SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS.

   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 the nearest Named Neighborhood Commercial District described in Article 7 of this Code or any of the Restricted Use Subdistricts specified in subsection (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 Named Neighborhood Commercial District or any of the Restricted Use Subdistricts specified in subsection (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;

         (B)   the nearest Named Neighborhood Commercial District within one-quarter of one mile of the use, as set forth in Sections 714 through 748 and 753 through 764 of this Code; or

         (C)   Any of the specified Restricted Use Subdistricts specified in subsection (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; the Lower Polk Street Alcohol Restricted Use District set forth in Section 788 of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section 786 of this Code; and the Mission Street Formula Retail Restaurant Subdistrict as set forth in Section 781.5 of this Code.

      (4)   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)   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, 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; and

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

   (c)   Formula Retail Uses. All uses meeting the definition of "formula retail" use per Section 303.1 shall not be permitted except by conditional use authorization under the procedures of Section 303 of this Code.

   (d)   Street Frontage. In addition to the requirements of Section 144 of this Code, the requirements of Section 145.1(c)(6) and (7) shall apply.

   (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 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.

   (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 with conditional use authorization under Section 303. In approving such a use and in addition to the findings required by Section 303, the Planning Commission shall find 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.

   (h)   Other Applicable Provisions. 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; 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)

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.