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(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with any existing provisions of law, ordinance or the San Francisco Municipal Code, except such as are specifically repealed by this Code; provided, however, that where this Code imposes a greater restriction upon any use, activity or feature, or with respect to any land or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)
(a) No application for a building permit or other permit or license, or for a permit of Occupancy, shall be approved by the Planning Department, and no permit or license shall be issued by any City department, which would authorize a new use, a change of use or maintenance of an existing use of any land or structure contrary to the provisions of this Code.
(b) No such application, permit or license shall be approved or issued by any City department for the construction, reconstruction, enlargement, alteration, relocation or occupancy of any structure if the construction or other activities that would be authorized by the requested permit or license would not conform in all respects to this Code, or if the structure or any feature thereof is designed, constructed, arranged, maintained or intended to be used for a purpose or in a manner contrary to the provisions of this Code.
(c) No such application, permit or license shall be approved or issued by any city department for the construction, reconstruction, enlargement, alteration, relocation or occupancy of any land or structure if the lot on which the use or structure is or will be situated has been created, reduced or maintained contrary to the provisions in this Code. This prohibition shall apply to all lots involved in any change of lot lines that caused any of said lots to be created or reduced in dimension or area, or in relation to any structure thereon, contrary to the provisions of this Code, regardless of whether one or more of the lots involved remained in compliance with such provisions.
(d) Notwithstanding the limitations of Subsections (a), (b) and (c) of this Section, minor alterations, maintenance and repairs shall be permitted for any such structure where ordered by an appropriate public official to correct immediate hazards to health or safety, and only for that purpose.
(e) Permits for signs shall be further regulated by the provisions of Section 604 of this Code.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
(a) Intent. It is the intent of this Section 175.1 to provide for an orderly transition from prior zoning and planning requirements to the requirements under the Central SoMa Controls, without impairing the validity of prior actions by the City or frustrating completion of actions authorized prior to the effective date of those Controls.
(1) “Central SoMa Controls” shall mean all Ordinances adopted in furtherance of the Central SoMa Area Flan, including but not limited to Ordinance Nos. 282-18 & 283-18, and associated amendments to the Planning Code, Zoning Map, and Administrative Code.
(2) “Development Application” is defined in Planning Code Section 401.
(3) “Project Approval” shall mean any required approval or determination on a Development Application that the Planning Commission, Planning Department, or Zoning Administrator issues.
(4) “Code Conforming Project” shall mean a development project for which all required Development Applications could have received Project Approval under the Planning Code immediately prior to the effective date of the Central SoMa Controls.
(c) Applicability. A Code Conforming Project within the Central SoMa Special Use District may elect to be exempt from the Central SoMa Controls and instead be subject to those controls in place immediately prior to the effective date of the Central SoMa Controls, if at least one Development Application for such project was filed before February 15, 2018 and the project receives its first Project Approval by December 31, 2019.
(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(Former Sec. 175.1 amended by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
CODIFICATION NOTE
Section 15 of the repealing ordinance cited above states: "The San Francisco Planning Code is hereby amended by repealing Section 172.2, as follows: SEC. 175.2. . . ." The remainder of former Section 175.2 is then set out and struck through. The initial reference to Section 172.2 therefore appears to have been a scrivener's error. Accordingly, the codifier has given effect to Section 15 of the repealing ordinance by deleting this Section 175.2 from the Code and designating it as repealed.
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)
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