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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 11:
PRESERVATION OF BUILDINGS AND DISTRICTS OF ARCHITECTURAL, HISTORICAL, AND AESTHETIC IMPORTANCE IN THE C-3 DISTRICTS
 
Findings and Purposes.
Standards for Designation of Buildings.
Designation of Buildings.
Standards for Designation of Conservation Districts.
Conservation District Designations.
Procedures for Change of Designation and Designation of Additional Significant and Contributory Buildings.
Procedures for Designation of Additional Conservation Districts or Boundary Change of Conservation Districts.
Notice of Designation.
Preservation Lots: Eligibility for Transfer of Development Rights.
Construction, Alteration or Demolition of Significant or Contributory Buildings or Buildings in Conservation Districts.
Applications for Permits to Alter, Permits to Demolish, and Permits for New Construction in Conservation Districts.
Determination of Minor and Major Alterations.
Sign Permits.
Review by the Planning Department.
Scheduling and Notice of Historic Preservation Commission Hearings.
Decision by the Historic Preservation Commission.
Standards and Requirements for Review of Applications for Alterations.
Standards and Requirements for Review of Applications for Demolition.
Standards of Review for New and Replacement Construction in Conservation Districts.
Modification of a Decision of the Historic Preservation Commission.
Appeal.
Unlawful Alteration or Demolition.
Conformity with Other City Permit Processes.
Unsafe or Dangerous Conditions.
Maintenance Requirements and Enforcement Thereof.
Enforcement and Penalties.
Relationship to Article 10.
Notice of Amendment.
Notice Procedure.
Time Provisions.
Severability.
Category I Buildings.
Category II Buildings.
Category III Buildings.
Category IV Buildings.
Kearny-Market-Mason-Sutter Conservation District.
New Montgomery-Mission-Second Street Conservation District.
Commercial-Leidesdorff Conservation District.
Front-California Conservation District.
Kearny-Belden Conservation District.
Pine-Sansome Conservation District.
Mint-Mission Conservation District.
 
SEC. 1101.  FINDINGS AND PURPOSES.
   (a)   It is hereby found that a substantial number of the buildings in the C-3 District have a special architectural, historical, and aesthetic value. These buildings contribute substantially to San Francisco's reputation throughout the United States as a City of outstanding beauty and physical harmony. A substantial number of these special buildings have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving and continuing their use, and without adequate consideration for the irreplaceable loss to the people of the City of their aesthetic, cultural, historic and economic value.
   (b)   It is further found that distinct and definable subareas within the C-3 District possess concentrations of buildings that together create a unique historic, architectural, and aesthetic character which contributes to the beauty and attractiveness of the City. The quality of these geographic areas has been and continues to be degraded by the unnecessary demolition of buildings of substantial architectural and aesthetic merit, by their replacement with buildings which conflict with the character and scale of the area, and by alteration of buildings in a manner which conflicts with the character and scale of the area.
   (c)   It is therefore declared that the protection, enhancement, and perpetuation of buildings and definable subareas of special architectural, historical, and aesthetic interest is necessary to promote the health, safety, prosperity and welfare of the people of the City. Accordingly, the purposes of this Article are:
      (1)   The protection, enhancement, and perpetuation of structures and subareas of special architectural, historical, and aesthetic character which contribute to the urban environment;
      (2)   The maintenance and improvement of a healthy economy for the City by enhancing both property values and the City's attractiveness as a place to do business;
      (3)   The protection and improvement of the City's attractiveness to tourists and other visitors, and the stimulus to business provided thereby;
      (4)   The enrichment of the educational, cultural, aesthetic and spiritual life of the inhabitants of the City by fostering knowledge of the heritage of the City's past and retaining the quality of the City's urban environment.
   (d)   It is further found that the use of Transferable Development Rights ("TDR") as provided herein is necessary to promote the urban planning and design goals of the General Plan by:
      (1)   maintaining appropriate overall development capacities in each zoning district within the C-3 area, as defined by applicable floor area, height, bulk and other parameters;
      (2)   encouraging and directing development into the Special Development District in order to maintain a compact downtown financial district; and
      (3)   facilitating the retention of Significant Buildings and Contributory Buildings, and the compatible replacement or alteration of Unrated buildings in Conservation Districts, as defined in this Article.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Divisions (d) and (d)(3) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1102.  STANDARDS FOR DESIGNATION OF BUILDINGS.
   The buildings in the C-3 Districts are divided into five categories according to the Building Rating methodology as set forth and explained in the Preservation of the Past section of the Downtown Plan, a component of the General Plan. Those categories are as follows:
   (a)   Significant Buildings - Category I. Buildings that:
      (1)   Are at least 40 years old; and
      (2)   Are judged to be Buildings of Individual Importance; and
      (3)   Are rated Excellent in Architectural Design or are rated Very Good in both Architectural Design and Relationship to the Environment.
   (b)   Significant Buildings - Category II. Buildings:
      (1)   That meet the standards in Section 1102(a) above; and
      (2)   To which, because of their depth and relationship to other structures, it is feasible to add different and higher replacement structures or additions to height at the rear of the structure, even if visible when viewing the principal facades, without affecting their architectural quality or relationship to the environment and without affecting the appearance of the retained portions as separate structures when viewing the principal facades. The designation of Category II Buildings shall identify for each building the portion of the building beyond which such additions may be permitted.
   (c)   Contributory Buildings - Category III. Buildings that:
      (1)   Are located outside a designated Conservation District; and
      (2)   Are at least 40 years old; and
      (3)   Are judged to be Buildings of Individual Importance; and
      (4)   Are rated either Very Good in Architectural Design or Excellent or Very Good in Relationship to the Environment.
   (d)   Contributory Buildings - Category IV. Buildings that:
      (1)   Are located in a designated Conservation District; and
      (2)   Are at least 40 years old; and
      (3)   Are judged to be Buildings of Individual Importance, and are rated either Very Good in Architectural Design or Excellent or Very Good in Relationship to the Environment.
      (4)   Are judged to be Buildings of Contextual Importance and are rated Very Good in Architectural Design and/or Excellent or Very Good in Relationship to the Environment.
   (e)   Unrated Buildings - Category V. Buildings that are not designated as Significant or Contributory.
(Amended by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Minor style amendments throughout; Ord. 95-12, Eff. 6/20/2012.
SEC. 1102.1.  DESIGNATION OF BUILDINGS.
   The buildings in the C-3 District are classified as follows:
   (a)   Significant Buildings - Category I. The buildings listed in Appendix A to this Article 11 are hereby designated as Significant Buildings - Category I.
   (b)   Significant Buildings - Category II. The buildings listed in Appendix B to this Article 11 are hereby designated as Significant Buildings - Category II.
   (c)   Contributory Buildings - Category III. The buildings listed in Appendix C to this Article 11 are hereby designated as Contributory Buildings - Category III.
   (d)   Contributory Buildings - Category IV. The buildings listed in Appendix D to this Article 11 are hereby designated as Contributory Buildings - Category IV.
   (e)   Unrated Buildings - Category V. All buildings in the C-3 District not otherwise designated in this Section are hereby designated as Unrated - Category V.
(Added by Ord. 414-85, App. 9/17/85; reenacted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1103.  STANDARDS FOR DESIGNATION OF CONSERVATION DISTRICTS.
   Portions of the C-3 District may be designated as Conservation Districts if they contain substantial concentrations of buildings that together create subareas of special architectural and aesthetic importance. Such areas shall contain substantial concentrations of Significant and Contributory Buildings and possess substantial overall architectural, aesthetic or historic qualities justifying additional controls in order to protect and promote those qualities.
(Added by Ord. 414-85, App. 9/17/85; reenacted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1103.1.  CONSERVATION DISTRICT DESIGNATIONS.
   The following Conservation Districts are hereby designated for the reasons indicated in the appropriate Appendix:
   (a)   The Kearny-Market-Mason-Sutter Conservation District is hereby designated as set forth in Appendix E.
   (b)   The New Montgomery-Mission-Second Street Conservation District is hereby designated as set forth in Appendix F.
   (c)   The Commercial-Leidesdorff Conservation District is hereby designated as set forth in Appendix G.
   (d)   The Front-California Conservation District is hereby designated as set forth in Appendix H.
   (e)   The Kearny-Belden Conservation District is hereby designated as set forth in Appendix I.
   (f)   The Pine-Sansome Conservation District is hereby designated as set forth in Appendix J.
   (g)   The Mint-Mission Conservation District is hereby designated as set forth in Appendix K.
(Added by Ord. 414-85, App. 9/17/85; reenacted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)
AMENDMENT HISTORY
Division (b) amended; Ord. 182-12 , Eff. 9/7/2012. Division (g) added; Ord. 257-18, Eff. 12/3/2018.
SEC. 1104.  RESERVED.
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1105.  RESERVED.
(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1106.  PROCEDURES FOR CHANGE OF DESIGNATION AND DESIGNATION OF ADDITIONAL SIGNIFICANT AND CONTRIBUTORY BUILDINGS.
   Buildings may be designated as Significant or Contributory or their designation may be changed through amendment of Appendices A, B, C and D of this Article. Such designation or change of designation shall be governed by the following provisions in lieu of the provisions of Section 302:
   (a)   Initiation. The designation or change of designation of a Significant or Contributory building may be initiated by motion of the Board of Supervisors, by resolution of the Historic Preservation Commission (HPC), by the verified application of the owner or authorized agent of the affected property, by the application of any organization or group that has historic preservation stated as one of its goals in its bylaws or articles of incorporation, or by the application of at least 50 registered voters of the City. Except in the case of initiation by governmental bodies, any such application shall contain historic, architectural, and/or cultural documentation to support the initiation or change of designation as well as any additional information that may be required by the application procedures and policies established by the HPC. If initiated by motion of the Board of Supervisors, the Clerk of the Board of Supervisors shall refer the matter to the HPC for its review and recommendation prior to passage by the Board of Supervisors, without referral to the Planning Commission.
   (b)   Notice; Referral to the HPC; Review by the Planning Department. Upon determination by the Department that a verified application is complete and contains all necessary information or upon receipt of the motion or resolution of one of the governmental bodies set forth in Subsection (a) above, the Department shall:
      (1)   promptly schedule a hearing before the HPC on the proposed designation or change of designation; and
      (2)   send notice of the hearing by mail no less than 20 days prior to the date of the hearing to the owner(s) of the affected property; the applicant(s), if any, for the designation or change in designation; to the owners of all properties within 150 feet of the affected property; and to any interested parties who so request in writing to the Department.
   (c)   Action by the Historic Preservation Commission. The proposed designation or change of designation shall be placed on the agenda of the HPC for public hearing. The HPC shall determine the appropriate designation or change in designation of the building. If the HPC approves or modifies the proposed designation or change of designation in whole or in part, it shall transmit its recommendation, together with a copy of the resolution, to the Clerk of the Board of Supervisors without referral to the Planning Commission.
   (d)   Designation by Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any proposal so transmitted to it. The Board of Supervisors may approve, modify and approve, or disapprove the designation or change of designation by a majority vote of all its members.
   (e)   Appeal to Board of Supervisors. If the HPC disapproves the proposed designation or change of designation, such action shall be final except upon the filing of a notice of appeal to the Board of Supervisors within 30 days by the applicant or any of the persons, organizations or groups listed in Section 1106(a); provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the Board shall be notified immediately of the disapproval without the necessity for an appeal.
   (f)   Hearing and Decision by the Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any such proposal appealed to it or initiated by it. The Board of Supervisors may uphold the HPC, overrule the HPC and approve, or modify and approve, the designation or change of designation by a majority vote of all its members.
   (g)   Notice of Board of Supervisors Proceedings. Notice of the hearing scheduled before the Board of Supervisors, and of the availability of applicable reports, shall be given by mail no less than 20 days prior to the date of the hearing to the initiators of the designation or change of designation, to the owner(s) of any affected building, to any appellants, and to any other interested person or organization who so requests in writing to the Department.
   (h)   Grounds for Designation or Change of Designation. The designation of a building may be changed if
      (1)   changes in the area in the vicinity of a building located outside a Conservation District warrant a change in the rating of the building with respect to its relationship to the environment and therefore place it in a different category, pursuant to Section 1102; or
      (2)   changes in Conservation District boundaries make a building of Contextual Importance fall outside a Conservation District and therefore no longer eligible for designation as a Contributory building, or, conversely, make a building of Contextual Importance fall within a Conservation District and therefore eligible for designation as a Contributory Building; or
      (3)   changes in the physical features of the building due to circumstances beyond the control of the owner, or otherwise permitted by this Article, warrant placing the building in a different category pursuant to the standards set forth in Section 1102; or
      (4)   restoration of the building to its original quality and character warrants placing the building in a different category pursuant to the standards set forth in Section 1102; or
      (5)   by the passage of time, the building has become at least 40 years old, making it eligible to be considered for designation as a Significant or Contributory building, pursuant to Section 1102; or
      (6)   the discovery of new factual information (for example, information about the history of the building) makes the building eligible for rating as a Building of Individual or Contextual Importance and, therefore, eligible to be designated as a Significant or Contributory Building.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header, undesignated introductory paragraph, and divisions (a), (b), (c), (e), (f), and (g) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1107.  PROCEDURES FOR DESIGNATION OF ADDITIONAL CONSERVATION DISTRICTS OR BOUNDARY CHANGE OF CONSERVATION DISTRICTS.
   A Conservation District may be designated or its boundary changed through amendment of Section 1103.1 of this Article 11. The HPC may recommend approval, disapproval, or modification of Conservation District designations or boundary changes to the Board of Supervisors. Such designation or boundary change shall be governed by the following provisions in lieu of the provisions of Section 302.
   (a)   Initiation of Designation or Boundary Change. The designation of an area of the C-3 District as a Conservation District or the change of District boundaries may be initiated by motion of the Board of Supervisors, by resolution of the HPC, upon the verified application of the owners or other authorized agents of greater than 25 percent of the structures in the area proposed for designation (or, as to an alteration, 25 percent of the structures of the proposed new district unless it would be an area smaller than the existing district, in which case it shall be 25 percent of the structures of the existing district), upon the verified application of any organization or group that has historic preservation stated as one of its goals in its bylaws or articles of incorporation, or upon the verified application of at least 150 registered voters of the City. Except in case of an initiation by governmental bodies, any such application shall contain historic, architectural, and/or cultural documentation to support the designation or boundary change as well as any additional information that may be required by the application procedures and policies established by the HPC.
   (b)   Notice; Referral to the Historic Preservation Commission; Review by the Planning Department. If a proposed Conservation District designation or boundary change is initiated by the Board of Supervisors, the Clerk of the Board shall refer the matter to the HPC for its review and recommendation. Upon determination by the Planning Department that a verified application is complete and contains all necessary information or upon receipt of a motion or resolution by the Board of Supervisors or the HPC initiating designation or a change in designation, the Department shall
      (1)   promptly schedule a hearing before the HPC on the proposed district or boundary change; and
      (2)   send notice of the HPC hearing by mail no less than 20 days prior to the date of the hearing to the initiators of the designation or boundary change, to the owners of all lots within the proposed new district or the district being modified, and to any interested parties who make a request in writing to the Department.
   (c)   Action by the HPC. The proposed designation or boundary change shall be placed on the agenda of the HPC for public hearing. If the HPC approves or modifies the proposed designation or boundary change in whole or in part, the Department shall transmit the HPC's recommendation together with a copy of the HPC's resolution and with any comments of the Planning Commission, as set forth in subsection (d) below, to the Clerk of the Board of Supervisors.
   (d)   Review by the Planning Commission. Following action by the HPC, the Department shall promptly refer the HPC's recommendation on the proposed Conservation District designation or boundary change to the Planning Commission, which shall have 45 days to review and comment on the proposed designation or boundary change. The Planning Commission's comments, if any, shall be forwarded to the Board of Supervisors together with the HPC's recommendation. Notice of the Planning Commission hearing shall be given as provided in Section 1107(b) of this Article. The Planning Commission's comments shall be transmitted to the Board of Supervisors as a resolution and shall
      (1)   address the consistency of the proposed boundary change with the policies embodied in the General Plan and the priority policies of Section 101.1, particularly the provision of  housing to meet the City's Regional Housing Needs Allocation, and the provision of housing near transit corridors;
      (2)   identify any amendments to the General Plan necessary to facilitate adoption of the proposed boundary change; and
      (3)   evaluate whether the proposed boundary change would conflict with the Sustainable Communities Strategy for the Bay Area.
   (e)   Designation by Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any proposal so transmitted to it. The Board of Supervisors may approve, modify and approve, or disapprove the designation or boundary change by a majority vote of all its members.
      Prior to the Board of Supervisors' vote on a proposed boundary change, the Planning Department shall conduct thorough outreach to affected property owners and occupants. The Planning Department shall invite all property owners and occupants in the area covered by the proposed boundary change to express their opinion on the proposed boundary change. Such invitation shall advise owners of the practical consequences of the adoption of the proposed boundary change, including the availability of preservation incentives, the types of work requiring a Permit to Alter, the process and fees for obtaining a Permit to Alter, and the types of work that is generally ineligible to receive a Permit to Alter.
   (f)   Appeal to Board of Supervisors. If the HPC disapproves the proposed designation or boundary change, such action shall be final except upon the filing of a notice of appeal to the Board of Supervisors within 30 days by the applicant or any of the persons, organizations, or groups listed in Section 1107(a); provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the Board shall be notified immediately of the disapproval without the necessity for an appeal.
   (g)   Hearing and Decision by the Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any such proposal appealed to it or initiated by it. The Board of Supervisors may uphold the HPC, overrule the HPC and approve, or modify and approve, the designation or boundary change by a majority vote of all its members.
   (h)   Notice of Board of Supervisors Proceedings. Notice of the hearing scheduled pursuant to this Section shall be given by mail no less than 20 days prior to the date of the hearing to: the applicants for the designation or alteration, if any; the owners of all lots within the proposed new district or the district being altered; appellants, if any; and to interested individuals or organizations who request such notice in writing to the Planning Department.
   (i)   Standards Applicable to Designation or Boundary Change. The standards governing the designation and change of District boundaries are those set forth in Section 1103. Areas may be removed from Conservation Districts if the character of the area has changed such that the area no longer qualifies under the standards set forth in Section 1103.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Undesignated introductory paragraph and divisions (a), (b), and (c) amended; new division (d) added and former divisions (d) through (h) redesignated as divisions (e) through (i) accordingly; divisions (e), (f), (g), and (h) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1108.  NOTICE OF DESIGNATION.
   When a building has been designated Significant or Contributory or its designation is changed pursuant to Section 1106, or when a new Conservation District is established or the boundary of a Conservation District changed pursuant to Section 1107, the Planning Department shall notify each affected property owner by mail and shall cause a copy of the ordinance, or notice thereof, to be recorded with the County Recorder. The Planning Department shall file in its permanent records any new designation or change in designation of a Significant or Contributory Building or a new Conservation District or change of Conservation District boundary and shall notify the Central Permit Bureau pursuant to Section 1117 of this Article.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1109.  PRESERVATION LOTS: ELIGIBILITY FOR TRANSFER OF DEVELOPMENT RIGHTS.
   Lots on which are located Significant or Contributory Buildings or Category V Buildings in those certain Conservation Districts and portions thereof as indicated in Section 8 of the Appendix relating to that District are eligible preservation lots as provided in Section 128 of this Code for the purposes of Transferable Development Rights ("TDR"), as provided in this Section:
   (a)   Significant Buildings. Lots on which are located buildings designated as Significant Buildings - Category I or Category II - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Lots on which are located Significant Buildings which have been altered in conformance with the provisions of this Article retain eligibility for the transfer of TDR.
   (b)   Contributory Buildings. Lots on which are located buildings designated as Contributory Buildings - Category III or Category IV - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Alteration or demolition of such a building in violation of Section 1110, or alterations or demolitions made without a permit issued pursuant to Sections 1111 through 1111.7, eliminates eligibility for the transfer of TDR; provided, however, that such eligibility may nonetheless be retained or acquired again if, pursuant to Section 1116(b), the property owner demonstrates as to any alteration that it was a Minor Alteration as defined in this Article and has applied for a Permit for Minor Alteration pursuant to Section 1111.1; or that the property owner has obtained a Permit to Alter to restore the original distinguishing qualities and character-defining features that were altered. Once any TDR have been transferred from a Contributory Building, the building is subject to the same restrictions on demolition and alteration as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building.
   (c)   Category V Buildings in Conservation Districts. Where explicitly permitted in Section 8 of the Appendix establishing a Conservation District, lots located in such a District on which are located Category V Buildings (designated as neither Significant nor Contributory) are eligible to transfer the difference between the allowable gross floor area permitted on the lot under Section 124 of the Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met; provided, however, that a lot is eligible as a Preservation Lot pursuant to this Section only if:
      (1)   the exterior of the building is substantially altered so as to make it compatible with the scale and character of the Significant and Contributory Buildings in the district, including those features described in Sections 6 and 7 of the Appendix to Article 11 describing the relevant district, and has thus been determined by the HPC to be a Compatible Rehabilitation, and the building meets or has been reinforced to meet the standards for seismic loads and forces of the Building Code ; or
      (2)   the building on the lot is new, having replaced a Category V Building, and has received approval by the HPC as a Compatible Replacement Building, pursuant to Section 1113.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Undesignated introductory paragraph and divisions (b) and (c) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1110.  CONSTRUCTION, ALTERATION OR DEMOLITION OF SIGNIFICANT OR CONTRIBUTORY BUILDINGS OR BUILDINGS IN CONSERVATION DISTRICTS.
   (a)   No person shall carry out or cause to be carried out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural, or other appendage, or any new or replacement construction for which a permit is required pursuant to the Building Code, on any designated Significant or Contributory Building or any building in a Conservation District unless a permit for such work has been approved pursuant to the provisions of this Article 11. Notwithstanding the foregoing, when the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, the Planning Department shall process the permit without further reference to this Article 11, unless such streets and sidewalks have been explicitly called out in a conservation district's designating ordinance as character-defining features of the district.
   (b)   The HPC shall approve, disapprove, or modify all applications for permits to alter or demolish any Significant or Contributory Buildings or buildings within Conservation Districts, and permits for any new and replacement construction within Conservation Districts, subject to appeal as provided in Section 1115 of this Article 11. The HPC shall review and act on such permits prior to any other Planning approval action(s). Buildings or areas within the C-3 District designated pursuant to the provisions of both Article 10 and Article 11 shall be regulated pursuant to the procedures of both Articles. In case of conflict, the more restrictive provisions shall apply.
   (c)   If the proposed work would constitute a demolition as defined in Section 1005(f) of this Code, such work shall, in addition to any other requirements, be subject to the provisions of this Article 11 governing demolitions and shall require a "Permit to Demolish." All other proposed construction or alteration of a structure, including any new or replacement construction, or any work involving a sign, awning, marquee, canopy, mural, or other appendage work, but excepting ordinary maintenance and repairs, shall require a "Permit to Alter."
   (d)   No person shall demolish or cause to be demolished a Significant or Contributory Building or any building in a Conservation District without obtaining a Permit to Demolish and, if located within a Conservation District, a permit for a Compatible Replacement Building.
   (e)   If at any time following the approval of a Permit to Alter, changes are proposed to the scope of work such that the proposed new scope of work, if approved, would constitute a demolition as defined herein, the owner shall file a new application for a Permit to Demolish and shall obtain such approval prior to proceeding with the proposed new scope of work.
   (f)   A building permit application or amendment for any work that exceeds the scope of work of an approved Permit to Alter or Permit to Demolish shall be referred to the Planning Department by the Central Permit Bureau for HPC review and approval pursuant to this Article 11 before the permit may be approved or issued.
   (g)   Notwithstanding the foregoing, in the following cases the Department may process the permit application without further reference to this Article 11:
      (1)   When the application is for a permit for ordinary maintenance and repairs only. For the purpose of this Article 11, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster.
      (2)   When the application is for a permit to construct any new or replacement structures on a site where a Significant or Contributory Building has been lawfully demolished pursuant to this Code and the site is not within a designated Conservation District; or
      (3)   When the application is for a permit to make interior alterations only and does not constitute a demolition as defined in this Article, unless the Planning Department has determined that the proposed interior alterations may result in any visual or material impact to the exterior of the building or when the designating ordinance or applicable Appendix in this Article requires review of such interior alterations.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.
SEC. 1111.  APPLICATIONS FOR PERMITS TO ALTER, PERMITS TO DEMOLISH, AND PERMITS FOR NEW CONSTRUCTION IN CONSERVATION DISTRICTS.
   Upon receipt of any application for a building permit, demolition permit, site permit, alteration permit, or any other permit relating to a Significant of Contributory Building or a building within a Conservation District, the Central Permit Bureau shall forward such application to the Planning Department for determination as to whether the application is subject to the provisions of this Article and, if so, for approval under this Article. An application for a Permit to Alter or Permit to Demolish or for new and replacement construction in any Conservation District shall be filed by the owner or authorized agent for the owner of the property for which the permit is sought with the Planning Department. Each application shall be verified by at least one property owner or his or her authorized agent attesting to the truth and correctness of all facts, statements and information presented.
   (a)   Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Department and the HPC. All applications shall be on forms prescribed therefore and shall contain or be accompanied by all information required to assure the presentation of all pertinent facts for proper consideration of the case and for the permanent record. Applications shall include the following information:
      (1)   Plans, sections and elevations showing all existing and proposed work, including but not limited to color, texture of materials, architectural design, profile, and detail;
      (2)   All demolition calculations and associated detail drawings showing all interior and exterior alterations associated with the proposed scope of work, including but not limited to any changes to the exterior and internal structural framework, floor plates, removal of interior walls, or changes to the foundation;
      (3)   Specifications describing the means and methods associated with the proposed scope of work, including any technical specifications for all exterior restoration or cleaning work;
      (4)   Photographs showing the property and the context of its surroundings;
      (5)   Any other information that the Department determines may be necessary for the particular scope of work proposed; and
      (6)   Information needed for the preparation and mailing of notices as specified in Section 1111.4.
   (b)   In addition to the contents specified for applications in (1) above, any application for a Permit to Demolish a Significant Building or a Contributory Building from which TDR have been transferred shall also contain the following information:
      (1)   An updated historic resource evaluation and conditions assessment report that includes any pertinent information on the condition of the building and historical, architectural, and cultural documentation about the building;
      (2)   The amount paid for the property;
      (3)   The date of purchase, the party from whom purchased, and a description of the business or family relationship, if any, between the owner and the person from whom the property was purchased;
      (4)   The cost of any improvements since purchase by the applicant and date the improvements were made;
      (5)   The assessed value of the land, and improvements thereon, according to the most recent assessments;
      (6)   Real estate taxes for the previous five years;
      (7)   Annual debt service, if any, for the previous five years;
      (8)   All appraisals obtained within the previous five years by the owner or applicant in connection with his or her purchase, financing or ownership of the property;
      (9)   Any listing of the property for sale or rent, price asked and offers received, if any;
      (10)   Any consideration by the owner for profitable and adaptive uses for the property, including renovation studies, plans, and bids, if any;
      (11)   If it is a Preservation Lot eligible to transfer TDR, the amount and value of such untransferred TDR;
      (12)   Annual gross income from the property for the previous five years;
      (13)   Itemized operating and maintenance expenses for the previous five years;
      (14)   Annual cash flow for the previous four years;
      (15)   Building plans, elevations, sections, detail drawings, and any other information required for the Replacement Building;
      (16)   The Statement of Eligibility as set forth in Section 128;
      (17)   An itemized list of the amount of TDR that has been transferred from the property;
      (18)   The amount received for rights transferred;
      (19)   The transferee(s); and
      (20)   A copy of each document effecting a transfer of such rights.
   (c)   An application for a Permit to Demolish any building located in a Conservation District or an application for new construction on vacant lots shall include plans, specifications and elevations showing the proposed exterior appearance, including but not limited to color, texture of materials, and architectural design and detail, for the replacement construction.
   (d)   Category V Buildings (Unrated). The owner or owner's representative of a Category V building located in a Conservation District may apply for one of the following:
      (1)   Compatible Rehabilitation. An applicant for a Permit to Alter a Category V Building (Unrated) may request on the application a determination by the HPC that if the proposed alteration is completed as approved, the building will be deemed a Compatible Rehabilitation under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.
      (2)   Compatible Replacement Building. An applicant for new construction in a Conservation District on a lot where a Category V Building (Unrated) has been lawfully demolished may request on the application a determination by the HPC that if the proposed new construction is completed as approved, the new building will be deemed a Compatible Replacement Builder under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.
   (e)   Permit and Application Fee Waivers. In cases of economic hardship, an applicant may be partially or fully exempt from paying fees pursuant to Section 350(e)(2).
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.
SEC. 1111.1.  DETERMINATION OF MINOR AND MAJOR ALTERATIONS.
   (a)   The HPC shall determine if a proposed alteration is a Major Alteration or a Minor Alteration and may delegate review of proposed Minor Alterations to Department staff, whose decisions may be appealed to the HPC pursuant to subsection 1111.1(b). All work not determined to be a Minor Alteration shall be a Major Alteration and subject to HPC approval. If so delegated to Department staff, the categories of Minor Alteration shall include but are not limited to the following:
      (1)   Alterations whose sole purpose and effect is to comply with the UMB Seismic Retrofit Ordinances and that comply with the UMB Retrofit Architectural Design Guidelines, which guidelines shall be adopted by the HPC; and
      (2)   Any other work so delegated to the Department by the HPC.
   (b)   Upon receipt of a building permit application and delegation of its review to Department staff, the Department will review and render a decision on a Permit for Minor Alterations without a hearing before the HPC. The Department shall mail its written decision approving a Permit for Minor Alteration to the applicant and any individuals or organizations who have so requested in writing to the Department. The Department's decision may be appealed to the HPC within 15 days of the date of the written decision. The HPC may also review the decisions of the Department by its own motion if such motion is made within 20 days of the date of the written decision.
   (c)   All applications for a Permit to Alter that are not Minor Alterations delegated to Department staff shall be scheduled for a hearing by the HPC pursuant to the procedures in Section 1111.4 and 1111.5 below. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to the Permit to Alter procedures outlined herein:
      (1)   When the application is for a permit to make improvements to provide an accessible entrance to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code;
      (2)   When the application is for a permit to install business signs to a Significant or Contributory building or any building within a Conservation District provided that signage and transparency conform to the requirements outlined in Section 1111.6 of this Code; or
      (3)   When the application is for a permit to install non-visible rooftop appurtenances to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 227-92, App. 7/14/92; Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018)
AMENDMENT HISTORY
Section header amended; section amended substantially in its entirety; Ord. 95-12, Eff. 6/20/2012. Divisions (a), (a)(1), (b), and (c) amended; Ord. 166-16 , Eff. 9/10/2016.  Division (c) amended; divisions (c)(1)-(3) added; Ord. 179-18, Eff. 8/27/2018.
SEC. 1111.2.  SIGN PERMITS.
   (a)   New general advertising signs are prohibited in any Conservation District or on any historic property regulated by this Article 11.
   (b)   If a permit for a sign is required pursuant to Article 6 of this Code, the requirements of this Section shall apply to such permit in addition to those of Article 6.
   (c)   In addition to the requirements of Article 6, an application for a business sign, general advertising sign, identifying sign, or nameplate to be located on a Significant or Contributory Building or any building in a Conservation District shall be subject to review pursuant to the provisions of this Article. The HPC, or the Planning Department pursuant to Section 1111.1 of this Code, shall disapprove the application or approve it with modifications to conform to the requirements outlined in Section 1111.6 of this Code, including the proposed location, materials, typeset, size of lettering, means of illumination, method of replacement, or the attachment so that the special architectural, historical or aesthetic significance of the subject building or the Conservation District are preserved. No application shall be denied on the basis of the content of the sign.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (c) amended; Ord. 179-18, Eff. 8/27/2018.
SEC. 1111.3.  REVIEW BY THE PLANNING DEPARTMENT.
   The Department shall review all applications and shall determine within 30 days after the application is filed whether the application is complete. Applications for Minor Alterations that have been delegated to Department staff may be approved by the Department pursuant to Section 1111.1 without a hearing before the HPC. Upon acceptance as complete of an application that is not a Minor Alteration or upon appeal to or a request by the HPC to exercise its review powers over a Minor Alteration as set forth in 1111.1, the HPC shall hold a hearing and approve, approve with modifications, or disapprove the application in accordance with the procedures set forth in this Section 1111.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.
SEC. 1111.4.  SCHEDULING AND NOTICE OF HISTORIC PRESERVATION COMMISSION HEARINGS.
   (a)   If a public hearing before the HPC is required under this Section 1111, the Department shall set a time and place for the hearing within a reasonable period. Notice of the hearing shall be provided as required in Section 333 of this Code.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (a) amended; divisions (a)(1)-(b)(2) deleted; Ord. 179-18, Oper. 1/1/2019.
SEC. 1111.5.  DECISION BY THE HISTORIC PRESERVATION COMMISSION.
   (a)   The HPC may approve, disapprove, or approve with conditions an application for a Permit to Alter or a Permit to Demolish and, where applicable for new or replacement construction, for a determination that the building is a Compatible Rehabilitation under Section 1113 or a Compatible Replacement Building under Section 1109(c), and shall make findings in support of its decision.
   (b)   For applications for a Permit to Demolish, the applicant has the burden of establishing that the criteria governing the approval of applications set forth in Section 1111.7 have been met.
   (c)   The decisions of the HPC shall be final except upon modification by the Planning Commission as provided in Section 1114 or upon the filing of a timely appeal to the Board of Appeals or Board of Supervisors as provided in Section 1115.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; previously undesignated paragraph designated as division (a) and amended; divisions (b) and (c) added; Ord. 95-12, Eff. 6/20/2012.
SEC. 1111.6.  STANDARDS AND REQUIREMENTS FOR REVIEW OF APPLICATIONS FOR ALTERATIONS.
   The HPC, the Board of Appeals, the Board of Supervisors, the Planning Commission, and the Department shall be governed by the following standards in the review of applications for Permits to Alter. In the case of conflict with other requirements, including the requirements of Article 10, the more restrictive standards shall apply.
   (a)   The proposed alteration shall be consistent with and appropriate for the effectuation of the purposes of this Article 11.
   (b)   The proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties for significant and contributory buildings, as well as any applicable guidelines, local interpretations, bulletins, or other policies. Development of local interpretations and guidelines based on the Secretary of the Interior's Standards shall be led by the Planning Department through a public participation process; such local interpretations and guidelines shall be found in conformance with the General Plan and Planning Code by the Planning Commission and shall be adopted by both the HPC and the Planning Commission. If either body fails to act on any such local interpretation or guideline within 180 days of either body's initial hearing where the matter was considered for approval, such failure to act shall constitute approval by that body. In the case of any apparent inconsistency among the requirements of this Section, compliance with the requirements of the designating ordinance shall prevail.
   (c)   For Significant Buildings - Categories I and II, and for Contributory Buildings - Categories III and IV, proposed alterations of structural elements and exterior features shall be consistent with the architectural character of the building, and shall comply with the following specific requirements:
      (1)   The distinguishing original qualities or character of the building may not be damaged or destroyed. Any distinctive architectural feature which affects the overall appearance of the building shall not be removed or altered unless it is the only feasible means to protect the public safety.
      (2)   The integrity of distinctive stylistic features or examples of skilled craftsmanship that characterize a building shall be preserved.
      (3)   Distinctive architectural features which are to be retained pursuant to Paragraph (1) but which are deteriorated shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features shall be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, if available, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Replacement of nonvisible structural elements need not match or duplicate the material being replaced.
      (4)   Contemporary design of alterations is permitted, provided that such alterations do not destroy significant exterior architectural material and that such design is compatible with the size, scale, color, material and character of the building and its surroundings.
      (5)   The degree to which distinctive features need be retained may be less when the alteration is to exterior elements not constituting a part of a principal facade or when it is an alteration of the ground-floor frontage in order to adapt the space for ground-floor uses.
      (6)   In the case of Significant Buildings - Category I, any additions to height of the building (including addition of mechanical equipment) shall be limited to one story above the height of the existing roof, shall be compatible with the scale and character of the building, and shall in no event cover more than 75 percent of the roof area.
      (7)   In the case of Significant Buildings - Category II, a new structure or addition, including one of greater height than the existing building, may be permitted on that portion of the lot not restricted in Appendix B even if such structure or addition will be visible when viewing the principal facades at ground level, provided that the structure or addition does not affect the appearance of the retained portion as a separate structure when so viewing the principal facades and is compatible in form and design with the retained portion. Alteration of the retained portion of the building is permitted as provided in Paragraphs (1) through (6) of this Subsection (c).
   (d)   Within Conservation Districts, all major exterior alterations, of Category V Buildings, shall be compatible in scale and design with the District as set forth in Sections 6 and 7 of the Appendix which describes the District.
   (e)   If TDR have been transferred from any Contributory Building, the building shall be subject to the same restrictions on alterations as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Undesignated introductory paragraph amended; new division (b) added and former divisions (c) and (d) redesignated accordingly; division (e) added; Ord. 95-12, Eff. 6/20/2012.
SEC. 1111.7.  STANDARDS AND REQUIREMENTS FOR REVIEW OF APPLICATIONS FOR DEMOLITION.
   (a)   The HPC, Planning Commission, Board of Appeals, and the Board of Supervisors (each referred to as a "Decisionmaker" for the purposes of this Section) shall apply the following standards in their review of applications for a Permit to Demolish a Significant or Contributory Building or building within a Conservation District. No demolition permit may be approved unless:
      (1)   For Significant Buildings (Categories I and II); and Contributory Buildings (Categories III and IV) from which TDR have been transferred:
         (A)   The Decisionmaker determines and makes written findings based on substantial evidence in the record that the property retains no substantial remaining market value or reasonable use, taking into account the value of any TDR that have been transferred or which may be available to transfer from the property and the cost of rehabilitation to meet the requirements of the Building Code or City, State and federal laws. Costs necessitated by alterations or demolition made in violation of Article 10 or 11, or by failure to maintain the property in violation of Section 1119, may not be included in the calculation of rehabilitation costs; or
         (B)   The Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines after consultation, to the extent feasible with the HPC and the Planning Department, that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety.
      (2)   For Contributory Buildings from which no TDR has been transferred:
         (A)   The Decisionmaker determines and makes written findings based on substantial evidence in the record that the property retains no substantial remaining market value or reasonable use, taking into account the value of any TDR that may be available to transfer from the property and costs of rehabilitation to meet the requirements of the Building Code or City, State and federal laws. Costs necessitated by alterations or demolition made in violation of Article 10 or 11, or by failure to maintain the property in violation of Section 1119, may not be included in the calculation of rehabilitation costs:
         (B)   The Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines, after consultation to the extent feasible with the HPC and the Planning Department, that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or
         (C)   The Decisionmaker determines based on substantial evidence in the record that:
            (i)   The rehabilitation and reuse of the building will not meet most of the goals and objectives of the proposed replacement project;
            (ii)   The proposed replacement project is compatible with the Conservation District in which the property is located; and
            (iii)   Specific economic, social, or other benefits of the proposed replacement project significantly outweigh the benefit conferred from the historic preservation of the particular structure or feature.
      (3)   For Category V Buildings (Not Rated) in Conservation Districts: The Decisionmaker determines that: (A) the building has not gained additional historical or architectural significance that may make it eligible for classification as a Category I, II, or IV Building; and (B) the proposed Replacement Building is compatible with the Conservation District in which the property is located. If the Decisionmaker determines based on new documentation presented that a Category V Building has gained significance such that it is eligible for classification as a Category I, II, or IV Building and reclassification of the Category V Building is initiated as provided in Section 1106, the Permit to Demolish shall be reviewed under Subsection (a)(1) or (a)(2) above, and not under this Subsection (a)(3). Additionally, if the building has completed a Compatible Rehabilitation pursuant to Section 1109(c), and has transferred development rights from the property, then the building shall be treated as a Significant Building (Category I or II). Any determination that a Category V Building may be eligible for reclassification shall be void if, within 180 days of such determination, the Board of Supervisors has not re-designated the building to a Category I, II, or IV Building.
   (b)   The cumulative effects on the integrity of the Conservation District associated with demolition of a Contributory Building shall be considered and may be grounds for denial of the Permit to Demolish, if it is found that the demolition would substantially diminish the integrity of the Conservation District.
   (c)   In addition to the above requirements, no demolition permit shall be issued by the Department of Building Inspection or any other agency for any building located in a Conservation District until an application for the new or replacement building has been approved in accordance with the standards for new construction in a Conservation District as provided in this Article, and the building or site permit conforming to such approval has been lawfully issued.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 140-06, File 052921, App. 6/22/2006; Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.
SEC. 1112.  RESERVED.
(Added by Ord. 414-85, App. 9/17/85; deleted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1113.  STANDARDS OF REVIEW FOR NEW AND REPLACEMENT CONSTRUCTION IN CONSERVATION DISTRICTS.
   (a)   The HPC, Planning Commission, Board of Appeals, and Board of Supervisors shall find in their review of applications for any new or replacement structure or for an addition to any existing structure in a Conservation District that such construction is compatible in scale and design with the District as set forth in Sections 6 and 7 of the Appendix that describes the District.
   (b)   Applications for a building or site permit to construct or add to a structure in any Conservation District shall be reviewed and approved, approved with modifications, or disapproved by the HPC before any other Planning approval action that may be required, including review by the Planning Commission pursuant to the procedures set forth in Section 309 and shall only be approved pursuant to Section 309 if they meet the standards set forth in this Article. For projects that require Section 309 review, the Planning Commission may modify the decision of the HPC pursuant to Section 1114, provided that the project does not concern a designated Significant (Categories I and II) or a Contributory (Category III) building.
   (c)   If a building or site permit application to construct or add to a structure in any Conservation District is approved by the HPC pursuant to this Article without modification by the Planning Commission and if the building is constructed in accordance with such approval, and if the building is located in a Conservation District for which, pursuant to Section 8 of the Appendix establishing that district, such a transfer is permitted, the building shall be deemed a Compatible Replacement Building, and the lot on which such building is located shall be eligible as a Preservation Lot for the transfer of TDR.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section header amended; formerly undesignated paragraph amended and designated as divisions (a), (b), and (c); Ord. 95-12, Eff. 6/20/2012.
SEC. 1114.  MODIFICATION OF A DECISION OF THE HISTORIC PRESERVATION COMMISSION.
   For projects that require multiple planning approvals, the HPC shall review and act on any Permit to Alter or Permit to Demolish before any other Planning approval action.
   (a)   For projects that require a Conditional Use Authorization or Permit Review under Section 309 and do not concern a Significant Building (Categories I & II) or a Contributory Building (Category III only), the Planning Commission may modify any decision on a Permit to Alter or Permit to Demolish by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of this Code.
   (b)   For projects to be located on vacant lots, the Planning Commission may modify any decision on a Permit to Alter by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of this Code.
(Added by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1114 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1116 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1115.  APPEAL.
   The HPC's or the Planning Commission's decision on a Permit to Alter or a Permit to Demolish shall be final unless appealed to the Board of Appeals, which may modify the decision by a four-fifths vote; provided, however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a Conditional Use Authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote. Any appeal must be made within 30 days after the date of the final action by the HPC or Planning Commission.
(Added by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1115 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1117 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
SEC. 1116.  UNLAWFUL ALTERATION OR DEMOLITION.
   (a)   In addition to any other penalties provided in Section 1120 or elsewhere, alteration or demolition of a Significant or Contributory Building or any building within a Conservation District in violation of the provisions of this Article shall eliminate the eligibility of the building's lot as a Preservation Lot. Such a lot may not be developed in excess of the floor area ratio of the demolished building for a period of 20 years from the unlawful demolition, if it is the site of an unlawfully demolished Significant Building (Category I or II), or Contributory Building (Category III) or the site of an unlawfully demolished Contributory Building (Category IV) from which TDR have been transferred. No department shall approve or issue a permit that would authorize construction of a structure contrary to the provisions of this Section.
   (b)   A property owner may be relieved of the penalties provided in Subsection (a) if:
      (1)   as to an unlawful alteration, the owner can demonstrate to the HPC that the violation would have constituted a Minor Alteration and has applied for a Permit for Minor Alteration to legalize the violation; or
      (2)   as to an unlawful alteration, the owner restores the original distinguishing qualities and character of the building destroyed or altered, including exterior character-defining spaces, materials, features, finishes, exterior walls and exterior ornamentation. A property owner who wishes to effect a restoration pursuant to Subsection (b)(2) shall, in connection with the filing of a building or site permit application, seek approval of the proposed restoration by reference to the provisions of this Section. If the HPC approves the application and determines that the proposed work will effect adequate restoration, the HPC shall so find. Upon approval and the completion of work, the lot shall again become an eligible Preservation Lot and the limitation on floor area ratio set forth in Subsection (a) shall not thereafter apply. The HPC may not approve the restoration unless it first finds that the restoration can be done with a substantial degree of success. The determination under this Subsection (b)(2) is a final administrative decision.
(Formerly codified as Sec. 1114; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1116 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1118 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1114 redesignated as current Sec. 1116; divisions (a), (b)(1), and (b)(2) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1117.  CONFORMITY WITH OTHER CITY PERMIT PROCESSES.
   Except where explicitly so stated, nothing in this Article shall be construed as relieving any person from other applicable permit requirements. The following requirements are intended to insure conformity between existing City permit processes and the provisions of this Article:
   (a)   Upon the designation of a building as a Significant or Contributory Building, or upon the designation of the Conservation District, the Planning Department shall inform the Central Permit Bureau of said designation or, in the case of a Conservation District, of the boundaries of said District and a complete list of all the buildings within said District and their designations. The Central Permit Bureau shall maintain a current record of such Buildings and Conservation Districts.
   (b)   Upon receipt of any application for a building permit, demolition permit, site permit, alteration permit, or any other permit relating to a Significant or Contributory Building or a building within a designated Conservation District, the Central Permit Bureau shall forward such application to the Planning Department. If the Planning Department determines that the application is subject to provisions of this Article, processing shall proceed under the provisions of this Article. The Central Permit Bureau shall not issue any permit for construction, alteration, removal or demolition of any structure, or for any work involving a Significant or Contributory Building or a building within a Conservation District unless either the Planning Department has determined that such application is exempt from the provisions of this Article, or processing under this Article is complete and necessary approvals under this Article have been obtained. The issuance of any permit by a City department or agency that is inconsistent with any provision of this Article may be revoked by the Director of the Department of Building Inspection pursuant to the provisions of the San Francisco Building Code.
   (c)   No abatement proceedings or enforcement proceedings shall be undertaken by any department of the City for a Significant or Contributory building or a building within a Conservation District without, to the extent feasible, prior notification of the Planning Department and the HPC. Such proceedings shall comply with the provisions of this Article where feasible.
(Formerly codified as Sec. 1115; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1117 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1119 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1115 redesignated as current Sec. 1117; divisions (a), (b), and (c) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1118.  UNSAFE OR DANGEROUS CONDITIONS.
   Where the Director of the  Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that a condition on or within a Significant or Contributory Building is unsafe or dangerous and determines further that repair or other work rather than demolition will not threaten the public safety, said official shall, after consulting with the Planning Department and the HPC, to the extent feasible, determine the measures of repair or other work necessary to correct the condition in a manner which, insofar as it does not conflict with State or local requirements, is consistent with the purposes and standards set forth in this Article.
(Formerly codified as Sec. 1116; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1116 redesignated as current Sec. 1118; section amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1119.  MAINTENANCE REQUIREMENTS AND ENFORCEMENT THEREOF.
   (a)   Maintenance. The owner, lessee, or other person in actual charge of a Significant or Contributory Building shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior features of buildings designated Significant or Contributory, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. All such buildings shall be preserved against such decay and deterioration and free from structural defects through prompt corrections of any of the following defects:
      (1)   Facades which may fall and injure members of the public or property;
      (2)   Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;
      (3)   Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;
      (4)   Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;
      (5)   Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering;
      (6)   Any fault or defect in the building which renders it not properly watertight or structurally unsafe.
   (b)   Enforcement Procedures. The procedures set forth in Building Code Sections 114 through 116 governing unsafe buildings or property shall be applicable to any violations of this Section.
(Formerly codified as Sec. 1117; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1119 added by Ord. 414-85, App. 9/17/85; amended by Ord. 57-08, File No. 071651, App. 4/10/2008; redesignated as Sec. 1120 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1117 redesignated as current Sec. 1119; division (b) amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1120.  ENFORCEMENT AND PENALTIES.
   Enforcement and Penalties shall be as provided in Sections 176 and 176.1 of this Code.
(Formerly codified as Sec. 1119; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1120 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1121 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1119 redesignated as current Sec. 1120; Ord. 95-12, Eff. 6/20/2012.
SEC. 1121.  RELATIONSHIP TO ARTICLE 10.
   Buildings or areas within the C-3 District designated pursuant to the provisions of both Article 10 and Article 11 shall be regulated pursuant to the procedures of both Articles. In case of conflict, the more restrictive provision shall control.
   Notwithstanding the rating of a building in a C-3 District pursuant to the provisions of Article 11, buildings may be designated as landmarks according to the provisions of Article 10.
(Formerly codified as Sec. 1120; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1121 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1122 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1120 redesignated as current Sec. 1121; former third undesignated paragraph deleted; Ord. 95-12, Eff. 6/20/2012.
SEC. 1122.  NOTICE OF AMENDMENT.
   Notice of the hearing before the HPC and the first hearing before the Board of Supervisors, of a proposed amendment to this Article which materially alters the limitations and requirements applicable to any building or class of buildings shall be given to the owners of such buildings by mail.
(Formerly codified as Sec. 1121; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1122 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1123 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1121 redesignated as current Sec. 1122; section amended; Ord. 95-12, Eff. 6/20/2012.
SEC. 1123.  NOTICE PROCEDURE.
   When any provision of this Article requires notice by mail to a property owner, the officer or body providing the notice shall use for this purpose the names and addresses as shown on the latest citywide Assessment Roll in the Assessor's Office.
(Formerly codified as Sec. 1122; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1123 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1124 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1122 redesignated as current Sec. 1123; Ord. 95-12, Eff. 6/20/2012.
SEC. 1124.  TIME PROVISIONS.
   Unless otherwise indicated, all time provisions governing the taking of action by City officials are directory and not mandatory.
(Formerly codified as Sec. 1123; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
(Former Sec. 1124 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1125 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1123 redesignated as current Sec. 1124; Ord. 95-12, Eff. 6/20/2012.
SEC. 1125.  SEVERABILITY.
   If any part of this Article 11 is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Article 11 or any part thereof. The Board of Supervisors hereby declares that it would have passed all portions of this Article and any amendments thereto irrespective of the fact that any one or more portions be declared unconstitutional or invalid.
(Formerly codified as Sec. 1124; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Former Sec. 1124 redesignated as current Sec. 1125; section amended; Ord. 95-12, Eff. 6/20/2012.
APPENDICES TO ARTICLE 11
APPENDIX A TO ARTICLE 11
CATEGORY I BUILDINGS
 
 
CATEGORY I BUILDINGS
Address of Building
Block
Lot(s)
Name of Building
360 4th Street
3752
010
Southern Police Station
500-504 4th Street
3777
001
Hotel Utah
601 4th Street
3787
052
Heubline Wine Distribution Warehouse
22 Battery
266
6
Postal Telegraph
98 Battery
266
8
Levi Strauss
99 Battery
267
1
Donahoe
539 Bryant Street
3776
041
Shreve and Company Factory
100 Bush
267
4
Shell
130 Bush
267
9
Heineman
200 Bush
268
2
Standard Oil
225 Bush
289
1, 7
Standard Oil
381 Bush
288
17
Alto
445 Bush
287
25
Pacific States
460 Bush
270
33
Fire Station No. 2
564 Bush
271
12
Notre Dame des Victoires
158 California
236
5
Marine
240 California
237
9
Tadich's Grill (Buich)
260 California
237
11
Newhall
301 California
261
1
Robert Dollar Bldg.
341 California
261
10A
Harold Dollar Bldg.
400 California
239
3
Bank of California
433 California
260
16
Insurance Exchange
465 California
260
15
Merchants Exchange
554 Commercial
228
22
564 Commercial
228
23
569 Commercial
228
11
PG&E Station J
119 Ellis
330
23
Continental Hotel
42  - 50 Fell
814
10
44-48 Fifth Street
3704
003
Oakwood Hotel
67 Fifth
3705
21, 23
Pickwick Hotel
231 First
3737
23
234 First
3736
6
Phillips
54 Fourth
3705
4
Keystone Hotel
150 Franklin
834
12
Whiteside Apts.
251 Front
237
1
DeBernardi's
2 Geary
310
6
10 Geary
310
5
Schaidt
28 Geary
310
8
Rosenstock
108 Geary
309
4
Marion
120 Geary
309
5
E. Simon
132 Geary
309
6
Sacs
166 Geary
309
10
Whittell
285 Geary
314
12
St. Paul
293 Geary
314
11
Lincoln
301 Geary
315
1
Elkan Gunst
415 Geary
316
1A
Geary Theater
445 Geary
316
18A
Curran Theater
491 Geary
316
13
Clift Hotel
501 Geary
317
1
Bellvue Apt.
42 Golden Gate
343
2
Golden Gate Theater
200 Golden Gate
345
4
YMCA
1 Grant
313
8
Security Pacific Bank
17 Grant
313
7
Zobel
50 Grant
312
8
Ransohoff-Liebes
201 Grant
294
6
Shreve
220 Grant
293
8
Phoenix
233 Grant
294
5
301 Grant
286
5
Myers
311 Grant
286
4
Abramson
333 Grant
286
2
Home Telephone
334 Grant
287
17
Beverly Plaza Hotel
101 Howard
3740
1
Folger Coffee
1049 Howard
3731
74
125 Hyde
346
3B
Rulf's File Exchange
16 Jessie
3708
22
One Ecker
1 Jones
349
3
Hibernia Bank
25 Kearny
310
4
O'Bear
49 Kearny
310
2
Rouillier
153 Kearny
293
2
Bartlett Doe
161 Kearny
293
1
Eyre
200 Kearny
288
11
201 Kearny
287
8
251 Kearny
287
1
Charleston
333 Kearny
270
2
Macdonough
344 Kearny
269
9
Harrigan Weidenmuller
346 Kearny
269
27p
362 Kearny
269
27p
222 Leidesdorff
228
6
PG&E Station J
1 Market
3713
6
Southern Pacific
215 Market
3711
18
Matson
245 Market
3711
14A
Pacific Gas & Electric
540 Market
291
1
Flatiron
562 Market
291
5
Chancery
576 Market
291
5B
Finance
582 Market
291
6
Hobart
641 Market
3722
69
660 Market
311
5
673 Market
3707
51
Monadnock
691 Market
3707
57
Hearst
704 Market
312
10
Citizen's Savings
722 Market
312
9
Bankers Investment
744 Market
312
6
Wells Fargo
760 Market
328
1
Phelan
783 Market
3706
48
Humboldt
801 Market
3705
1
Pacific
835 Market
3705
43