SEC. 180. NONCONFORMING USES, NONCOMPLYING STRUCTURES AND SUBSTANDARD LOTS OF RECORD: GENERAL.

(1) Any use or feature authorized as a conditional use pursuant to Article 3 of this Code, provided that such use or feature was established within the time limits specified as a Condition of Approval or, if no time limit was specified, within a reasonable time from the date of authorization; or

(2) Any use or feature that is classified as a conditional use in the district in which it is located and that lawfully existed either on the effective date of this Code, or on the effective date of any amendment imposing new conditional use requirements upon such use or feature; or

(3) Any use deemed to be a permitted conditional use pursuant to Section 179 of this Code.

(b) Continuation. Except as provided for temporary uses in Section 205 of this Code, and except where time limits are otherwise specified as a Condition of Approval, any permitted conditional use may continue in the form in which it was authorized, or in the form in which it lawfully existed either on the effective date of this Code or the effective date of any amendment imposing new conditional use requirements upon such use or feature, unless otherwise provided in this Section or in Article 2 of this Code.

(1) A permitted conditional use may not be significantly altered, enlarged, or intensified, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code.

(2) Internet Services Exchange. With regard to an Internet Services Exchange as defined in Section 102, any physical alteration that will enlarge or expand the building for the purpose of intensifying the use shall be deemed to be significant under this Section, and any increase in the size of electrical service to the building that will require a permit from the Department of Building Inspection shall be deemed to be significant under this Section.

(3) Formula Retail. With regard to Formula Retail uses, a change of owner or operator of a Formula Retail establishment is determined to be an intensification of use and a new Conditional Use authorization shall be required if one or more of the following occurs:

(A) A change of use from one use to another, including but not limited to a change from one use to another within the use category Retail Sales and Service, and within the sub-categories of uses in the definition of General Retail Sales and Service in Section 102 and Other Retail Sales and Service in and Section 890.102 of this Code;

(B) Expansion of use size;

(D) Installation of a commercial kitchen, including but not limited to: ovens, open ranges or stoves, fryers, oven hoods or kitchen ventilation systems, heating stations, steam tables or cabinets, cold food storage, increased food preparation areas or self-service drink dispensers;

(E) A pre-existing Formula Retail use that had not previously been authorized via a Conditional Use from the Commission.

(4) Power Plant. A Power Plant use, as defined in Section 102, shall, whether nonconforming or conditionally permitted, require conditional use authorization in order to enlarge, intensify, or extend the use if such changes would expand a power plant use, make it more permanent, or substantially change the use. An intensification of use shall include the following changes, without limitation and in addition to the criteria set forth in Article 1.7 of the Planning Code:

(A) An increase in output capability by more than 10 percent (either an increase in capacity or increase in planned or permitted output per year);

(B) A change in type of fuel;

(C) A greater than 5 percent increase in the volume of monthly discharge of waste water into the sewer or into the San Francisco Bay, or an increase in the temperature of existing waste water discharges into the San Francisco Bay;

(D) Any increase greater than 5 percent in the emission rate or the total annual tons of emission for particulate precursors, ozone precursors or greenhouse gases;

(E) A greater than 5 percent increase in the volume of regulated substances used on site on a monthly basis, or in the volume of regulated substances stored on site or in the volume of regulated substances transported to the site on a monthly basis; or

(F) Improvements to any power generation unit costing more than 25 percent of the assessed value of the same unit prior to improvement.

(d) Abandonment. A permitted conditional use that is discontinued for a period of three years, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code. For purposes of this subsection (d), the period of nonuse for a permitted conditional use to be deemed discontinued in the Castro Street Neighborhood Commercial District and the Jackson Square Special Use District shall be 18 months.

A permitted conditional Formula Retail use which is discontinued for a period of 18 months, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to Article 3 of this Code.

(e) Changes in Use. The following provisions shall apply to permitted conditional uses with respect to changes in use, except as further limited by the change of use procedures for Formula Retail uses set forth in Section 303.1 of this Code.

(1) A permitted conditional use may be changed to another use listed in Section 102 and Articles 7 or 8 of this Code as a principal use for the district in which it is located and the new use may thereafter be continued as a permitted principal use.

(2) A permitted conditional use may be changed to another use listed in Section 102 and Articles 7 or 8 of this Code as a conditional use for the district in which the property is located, subject to the other applicable provisions of this Code, only upon approval of a new conditional use application, pursuant to the provisions of Article 3 of this Code.

(3) A permitted conditional use may not be changed to another use not permitted or prohibited by the Zoning Control Table for the district in which the lot is located. If a permitted conditional use has been wrongfully changed to another use in violation of the foregoing provisions and the violation is not immediately corrected when required by the Zoning Administrator, the wrongful change shall be deemed to be a discontinuance or abandonment of the permitted conditional use.

(4) Once a permitted conditional use has been changed to a principal use permitted in the district in which the property is located, or brought closer in any other manner to conformity with the use limitations of this Code, the use of the property may not thereafter be returned to its former permitted conditional use status, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code.

(5) In the North Beach Neighborhood Commercial District, any use that exceeds the use size provisions of Section 121.2(a) or 121.2(b) may be changed to a new use only upon approval of a new conditional use application. The Commission's approval of such conditional use application shall explicitly address the use size findings of Section 303(c).

(6) In the Castro Street Neighborhood Commercial District, any use that exceeds the use size provisions of Section 121.2(a), but is smaller than the maximum use size limit of Section 121.2(b), may be changed to a new use only upon approval of a new conditional use application. The Commission's approval of such conditional use application shall explicitly address the use size findings of Section 303(c).

(f) Notwithstanding the foregoing provisions of this Section 178, a structure occupied by a permitted conditional use that is damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition and use without the approval of a new conditional use application, provided that such restoration is permitted by the Building Code, and is started within 18 months and diligently pursued to completion. Except as provided in Subsection (g) below, no structure occupied by a permitted conditional use that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code.

(g) None of the provisions of this Section 178 shall be construed to prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety, and where the proposed measures have been declared necessary, by such official, to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 198-00, File No. 993231, App. 8/18/2000; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 245-08, File No. 080696; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 204-19, File No. 190731, App. 8/9/2019, Eff. 9/9/2019)

AMENDMENT HISTORY

Division (d) amended; Ord. 75-12 , Eff. 5/23/2012. Division (f) amended; Ord. 56-13 , Eff. 4/27/2013. Former division (c) divided into current divisions (c)(1) and (2); division (c)(3) added; divisions (d) and (e) amended; Ord. 235-14 , Eff. 12/26/2014. Divisions (a)(1), (b), (c), (c)(2), and (c)(3) amended; division (c)(4) added; divisions (d), (e)(1)-(3), and (g) amended; Ord. 22-15, Eff. 3/22/2015. Division (c)(3)(A) amended; Ord. 129-17, Eff. 7/30/2017. Division (d) amended; Ord. 47-18, Eff. 4/16/2018. Division (d) amended; Ord. 204-19, Eff. 9/9/2019.

SEC. 179. USES LOCATED IN NEIGHBORHOOD COMMERCIAL DISTRICTS.

The following provisions shall govern with respect to uses and features located in Neighborhood Commercial Districts to the extent that there is a conflict between the provisions of this Section and other sections contained in this Article 1.7.

(a) Permitted Uses.

(1) Any use or feature in a Neighborhood Commercial District which lawfully existed on the effective date of Ordinance No. 69-87 which is classified as a principal use by the enactment of Ordinance No. 69-87 is hereby deemed to be a permitted principal use.

(2) Any use or feature in a Neighborhood Commercial District which lawfully existed on the effective date of Ordinance No. 69-87 which is classified as a conditional use by the enactment of Ordinance No. 69-87 is deemed to be a permitted conditional use, subject to the provisions of Section 178 of this Code.

(3) Any use or feature in a Neighborhood Commercial District which lawfully existed on the effective date of Ordinance No. 69-87 and which use or feature is not permitted by the enactment of Ordinance No. 69-87 is hereby deemed to be a nonconforming use subject to the provisions of Sections 180 through 186.1 of this Code.

(4) Any use or feature in a Neighborhood Commercial District which was nonconforming under Section 180 of this Code prior to the effective date of Ordinance No. 69-87, which is classified as a principal use by the enactment of Ordinance No. 69-87, is deemed to be a permitted principal use.

(5) Any use or feature in a Neighborhood Commercial District which was nonconforming under Section 180 of this Code prior to the effective date of Ordinance No. 69-87, which is classified as a conditional use by the enactment of Ordinance No. 69-87, is deemed to be a permitted conditional use, subject to the provisions of Section 178 of this Code.

(6) Any use or feature in a Neighborhood Commercial District which was nonconforming under Section 180 of this Code prior to the effective date of Ordinance No. 69-87, which continues to be not permitted by operation of Ordinance No. 69-87, shall still be classified as a nonconforming use, subject to the provisions of Sections 180 through 183 of this Code.

(7) Any use or feature in a Neighborhood Commercial District which existed on the effective date of Ordinance No. 69-87 but for which the required permits had not been obtained shall be deemed to be a permitted principal use, permitted conditional use, or nonconforming use, only if the use or feature complies with all conditions prescribed in Subsections (b), (c), (d), (e), (f), or (g) below; otherwise the use or feature shall be in violation of this Code subject to the provisions of Section 176 of this Code.

(b) Any use located in a Neighborhood Commercial District, which use existed on the effective date of Ordinance No. 69-87, but for which the required permits had not been obtained, and which use is permitted as a principal use by the enactment of Ordinance No. 69-87, will be deemed to be a permitted principal use if:

(1) An application is filed for all permits necessary to bring the use into compliance with applicable codes; and

(2) All necessary permits are granted; and

(3) All work which is required for Code compliance under all applicable Codes is substantially completed.

(c) Any use located in a Neighborhood Commercial District, which use was in existence on the effective date of Ordinance No. 69-87 and was permitted as a principal use at the time the use was established, but for which the required permits had not been obtained, and which use is permitted as a conditional use by the enactment of Ordinance No. 69-87, will be deemed to be a conditional use if:

(1) An application is filed for all permits necessary to bring the use into compliance with applicable codes; and

(2) All necessary permits are granted; and

(3) All work which is required for Code compliance under all applicable Codes is substantially completed.

(d) Any use located in a Neighborhood Commercial District, which use would have been deemed a permitted principal use at the time it was established but had not obtained the required permits and was on the effective date of Ordinance No. 69-87, but which use is not a permitted use by the enactment of Ordinance No. 69-87, will be deemed to be a nonconforming use if:

(1) Applications are filed for all permits necessary to bring the use into compliance with applicable codes within three years of the effective date of this amendment to Ordinance No. 69-87; and

(2) All work which is required for Code compliance under all applicable Codes is completed, including the issuance of a Certificate of Final Completion from the Bureau of Building Inspection, within three years of the effective date of this amendment to Ordinance No. 69-87.

(3) The time for completion of all work required for compliance with all applicable codes may be extended an additional one year should delays be caused by a government agency or by legal action.

(e) Any use located in a Neighborhood Commercial District, which use was in existence on the effective date of Ordinance No. 69-87 and was permitted as a conditional use at the time the use was established, but for which the required permits had not been obtained, and which use is permitted as a conditional use by the enactment of Ordinance No. 69-87, will be deemed to be a conditional use if:

(1) An application for conditional use authorization is filed pursuant to the provisions of Article 3 of this Code and if an application(s) is filed for all other permits necessary to bring the use into compliance with applicable codes; and

(2) The conditional use is authorized and all other necessary permits are granted; and

(3) All work which is required for Code compliance under all applicable Codes is substantially completed.

(f) Any use located in a Neighborhood Commercial District, which use was a conditional use at the time it was established but for which the required conditional use authorization and permits had not been obtained and which was in existence on the effective date of Ordinance No. 69-87, will be deemed a nonconforming use if:

(1) An application for conditional use authorization is filed pursuant to the provisions of Article 3 of this Code and if an application(s) is/are filed for all other permits necessary to bring the use into compliance with applicable codes within three years of the effective date of this amendment to Ordinance No. 69-87; and

(2) All work which is required for Code compliance under all applicable Codes is completed within one year of the date of authorization of conditional use, but no later than December 31st of the third year of the effective date of this amendment to Ordinance No. 69-87; and

(3) The time for completion of all work required for compliance with all applicable codes may be extended for an additional one year should delays be caused by a government agency or by legal action.

(g) Any use located in a Neighborhood Commercial District, which use existed on the effective date of Ordinance No. 69-87 and was not permitted at the time the use was established, and which use is permitted as a conditional use by the enactment of Ordinance No. 69-87, will be deemed to be a conditional use if:

(2) The conditional use is authorized and all other necessary permits are granted; and

(3) All work which is required for Code compliance under all applicable Codes is substantially completed.

(h) Any use located in a Neighborhood Commercial District, which use existed on the effective date of Ordinance No. 69-87 and was not permitted at the time the use was established, and which use is not permitted by the enactment of Ordinance No. 69-87, shall be in violation of this Code, subject to the provisions of Section 176 of this Code.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 37-92, App. 2/3/92)

SEC. 179.1. LEGITIMIZATION OF USES LOCATED IN THE EASTERN NEIGHBORHOODS.

(See Interpretations related to this Section.)

(a) Intent. As a result of the Eastern Neighborhoods Zoning Controls, certain land uses that were previously permitted, particularly office and housing, are no longer permitted. The purpose of this Section is to establish a time-limited program wherein existing uses that have operated without the benefit of required permits may seek those permits. Uses that could be "legitimized" under this Section are those uses which, under the current provisions of this Code and without this Section, could not otherwise seek the required permits.

(b) Applicability.

(1) Geography. This Section shall apply only to property located in the Eastern Neighborhoods Mixed Use Districts, the SLI District, or any PDR District which is located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 423.3. This Section shall not apply to any Live/Work use as defined in Section 102.

(2) Eligibility. Any use that is the subject of an application under this Section shall be one that is determined by the Zoning Administrator as one which:

(A) exists as of the date of the application;

(B) would have been principally permitted or permitted with Conditional Use authorization under provisions of the Planning Code that were effective on April 17, 2008;

(D) is a land use that either:

(i) has been regularly operating or functioning on a continuous basis for no less than 2 years prior to the effective date of this Section; or

(ii) has been functioning in the space since at least April 17, 2008, and is associated with an organization, entity or enterprise which has been located in this space on a continuous basis for no less than 2 years prior to the effective date of this Section;

(E) is not accessory to any other use; and

(F) is not discontinued and abandoned pursuant to the provisions of Section 183 that would otherwise apply to nonconforming uses.

(3) Sunset. All applications for a determination of eligibility under Subsection (d) must be received by the Zoning Administrator on or before November 12, 2012. If the Planning Department fails to timely issue notice pursuant to Subsection (c), the Zoning Administrator may extend this termination date for an additional period of time not to exceed the number of days that the Department delayed in issuing the notice. An applicant who has received a determination of eligibility must submit to the Department all required application materials for legitimization within 90 days of the date of issuance of the determination of eligibility and diligently pursue the legitimization process until completion. For purposes of this section, "diligently pursue" shall mean timely responding to all requests for additional information from the Department or other City agency reviewing the matter and timely applying for and pursuing all permits and other approvals required to legitimize the use. Failure to do so may result in the Zoning Administrator's revocation of the legitimization letter.

(c) Notification of Program Availability. Within 90 days of the effective date of this Section, the Planning Department shall cause notice to be mailed to all owners of property to which this Section applies. Such notification shall consist of an explanation of this program and application instructions and any other relevant information determined by the Zoning Administrator.

(d) Application for Eligibility. An application under this Section may include multiple tenancies and/or uses on a property; however, only one application may be made per parcel for the duration of the program. Such application may not involve any expansion or intensification of the use in question. Any proposed expansion or intensification must be made under separate application and is subject to all current provisions of this Code.

Any application under this Subsection shall be accompanied by the following materials:

(1) floor plans for the entire building along with specific demarcation of the space proposed for legitimization;

(2) evidence supporting the findings required under Subsection (b)(2) above. Such evidence may include but is not necessarily limited to the following: rental or lease agreements, building or other permits, utility records, business licenses, or tax records; and

(3) notification materials, including a list of all property owners within 300 feet of the subject property, as set forth in Section 306.3(a)(2) and, to the extent practical, a complete list of all current occupants of the subject property.

(e) Determination of Eligibility. The Zoning Administrator shall determine compliance with the criteria set forth in Subsection (b)(2), above, through a written decision. No less than 30 days prior to making a determination, the Zoning Administrator shall mail and post a notice of intent to render a determination as set forth below so that parties other than the applicant are afforded the opportunity to present information which may have bearing on the determination:

(1) By mailing notice to owners within 300 feet of the property in question as set forth in Section 306.3(a)(2);

(2) by mailing notice to current tenants of the subject property using materials submitted pursuant to Section (d)(3), above;

(3) by mailing notice to all individuals or neighborhood organizations having made written request for notification for either (i) applications under this Section or (ii) specific properties or areas; and

(4) by posting a notice on the subject property as set forth in Section 306.8.

(f) Application to Legitimize. Uses that are determined to be in compliance with the criteria of Subsection (b)(2), above, shall be governed as set forth below. Unless specifically stated by the Planning Commission in the case of a Conditional Use authorization, approval of any application under this Subsection shall be deemed to authorize all aspects of the use and portions of the structure housing the use under the Planning Code. Those portions of the use or structure that do not comply with current provisions of this Code shall be deemed nonconforming uses or noncomplying structures under Article 1.7 of this Code. Action under this Subsection in no way shall affect the applicability of relevant portions of the Building Code or other portions of the Municipal Code.

(1) Those uses which, under the provisions of this Code that were applicable on April 17, 2008, would have either: (i) required Conditional Use authorization pursuant to Section 303 or (ii) been principally permitted but required an allocation of office space of less than 50,000 gross square feet under the Annual Limit pursuant to Section 321(b)(4), may seek such authorization pursuant to all requirements of the applicable Section.

(2) Those uses which, under the provisions of this Code that were applicable on April 17, 2008, were principally permitted may seek a building permit in order to legally establish the use. Upon the Department's determination that the application is consistent with the enabling Zoning Administrator's decision, the Planning Department shall approve such permit.

(3) Those uses which, under the provisions of this Code that were applicable on April 17, 2008, would have required an allocation of office space of 50,000 or more gross square feet under the Annual Limit, may seek such authorization pursuant to the requirements of Section 321; however, no application may be acted on by the Planning Commission until the termination date of the application period set forth in Subsection (b)(3), above. After that time, Planning Department staff shall take all reasonable steps to schedule pending eligible applications for Planning Commission review based on the order in which a project's determination of eligibility was issued. Nothing in this Section shall preclude the Director of Planning, based on the demand for participation in this program, from limiting the number of projects that appear before the Planning Commission in a given period of time.

(g) Fee Amount. Any use authorized under Subsection (f) above shall, in addition to any applicable application fees, pay for the area being legitimized the following impact fees:

(1) If the use is legitimizing as Office, (as defined in Sec. 102)

(A) If the project is subject to the Transit Impact Development Fee (as defined in Section 411), a $2.00/gross square foot Transit Impact Development Fee.

(B) If the project is subject to the Jobs-Housing Linkage Fee (as defined in Section 413), an $8.50/gross square foot Jobs-Housing Linkage Fee.

(2) If the use is legitimizing as Retail or Entertainment (as defined in Section 401)

(A) If the project is subject to the Transit Impact Development Fee (as defined in Section 411), a $2.00/gross square foot Transit Impact Development Fee.

(B) If the project is subject to the Jobs-Housing Linkage Fee (as described in Sec. 413), a $7.20/gross square foot Jobs-Housing Linkage Fee.

(3) If the use is legitimized as any other use authorized under Subsection (f) above, the use shall pay the Jobs-Housing Linkage Fee and Transit Impact Development Fee in the amount applicable as of January 18, 2009.

(h) Fee Payment. Fees shall be paid upon issuance of the first construction permit (as defined in Sec. 401) or if an applicant has elected to participate in a deferred payment program, as specified below:

(1) Prior to issuance by DBI of the first construction permit, at least 20% of applicable fees are due. Henceforth, at least 20% of applicable fees are due by July 1st of each subsequent calendar year, such that final payment must be made within four years of receiving the first building or site permit.

(2) The applicant may elect to pay any outstanding balance at any time within these four years.

(3) A Notice of Special Restrictions shall be placed on the title of the property specifying that additional payment is required. This Notice of Special Restrictions shall be released when payment is complete.

(4) All outstanding fees will be adjusted annually based on the cost of living as defined by the Controller's Office.

(5) The Department may assess an additional fee for time and materials spent implementing this deferred fee program.

(6) Failure to comply with the terms of the program and associated NSR as specified in this Subsection shall be deemed a violation of this Code and result in an enforcement action by the Department, which may include, referral to the Bureau of Delinquent Revenue and a lien on the subject property. Any enforcement action also may result in additional charges or penalties to cover the City's costs in the enforcement action, including, but not limited to City Attorney's fees.

(Added Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 61-12, File No. 111337, App. 4/19/2012, Eff. 5/19/2012; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Division (b)(3) amended; Ord. 61-12, Eff. 5/19/2012. Division (b)(1) amended; former divisions (b)(2)(D)(1) and (2) redesignated as (b)(2)(D)(i) and (ii); divisions (f) and (g)(1) amended; former division (g)(2) deleted and former division (g)(3) redesignated as (g)(2); division (h) amended; Ord. 22-15, Eff. 3/22/2015. Former division (g)(4) redesignated as (g)(3); Ord. 188-15 , Eff. 12/4/2015.

SEC. 179.2. [REPEALED.]

(Added by Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; repealed by Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

SEC. 180. NONCONFORMING USES, NONCOMPLYING STRUCTURES AND SUBSTANDARD LOTS OF RECORD: GENERAL.

(See Interpretations related to this Section.)

The following provisions shall apply to nonconforming uses, noncomplying structures and substandard lots of record:

(a) Definitions. Such uses, structures and lots are hereby defined as follows:

(1) A "nonconforming use" is a use which existed lawfully at the effective date of this Code, or of amendments thereto, or a live/work unit which existed on the effective date of Ordinance No. 412-88 (effective October 10, 1988) (other than a live/work unit wholly or partly occupying space whose legal occupancy under the Building Code was then limited to a residential occupancy) and which fails to conform to one or more of the use limitations under Articles 2, 6, 7 and 8 of this Code that then became applicable for the district in which the property is located.

(2) A "noncomplying structure" is a structure which existed lawfully at the effective date of this Code, or of amendments thereto, and which fails to comply with one or more of the regulations for structures, including requirements for off-street parking and loading, under Articles 1.2, 1.5, 2.5, 6, 7 and 8 of this Code, that then became applicable to the property on which the structure is located.

(3) A "substandard lot of record" is a lot which existed lawfully at the effective date of any requirement of this Code applicable thereto for minimum lot width or area (on December 26, 1946, or through subsequent amendments), and which fails to meet one or more of such requirements. Any lot existing and recorded as a separate parcel in the office of the Assessor or the Recorder at such effective date shall be deemed to be a lot of record under this Code as of such date. Any lot created by merger of such existing lots of record or parts thereof in such a manner as to establish a lesser number of lots, each having an increased area with no reduction in width, or an increased width with no reduction in area, or both an increased area and an increased width, shall also be deemed to be a lot of record under this Code as of the date of such merger.

(b) Timely Compliance with the Code. Such uses, structures and lots, in failing to meet applicable requirements of this Code, are incompatible with the purposes of this Code and with other uses, structures and lots in the City, and it is intended that these uses, structures and lots shall be brought into compliance with this Code as quickly as the fair interests of the parties will permit.

(c) Continuation of Nonconforming Uses, Structures, and Lots. Notwithstanding any other provision of this Code, such uses, structures and lots may be continued, except as otherwise provided in Sections 180 through 189, and subject to the limitations of this Article 1.7.

(d) Change in Ownership. A mere change of title or possession or right of possession of property, without any other change that is relevant to the restrictions of this Code, shall not terminate the status of a nonconforming use, noncomplying structure or substandard lot of record.

(e) Lawfully Existing Structures and Uses. Any structure or use for which a permit was lawfully granted prior to May 2, 1960, pursuant to the Planning Code provisions in effect on that date, and which was thereafter commenced and completed in accordance with such provisions, shall be deemed to have been a lawfully existing structure or use on that date. Any structure or use for which a permit has been lawfully granted pursuant to the provisions of this Code relating to amendments, and which has thereafter been commenced and completed in accordance with such provisions, shall be deemed to be a lawfully existing structure or use at the time of the amendment that causes it to become a noncomplying structure or a nonconforming use.

(f) Compliance with Other Requirements of the Planning Code. Except as specifically provided in this Code to the contrary, every nonconforming use, noncomplying structure and substandard lot of record shall comply with the applicable requirements of this Code, other than those requirements from which such uses, structures and lots are exempted by this Section 180.

(g) Nonconforming Signs. Section 606(c) and other provisions of Article 6 of this Code shall regulate the signs permitted for nonconforming uses. In addition, signs which are themselves classified as nonconforming uses and noncomplying structures under this Code shall be governed by Section 604 and other provisions of Article 6 of this Code.

(h) Preserving Dwelling Units. If the administrative record regarding a nonconforming unit does not provide conclusive evidence that the unit is illegal, it shall be presumed to be a legal nonconforming unit.

(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014)

AMENDMENT HISTORY

Division headers added throughout section; division (h) added; Ord. 287-13 , Eff. 1/25/2014.

SEC. 181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION.

(See Interpretations related to this Section.)

The following provisions shall apply to nonconforming uses with respect to enlargements, alterations and reconstruction:

(a) Increases in Nonconformity. A nonconforming use, and any structure occupied by such use, shall not be enlarged, intensified, extended, or moved to another location, with the exception of the construction of a mezzanine within a Live/Work Unit and expansion of Dwelling Units in PDR Districts, unless the result will be elimination of the nonconforming use, except as provided below and in Section 186.1 of this Code. A nonconforming use shall not be extended to occupy additional space in a structure, or additional land outside a structure, or space in another structure, or to displace any other use, except as provided in Sections 182 and 186.1 of this Code.

(b) Permitted Alterations. A structure occupied by a nonconforming use shall not be constructed, reconstructed or altered, unless the result will be elimination of the nonconforming use, except as provided in Section 186.1 of this Code and in Subsections (a) above and (d), (e), (f), (g), (h) and (i) below, and except as follows:

(1) Ordinary maintenance and minor repairs shall be permitted where necessary to keep the structure in sound condition, as well as minor alterations, where such work is limited to replacement of existing materials with similar materials placed in a similar manner.

(2) Minor alterations shall be permitted where ordered by an appropriate public official to correct immediate hazards to health or safety, or to carry out newly enacted retroactive requirements essential to health or safety.

(3) Alterations otherwise allowed by this Code shall be permitted for any portion of the structure that will not thereafter be occupied by the nonconforming use, provided the nonconforming use is not enlarged, intensified, extended, or moved to another location.

(4) All other alterations of a structural nature shall be permitted only to the extent that the aggregate total cost of such other structural alterations, as estimated by the Department of Building Inspection, is less than ½ of the assessed valuation of the improvements prior to the first such alteration, except that structural alterations required to reinforce the structure to meet the standards for seismic loads and forces of the Building Code shall be permitted without regard to cost.

(1) A Dwelling or other housing structure exceeding the permitted density of Dwelling Units or other housing units set forth in the Zoning Control Table for the district in which the lot is located shall be classified as a nonconforming use under Section 180 of this Code, but only to the extent that such Dwelling or other housing structure exceeds the permitted density.

(2) In districts where a Dwelling Unit is a Principally Permitted use, this Section 181 shall not apply with respect to enlargements, alterations and reconstruction of the nonconforming portion of such Dwelling or other housing structure, consisting of those Dwelling Units or other housing units that exceed the permitted density, so long as such enlargements, alterations, or reconstruction do not otherwise extend beyond the building envelope as it existed on January 1, 2013.

(3) No enlargements, alterations, or reconstruction shall be permitted under subsection (c)(2) for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through 37.9(a)(14) where the tenant was served with the notice of eviction after December 10, 2013 if the notice was served within ten (10) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. Additionally, no such enlargements, alterations, or reconstruction shall be permitted for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. This subsection (c)(3) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant’s right to reoccupy the unit after the temporary eviction and that the tenant chose not to reoccupy it.

(4) Any Dwelling Unit or other housing unit coming within the density limit shall not be affected by this Section 181. Except as provided in Sections 181(h) and 182(e), no Dwelling or other housing structure exceeding the permitted density of Dwelling Units or other housing units shall be altered to increase the number of Dwelling Units or other housing units therein, or to increase or create any other nonconformity with respect to the Dwelling Unit or other housing unit density limitations identified in the Zoning Control Table for the district in which the lot is located.

(d) Structures Damaged or Destroyed by Calamity. Notwithstanding the foregoing provisions of this Section 181, a structure occupied by a nonconforming use that is damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition and use; provided that such restoration is permitted by the Building Code, and is started within eighteen months and diligently prosecuted to completion. The age of such a structure for the purposes of Sections 184 and 185 shall nevertheless be computed from the date of the original construction of the structure. Except as provided in Subsection (e) below, no structure occupied by a nonconforming use that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except in full conformity with the use limitations of this Code.

For purposes of this Subsection (d), "started within eighteen months" shall mean that within eighteen months of the fire or other calamity or Act of God, the structure's owner shall have filed a building permit application to restore the structure to its former condition and use.

(e) Unreinforced Masonry Buildings. In order that major life safety hazards in structures may be eliminated as expeditiously as possible, a structure containing nonconforming uses and constructed of unreinforced masonry that is inconsistent with the requirements of the UMB Seismic Retrofit Ordinance, Ordinance No. 227-92, may be demolished and reconstructed with the same nonconforming use or a use as permitted by Planning Code Section 182; provided that:

(1) there is no increase in any nonconformity, or any new nonconformity, with respect to the use limitations of this Code;

(2) the current requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met; and

(3) such restoration or reconstruction is started within one year after razing or other demolition work on the structure and diligently prosecuted to completion.

(f) Nighttime Entertainment Uses in MUG and MUR Districts. A Nighttime Entertainment use within the MUG or MUR Districts may be enlarged, intensified, extended, or expanded, including the expansion to an adjacent lot or lots, provided that: (1) the enlargement, intensification, extension or expansion is approved as a Conditional Use pursuant to Section 303 of this Code; (2) the use as a whole meets the signage requirements, floor area ratio limit, height and bulk limit, and all other requirements of this Code that would apply if the use were a permitted one; and (3) the provisions of the Entertainment Commission’s Good Neighbor Policy are satisfied.

(g) Automotive Sales and Service Signs in the Automotive Special Use District. Automotive sales and service signs within the Automotive Special Use District which have all required permits but which do not comply with the controls for new signs established in Section 607.3 of this Code shall be permitted to remain as nonconforming uses and shall be permitted to modify the signage text to describe new automobile ownerships and dealerships that may occur from time to time.

(h) Dwellings in PDR and M-2 Districts. In PDR and M-2 Districts, no building containing a residential use shall be altered to increase the number of dwelling units or other housing units therein. However, individual dwelling units or other housing units may be expanded, subject to height, bulk, and all other provisions of this Code which would otherwise be applicable to dwelling units or other housing units in the Urban Mixed Use District.

(i) Nonconforming Non-Residential Uses in the Eastern Neighborhoods Mixed Use, PDR-1-D, and PDR-1-G Districts. In the Eastern Neighborhoods Mixed Use, PDR-1-D, and PDR-1-G Districts, a non-residential nonconforming use may expand in gross floor area by no more than 25 percent with conditional use authorization pursuant to Section 303 of this Code. Such conditional use authorization may not be granted for any subsequent or additional expansion beyond the initial 25 percent.

(j) In the PDR-1-D, PDR-1-G, and PDR-2 Districts, a storage building for household goods shall be allowed to rebuild to its current square footage, as long as it provides at least one FAR of PDR uses, as defined in Section 401. A Notice of Special Restriction (NSR) shall be recorded on the title of any property receiving approval under this Section. This NSR shall provide the Planning Department with the ability to enforce the provisions of this Section.

(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 79-89, App. 3/24/89; Ord. 75-90, App. 3/5/90; Ord. 115-90, App. 4/6/90; Ord. 227-92, App. 7/14/92; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 224-11 , File No. 110590, App. 11/15/2011, Eff. 12/15/2011; Ord. 286-13 , File No. 130783, App. 12/26/2013, Eff. 1/25/2014; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Division (d) amended; Ord. 224-11 , Eff. 12/15/2011. Division headers added throughout section; divisions (a), (b), and (b)(4) amended; division (c) divided into subdivisions (1) through (4) and amended; divisions (e) and (h) amended; Ord. 286-13 , Eff. 1/25/2014. Division (j) added; Ord. 71-14 , Eff. 6/22/2014. Divisions (c)(1) and (c)(4) amended; Ord. 22-15, Eff. 3/22/2015. Division (f) amended; Ord. 296-18, Eff. 1/12/2019. Division (f) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (c)(2) and (c)(3) amended; Ord. 136-21, Eff. 9/4/2021. Division (f) amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 182. NONCONFORMING USES: CHANGES OF USE.

(See Interpretations related to this Section.)

The following provisions shall apply to nonconforming uses with respect to changes of use:

(a) A nonconforming use shall not be changed or modified so as to increase the degree of nonconformity under the use limitations of this Code, with respect to the type of use or its intensity except as provided in Section 181 for Nighttime Entertainment uses within the MUG, or MUR Districts. The degree of nonconformity shall be deemed to be increased if the new or modified use is less widely permitted by the use districts of the City than the nonconforming use existing immediately prior thereto. For purposes of this Section, intensification of a Formula Retail use as defined in Section 178(c) is determined to be a change or modification that increases the degree of nonconformity of the use.

(b) Except as limited in this subsection, a nonconforming use may be reduced in size, extent or intensity, or changed to a use that is more widely permitted by the use districts of the City than the existing use, subject to the other applicable provisions of this Code. Except as otherwise provided herein, the new use shall still be classified as a nonconforming use.

(1) Nonconforming Commercial and Industrial uses in a Residential or Residential Enclave District shall be subject to the requirements of Section 186.

(2) A nonconforming use in a Neighborhood Commercial District may be changed to another use as provided in Subsections (c) and (d) below or as provided in Section 186.1 of this Code.

(c) A nonconforming use may be changed to a use listed as a conditional use for the district in which the property is located, only upon approval of a Conditional Use application pursuant to the provisions of Article 3 of this Code, and the new use may thereafter be continued as a permitted conditional use, subject to the limitation of Section 178(b) of this Code.

(d) A nonconforming use may be changed to a use listed as a principal use for the district in which the property is located, subject to the other applicable provisions of this Code, and the new use may thereafter be continued as a permitted principal use.

(e) A nonconforming use may be converted to a Dwelling Unit and to two or more Dwelling Units with Conditional Use authorization, in a district where such use is principally permitted, without regard to the requirements of this Code with respect to residential density or required off-street parking, and the Zoning Administrator may provide relief from certain other standards specified in Section 307(h) through the procedures of that Section, provided the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location, and provided further that the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met.

(f) Once a nonconforming use has been changed to a principal or Conditional Use permitted in the district in which the property is located, or brought closer in any other manner to conformity with the use limitations of this Code, the use of the property may not thereafter be returned to its former nonconforming status. Upon restoration of a previous nonconforming use as permitted above, any modification, enlargement, extension, or change of use, from circumstances that last lawfully existed prior to the change from office use, shall be subject to the provisions of this Article, and the restored nonconforming use shall be considered to have existed continuously since its original establishment, prior to the change to Office use, for purposes of this Article.

(g) If a nonconforming use has been wrongfully changed to another use in violation of any of the foregoing provisions, and the violation is not immediately corrected when required by the Zoning Administrator, the wrongful change shall be deemed to be a discontinuance or abandonment of the nonconforming use under Section 183 of this Code.

(h) If a nonconforming use is a Formula Retail use in a District that prohibits Formula Retail uses, the Formula Retail use is deemed abandoned if it is discontinued for a period of 18 months or more, or otherwise abandoned. The Formula Retail use shall not be restored.

(1) Change of one nonconforming Formula Retail use to another Formula Retail use that is determined to not be an enlargement or intensification of use, as defined in Subsection 178(c), is subject to the Commission's adopted Performance-Based Design Guidelines for Formula Retail, which may be applied and approved administratively by the Planning Department. Non-conformance with the Performance-Based Design Guidelines for Formula Retail as required by the Department may result in termination of the nonconforming Formula Retail use.

(2) Change of one nonconforming Formula Retail use to another Formula Retail use that is determined to be an enlargement or intensification of use, as defined in Subsection 178(c), is not permitted.

(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 532-85, App. 12/4/85; Ord. 69-87, App. 3/13/87; Ord. 445-87, 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 62-04, File No. 031501, App. 4/9/2004; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Divisions (a) and (b)(1) amended; former division (f) deleted, former divisions (g) and (h) redesignated (f) and (g) and internal references adjusted accordingly; Ord. 42-13 , Eff. 4/27/2013. Division (b)(1) amended; former divisions (b)(2) and (4) deleted and former divisions (b)(3) and (5) redesignated as (b)(2) and (3); divisions (c), (d), and (e) amended; Ord. 232-14 , Eff. 12/26/2014. Division (a) amended; new division (h) added; Ord. 235-14 , Eff. 12/26/2014. Divisions (e) and (f) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (a), (b), and (f) amended; division (b)(3) deleted; Ord. 296-18, Eff. 1/12/2019.

SEC. 183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT.

(See Interpretations related to this Section.)

(a) Discontinuance and Abandonment of a Nonconforming Use, Generally. Whenever a nonconforming use has been changed to a conforming use, or discontinued for a continuous period of three years, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being so changed, discontinued, or abandoned be reestablished, and the use of the property thereafter shall be in conformity with the use limitations of this Code for the district in which the property is located. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment.

(b) Discontinuance or Abandonment of a Nonconforming Formula Retail Use. Notwithstanding subsection (a) of this Section, when a nonconforming Formula Retail use has been changed to a conforming use or discontinued for a period of 18 months, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming Formula Retail use, such use shall not be reestablished after being so changed, discontinued or abandoned, and the use of the property thereafter shall be in conformity with the use limitations of this Code for the district in which the property is located.

(c) Discontinuance or Abandonment of Self-Storage Use Due to City and County Occupancy. Adoption of the Western South of Market Area Plan resulted in certain land uses, including Self-Storage, that were previously permitted no longer being permitted. The purpose of this subsection 183(c) is to establish a process by which the owner of property with a Self-Storage use that was established and is operating without the benefit of a required change of use permit may seek and obtain the required permit, lease the property to the City and County of San Francisco for a public safety-related purpose, and re-establish a legal nonconforming Self-Storage use after the City vacates the property.

(1) Legitimization of Existing Self-Storage Use; Notice and Discretionary Review of the Building Permit. In the case of a Self-Storage use that was established and has been operating without the benefit of a required change of use permit, the property owner may seek and be granted such permit notwithstanding the limitation of No. 846.48 in Table 846 of this Code, the permit application shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission provided that:

(A) the permit application is filed for a property located within (i) the Service/Arts/Light Industrial Zoning District and (ii) 1,000 feet of the South Of Market Special Hall Of Justice Legal Services District; and

(B) the Zoning Administrator has determined that the existing Self-Storage use (i) has been regularly operating or functioning prior to the effective date of this subsection 183(c) and (ii) is not accessory to any other use; and

(C) prior to issuance of the building permit to legitimize the existing Self-Storage use, the property owner pays the Transit Impact Development Fee required by Planning Code Section 411 et seq. in the amount that was in effect and would have been due at the time of the original establishment of the existing Self-Storage use; and

(D) the building permit to legitimize the existing Self-Storage use is issued prior to the earlier of (i) commencement of occupancy by the City for a public-safety related purpose or (ii) issuance of a building permit to establish the public safety-related use.

If the property owner has not applied for a building permit to legitimize an existing Self-Storage use and the permit is not issued as set forth in this subsection (c)(1), the Self-Storage use shall be deemed irrevocably abandoned and may not be re-established.

(2) Change of Use from a Self-Storage Use to Public Use; Notice and Discretionary Review of the Building Permit. Any building permit that is required for the City’s occupancy of the property for a public-safety related purpose classified as a Public Use under Section 890.80 of this Code shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission.

(3) Re-establishment of Self-Storage Use; Notice and Discretionary Review of the Building Permit. An existing nonconforming Self-Storage use or a Self-Storage use that is legitimized pursuant to subsection (c)(1), that in either case is changed to a public safety-related use due solely to occupancy by the City and County of San Francisco acting through any of its departments, shall not be considered discontinued or abandoned for purposes of subsection (a) above or any other provision of this Code and the property owner may resume use of the premises as a Self-Storage use after the City vacates the property, provided that:

(A) the City’s occupancy was for a public safety-related purpose classified as a Public Use under Section 890.80 of the Planning Code;

(B) if the pre-existing Self-Storage use had been established and was operating without the required change of use permit, the property owner applied for and was granted a building permit to legitimize the pre-existing Self-Storage Use pursuant to subsection (c)(1); and

(C) the property owner resumes the pre-existing Self-Storage use within two years from the later of (i) the date the City vacated the property or (ii) the date the City’s lease for the property was terminated.

The property owner shall apply for and obtain any permits required to resume the pre-existing Self-Storage use within one year from the date the City vacates the property. If the application for a permit is limited to re-establishment of the pre-existing Self-Storage use, the application shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission.

(4) Extensions of Time.

(A) If a permit to resume the pre-existing Self-Storage use is issued but delayed due to an action before the Board of Appeals or other City agency, or a case in any court of competent jurisdiction, the time to resume such pre-existing use shall be extended by the amount of time final action on the permit was delayed.

(B) The Zoning Administrator may grant one or more extensions of the time within which the pre-existing Self-Storage use must be resumed if the owner or owners of the property have made a good-faith effort to comply but are unable to do so for reasons that are not within their control.

(5) Notice to Property Owner. The Planning Department shall provide written notice to the owner of record of any property that is within the scope of Section 183(c) of any proposed ordinance to substantively amend this Section 183(c) prior to a hearing thereon by the Planning Commission, provided that the property owner has sent a written request for said notice to the Zoning Administrator.

(d) Discontinuance or Abandonment of a Public Parking Lot in the Mission Street NCT District. Notwithstanding subsection (a) of this Section, when less than 25% of the parking spaces within a legally established, nonconforming Public Parking Lot located in the Mission Street NCT Zoning District is converted to an Outdoor Activity Area for a separate use, such conversion does not constitute a discontinuance or abandonment of that portion of the Public Parking Lot use. However, if the remaining Public Parking Lot use is discontinued or abandoned, then the portion converted to Outdoor Activity Area shall also be deemed to be discontinued or abandoned.

(Amended by Ord. 186-84, App. 5/4/84; Ord. 292-98, App. 10/2/98; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 122-18, App. 5/23/2018, Eff. 6/23/2018; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 108-23, File No. 230164, App. 6/23/2023, Eff. 7/24/2023)

AMENDMENT HISTORY

Former section amended and designated as division (a); new division (b) added; Ord. 235-14 , Eff. 12/26/2014. Division (a) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; divisions (c) – (c)(5) added; Ord. 122-18, Eff. 6/23/2018. Division (a) amended; Ord. 233-21, Eff. 1/22/2022. Division (a) amended; Ord. 37-22, Eff. 4/14/2022. Division (d) added; Ord. 108-23, Eff. 7/24/2023.

SEC. 183.1. PERMITTED, NON-CONFORMING, AND CONDITIONALLY PERMITTED USES: TEMPORARY USES.

Any permitted, non-conforming, or conditionally permitted use may be changed to a temporary use without abandoning its original status or authorization as a permitted, non-conforming or conditionally permitted use under Planning Code Article 1.7, provided that such temporary use is permitted and has been authorized as required by any applicable law.

(Added by Proposition H, 11/3/2020, Eff. 12/18/2020)

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