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(See Interpretations related to this Section.)
No use shall be permitted as an accessory use to a use other than a dwelling in any Residential District that involves or requires any of the following:
(a) The use of more than one-fourth of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading;
(b) The use of show windows or window displays or advertising to attract customers or clients, except for an identifying sign and regulated in Article 6 of this Code; or
(c) The conduct of any activity of a profit-making or commercial nature, except as an integral part of the permitted principal or conditional use where such activity is expressly permitted by the Zoning Control Table for the district; or
(d) A Medical Cannabis Dispensary as defined in Section 102 of this Code.
(e) An Adult Sex Venue as defined in Section 102 of this Code.
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) Purpose. The purpose of this Section 204.3 is to regulate Accessory Uses other than Dwellings in C, RC, M, and PDR Districts, so as to permit related Accessory Uses while restricting uses incompatible with the purpose or detrimental to the character of a district.
(b) Controls. An Accessory Use to a lawful Principal or Conditional Use is subject to the following limitations:
(1) Floor Area Limitations. An Accessory Use may not occupy more than one-third of the total Floor Area occupied by such use, any additional accessory uses, and the Principal or Conditional Use to which it is accessory, except in the case of:
(A) accessory off-street parking or loading;
(B) accessory wholesaling, manufacturing, or processing of foods, goods, or commodities; and
(C) except in PDR Districts, Arts Activities.
(2) Noise and Vibration Limitations. Any noise, vibration, or unhealthful emissions may not extend beyond the premises of the use.
(3) Limitations on Cannabis Retail Accessory Uses. The sale of cannabis as an Accessory Use is subject to any applicable limitations or regulations imposed by the Office of Cannabis. Cannabis Retail is not permitted as an Accessory Use unless the Cannabis Retail establishment holds a permit from the City’s Office of Cannabis specifically permitting Cannabis Retail accessory to another activity on the same premises.
(4) Accessory Catering Use to Restaurants and Limited Restaurants. Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Restaurants and Limited Restaurants.
(5) Retail Uses Accessory to PDR Uses in PDR Districts. Multiple PDR uses within a single building or development may combine their accessory retail allotment into one or more shared retail spaces, provided that the total allotment of accessory retail space per use does not exceed what otherwise would be permitted by this Section 204.3.
(6) Antennas in C, M, and PDR Districts. An antenna or a microwave or satellite dish shall be permitted in, C, M, and PDR Districts, except PDR-1-B Districts, without regard to the height of such antenna or microwave or satellite dish and without regard to the proximity of such antenna or microwave or satellite dish to any R District, if the following requirements are met:
(A) the antenna or dish will be used for the reception of indoor wireless, microwave, radio, satellite, or television broadcasts for the exclusive benefit of the residents or occupants in the building on which the facility is placed;;1
(B) the antenna or dish is an accessory use to a lawful principal or conditional use; and; and1
(C) the antenna or dish shall comply with any applicable design review criteria, including but not limited to any applicable design review criteria contained in the Wireless Telecommunications Services Facility Siting Guidelines.
This subsection (6) shall not apply to an antenna or a microwave or satellite dish that complies with the Federal Communications Commission’s Over the Air Receiving Device rules.
(e) Accessory Storage in C Districts. Accessory storage on the second floor and above is permitted for stock and trade relating to retail uses with street level storefronts in the same building. There shall be no limitation on the square footage of accessory storage as long as the storage supports a ground floor use in the same building.
(f) Prohibition of Non-Cannabis Parcel Delivery Service as Accessory Use. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use.
(Amended by Ord. 111-80, App. 3/28/80; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 71-14
, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024)
AMENDMENT HISTORY
[Former] division (d) amended; Ord. 71-14
, Eff. 6/22/2014. Section header and division (a) amended; former divisions (a)(1)-(3) and (5) deleted, former division (a)(4) redesignated as (a)(1) and amended, and new division (a)(2) added; former divisions (b) and (c) deleted and former division (d) redesignated as (b) and amended; Ord. 232-14
, Eff. 12/26/2014. Section header amended; Ord. 22-15, Eff. 3/22/2015. Division (c) added; Ord. 166-16
, Eff. 9/10/2016. Divisions (a)-(a)(2) amended; division (a)(3) added; divisions (b) and (c)-(c)(2) amended; Ord. 229-17, Eff. 1/5/2018. Division (a)(4) added; Ord. 196-18, Eff. 9/10/2018. Division (d) added; Ord. 75-22, Eff. 6/13/2022. New division (a) added; former divisions (a)-(a)(4), (b), and (c)-(c)(3) amended as (b)-(b)(6)(C); Ord. 70-23, Eff. 6/3/2023. Division (e) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (f) added; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024; and Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024.
CODIFICATION NOTE
1. So in Ord. 70-23.
(See Interpretations related to this Section.)
(a) Hotel and Motel Uses. In any District, one Dwelling Unit to serve as the residence of a manager and the manager’s household shall be permitted as an Accessory Use for any permitted Hotel, Motel or Group Housing structure, without any such structure being classified as a dwelling for purposes of this Code due to the presence of such Dwelling Unit.
(b) Artist and Artisan Work Spaces. In any NC, RC, C, M, PDR, DTR, or Eastern Neighborhoods Mixed Use District, except for properties within the Western SoMa Special Use District, Dwelling Units that are integrated with the working space of artists, artisans and other craftspersons shall be permitted as an Accessory Use to such working space, when such Dwelling Units are occupied by a group of persons including no more than four adults, and where the occupancy meets all applicable provisions of the Building Code and Housing Code.
(1) In PDR and WMUG Districts, Dwelling Units permitted by Section 204.4(b) may not represent more than one-fourth of the total floor area occupied by such use and the Principal Use to which it is accessory.
(c) Caretakers’ Residences in M and PDR Districts. In any M or PDR District, one Dwelling Unit or other form of habitation to serve as the residence of a caretaker and the caretaker’s household shall be permitted as an Accessory Use for any permitted Principal or Conditional Use in such district, where the operation of such use necessitates location of such residence in such district.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 99-08, File No. 080339, App. 6/11/2008; 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. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
AMENDMENT HISTORY
(See Interpretations related to this Section.)
In order to be classified as an Accessory Use, off-street parking and loading shall meet all of the following conditions:
(b) Parking Accessory to Dwellings. Unless rented on a monthly basis to serve a nearby resident as described in subsection (c) below, required accessory parking facilities for any Dwelling in any R District shall be limited, further, to storage of private passenger automobiles, private automobile trailers, boats, bicycle parking, scooters, motorcycles, and car-share vehicles as permitted by Section 150 and trucks of a rated capacity not exceeding three-quarters of a ton.
(c) Lease of Accessory Residential and Live/Work Parking to Neighbors. Notwithstanding any provision of this Code to the contrary, the following shall be permitted as an Accessory Use:
(1) for use by any resident of a Dwelling Unit located on a different lot within 1,250 feet of such parking space; or
(2) for use by any resident of a Dwelling Unit located on a different lot within the City and County of San Francisco so long as no more than five spaces are rented to those who live beyond 1,250 feet of such parking space.
(d) Parking Exceeding Accessory Amounts. Accessory parking facilities shall include only those facilities that do not exceed the amounts permitted by Section 151(c) or Table 151.1. Off-street parking facilities that exceed the accessory amounts shall be classified as a separate use, and may be principally or conditionally permitted as indicated in the Zoning Control Table for the district in which such facilities are located.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 112-08, File No. 080095, App. 6/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 209-12
, File No. 120631, App. 9/28/2012, Eff. 10/28/2012; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
AMENDMENT HISTORY
Divisions (b) and (b)(1) amended; divisions (b)(1)(A) and (B) added; Ord. 209-12
, Eff. 10/28/2012. Divisions (b) and (c) amended; Ord. 232-14
, Eff. 12/26/2014. Divisions (a), (b), and (c) amended; Ord. 188-15
, Eff. 12/4/2015. Divisions (a), (b), (b)(1)(B), and (c) amended; Ord. 99-17, Eff. 6/18/2017. Non-substantive amendments; designation of former division (b)(1) removed; former divisions (b)(1)(A) and (B) redesignated as divisions (b)(1) and (b)(2); Ord. 202-18, Eff. 9/10/2018. Division (a) amended; former divisions (b)-(b)(2) redesignated as divisions (b) and (c)- (c)(2); current divisions (b) and (c) amended; former division (c) redesignated as division (d); Ord. 311-18, Eff. 1/21/2019. Division (b) amended; Ord. 63-20, Eff. 5/25/2020.
In all use districts of the City, Fleet Charging is not permitted as an Accessory Use.
(Added by Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)
(See Interpretations related to this Section.)
(a) The temporary uses listed in Sections 205.1 through 205.7, where not otherwise permitted in the district, may be authorized as provided therein and in this Section 205, up to the time limits indicated. Further time for such uses may be authorized only by action upon a new application, subject to all the requirements for the original application, unless otherwise indicated in Sections 205.1 through 205.7.
(b) Action upon such uses may be authorized by the Planning Director without a public hearing.
(c) Wherever a use exists at the effective date of this Code or of an amendment thereto under which such use is classified as a temporary use, or wherever a use is being conducted under a temporary use authorization given prior to such a date, such use may be continued for the maximum term specified therefor, calculated from said effective date or date of authorization. No such use shall continue thereafter unless a temporary use authorization has been sought and obtained under a new application. Continuance of a temporary use beyond the date of expiration of the period authorized therefor, or failure to remove a structure for such temporary use within 10 days thereafter, shall constitute a violation of this Code.
(d) The time periods referenced in Sections 205.1 through 205.3 and Sections 205.5 through 205.7 are consecutive hours or consecutive calendar days; they are not the total number of hours or days that the use is in operation. Therefore, a 24-hour authorization that begins at 6:00 a.m. expires at 6:00 a.m. the following day, even if the use was in operation only eight hours of that 24-hour period. Similarly, a 60-day authorization expires after 60 calendar days even though the use may only have been open for business three days per week during that 60-day period. Hours or days of unused authorization cannot be stored or credited.
(e) Any temporary uses authorized pursuant to this Section 205 and Sections 205.1 through 205.7 shall not be required to comply with any Planning Code requirements that are not expressly applicable to such temporary uses under this Section 205 and Sections 205.1 through 205.7, provided, however, any temporary uses authorized pursuant to this Section 205 and Sections 205.1 through 205.7 shall be subject to all applicable initiative ordinances approved by the voters of the City and County of San Francisco.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 212-94, 6/2/94; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 297-10, File No. 101351, App. 12/3/2010; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 35-20, File No. 190355, App. 3/6/2020, Eff. 4/6/2020; Ord. 140-20, File No. 200215, App. 8/28/2020, Eff. 9/28/2020)
AMENDMENT HISTORY
A temporary use may be authorized for a period not to exceed 60 days for any of the following uses:
(a) Neighborhood carnival, exhibition, celebration or festival sponsored by an organized group of residents in the vicinity or, in Neighborhood Commercial, Mixed Use, PDR, C, or M Districts, sponsored by property owners or businesses in the vicinity;
(b) Booth for charitable, patriotic or welfare purposes;
(c) Open air sale of agriculturally produced seasonal decorations, including, but not necessarily limited to, Christmas trees and Halloween pumpkins;
(d) Pop-Up Retail, which is a temporary Retail Use permitted within either a vacant commercial space or a space occupied by a legally established Commercial Use. If the Pop-Up Retail use is in a Residential District then the temporary Pop-Up Retail use may not serve alcohol or have hours of operation past 10:00 pm, and such use shall not be permitted within six months of the date a prior Pop-Up Retail use began its occupancy of the same commercial space.
(e) Within the C-3-R District, installation of a temporary Sign, other than a General Advertising Sign, or a temporary decorative or artistic display or installation. Such Sign or installation shall have a maximum height of 16 feet above the roofline of the building to which it is affixed.
(Amended by Ord. 615-79, App. 12/13/79; Ord. 15-98, App. 1/16/98; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023)
AMENDMENT HISTORY
Division (a) amended; Ord. 140-11, Eff. 8/4/2011. Division (d) added; Ord. 285-18, Eff. 1/7/2019. Division (d) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Division (e) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023.
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