) On a Historic Movie Theater Projecting Sign, the historic name associated with a previous theater occupant;
(ii) On a Historic Movie Theater Marquee, the historic name associated with a previous theater occupant and, where applicable, on the signboard, other information that is an Identifying Sign, as defined in Section 602, provided such information shall be contained within the signboard, shall not consist of any logos, and shall be in the character of lettering historically found on Movie Theater signboards in terms of size, font, and detail.
(C) Any application to reconstruct shall include evidence of the dimensions, scale, materials, placement, and features of the previously existing Historic Movie Theater Projecting Sign and/or Historic Movie Theater Marquee, as well as any other information required by the Zoning Administrator.
(D) General advertising signs shall not be permitted on either a Historic Movie Theater Projecting Sign or a Historic Movie Theater Marquee.
(f) Notwithstanding Subsection (a) of this Section 188, a secondary structure that is noncomplying with respect to the maximum floor area ratio limit may be removed, in whole or in part, and reconstructed pursuant to the criteria below. For purposes of this Subsection (f), a secondary structure means a structure located on a lot with two or more structures that has no more than one-quarter of the gross floor area of the primary structure on the lot.
(1) The proposed removal and reconstruction shall:
(A) Be located within a C-3-R District on Block 295, Lot 16;
(B) Promote and enhance the C-3-R District as a retail destination;
(C) Result in an increased benefit to the public and the adjacent properties;
(D) Enhance the aesthetic qualities and/or character of the lot;
(E) Result in a net decrease of gross floor area of all structures on the subject property;
(F) Result in a structure that more closely conforms to the floor area ratio limit;
(G) Not result in an adverse impact to a historic resource;
(H) Not cause significant shadows or wind impacts on public sidewalks or parks;
(I) Not obstruct significant public view corridors; and
(J) Not significantly impair light and air to abutting properties.
(2) An application for removal and reconstruction of a non-complying secondary structure shall be considered under the provisions of Section 309(b) of this Code.
(g) Notwithstanding subsection (a) of this Section 188, Terrace Infill, defined as new floor area or building volume located within an existing terrace may be permitted on a noncomplying structure, as defined in Planning Code Section 180, that is designated as a Significant Building under Article 11 of this Code, notwithstanding otherwise applicable height, floor area ratio, and bulk limits, as follows: on Assessor’s Block 0316, Terrace Infill may be permitted to be enclosed within an existing terrace that is already framed by no less than one wall; and on Assessor’s Block 3707, Terrace Infill may be permitted within an existing rooftop terrace that is behind a parapet at least 17 feet in height along the primary building frontage. An application for Terrace Infill shall be considered a Major Alteration under Section 1111.1 of this Code and shall be subject to the applicable provisions of Article 11 of this Code, including but not limited to the requirement to apply for and procure a Permit to Alter. As part of the Historic Preservation Commission’s consideration of such application, in addition to other requirements set forth in this Code, the facts presented must establish that the Terrace Infill (1) would not be visible from the primary building frontage, and (2) would not exceed 1,500 net new square feet per building. Unless the Board of Supervisors adopts an ordinance extending the term of this subsection (g), it shall expire by operation of law on January 31, 2028. After that date, the City Attorney shall cause this subsection to be removed from the Planning Code.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 268-91, App. 6/26/91; Ord. 227-92, App. 7/14/92; Ord. 242-08, File No. 071431, App. 10/30/2008; Ord. 224-11
, File No. 110590, App. 11/15/2011, Eff. 12/15/2011; Ord. 25-14, File No. 131059, App. 3/17/2014, Eff. 4/16/2014; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 11-17, File No. 161068, App. 2/3/2017, Eff. 3/5/2017; Ord. 211-19, File No. 190702, App. 9/20/2019, Eff. 10/21/2019; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 146-25, File No. 250284, App. 8/5/2025, Eff. 9/5/2025)
AMENDMENT HISTORY
Division (b) amended; Ord. 224-11
, Eff. 12/15/2011. Division (f) added; Ord. 25-14, Eff. 4/16/2014. Division (e) amended; Ord. 217-16, Eff. 12/10/2016. Division (g) added; Ord. 11-17, Eff. 3/5/2017. Division (g) removed; Expired 1/31/2019. Section header and division (a) amended; new division (g) added; Ord. 211-19, Eff. 10/21/2019. Division (c) amended; Ord. 33-24, Eff. 3/23/2024. Division (a) amended; divisions (a)(1)-(2) added; Ord. 146-25, Eff. 9/5/2025.