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(See Interpretations related to this Section.)
This section is intended to provide for the re-use of (1) multi-story buildings, or (2) buildings with either a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed prior to the effective date of this provision (Ordinance No. 445-87) for single-tenant occupancy, by uses which are otherwise not permitted on upper stories pursuant to Article 7 of this Code.
(a) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single-tenant occupancy, a use which is permitted as a principal or conditional use at the first story and below may also locate in the upper stories of the building as a nonconforming use as provided in Section 186.1(b) above, if the use occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.
(b) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single-tenant occupancy, an existing first-story nonconforming use may expand above the story which it lawfully occupies as provided in Section 186.1(b) above only if the expanded area is occupied by the same tenant operating the nonconforming use which occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.
(c) Except as provided in this Section or by subsequent changes to the provisions of this Code, new nonconforming uses shall not be established in Neighborhood Commercial Districts.
(Added by Ord. 445-87, App. 11/12/87)
Any use listed as a Principal or Conditional Use permitted on the ground floor in an NC-1 District, when located in a structure on a landmark site designated pursuant to Article 10 of this Code, is permitted with Conditional Use authorization pursuant to Section 303 of this Code, provided that no Conditional Use shall be authorized under this provision unless (1) such authorization conforms to the applicable provisions of Section 303 of this Code, and (2) the specific use so authorized is essential to the feasibility of retaining and preserving the landmark.
AMENDMENT HISTORY
Section and heading amended; Ord. 63-20, Eff. 5/25/2020.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; repealed by Ord. 176-12
, File No. 120472, App. 8/7/2012, Eff. 9/6/2012)
(See Interpretations related to this Section.)
(a) Continuation as a Nonconforming Use. Notwithstanding any other provision of this Code, an Automotive Service Station or a Gas Station as defined in Section 102 of this Code, located in a Residential district, and having legal nonconforming use status under the provisions of this Code on January 1, 1980, shall be regarded as a legal nonconforming use so long as the station either: (1) continues to sell and dispense gasoline and other motor fuels and lubricating fluids directly into motor vehicles, or (2) transitions to an Electric Vehicle Charging Location.
(b) Enlargement and Intensification. An Automotive Service Station regarded as a legal nonconforming use under subsection (a) of this Section 187.1 may enlarge or intensify its current service station operations provided the station receives Conditional Use authorization for such enlargement or intensification under Section 303 of this Code. Conditional Use authorizations issued pursuant to this Section 187.1 shall not contain termination dates.
(c) Accessory Uses. Parking for car-share vehicles, as defined in Section 166, is permitted as an Accessory Use, and the addition of car-share vehicle parking shall not constitute an enlargement or intensification of the use.
AMENDMENT HISTORY
(a) Notwithstanding any other provision of this Code, an Automotive Wash, as defined by Section 102 of this Code, is permitted as a conditional use on the same premises as an Automotive Service Station or Automotive Gas Station, existing on the effective date of this Section, and located on Nineteenth Avenue, starting at Lincoln Way and continuing south on Nineteenth Avenue to the southerly portion of Nineteenth Avenue to the intersection with Junipero Serra Boulevard, and continuing south along Junipero Serra Boulevard to the southern boundary of the City and County of San Francisco provided:
(1) A vehicle storage and standing area is provided on the premises outside the washing facilities of sufficient size to accommodate at least one-quarter of the hourly capacity in vehicles of the facility;
(2) Noise from the facility complies with Article 29 of the San Francisco Police Code and in no event shall noise from mechanical equipment exceed 65 dBA, as defined in Article 29, from 7:00 a.m. to 10:00 p.m., or 60 dBA from 10:00 p.m. to 7:00 a.m., when measured at any location on adjoining residential property;
(3) Automobile washing and drying occurs entirely within an enclosed building;
(4) Water use and reclamation meets criteria established by the Zoning Administrator in consultation with staff from the San Francisco Public Utilities Commission;
(5) A traffic study demonstrates that the operation will not cause a new significant impact on traffic on adjacent streets; and
(6) The facility is located on a lot equal to or greater than 12,000 square feet.
AMENDMENT HISTORY
Former divisions (a) and (b) deleted and former division (c) redesignated as (a) and amended; Ord. 22-15, Eff. 3/22/2015.
(a) Intent. The purpose of this Section 187.3 is to recognize the impacts of the COVID-19 pandemic on small businesses, to acknowledge the contribution of those businesses’ Awnings and Signs, as defined in Sections 102 and 602 of this Code, respectively, to the diverse character of the City’s commercial corridors, and to establish a time-limited program whereby certain existing Awnings and Signs that have been erected, installed, or maintained without required permits may be allowed to remain.
(b) Controls. Notwithstanding any other provision of this Code, an Awning or Business Sign physically existing on or serving a non-Residential business on August 20, 2023 may be considered an existing noncomplying structure and/or nonconforming use governed by this Article 1.7 so long as the Sign or Awning is not affixed to a building designated as significant or contributory under Article 11 of this Code. In addition to the foregoing, Awnings or Signs that have been required by the Department of Building Inspection on or after January 1, 2023 to be replaced or altered, may be replaced or altered consistent with such requirement and subsequently considered noncomplying structures and/or nonconforming uses subject to this Section 187.3 so long as such replacement or alteration does not increase the degree of nonconformity or noncompliance with other Sections of this Code. All Signs must comply with the illumination provisions of Article 6 of this Code.
(c) Procedures. The Planning Director or Zoning Administrator or their designee(s) shall determine the degree of nonconformity or noncompliance for each Awning or Sign that is granted amnesty under this Section. Determinations of nonconformity and/or noncompliance shall be based on (i) historical photographs to be provided by the applicant and/or which are publicly available; (ii) current photographs provided by the applicant, including photographs showing the Awning’s points of attachment to the building; and (iii) drawings provided by the applicant which need not be prepared by a state licensed contractor or architect, or registered engineer so long as those drawings depict the width, depth, height, projection, elevation, and other key characteristics of the Signs or Awnings in question. Such determination shall be memorialized either on a Building Permit, Sign Permit, or other form developed by the Planning Department or other City agency.
(d) Fees. Notwithstanding any other provision of this Code or the Administrative Code, no fee shall be charged by the Planning Department for a determination under this Section and/or for review of Building Permit Applications, Sign Permit Applications, or other approvals which relate exclusively to the implementation of this Section, including any enforcement fees under Section 350(g)(1) of this Code, as long as the application is submitted before July 1, 2025.
AMENDMENT HISTORY
Divisions (b) and (d) amended; division (e) deleted; Ord. 177-24, Eff. 8/17/2024, Retro. 6/1/2024.
(See Interpretations related to this Section.)
(a) Within the limitations of this Article 1.7, and especially Sections 172 and 180 hereof, a noncomplying structure as defined in Section 180 may be enlarged, altered, or relocated, or undergo a change or intensification of use in conformity with the use limitations of this Code, provided that with respect to such structure there is no increase in any discrepancy, or any 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, and provided the remaining requirements of this Code are met.
(b) A noncomplying structure 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; provided that such restoration is permitted by the Building Code, and is started within eighteen months and diligently prosecuted to completion. Except as provided in Subsection (c) below, no noncomplying structure 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 requirements of this Code.
For purposes of this Subsection (b), "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.
(c) In order that major life safety hazards in noncomplying structures may be eliminated as expeditiously as possible, a noncomplying structure constructed of unreinforced masonry that is inconsistent with the requirements of the UMB Seismic Retrofit Ordinance, Ordinance No. 225-92, may be demolished and reconstructed to the same level of noncompliance; provided that:
(1) The current requirements of the Building, Housing and Fire Codes and, as applicable, Planning Code are met, provided that the Zoning Administrator may, and is hereby empowered to, permit minor modifications to Planning Code requirements (which may include permitting an increase in the building envelope or a reduction in the number of parking spaces) to the extent necessary and required to bring the replacement building up to such applicable Code requirements and to allow replacement of the demolished building with a building which contains a comparable amount of square footage or the same number of residential units as that of the demolished building. The Zoning Administrator shall provide a written determination regarding such permitted Planning Code modifications; and
(2) Such restoration or reconstruction is started within one year after razing or other demolition work on the structure and diligently prosecuted to completion.
(d) Notwithstanding Subsection (a) of this Section, a noncomplying structure as defined in Section 180, may add nonusable space. "Nonusable space" is space not used for living, sleeping, eating, cooking or working. Public corridors, mechanical space, fire stairs and similar areas, are nonusable space. The enlargement must:
(1) Facilitate the adaptive reuse or the rehabilitation of a landmark site or contributory structure within a Historic District designated under Article 10 of this Code or a significant structure or contributory structure within a Conservation District designated under Article 11 of this Code; and
(A) Be necessary to comply with Building Code, Fire Code or Planning Code requirements; or
(B) Enhance the life safety aspects of the building and/or mechanical, environmental control systems; or
(2) Be located within a C-3 District, and:
(A) Be necessary to comply with Building Code, Fire Code or Planning Code requirements; or
(B) Enhance aesthetic qualities and/or character; or
(C) Enhance the life safety aspects of the building and/or mechanical, environmental control systems; or
(3) Application for enlargement of a non-complying structure under Subsection (d)(1) shall be considered as part of an application for a Certificate of Appropriateness under Article 10 or a Permit to Alter under Article 11 of this Code. Any application to enlarge a noncomplying structure under Article 11 shall be considered as a major alteration under Section 1111 of the Planning Code. Application to alter a noncomplying structure not designated an Article 11 significant or contributory building under Subsection (d)(2) shall be considered under the provisions of Section 309(b) of this Code. These applications shall be subject to the following additional criteria:
(A) That the enlargement promote the health, safety and welfare of the public; and
(B) That the enlargement not cause significant shadows or wind impacts on public sidewalks and parks; and
(C) That the structure provides an appropriate transition to adjacent properties, as necessary; and
(D) That the interior block open space formed by the rear yards of abutting properties will not be adversely affected; and
(E) That the access of light and air to abutting properties will not be significantly affected; and
(F) That public view corridors not be significantly affected; and
(4) The City Planning Commission, subject to the same application procedures of Section 188(d)(3) above, may grant an exception to the Planning Code requirements rather than expansion of the structure to accommodate the Planning Code requirements. The exception of the Planning Code requirement shall be subject to the criteria below:
(A) That the exception promote the health, safety and welfare of the public; and
(B) That the exception result in an increased benefit to the public and the adjacent properties over the increase in nonconformance; and
(C) That the exception not be detrimental to either the occupants of the proposed project or to the neighborhood.
(e) Historic Movie Theater Marquees and Projecting Signs. Notwithstanding Subsection (a) of this Section, and in order that certain character-defining architectural elements of Qualified Movie Theaters be preserved and enhanced, a noncomplying Historic Movie Theater Projecting Sign, as defined in Section 602, and/or a noncomplying Historic Movie Theater Marquee, as defined in Section 602, may be preserved, rehabilitated, or restored. A noncomplying Historic Movie Theater Projecting Sign or a noncomplying Historic Movie Theater Marquee removed from a Qualified Movie Theater prior to or in absence of an application for replacement may be reconstructed.
(1) For the purposes of this Section, “Qualified Movie Theater” shall mean a building that: (A) is currently or has been used as a Movie Theater; and (B) is listed on or eligible for listing on the National Register of Historic Places or the California Register of Historical Resources, designated a City Landmark or a contributor to a City Landmark District under Article 10, or designated as a Significant or Contributory Building under Article 11.
(2) Any preservation, rehabilitation, restoration, or reconstruction permitted under this Section shall be in strict conformity with the overall design, scale, and character of the existing or previously existing Historic Movie Theater Sign or Historic Movie Theater Marquee and:
(A) For a Qualified Movie Theater that retains its Historic Movie Theater Projecting Sign and/or Historic Movie Theater Marquee, the signage features shall be limited to the following:
(i) On a Historic Movie Theater Projecting Sign, the historic name associated with a previous theater occupant;
(ii) On a Historic Movie Theater Marquee, the historic name associated with a previous theater occupant and, where applicable, on the signboard, other information that is an Identifying Sign, as defined in Section 602, provided such information shall be contained within the signboard, shall not consist of any logos, and shall be in the character of lettering historically found on Movie Theater signboards in terms of size, font, and detail.
(B) For a Qualified Movie Theater where the Historic Movie Theater Projecting Sign and/or Historic Movie Theater Marquee has been removed and is proposed to be reconstructed, the overall design and signage features shall be limited to the following:
(i) On a Historic Movie Theater Projecting Sign, the historic name associated with a previous theater occupant;
(ii) On a Historic Movie Theater Marquee, the historic name associated with a previous theater occupant and, where applicable, on the signboard, other information that is an Identifying Sign, as defined in Section 602, provided such information shall be contained within the signboard, shall not consist of any logos, and shall be in the character of lettering historically found on Movie Theater signboards in terms of size, font, and detail.
(C) Any application to reconstruct shall include evidence of the dimensions, scale, materials, placement, and features of the previously existing Historic Movie Theater Projecting Sign and/or Historic Movie Theater Marquee, as well as any other information required by the Zoning Administrator.
(D) General advertising signs shall not be permitted on either a Historic Movie Theater Projecting Sign or a Historic Movie Theater Marquee.
(f) Notwithstanding Subsection (a) of this Section 188, a secondary structure that is noncomplying with respect to the maximum floor area ratio limit may be removed, in whole or in part, and reconstructed pursuant to the criteria below. For purposes of this Subsection (f), a secondary structure means a structure located on a lot with two or more structures that has no more than one-quarter of the gross floor area of the primary structure on the lot.
(1) The proposed removal and reconstruction shall:
(A) Be located within a C-3-R District on Block 295, Lot 16;
(B) Promote and enhance the C-3-R District as a retail destination;
(C) Result in an increased benefit to the public and the adjacent properties;
(D) Enhance the aesthetic qualities and/or character of the lot;
(E) Result in a net decrease of gross floor area of all structures on the subject property;
(F) Result in a structure that more closely conforms to the floor area ratio limit;
(G) Not result in an adverse impact to a historic resource;
(H) Not cause significant shadows or wind impacts on public sidewalks or parks;
(I) Not obstruct significant public view corridors; and
(J) Not significantly impair light and air to abutting properties.
(2) An application for removal and reconstruction of a non-complying secondary structure shall be considered under the provisions of Section 309(b) of this Code.
(g) Notwithstanding subsection (a) of this Section 188, Terrace Infill, defined as new floor area or building volume located within an existing terrace may be permitted on a noncomplying structure, as defined in Planning Code Section 180, that is designated as a Significant Building under Article 11 of this Code, notwithstanding otherwise applicable height, floor area ratio, and bulk limits, as follows: on Assessor’s Block 0316, Terrace Infill may be permitted to be enclosed within an existing terrace that is already framed by no less than one wall; and on Assessor’s Block 3707, Terrace Infill may be permitted within an existing rooftop terrace that is behind a parapet at least 17 feet in height along the primary building frontage. An application for Terrace Infill shall be considered a Major Alteration under Section 1111.1 of this Code and shall be subject to the applicable provisions of Article 11 of this Code, including but not limited to the requirement to apply for and procure a Permit to Alter. As part of the Historic Preservation Commission’s consideration of such application, in addition to other requirements set forth in this Code, the facts presented must establish that the Terrace Infill (1) would not be visible from the primary building frontage, and (2) would not exceed 1,500 net new square feet per building. Unless the Board of Supervisors adopts an ordinance extending the term of this subsection (g), it shall expire by operation of law on January 31, 2028. After that date, the City Attorney shall cause this subsection to be removed from the Planning Code.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 268-91, App. 6/26/91; Ord. 227-92, App. 7/14/92; Ord. 242-08, File No. 071431, App. 10/30/2008; Ord. 224-11
, File No. 110590, App. 11/15/2011, Eff. 12/15/2011; Ord. 25-14, File No. 131059, App. 3/17/2014, Eff. 4/16/2014; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 11-17, File No. 161068, App. 2/3/2017, Eff. 3/5/2017; Ord. 211-19, File No. 190702, App. 9/20/2019, Eff. 10/21/2019; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024)
AMENDMENT HISTORY
Division (b) amended; Ord. 224-11
, Eff. 12/15/2011. Division (f) added; Ord. 25-14, Eff. 4/16/2014. Division (e) amended; Ord. 217-16, Eff. 12/10/2016. Division (g) added; Ord. 11-17, Eff. 3/5/2017. Division (g) removed; Expired 1/31/2019. Section header and division (a) amended; new division (g) added; Ord. 211-19, Eff. 10/21/2019. Division (c) amended; Ord. 33-24, Eff. 3/23/2024.
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