SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS.

   (a)   Zoning Control Tables. Each Zoning District in Article 7 has a corresponding Zoning Control Table that details the basic development standards and Use controls for the respective district.  Zoning Control Tables are explained in Section 202.1 of this Code. Permitted or Conditionally permitted Uses and Uses that are not permitted in the zoning districts described in this Section 703 are detailed in the corresponding Zoning Control Tables.

   (b)   Uses in Enclosed Buildings. All permitted uses shall be conducted within an enclosed building in Neighborhood Commercial Districts, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: uses which, when located outside of a building, qualify as an Outdoor Activity Area or Open Air Sales, accessory off-street parking and loading, and other uses listed below which function primarily as open-air uses, or which may be appropriate if located on an open lot, outside a building, or within a partially enclosed building, subject to other limitations of this Article 7 and other sections of this Code.

   Wireless Telecommunications Services Facility

   Public and Private Parking Lots

   Gas Station

   Automotive Service Station

   Automotive Wash

   Automobile Sale or Rental

   Institutional Uses (selected)

   Public Facilities (selected)

   Open Recreation Area

   Outdoor Recreation Area

   Neighborhood and Large Scale Urban Agriculture

   Utility and Infrastructure Uses (selected)

   (c)   Multiple Uses in One Structure. If there are two or more uses in a structure and none is classified under Section 703(d) below as an Accessory Use, then each of these uses will be considered separately as independent Principal, Conditional or temporary uses.

   (d)   Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 102 shall be permitted when located on the same lot. Any Use that does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.

   No Use will be considered accessory to a permitted Principal or Conditional Use that involves or requires any of the following:

      (1)   The use of more than one-third of the total floor area occupied by such use and the Principal or Conditional use to which it is accessory, except in the case of accessory off-street parking and loading and as specified in subsection (d)(3) below as accessory wholesaling, manufacturing, or processing of foods, goods, or commodities.

      (2)   Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site; however, this shall not prohibit take-out food activity which operates in conjunction with a Limited Restaurant, Restaurant, General Grocery, and Specialty Grocery. This shall also not prohibit a Limited Restaurant as an Accessory Use to a permitted Principal or Conditional Use except as specified in subsection (d)(7) below;

      (3)   The wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises of an establishment that does not also use or provide for retail sale of such foods, goods, or commodities at the same location where such wholesaling, manufacturing, or processing takes place, with the following exceptions:

         (A)   In the North Beach Special Use District where such activities are limited to 15% of the total floor area occupied by the Principal or Conditional Use to which it is accessory unless the Principal or Conditional Use is Specialty Foods Manufacturing as defined in Section 780.3 of this Code; and

         (B)   Notwithstanding the floor area limitation in subsection (d)(1), a Catering Use limited to food and beverage Catering shall be permitted as an Accessory Use to Limited Restaurants if the following requirements are met:

            (i)   The Catering Use does not operate more than 75% of the total time within the Limited Restaurant’s Hours of Operation on any given day; and

            (ii)   The Catering Use does not distribute or deliver individual meals to customers directly from the subject lot, either by its own means, or through a third-party delivery service.

      (4)   Any retail Liquor Store.

      (5)   Medical Cannabis Dispensaries.

      (6)   Any General Entertainment or Nighttime Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060et seq.

      (7)   Within the North Beach SUD and NCD, a Limited Restaurant.

      (8)   A Health Service use as an Accessory Use in the Sacramento Street Neighborhood Commercial District requires a Conditional Use authorization on the ground story and is permitted above the ground story pursuant to Section 724 of this Code.

      (9)   Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3) of this Code.

   (e)   Uses Not Permitted.

      (1)   No use, even though listed as a Permitted Use, shall be permitted in a Neighborhood Commercial District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

      (2)   The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202.2(b), with the exception that in the SoMa NCT, these uses are permitted Accessory Uses.

   (f)   Conflicting Controls. All uses, buildings, and features in Neighborhood Commercial Districts shall comply with all controls set forth for the district in which they are located. Where different controls conflict or overlap within the same District, the use, building, or feature shall abide by the most restrictive of all controls. For example, in an NC-2 District, a Dwelling Unit on the second story is proposed for conversion to a Personal Service use. Residential Conversions at the Second Story in an NC-2 District require Conditional Use authorization under Table 711, while Personal Services at the Second Story in an NC-2 District are permitted as Principal Uses under Table 711. Following the most restrictive control, the applicant must obtain Conditional Use authorization and all other necessary permits in order to legally convert the Dwelling Unit to a Personal Service use.

(Added by Ord. 69-87, App. 3/13/87; former Section 703.2 incorporated and combined section amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019)

AMENDMENT HISTORY

Undesignated paragraph deleted; divisions (a) and (f) added; former Section 703.2 incorporated as divisions (b)-(e) and amended; Ord. 129-17, Eff. 7/30/2017. Division (d) amended; division (d)(9) added; Ord. 229-17, Eff. 1/5/2018. Divisions (a), (d)(1), and (d)(2) amended; division (d)(3) amended and redesignated as divisions (d)(3) and (d)(3)(A); divisions (d)(3)(B)-(d)(3)(B)(ii) added; divisions (d)(7), (d)(9), (e)(2) and (f) amended; Ord. 196-18, Eff. 9/10/2018. Divisions (b) and (d) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (d)(1) and (d)(2) amended; Ord. 205-19, Eff. 10/12/2019.

Editor’s Note:
   Former Section 703.2 was merged into Section 703 and substantially amended by Ord. 129-17, effective July 30, 2017. See Section 703.2 for its legislative history prior to Ord. 129-17.

SEC. 703.1.  [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 321-08, File No. 081100, App. 12/19/2008; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 703.2.  [REDESIGNATED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 420-97, App. 11/7/97; Ord. 384-98, App. 12/24/98; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 83-13 , File No. 120901, App. 5/15/2013, Eff. 6/14/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 165-15 , File No. 150465, App. 9/23/2015, Eff. 10/23/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 23-17, File No. 160656, App. 2/10/2017, Eff. 3/12/2017; merged into Section 703 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 703.3.  [REPEALED.]

(Added by Ord. 62-04, File No. 031501, App. 4/9/2004; amended by Ord. 8-05, File No. 041067, App. 1/8/2005; Ord. 65-05, File No. 041071, App. 4/1/2005; Ord. 173-05, File No. 050254, App. 7/29/2005; Ord. 180-06, File No. 060266, App. 7/14/2006; Ord. 245-08, File No. 080696; Ord. 56-11, File No. 110070, App. 3/23/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 106-12 , File No. 120047, App. 6/22/2012, Eff. 7/22/2012; 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; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)