SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR.

   In addition to those specified in Sections 302 through 306 of this Code, the Zoning Administrator shall have the following powers and duties in administration and enforcement of this Code.

   (a)   Rules, Regulations and Interpretations. The Zoning Administrator shall, consistent with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this Code. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the permanent public records of the Planning Department. The Zoning Administrator shall respond to all written requests for determinations regarding the classification of uses and the interpretation and applicability of the provisions of this Code.

   (b)   Compliance with This Code. The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this Code, through review of permit applications, surveys and record-keeping, enforcement against violations as described in Section 176, and other means.

   (c)   Inspection of Premises. In the performance of any prescribed duties, the Zoning Administrator and employees of the Planning Department authorized to represent the Zoning Administrator shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction.

   (d)   Code Maintenance. The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this Code, for the purpose of recommending necessary changes to the Director of Planning and the Planning Commission.

   (e)   Exercise of Powers and Duties by Others. In cases where absence, incapacity, vacancy of the office, conflict of interest or other sufficient reasons prevent action by the Zoning Administrator, the Director of Planning may designate any officer or employee of the Department to carry out any function of the Zoning Administrator so affected.

   (f)   Cooperation With Other Departments. The Zoning Administrator shall furnish to the various departments, officers and employees of the City vested with the duty or authority to issue permits or licenses (including but not limited to the Department of Public Works, Department of Public Health, Police Department and Fire Department) such information as will insure the proper administration of this Code and of all the rules, regulations, interpretations and other determinations of the Planning Department relative thereto. It shall be the duty of said departments, officers and employees to cooperate with the Zoning Administrator in the performance of the Zoning Administrator's duties, and to assist in the enforcement of the provisions of this Code.

   (g)   Exceptions from Certain Specific Code Standards through Administrative Review in the Chinatown Mixed Use Districts. The Zoning Administrator may allow complete or partial relief from rear yard, open space and wind and shadow standards as authorized in the applicable sections of this Code, when modification of the standard would result in a project better fulfilling the criteria set forth in the applicable section. The procedures and fee for such review shall be the same as those which are applicable to Variances, as set forth in Sections 306.1 through 306.5 and 308.2.

   (h)   Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section.

      (1)   Applicability.

         (A)   Eastern Neighborhood Mixed Use Districts. For projects not subject to Section 329, relief may be provided for the following requirements: rear yard; non-residential open space; off-street loading requirements; and off-street parking limits up to the maximum quantities described in Section 151.1.

         (B)   Dwelling Unit Exposure for Historic Buildings. Relief may also be provided for dwelling unit exposure requirements for buildings which are designated landmark buildings or contributory buildings within designated historic districts per Article 10 of this Code, any building designated Category I-IV per Article 11 of this Code, and/or buildings recorded with the State Historic Preservation Office as eligible for the California Register, when the following criteria are met: (i) literal enforcement of Section 140 would result in the material impairment of the historic resource; and (ii) the project complies with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and/or Section 1006 and any related Article 10 appendices of this Code. This administrative exception does not apply to new additions to historic buildings.

         (C)   Residential Open Space for Historic Buildings. For a landmark building designated per Article 10 of this Code, a contributing building located within a designated historic district per Article 10, or any building designated Category I-IV per Article 11 of this Code, the provision of off-site publicly accessible open space, meeting the requirements of Section 135(h), may be credited toward the residential usable open space requirement.

         (D)   Conversion of Non-conforming Uses to Residential Uses. The Zoning Administrator may modify or waive dwelling unit exposure requirements, rear yard requirements, open space requirements for inner courts, and the substitution of off-site publicly accessible open space for required residential open space, provided:

            (i)   That the residential use, whether dwelling units group housing, or SRO units, are principally permitted in the district or districts in which the project is located;

            (ii)   That the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location; and

            (iii)   That the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met.

         (E)   Better Roofs; Living Roof Alternative. For projects subject to Section 149 and 249.78(d)(3), the Zoning Administrator may waive portions of the applicable requirements as provided in Section 149(e) and 249.78(d)(3)(D), respectively.

      (2)   Procedures. The review of a modification requested under this Section shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations; no additional fee shall be required. Under no circumstances shall such modification provide relief from any fee, including those related to usable open space pursuant to Sections 135(j) and 135.3(d). The provisions of this Subsection (h) shall not preclude such additional conditions as may be deemed necessary by the Zoning Administrator to further the purposes of this Section or other Sections of this Code.

   (i)   Criteria for the Reduction or Modification of Off-Street Parking Requirements. In approving a reduction or modification of off-street requirements authorized by this Code, the Zoning Administrator or the Planning Commission shall consider and apply the following criteria:

      (1)   the reduction in the parking requirement is justified by the reasonably anticipated automobile usage by residents of and visitors to the project; and

      (2)   the reduction in the parking requirement will not be detrimental to the health, safety, convenience, or general welfare of persons residing in or working in the vicinity; and

      (3)   the minimization of conflict of vehicular and pedestrian movements; and

      (4)   the availability of transportation modes other than the automobile; and

      (5)   the pattern of land use and character of development in the vicinity; and

      (6)   such other criteria as the Zoning Administrator deems appropriate in the circumstances of the particular case.

   (j)   Conversion from Student Housing to Non-Student Residential Use. If a residential project no longer qualifies as Student Housing as defined in Planning Code Section 102, the Zoning Administrator may allow the conversion of the Student Housing to any permitted residential use in the zoning district in which the Student Housing is located upon determination that the converted Student Housing has complied with any applicable Inclusionary Affordable Housing Requirements as outlined in Planning Code Section 415.3(c)(5)(C)(iii), and that all other Planning Code requirements applicable to that residential use have been met or modified through appropriate procedures.

   (k)   Waiver or Modification of Required Bicycle Parking. The Zoning Administrator shall conduct the review of any administrative waiver under Section 307(k) as part of, and incorporate into, a related building permit application or other required project authorization and shall not require an additional fee or application.

      (1)   Waiver or Modification of Class 1 Bicycle Parking Requirements.

         (A)   Alternative Locations. The Zoning Administrator may grant approval that Class 1 bicycle parking be located on an offsite lot, under certain circumstances. Uses subject to Section 155.2 may apply for alternative locations approval only when off-street automobile parking does not exist on the subject lot. Existing City-owned buildings subject to 155.3 may apply for alternative locations approval when compliance with subsection 155.3(b) may not be feasible because of demonstrable hardship including when off-street automobile parking does not exist on the subject lot. In acting upon all these cases, the Zoning Administrator shall be guided by the following criteria:

            (i)   Such alternative facilities shall be well lit and secure.

            (ii)   The alternative facility bicycle entrance shall be no more than 500 feet from the entrance of the primary building, unless there are no feasible locations within a 500 foot radius that can be provided. However, in no event shall an alternative location be approved that is farther from the entrance of the building than the closest automobile parking garage.

         (B)   Temporary Exemptions. The Zoning Administrator may issue a temporary exemption for bicycle parking subject to Section 155.3 of this Code for one year, under the following circumstances:

            (i)   For required Class 1 bicycle parking requirements in City-owned and leased buildings, if no feasible alternative parking facility exists nearby that can be approved pursuant to Subsection (k)(1)(A) above, or securing an alternative location would be unduly costly and pose a demonstrable hardship on the Landlord or on the City where the City owns the building. In order to obtain this exemption, the Responsible City Official shall certify to the Zoning Administrator in writing that the Landlord or the City where the City owns the building, will not prohibit Employees from storing a bicycle in a Workspace provided that such bicycles are stored in a way that the Fire Code is not violated and that the normal business of the building is not disrupted. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.

            (ii)   For required bicycle parking in non-accessory automobile garages or lots with 500 or more spaces. In order to obtain this exemption, the Responsible City Official shall provide to the Zoning Administrator in writing an analysis demonstrating that the demand for bicycle parking in that location is less than the amount required by Section 155.3 of this Code. This exemption may only be provided for any required bicycle parking above fifty Class 2 spaces. The exemptions for these garages may be issued for up to one year. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.

      (2)   Temporary Exemptions, Waiver or Modification of Required Class 2 Bicycle Parking. Temporary exemptions for Class 2 bicycle parking shall be granted as allowed in subsection 1(B) above. The Zoning Administrator may administratively waive some or all of the Class 2 bicycle parking requirement in any case when all of findings (A)-(D) are affirmatively met for some or all of the Class 2 requirements:

         (A)   No off-street auto parking is provided on-site in a garage or lot;

         (B)   No on-site publicly-accessible open space is provided where it would be appropriate to locate some or all of the required Class 2 bicycle parking as allowed per Section 155.1(b)(2) of this Code;

         (C)   The provision of on-site Class 2 bicycle parking is not desirable or feasible based on the physical character, pedestrian circulation, historic character or urban design of the building and block;

         (D)   The San Francisco Municipal Transportation Agency, Department of Public Works, or other relevant agency will not grant approval to install Class 2 bicycle racks in the public right-of-way adjacent to the subject lot sufficient to meet the requirements because the bicycle rack would: (i) interfere with utilities or the general public welfare or (ii) adversely affect the design and configuration of existing or planned streetscape improvements.

         (E)   In Lieu Fee in Case of Waiver or Variance for Class 2 Parking. For each required Class 2 bicycle parking space that the Zoning Administrator waives as a result of a variance per Section 305 or waives in accordance with subsection (D)(ii) above, the project sponsor shall pay an in lieu bicycle parking fee as provided by Section 430 et seq. of this Code.

   (l)   Exceptions from Certain Specific Code Standards Through Administrative Review for Accessory Dwelling Units Constructed Pursuant to Section 207(c)(4) of this Code. The Zoning Administrator may allow complete or partial relief from the density limits and from the bicycle parking, rear yard, exposure, and/or open space requirements of this Code when modification of the requirement would facilitate the construction of an Accessory Dwelling Unit, as defined in Section 102 and meeting the requirements of Section 207(c)(4) of this Code.

      (1)   Exposure. The exposure requirements of Section 140 apply, except that subsection (a)(2) may be satisfied through windows facing an open area that is at least 225 square feet, with no horizontal direction being less than nine feet, and that is not required to expand on subsequent floors. Permitted obstructions that are outlined in Section 140 and fire escapes, not projecting more than 4 feet 6 inches, would be allowed in such open area. In considering any request for complete or partial relief from these Code requirements, the Zoning Administrator shall facilitate the construction of such Accessory Dwelling Units to the extent feasible and shall consider any criteria elsewhere in this Section 307 that he or she determines to be applicable. Nothing in this Section shall be interpreted as allowing for an existing nonconforming use to be deemed conforming.

      (2)   Bicycle Parking. The requirements of Sections 155.1 and 155.2 shall apply, except that (A) in a building with no new corridors, an existing three-foot corridor may satisfy the requirement of a legal nonconforming access corridor for purposes of bicycle parking access in existing buildings and (B) vertical bicycle parking may satisfy up to 100% of required bicycle parking.

   (m)   The Zoning Administrator may partially wave the exposure requirements of Section 140(b) for group housing so that when a qualifying window faces an open area per subsection 140(a)(2), such open area may be no less than 15 feet in every horizontal direction and may not be required to expand on subsequent floors.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 49-14, File No. 131063, App. 4/17/2014, Eff. 5/17/2014; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 164-15 , File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 221-16, File No. 160965, App. 11/10/2016, Eff. 12/10/2016, Oper. 1/1/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019)

AMENDMENT HISTORY

Divisions (a), (c), (d), (f), and (h)(1) amended; division (i) added; Ord. 63-11, Eff. 5/7/2011. Division (j) added; Ord. 188-12 , Eff. 10/11/2012. Undesignated introductory paragraph amended; Ord. 56-13 , Eff. 4/27/2013. Division (k) added; Ord. 183-13 , Eff. 9/6/2013. Division (l) added; Ord. 49-14, Eff. 5/17/2014. Division (h) amended; former division (h)(1) amended and redesignated as new divisions (h)(1)(A) and (B); new divisions (h)(1)(C) and (D) added; Ord. 232-14 , Eff. 12/26/2014. Division (j) amended; Ord. 22-15, Eff. 3/22/2015. Division (l) amended; Ord. 30-15 , Eff. 4/25/2015. Division (l) amended; Ords. 161-15 and 162-15 , Eff. 10/18/2015. Division (m) added; Ord. 164-15 , Eff. 10/23/2015. Undesignated introductory paragraph and division (l) amended; Ord. 162-16 , Eff. 9/3/2016. Division (h)(1)(E) added; Ord. 221-16, Oper. 1/1/2017. Undesignated introductory paragraph and division (g) amended; Ord. 129-17, Eff. 7/30/2017. Division (l) amended and redesignated as divisions (l) and (l)(1); division (l)(2) added; Ord. 195-18, Eff. 9/10/2018. Divisions (g) and (h)(1)(E) amended; Ord. 296-18, Eff. 1/12/2019. Division (l) amended; Ord. 116-19, Eff. 7/29/2019.

Editor's Note:
   Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).