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All permits issued by departments or offices as outlined in Section 1 of this Article that require the payment of a permit or license fee shall be issued by the departments designated, as a permit for the conduct of the specified business, enterprise or activity at the specified location, and such permit shall be delivered to the applicant by the Tax Collector on the payment to the Tax Collector of the fee required by law or ordinance.
Permits affecting a change of the use or occupancy theretofore authorized by the City Planning Commission for a building or structure, or by the provisions of Chapter II (City Planning Code) Part II of the San Francisco Municipal Code, which change requires approval of the City Planning Commission, permits for moving of buildings from one site to another, and permits for new buildings and structures other than billboards erected for outdoor advertising display, shall be posted on the premises or property affected as hereinafter provided in this Section; provided, however, in the event any other Section of this Code or any ordinance of the City and County shall provide for the posting on the premises or property or advertising in the official newspaper of the City and County of any such permit or application for the same, the provisions of this Section shall not apply. Within two days after the issuance of said permits the department or officer issuing the same shall cause a copy thereof and the notice described in Section 6 hereof to be posted in a conspicuous place on the subject property or location affected by said permit. Posting shall be made on each lot on which a structure affected is located or is to be located, unless any such structure occupies more than one lot, in cases both of individual and multiple construction. Said copy shall remain so posted until the expiration of the 10-day period provided for appeal from the issuance of said permit.
(Amended by Ord. 6007, App. 5/3/50)
Each copy of a permit, posted as required in Section 5 of this Article, shall have attached thereto, during such posting, a notice which shall specify the following:
(a) The name and address of the permittee.
(b) That said permit has been issued authorizing the doing of the things set forth.
(c) That any person who may deem that his interests or property or that the general public interest will be adversely affected as the result of operation authorized by or under such permit shall have the right to appeal to the Board of Appeals; that such right may be exercised by filing a notice of appeal from the order or decision granting said permit with the Board of Appeals at its office, within 10 days after the issuance of the permit, and that said notice of appeal may include a statement of grounds of appeal or objections to the issuance of said permit.
(d) The date of the last day within which said notice may be filed.
Unless otherwise provided by law, the cost of all posting required by Sections 5 and 6 hereof shall be paid by the applicant at the time of issuance of permit. The cost of each such posting shall be $2.50, except that only one fee of $2.50 shall be charged as to such posting of permits issued simultaneously to any one owner for the construction of two or more new buildings or structures of the same use or occupancy, size and construction located on the same or adjoining lots. In such instances, a fee of $0.25 shall be added as the cost of each such additional related posting. For this purpose, adjoining lots shall be deemed to include all lots facing on any one street which constitute a single area of land in any one block.
(Added by Ord. 4541, App. 7/30/47)
Any person removing, tampering with or obliterating any notice posted, as provided herein, as well as any person who interferes with the posting of any such notice, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $250 or imprisonment in the County Jail for not more than six months, or both such fine and imprisonment.
(Added by Ord. 4541, App. 7/30/47)
(a) Except for variance decisions and permits issued by the Entertainment Commission or its Director, and as otherwise specified in this Section 8, appeals to the Board of Appeals shall be taken within 15 days from the making or entry of the order or decision from which the appeal is taken. Appeals of variance decisions shall be taken within 10 days.
(b) Appeals to the Board of Appeals of permit decisions made pursuant to Planning Code Section 343 shall be taken within 10 days of the permit decision. This subsection (b) shall expire on the Sunset Date of Planning Code Section 343, as defined in that Section. Upon the expiration of this subsection, the City Attorney shall cause this subsection to be removed from the Business and Tax Regulations Code.
(c) Appeals to the Board of Appeals of permit decisions made pursuant to Planning Code Section 207, subsection (c)(6), shall be taken within 10 days of the permit decision.
(d) Appeals of actions taken by the Entertainment Commission or its Director on the granting, denial, amendment, suspension, or revocation of a permit, or on denial of exceptions from regulations for an Extended-Hours Premises Permit, shall be taken within 10 days from the making of the decision. Nothing in this Section 8 is intended to require an appeal to the Board of Appeals if any provision of Article 15, Article 15.1 (Entertainment Regulations Permit and License Provisions), or Article 15.2 (Entertainment Regulations for Extended-Hours Premises) of the Police Code governing these permits otherwise provides.
(e) Appeals shall be taken by filing a notice of appeal with the Board of Appeals and paying to said Board at such time a filing fee as follows:
(1) Zoning Administrator, Planning Department, Director of Planning, and Planning Commission.
(A) For each appeal from the Zoning Administrator’s variance decision, the fee shall be $600.
(B) For each appeal from any order, requirement, decision, or other determination (other than a variance) made by the Zoning Administrator, the Planning Department or Commission or the Director of Planning, including an appeal from disapproval of a permit which results from such an action, the fee shall be $600.
(2) Department of Building Inspection.
(A) For each appeal from a Department of Building Inspection denial, conditional approval, or granting of a residential hotel or apartment conversion permit, the fee shall be $525.
(B) For each appeal from the granting or denial of a building demolition or other permit (other than residential hotel conversion).1
the fee shall be $175.
(C) For each appeal from the imposition of a penalty only, the fee shall be $300.
(3) Police Department and Entertainment Commission.
(A) For each appeal from the denial or granting of a permit or license issued by the Police Department, Entertainment Commission, or the Director of the Entertainment Commission, to the owner or operator of a business, the fee shall be $375; for each such permit or license issued to an individual employed by or working under contract to a business, the fee shall be $150.
(B) For each appeal from the revocation or suspension of a permit or license by the Police Department, Entertainment Commission, or the Director of the Entertainment Commission, the fee shall be $375 for an entity or individual.
(4) Department of Public Works. For each appeal from the decision of the Director of the Department of Public Works concerning street tree removal by a City agency, commission, or department, the fee shall be $100.
(5) For each appeal from any other order or decision, the fee shall be $300.
(7) For requests for jurisdiction, the fee shall be $150.
(8) An exemption from paying the full fee specified in subsections (e)(1) through (7) herein may be granted upon the filing under penalty of perjury of a declaration of indigency on the form provided and approved by the Board. All agencies of the City and County of San Francisco are exempted from these fees.
(9) Additional Requirements.
(A) Notice of appeal shall be in such form as may be provided by the rules of the Board of Appeals.
(B) On the filing of any appeal, the Board of Appeals shall notify in writing the department, board, commission, officer, or other person from whose action the appeal is taken of such appeal. On the filing of any appeal concerning a structural addition to an existing building, the Board of Appeals shall additionally notify in writing the property owners of buildings immediately adjacent to the subject building.
(C) Except as otherwise specified in this subsection (e)(9)(C), the Board of Appeals shall fix the time and place of hearing, which shall be not less than 10 nor more than 45 days after the filing of said appeal, and shall act thereon not later than 60 days after such filing or a reasonable time thereafter.
(i) In the case of a permit issued by the Entertainment Commission or its Director, the Board of Appeals shall set the hearing not less than 15 days after the filing of said appeal, shall act thereon not more than 30 days after such filing, and shall not entertain a motion for rehearing.
(ii) In the case of a decision on a permit application made pursuant to Planning Code Section 343, the Board of Appeals shall set the hearing not less than 10 days after the filing of said appeal, shall act thereon not more than 30 days after such filing, and shall not entertain a motion for rehearing. This subsection (e)(9)(C)(ii) shall expire on the Sunset Date of Planning Code Section 343, as defined in that Section. Upon the expiration of this subsection, the City Attorney shall cause this subsection to be removed from the Business and Tax Regulations Code.
(iii) In the case of a decision on a permit application made pursuant to Planning Code Section 207.2, the Board of Appeals shall set the hearing not less than 10 days after the filing of said appeal, shall act thereon not more than 30 days after such filing, and shall not entertain a motion for rehearing.
(iv) In the case of a decision on a permit or determination of compliance regarding a homeless shelter located on City owned or leased property during a declared shelter crisis, the Board of Appeals shall set the hearing not less than 10 days after the filing of said appeal, shall act thereon not more than 30 days after such filing, and shall not entertain a motion for rehearing.
(D) With respect to any decision of the Board of Appeals related to any “dwelling” in which “protected class members” are likely to reside (each as defined in Administrative Code Chapter 87), the Board of Appeals shall comply with the requirements of Administrative Code Chapter 87 which requires, among other things, that the Board of Appeals not base any decision regarding the development of such units on information which may be discriminatory to any member of a “protected class.”
(E) Pending decision by the Board of Appeals, the action of such department, board, commission, officer or other person from which an appeal is taken, shall be suspended, except for: (i) actions of revocation or suspension of a permit by the Director of Public Health when determined by the Director to be an extreme public health hazard; (ii) actions by the Zoning Administrator or Director of the Department of Building Inspection stopping work under or suspending an issued permit; (iii) actions of suspension or revocation by the Entertainment Commission or the Director of the Entertainment Commission when the suspending or revoking authority determines that ongoing operation of the activity during the appeal to the Board of Appeals would pose a serious threat to public safety; (iv) actions of the Director of the Office of Cannabis awarding a Temporary Cannabis Business Permit; (v) actions pursuant to a permit or determination of compliance by the Departments of Public Works or Building Inspection regarding homeless shelters during a declared shelter crisis; and (vi) actions of the Director of Public Health under Section 4613(c) of the Health Code summarily suspending an Overdose Prevention Program permit or revoking such a permit after a summary suspension.
(Amended by Ord. 315-81, App. 6/21/81; Ord. 95-86, App. 3/21/86; Ord. 27-88, App. 1/28/88; Ord. 255-88, App. 6/22/88; Ord. 434-88, App. 9/16/88; Ord. 285-89, App. 8/2/89; Ord. 340-92, App. 11/5/92; Ord. 61-96, App. 2/9/96; Ord. 128-97, App. 4/9/97; Ord. 191-98, App. 6/12/98; Ord. 295-98, Eff. 11/4/98; Ord. 306-99, File No. 990497, App. 12/3/99; Ord. 223-01, File No. 011578, App. 11/16/2001; Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 102-09, File No. 090543, App. 6/23/2009; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 172-11
, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014; Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018; Ord. 281-18, File No. 180453, App. 12/7/2018, Eff. 1/7/2019, Oper. 1/7/2019; Ord. 60-19, File No. 190045, App. 4/4/2019, Eff. 5/5/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 105-20, File No. 200243, App. 7/10/2020, Eff. 8/10/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
CODIFICATION NOTE
1. So in Ord. 281-18.
The fee to be paid by the appellants as provided in Section 8 hereof shall become effective and be due for all appeals pending as of October 31, 1947, and thereafter upon filing notice of appeal, appellants shall pay the filing fee to the Secretary of the Board.
(Added by Ord. 4757, App. 12/22/47)
Upon receiving such notice it shall be the duty of the department, board, commission or person making the order or decision appealed from, to forthwith scrutinize the same and within three days notify the Board of Appeals, in writing, of the names and addresses of any known persons, firms, corporations or associations not named in the notice of appeal who or which opposed appellant in the matter in which the appeal is taken.
(Amended by Ord. 128-97, App. 4/9/97)
Upon receipt of notice of appeal it shall be the duty of the department, board, commission or person from whose decision the appeal is taken to transmit to the Board of Appeals the original application or complaint upon which the license or permit was granted, refused or revoked, and all affidavits, exhibits, letters, maps or other documents used upon the hearing before such department, board, commission or person. The application or complaint and all documents, exhibits and records forwarded therewith shall be returned to the department, board, commission or person from whose order or decision the appeal was taken, immediately after final decision by the Board of Appeals, with a statement of the decision of said Board, certified by the President or Vice-President and Secretary thereof.
(Amended by Ord. 128-97, App. 4/9/97)
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