(See Interpretations related to this Section.)
A temporary use may be authorized for the following uses as specified below:
(a) Temporary authorization for a period not to exceed one year.
(1) Temporary Wireless Telecommunications Services (WTS) Facilities, if the following requirements are met:
(A) The Planning Director determines that the Temporary WTS Facility shall be sited and constructed so as to:
(i) avoid proximity to residential dwellings to the maximum extent feasible;
(ii) comply with the provisions of Article 29 of the Police Code;
(iii) be no taller than needed;
(iv) be physically screened to the maximum extent feasible; and
(v) be erected for no longer than reasonably required.
(C) The Planning Department may require, where appropriate, notices along street frontages abutting the location of the Temporary WTS Facility indicating the nature of the facility and the duration of the permit.
(2) Pop-Up Activations. Pop-Up Activations are temporary Non-Residential uses, including but not limited to Pop-Up Retail, Entertainment, or Arts Activity uses, permitted within either a vacant space last occupied by a Non-Residential use or a space occupied by a legally established Non-Residential use, and that is located within a C-3 zoning district or a C-2 zoning district that is east of or fronting Franklin/13th Street and north of Townsend Street or within an NC, NCT, or Mixed-Use District that is south of Market Street, north of Townsend/Division/13th Streets, and east of South Van Ness Avenue. Such uses may include Formula Retail uses so long as Formula Retail uses are principally permitted in the underlying zoning.
(b) Temporary authorization for a period not to exceed two years.
(1) Temporary structures and uses incidental to the construction of a group of buildings on the same or adjacent premises;
(2) Rental or sales office incidental to a new residential development, not including the conduct of a general real estate business, provided that it be located within the development, and in a temporary structure or part of a dwelling. A temporary use may be authorized for a period not to exceed one year (including any extensions) for the following year.
(3) In any M-1 or M-2 District, an Automobile Wrecking use as defined in Section 102 of this Code, provided if the operation would be a conditional use in the district in question, that the Planning Director determines the operation will meet within 90 days of commencing operation all conditions applicable to such use in that district.
(c) Temporary authorization for a period not to exceed five years, with exceptions as specified herein.
(1) Vehicle Triage Centers or Safe Parking Program sites.
(A) On parcels designated and authorized, as applicable, for use as Vehicle Triage Centers or Safe Parking Program sites, temporary long-term parking of and overnight camping in vehicles, and ancillary uses in portable, temporary structures including administrative offices, restrooms, showering or bathing facilities, kitchen or other food preparation facilities, and eating areas, may be permitted, subject to compliance with all other Municipal Code requirements, including but not limited to the Overnight Safe Parking Pilot Program, Administrative Code Chapter 119, Article I.
(B) The Director may authorize up to two extensions of this temporary use for a maximum of six months each, based on public health and safety considerations or delay in approval or operation of the site as a Vehicle Triage Center or Safe Parking Program site.
(d) Temporary authorization for a period not to exceed seven years. Temporary Cannabis Retail Use, as provided by Section 191, to be authorized no earlier than January 1, 2018 and to expire on December 31, 2024. This is the only type of Temporary Use allowed for the sale of cannabis or cannabis products.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 456-86, App. 11/25/86; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 213-19, File No. 190812, App. 9/20/2019, Eff. 10/21/2019; Ord. 274-19, File No. 190842, App. 11/27/2019, Eff. 12/28/2019, Retro. 1/1/2019; Ord. 35-20, File No. 190355, App. 3/6/2020, Eff. 4/6/2020; Ord. 249-22
, File No. 220542, App. 12/16/2022, Eff. 1/16/2023; division (d)1 retro. 1/1/2022; 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. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024, Retro. 1/1/2024)
AMENDMENT HISTORY
Division (c) amended; Ord. 22-15, Eff. 3/22/2015. Division (d) added; Ord. 166-16
, Eff. 9/10/2016. Division (e) added; Ord. 229-17, Eff. 1/5/2018. Division (e) amended; Ord. 202-18, Eff. 9/10/2018. Division (f) added; Ord. 213-19, Eff. 10/21/2019. Section header, introductory paragraph, and division (e) amended; Ord. 274-19, Eff. 12/28/2019. Divisions (c) and (d)(1) amended; Ord. 35-20, Eff. 4/6/2020. Section header and introductory paragraph amended; divisions (a)-(c) redesignated as (b)(1)-(3); divisions (d)-(d)(3) and (f) deleted; new divisions (a)-(a)(3), (b), (c)- (c)(1)(B), and (d) added; division (e) amended;1 Ord. 249-22
, Eff. 1/16/2023. Divisions (a)-(a)(3) redesignated as (a)-(a)(1)(C); new division (a)(2) added; Ord. 122-23
, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Section header amended; divisions (d)-(e) amended as division (d); Ord. 68-24, Retro. 1/1/2024.