SEC

SAN FRANCISCO PLANNING CODE SECTIONS 170 THROUGH 189

SEC. 170. APPLICABILITY OF REQUIREMENTS.

In their interpretation and application, the pro-visions 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with any existing provisions of law, ordinance or the San Francisco Municipal Code, except such as are specifically repealed by this Code; provided, however, that where this Code imposes a greater restriction upon any use, activity or feature, or with respect to any land or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.

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 Public Works (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)

SEC. 172. COMPLIANCE OF STRUCTURES, OPEN SPACES AND OFF-STREET PARKING AND LOADING REQUIRED.

(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 by this Code, or less off-street parking space or loading space, than permissible under the limitations set forth herein for the district or districts in which such structure is located.

(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.

(e) Any structure containing one or more live/ work units on the effective date of Ordinance No. 412-88 (effective October 10, 1988) must provide off-street parking for live/work units, but only to the extent of: (1) any off-street parking which existed on the lot on said effective date, and, in addition, (2) the amount of off-street parking which would be required for any increase in the number of live/work units within the structure since the effective date. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 412-88, App. 9/10/88)

SEC. 173. COMPLIANCE OF LOTS REQUIRED.

(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.

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.

(a) No application for a building permit or other permit or license, or for a permit of Occupancy, shall be approved by the Department of City Planning, 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. (Added by Ord. 443-78, App. 10/6/78)

SEC. 175.1. TRANSITIONAL INTERIM EXTENSION OF PLANNING CODE PROVISIONS FOR PERMITS APPROVED PRIOR TO ADOPTION OF AMENDMENTS IMPLEMENTING THE DOWNTOWN PLAN.

(a) Intent. It is the intent of this Section to pro-vide for an orderly transition from prior zoning and planning requirements to the requirements imposed in implementing the Downtown Plan (Ordinance No. 414-85), without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of such Ordinance. This Section shall be construed liberally to accomplish its purpose.

(b) Effect of Amendments. Notwithstanding the provisions of Sections 175 or 302 or any other provision of this Code, but subject to the provisions set forth in the last sentence of this Subsection, any project that has received one or more approvals by the City Planning Commission or the Zoning Administrator, whether by approval of an application for a building permit, site permit, conditional use, variance, or other license (other than approvals that are required as part of the environmental review process), prior to the effective date of Ordinance No. 414-85, shall continue to be governed by the provisions of this Code in effect at the time of such approval; provided, however, that such permit or permit application is subject to any time limits imposed pursuant to the Building Code or as a condition of approval of the project. If the project has received more than one type of approval, the approval that is referred to herein is the first. The provisions of this Subsection shall apply to such project even if the project is modified, after the effective date of Ordinance No. 414-85; provided, however, that any modification resulting in a change of use or increase in square footage may be approved only as a conditional use by the City Planning Com-mission, and in no case may an increase of square feet in excess of 15,000 be allowed. Any project for which a public hearing was held on a Draft Environmental Impact Report prior to May 9, 1985 and for which Responses to Comments were published on or before July 1, 1985, which project receives its first approval by the City Planning Commission, as approval is described in this Subsection, after July 1, 1985, shall be subject to all of the provisions of Ordinance No. 414-85, other than Sections 320 through 324 (except that Section 321(a)(2) applies).

(c) Expiration. The exemption provided by this Section shall terminate with respect to a project (1) six months after the effective date of Ordinance No. 414-85, or (2) 24 months after the date of approval of the project (as the term “approval” is described in Subsection (b) above) or, if more than one approval has been given, of the first approval of the project, or (3) with respect to projects which are reconsidered by the City Planning Commission as a result of any administrative or judicial appellate process, 24 months after the date of the first hearing by the Commission regarding such reconsideration, whichever of Subsections (c)(1), (2) or (3) is later. The time periods provided in Subsections (c)(1) and (2) shall be tolled during any period in which the project sponsor was legally prevented from commencing or proceeding under the project approval due to court order, legislative moratorium, or other similar events. (Amended by Ord. 414-85, App. 9/17/85)

SEC. 175.2. EXEMPTION FROM APPLICATION OF AMENDMENTS IMPLEMENTING THE DOWNTOWN PLAN.

(a) Exemptions.

(1) The amendments to Section 124 of this Code contained in Ordinance No. 414-85 shall not apply to projects for the substantial rehabilitation and adaptive reuse of buildings designated as landmarks by the Board of Supervisors pursuant to Article 10 of this Code and for which a building permit application and an application for environmental review have been filed with the Department of City Planning prior to October 11, 1984.

(2) The amendments of this Code contained in Ordinance No. 414-85 shall not apply to:

(A) Integrated development projects involving the substantial rehabilitation and adaptive reuse of buildings designated as landmarks by the Board of Supervisors pursuant to Article 10 of this Code and for which a building permit application and an application for environmental review have been filed with the Department of City Planning prior to October 11, 1984. “Integrated development” means a project involving several buildings which are integrated with rehabilitation of a landmark designated pursuant to Article 10 of this Code and which are located on sites that, but for separations by a street or alley, are adjacent to such landmark; or

(B) The relocation, substantial rehabilitation and adaptive reuse of buildings designated as landmarks by the Board of Supervisors pursuant to Article 10 of this Code and for which an application for a certificate of appropriateness to demolish or relocate and an application for environmental review have been filed with the Department of City Planning prior to October 11, 1984.

(b) Conditional Use Requirement. Applications for a permit authorizing a project covered by Sub-section (a) may be approved only as a conditional use. In addition to the criteria set forth in Planning Code Section 303, the City Planning Commission shall consider the provisions of Ordinance No. 414-85 insofar as they govern:

(A) Density, height, bulk and setbacks;

(B) Off-street loading facilities;

(D) Open space;

(E) Sunlight access;

(F) Pedestrian circulation;

(G) Streetscape; and

(H) Preservation of architecturally Significant and Contributory Buildings. (Added by Ord. 414-85, App. 9/17/85)

SEC. 175.3. EXEMPTION OF THE YERBA BUENA CENTER REDEVELOPMENT PROJECT AREA.

The amendments of this Code contained in Ordinance No. 414-85, other than Code Sections 320 through 324, shall not apply in the Yerba Buena Center Redevelopment area as described in Ordinance No. 538-81. Provisions of this Code which, pursuant to the provisions of the Yerba Buena Center Redevelopment Plan, were applicable to the Yerba Buena Center Redevelopment area prior to the effective date of Ordinance No. 414-85 shall remain in full force and effect with respect to Yerba Buena Center Redevelopment area. (Added by Ord. 414-85, App. 9/17/85)

SEC. 175.4. EXEMPTION OF THE RINCON POINT SUBAREA OF THE RINCON POINT- SOUTH BEACH REDEVELOPMENT AREA.

The amendments of this Code contained in Ordinance No. 414-85 other than Code Sections 320 through 324 shall not apply in the Rincon Point Sub-area of the Rincon Point-South Beach Redevelopment Area as described in Ordinance No. 50-84. Provisions of this Code which, pursuant to the provisions of the Rincon Point-South Beach Redevelopment Plan, were applicable to the Rincon Point Sub-area prior to the effective date of Ordinance No. 414-85 shall remain in full and effect with respect to the Rincon Point Sub-area of the Rincon Point-South Beach Redevelopment area. (Added by Ord. 414-85, App. 9/17/85)

SEC. 175.5. TRANSITIONAL EXTENSION OF INTERIM PLANNING CODE PROVISIONS FOR PROJECTS APPROVED PRIOR TO ADOPTION OF AMENDMENTS IMPLEMENTING THE NEIGHBORHOOD COMMERCIAL REZONING PROPOSAL.

(a) Intent. It is the intent of this Section to provide for an orderly transition from prior interim zoning and planning requirements to the requirements imposed in implementing the Neighborhood Commercial Rezoning Proposal (Ordinance 69-87), without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of such Ordinance.

(b) Effect of Amendments. Notwithstanding the provisions of Sections 175 or 302 or any other provision of this Code, any project that has received either (1) a conditional use authorization on or before March 19, 1987, or (2) a conditional use authorization on or before April 16, 1987, which authorization was made contingent upon the adoption of an amendment to the provisions of the Planning Code regulating Neighborhood Commercial districts by the Board of Supervisors, shall continue to be governed by the restrictions set forth in interim Neighborhood Commercial zoning controls imposed by City Planning Commission Resolution No. 10779, and ratified by the Board of Supervisors on October 27, 1986, for purposes of receiving any demolition permit, building permit, site permit or other authorization necessary to achieve the project authorized pursuant to such conditional use authorization; provided, however, that any modifications in the project which exceed the scope of the conditional use authorization will be subject to any then-applicable laws. (Added by Ord. 344-87, App. 8/21/87)

SEC. 175.6. EFFECTIVE DATE OF SOUTH OF MARKET ZONING CONTROL AMENDMENTS.

Any permit, including a building permit, site permit, police permit, conditional use, variance or other license, for property located in the South of Market Base District for which any application was filed prior to March 31, 1990 and approved by the Department of City Planning no later than December 31, 1990 shall be governed by the provisions of the City Planning Code in effect prior to adoption of the South of Market zoning control amendments to the Planning Code; provided, however, that such permit or permit application is subject to any City Planning Commission discretionary review policy in effect upon the date of application for any such permit; such permit is subject to any time limits imposed pursuant to the Building Code or as a condition of approval of the project; and further provided that modifications in the project which exceed the scope of such approval shall be subject to any then-applicable laws. (Added by Ord. 115-90, App. 4/6/90)

SEC. 176. ENFORCEMENT AGAINST VIOLATIONS.

(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 notice requiring the cessation, removal or correction of any violation of this Code upon the owner, agent or tenant of the property that is the subject of the violation, or upon the architect, builder, contractor or 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;

(3) Calling upon the District Attorney to institute criminal proceedings in enforcement of this Code against any such violation; and

(4) Calling upon the Chief of Police and authorized agents to assist in the enforcement of this Code.

(1) 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 a civil penalty, not to exceed $500 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. Any penalty assessed and recovered in an action brought pursuant to this Paragraph shall be paid to the Treasurer of the City and County of San Francisco.

(2) 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 exceeding $500 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.

(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. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 71-01, File No. 001391, App. 5/18/2001)

SEC. 178. CONDITIONAL USES.

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 authorization or, if no time limit was specified, within a reasonable time from the date of authorization; or

(2) Any use or feature which is classified as a conditional use in the district in which it is located and which 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 authorization, 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) Enlargements or Alteration. 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. With regard to an Internet Services Exchange as defined in Section 209.6(c), any physical alteration which 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 which will require a permit from the Department of Building Inspection shall be deemed to be significant under this section.

(d) Abandonment. A permitted conditional use which 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, the period of nonuse for a permitted conditional use to be deemed discontinued in the North Beach Neighborhood Commercial District shall be eighteen (18) months.

(e) Changes in Use. The following provisions shall apply to permitted conditional uses with respect to changes in use:

(1) A permitted conditional use may be changed to another use listed in Articles 2, 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 Articles 2, 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 Articles 2, 7 or 8 of this Code. 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.

(5) In the North Beach Neighborhood Commercial District, any use that exceeds the use size provisions of Section 121.2(a) or 121.2(b) may be changed to a new use only upon approval of a new conditional use application. The Commission's approval of such conditional use application shall explicitly address the use size findings of Section 303(c).

(6) In the Castro Street Neighborhood Commercial District, any use that exceeds the use size provisions of Section 121.2(a), but is smaller than the maximum use size limit of Section 121.2(b), may be changed to a new use only upon approval of a new conditional use application. The Commission's approval of such conditional use application shall explicitly address the use size findings of Section 303(c).

(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 one year 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 Superintendent of the Bureau 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)

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:

(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. 180. NONCONFORMING USES, NONCOMPLYING STRUCTURES AND SUBSTANDARD LOTS OF RECORD: GENERAL.

The following provisions shall apply to non-conforming uses, noncomplying structures and substandard lots of record:

(a) 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) 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) 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) 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) Any structure or use for which a permit was lawfully granted prior to May 2, 1960, pursuant to the City 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 non-complying structure or a nonconforming use.

(f) Except as specifically provided in this Code to the contrary, every nonconforming use, non-complying 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) 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. (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)

SEC. 181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION.

The following provisions shall apply to non-conforming uses with respect to enlargements, alterations and reconstruction:

(a) 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, unless the result will be elimination of the nonconforming use, except as provided in Paragraph (b)(3) below and 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) 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) and (g) 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 Public Works, 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) A dwelling or other housing structure exceeding the permitted density of dwelling units or other housing units set forth in Sections 207.5, 208, 209.1 or 209.2 of this Code for the district in which it 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. This Section 181 shall 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 which exceed the permitted density. Any dwelling unit or other housing unit coming within the density limit shall not be affected by this Section 181. Except as provided in Section 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 of Section 209.1 or Section 209.2.

(d) 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 one year 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 pro-vided 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, any dwelling unit or other housing unit in a structure that has, in whole or substantial part, been determined by the Director of Public Works to be unsafe to occupy or that will require substantial repair due to damage caused by the earthquake that occurred in San Francisco on October 17, 1989 and its associated aftershocks, may be restored and recorded as a lawfully permitted unit even if its prior lawful existence cannot be established if (1) the permit applicant can demonstrate to the satisfaction of the Zoning Administrator that the unit has been occupied within one year prior to the earthquake, and (2) the unit is brought into compliance with the Building Code, Housing Code, Fire Code and any applicable requirements of State and Federal law. Any dwelling unit or other housing unit legalized pursuant to this Subsection shall be offered to the previous tenant, or if that tenant does not desire to reoccupy such unit, to any tenant on reoccupancy at the rent which was charged prior to the earthquake. If the amount of rent cannot be established to the satisfaction of the Zoning Administrator, the Zoning Administrator shall set a rent that is affordable to households making 80 percent of the median income in San Francisco, according to guidelines established by the Mayor's Office of Housing.

(e) In order that major life safety hazards in structures may be eliminated as expeditiously as possible, a structure containing nonconforming uses and construc-ted 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 there is no increase in any nonconformity, or any new nonconformity, with respect to the use limitations of this Code; provided further that the current requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met; and provided further that such restoration or reconstruction is started within one year after razing or other demolition work on the structure and diligently prosecuted to completion.

(f) A nighttime entertainment use within the South of Market RSD or SLR 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 Sections 303 and 316 of this Code; (2) the use as a whole meets the parking and signage requirements, floor area ratio limit, height and bulk limit, and all other requirements of this Code which would apply if the use were a permitted one; and (3) the provisions of Section 803.5(h) of this Code are satisfied.

(g) 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. (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; amended by Ord. 227-92, App. 7/14/92)

SEC. 182. NONCONFORMING USES: CHANGES OF USE.

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 activities within the South of Market RSD or SLR Districts and in Subsection (f) below. 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.

(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) A nonconforming use in a Residential District (other than a Residential-Commercial Combined District or an RED District), which use is located more than ¼ mile from the nearest Individual Area Neighborhood Commercial District or Restricted Use Subdistrict described in Article 7 of this Code, may change to another use which is permitted as a principal use at the first story and below in an NC-1 District, or it may change to another use which is permitted as a conditional use at the first story and below in an NC-1 District only upon approval of a conditional use application pursuant to the provisions of Article 3 of this Code. The nonconforming use shall comply with other building standards and use limitations of NC-1 Districts, as set forth in Sections 710.10 through 710.95 of this Code.

If the nonconforming use is located within ¼ mile from any Individual Area Neighborhood Commercial District or Restricted Use Subdistrict described in Article 7 of this Code, the nonconforming use may change to another use which is permitted as a principal use at the first story and below in an NC-1 District and in the Individual Area Neighborhood Commercial District or Restricted Use Subdistrict or Districts within ¼ mile of the use, or it may change to another use which is permitted as a conditional use at the first story and below in an NC-1 District and in the Individual Area Neighborhood Commercial District or Districts within ¼ mile of the use only upon approval of a conditional use application pursuant to the provisions of Article 3 of this Code. The nonconforming use shall comply with other building standards and use limitations of NC-1 Districts and any Individual Area NC District or Districts located within ¼ mile of the use, as set forth in Article 7 of this Code.

(2) A nonconforming use in a Residential-Commercial Combined District may be changed to another use listed in Articles 2 or 7 of this Code as a principal use for the district in which the existing use would first be permitted as a principal or conditional use.

(3) 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.

(4) A nonconforming use in any district other than a Residential or Neighborhood Commercial District may be changed to another use listed in Articles 2 or 7 of this Code as a principal use for the district in which the existing use would first be permitted as a principal use. This provision shall not apply in the Residential Subdistrict of the Rincon Hill Special Use District.

(5) A nonconforming use in any South of Market District may not be changed to an office, retail, bar, restaurant, nighttime entertainment, adult entertainment, hotel, motel, inn, hostel, or movie theater use in any district where such use is otherwise not permitted or conditional, except as provided in Subsection (g) below.

(c) A nonconforming use may be changed to ause listed in Articles 2 or 7 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, without the necessity of specific authorization by the City Planning Commission except where major work on a structure is involved, 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 in Articles 2, 7 or 8 of this Code 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 in an R District subject to termination under the provisions of Section 185 of this Code may be converted to a dwelling unit without regard to the requirements of this Code with respect to dwelling unit density under Article 2, dimensions, areas and open space under Article 1.2, or off-street parking under Article 1.5, 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) Any nonconforming use in an RED District may change to any use falling within zoning categories 816.36, 816.42 through 816.47, 816.55, or 816.64 through 816.67, subject to the applicable provisions of this Code other than those controlling uses, and the new use may thereafter continue as a nonconforming use.

(g) 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, except that:

(1) Any area which is used as a live/work unit shall be allowed to return to its former nonconforming status.

(2) Within any South of Market District, any area occupied by a nonconforming office use which is changed to an arts, home and/or business service use falling within zoning categories 102.2 or 816.42 through 816.47 or a wholesale, storage or light manufacturing use falling within zoning categories 816.64 through 816.67 shall be allowed to return to its former nonconforming office use.

(3) Upon restoration of a previous nonconforming use as permitted by Subsection (1) or (2) above, any modification, enlargement, extension, or change of use, from circumstances which last lawfully existed prior to the creation of the live/work unit, or prior to the change from office use, shall be subject to the provisions of this Article, and the restored non-conforming use shall be considered to have existed continuously since its original establishment, prior to the live/work unit or change to office use, for purposes of this Article.

(h) If a nonconforming use has been wrongfully changed to another use in violation of any of the fore-going 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. (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)

SEC. 183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT.

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. Where a massage establishment is nonconforming for the reason that it is within 1,000 feet of another such establishment under Section 218.1 of this Code or because it is no longer permitted within the district, discontinuance for a continuous period of three months or change to a conforming use shall constitute abandonment. (Amended by Ord. 186-84, App. 5/4/84; Ord. 292-98, App. 10/2/98)

SEC. 184. SHORT-TERM CONTINUANCE OF CERTAIN NONCONFORMING USES.

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) Any 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);

(b) Any use of a type first permitted as a principal or conditional use in an NC, 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 which is later than the expiration date stated above; or

(2) Any lawful use in this category which 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 which 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 City Planning Commission as a conditional use as regulated in Section 303 of this Code. (Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87)

SEC. 185. CONTINUANCE OF OTHER NONCONFORMING USES.

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 City 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 City 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.

(f) The Zoning Administrator shall give notice by mail of the date of expiration of the periods of permitted continuance specified herein to each owner of record within four years of the effective date of this Code, or of the date of the amendment which caused the use to become nonconforming, and shall repeat such notice at approximate intervals of four years thereafter. A final notice shall be given one year before said date of expiration in each instance. The notices shall set forth all pertinent provisions of this Section, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record, or where no Permit of Occupancy for a nonconforming use covered by this Section has been issued as provided in Section 171 of this Code, shall not invalidate any proceedings under this Section. (Amended by Ord. 470-79, App. 9/28/79; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90)

SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES.

The purpose of this Section is to provide for the further continuance in R 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) 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 RH or RM District which is located more than ¼ mile from the nearest Individual Area Neighborhood Commercial District or Restricted Use Subdistrict described in Article 7 of this Code, and which complies with the use limitations specified for the first story and below of an NC-1 District, as set forth in Sections 710.10 through 710.95 of this Code.

(2) Any nonconforming use in an RH or RM District which is located within ¼ mile from any Individual Area Neighborhood Commercial District or restricted use subdistrict and which complies with the most restrictive use limitations specified for the first story and below of:

(A) NC-1 District, as set forth in Sections 710.10 through 710.95 of this Code; and

(B) Any Individual Area Neighborhood Commercial District within ¼ mile of the use, as set forth in Sections 714.10 through 729.95 of this Code;

(3) In the RED Districts, any nonconforming use which is a personal service use falling within zoning category 816.31; home and business service use falling within zoning categories 816.42 through 816.47; live/work unit falling within zoning category 816.55; wholesale sales, storage or light manufacturing uses falling within zoning categories 816.64 through 816.67.

(b) 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 Article 6 of this Code applying to nonconforming 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.;

(4) No public sidewalk space shall be occupied in connection with the use;

(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; and

(7) All other applicable provisions of this Code shall be complied with.

(c) Any use affected by this Section which 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 which is in compliance 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.

(d) The provisions for nonconforming uses contained in Sections 180 through 183 shall continue to apply to all uses affected by this Section 186, except that the cost limit for structural alterations contained in Section 181(b)(4) shall not be applicable thereto. (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)

SEC. 186.1. EXEMPTION OF NONCONFORMING USES IN NEIGHBORHOOD COMMERCIAL DISTRICTS.

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. A nonconforming use may not be significantly altered, enlarged or intensified, except upon approval of a conditional use application pursuant to the provisions of Article 3 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.

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.

(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 permitted principal 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, subject 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 use described in zoning categories .41, .42, .43 or .44, as defined in Sections 790.22, 790.92, 790.90 and 790.91, respectively, may change to another use described in zoning categories .41, .42, or .44, 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 use described in zoning categories .51, .52 or .53, as defined in Sections 790.114, 790.116 and 790.108 respectively, may change to another use described in zoning categories .51, .52 or .53, even though such other use is not permitted in that Neighborhood Commercial District.

(C) Any use described in zoning categories .57, .58 or .59, as defined in Sections 790.14, 790.17 and 790.15 respectively, may be demolished and reconstructed as the same use or may change to another use described in zoning categories .57, .58 or .59, 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 Paragraph 3 shall include remodeling activities involving the demolition and replacement of structures which result in a change of use.

(4) In the North Beach Neighborhood Commercial District, any use that exceeds the use size provisions of Section 121.2(a) or 121.2(b) may be changed to a new use only upon the approval of a new conditional use application. The Commission's approval of such conditional use application shall explicitly address the use size findings of Section 303(c).

(5) In the Castro Street Neighborhood Commercial District, any use in this district that exceeds the maximum use size limit of Section 121.2(b), may be not changed to a new use. The only method for changing a nonconforming use identified in this Subsection is to reduce the nonconforming use:

(A) to a conforming use size or

(B) to a size specified in Subsection 121.2(a) pursuant to conditional use authorization.

Notwithstanding the above, any use in this District that exceeds the maximum use size limit of Section 121.2(b) and is categorized in the Other Retail Sales and Services zoning classification, as defined in Section 790.102, may change to another use category enumerated in Section 790.102 as long as the use size is not increased and the Commission approves a conditional use application for such change. The Commission's approval of such conditional use application shall explicitly address the use size findings of Section 303(c).

(d) Discontinuance. A nonconforming use which is discontinued for a period of three years, or otherwise abandoned or changed to another use which 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. For purposes of this Subsection, the period of nonuse for a nonconforming use to be deemed discontinued in the North Beach and Castro Street Neighborhood Commercial Districts shall be eighteen (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 islocated, the establishment and operation of a new use of the same type of use as the relocated use, unlesssuch 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)

SEC. 186.2. EXCEPTIONS FOR PRE-EXISTING STRUCTURES IN NEIGHBORHOOD COMMERCIAL DISTRICTS FROM CERTAIN LIMITATIONS ON UPPER-STORY USES IMPOSED UNDER ARTICLE 7.

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. 187. GARMENT SHOPS AND GARMENT FACTORIES AS NONCONFORMING USES.

(a) A garment shop or a garment factory (as defined in the Building Code), existing on January 1, 1960, and located either in a commercial district or in a building having legal nonconforming commercial status under provisions of the City Planning Code in force on that date, shall be regarded as a legal nonconforming use under provisions of the City Planning Code becoming effective on May 2, 1960, if such shop or factory was brought into compliance with all applicable codes and ordinances prior to January 1, 1961. Permits of Occupancy must have been obtained prior to January 1961, by such shop or factory, and any shop or factory which failed to comply with all applicable codes and ordinances prior to that date shall have closed and discontinued all operations.

(b) Garment shops and garment factories located in an R District, except those having legal non-conforming status, shall have closed and ceased all operations by January 1, 1961.

(c) Garment shops and garment factories having legal nonconforming status in R, NC, and C Districts shall be subject to the provisions of Sections 180 through 185 of this Code as nonconforming uses. No such use shall be intensified by installation of additional machines. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87)

SEC. 187.1. SERVICE STATIONS AND GASOLINE STATIONS AS LEGAL NONCONFORMING USES.

(a) As used in this Section, “automotive service station” shall mean an establishment that sells and dispenses gasoline and other motor fuels and lubricating fluids directly into motor vehicles and which may, in addition, provide the types of services specified in Section 223(f) and 223(g) of this Code.

(b) Notwithstanding any other provision of this Code, an automotive service station located in an R 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 continues to sell and dispense gasoline and other motor fuels and lubricating fluids directly into motor vehicles.

(c) An automotive service station regarded as a legal nonconforming use under Subsection (b) of this Section may enlarge or intensify its current service station operations provided the station receives conditional use approval for such enlargement or intensification under Section 303 of this Code. Conditional use authorizations issued pursuant to this Section shall not contain termination dates. (Added by Ord. 362-90, App. 11/6/90)

SEC. 188. NONCOMPLYING STRUCTURES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION.

(a) Within the limitations of this Article 1.7, and especially Sections 172 and 180 hereof, 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.

(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 one year 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.

(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. 227-92, 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

(D) Accommodate rooftop features exempted from height limits under Section 260(b) or as provided for under Sections 270, 271 or 272 of this Code.

(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

(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. (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)

SEC. 189. SUBSTANDARD LOTS OF RECORD: CONSTRUCTION AND OTHER ACTIONS.

(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)

Disclaimer:

This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.