Applicability of Requirements. | |
Compliance of Uses Required. | |
Compliance of Structures, Open Spaces, and Off-Street Parking and Loading Required. | |
Compliance of Lots Required. | |
Compliance with Conditions, Stipulations and Special Restrictions Required. | |
Approval of Permits. | |
Applicability of Western SoMa Controls to Pending Projects in the SALI District. | |
Effective Date of the Eastern Neighborhoods Zoning Controls. | |
Duration of Authorization in the Eastern Neighborhoods. | |
Enforcement Against Violations. | |
Legitimization of Certain Massage Establishments. | |
Conditional Uses. | |
Uses Located in Neighborhood Commercial Districts. | |
Legitimization of Uses Located in the Eastern Neighborhoods. | |
Nonconforming Uses, Noncomplying Structures and Substandard Lots of Record: General. | |
Nonconforming Uses: Enlargements, Alterations and Reconstruction. | |
Nonconforming Uses: Changes of Use. | |
Nonconforming Uses: Discontinuance and Abandonment. | |
Short-Term Continuance of Certain Nonconforming Uses. | |
Continuance of Other Nonconforming Uses. | |
Exemption of Limited Commercial and Industrial Nonconforming Uses in RH, RM, RTO, and RED Districts. | |
Exemption of Nonconforming Uses in Neighborhood Commercial Districts. | |
Exceptions for Pre-existing Structures in Neighborhood Commercial Districts From Certain Limitations on Upper-Story Uses Imposed Under Article 7. | |
Automotive Service Stations, Electric Vehicle Charging Locations, and Gas Stations as Legal Nonconforming Uses. | |
Noncomplying Structures: Enlargements, Alterations, and Reconstruction. | |
Legitimization of Certain Land Uses at 3150 18th Street. | |
Continuation of Longstanding Places of Entertainment. | |
(See Interpretations related to this Section.)
In their interpretation and application, the provisions 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with any existing provisions of law, ordinance or the San Francisco Municipal Code, except such as are specifically repealed by this Code; provided, however, that where this Code imposes a greater restriction upon any use, activity or feature, or with respect to any land or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)
(See Interpretations related to this Section.)
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 Building Inspection (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; amended by Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013)
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(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 in Section 102 of this Code, or less off-street loading space, than permissible under the limitations set forth herein for the district or districts in which such structure is located; provided, however, that, except in the North Beach-Telegraph Hill Residential Special Use District, for the purpose of creating habitable space or an Accessory Dwelling Unit pursuant to Section 207.1 of this Code where the exception is in consideration of the property owner entering into a Regulatory Agreement pursuant to Section 207.1 subjecting the ADU to the San Francisco Rent Stabilization and Arbitration Ordinance, and as long as the number of above-ground building stories is not increased:
(1) the ceiling height of an existing building story in a lawfully-existing nonconforming structure may be increased to create an interior floor-to-ceiling height of up to nine feet; and/or
(2) a flat roof may be replaced with a pitched roof.
The alterations permitted by subsections (a)(1) and (a)(2) above shall be subject to applicable design guidelines, including the Residential Design Guidelines, for the zoning district in which the building is located. If a building is a historic resource or located in a historic district, the alterations shall also comply with applicable Secretary of Interior Standards and other Code provisions pertaining to historic properties. Building heights shall be measured according to the procedures of Section 260.
(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 172.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 412-88, App. 9/10/88; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Division (e) amended; Ord. 188-15
, Eff. 12/4/2015. Division (d) amended; former division (e) deleted; Ord. 99-17, Eff. 6/18/2017. Divisions (a)-(d) amended; divisions (a)(1) and (a)(2) added; Ord. 206-19, Eff. 10/14/2019. Division (a) amended; Ord. 63-20, Eff. 5/25/2020. Division (a) amended; Ord. 62-24, Eff. 4/28/2024.
(See Interpretations related to this Section.)
(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)
(See Interpretations related to this Section.)
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)
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