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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
PLANNING CODE - INTERPRETATIONS
Office of the Zoning Administrator
The San Francisco Planning Department
1660 Mission Street
San Francisco, California 94103-2414
PREFACE TO THE PLANNING CODE INTERPRETATIONS
ORGANIZATION: The Interpretations are organized in two ways: according to the Planning Code Section to which they relate and alphabetically. The Interpretations by Code Section are organized with the associated Planning Code Section at the left margin followed by the subject, the effective date, and text of the interpretation. Therefore, this document is most easily understood if it is used in combination with a current copy of the Planning Code.
TEXT STYLE: Within an Interpretation, key words or phrases may be bolded as an aid in locating the correct interpretation. The bolding has no special significance. It is not necessarily the core of, or the most important part of the interpretation. It is only an aid in distinguishing an individual interpretation and locating it. In the Interpretations, emphasis of meaning is expressed by ALL CAPITAL LETTERS except where Planning Code text is quoted with emphasis added, which text is underlined.
 
INTERPRETATIONS BY CODE SECTION
Code Section: 101.1
Subject: Change in use defined
Effective Date: /95
Interpretation: This Section states that Priority General Plan Policy findings need to be made whenever there is a change of use. What constitutes a "change of use" pursuant to this Section is a change from one category of use to another category of use listed in the use table for the zoning use district of the subject lot. Therefore, what constitutes a change of use could vary with the use district. For example:
Changing from one unit to two units in the RH-2 District is a change in use because a one-unit house and a two-family house are listed individually in the use table for that district. This would not constitute a change of use in the South of Market Districts because those use charts only list "Dwelling Units" and don't separately list one- and two-family houses.
Adding a dwelling unit to a building in an RM-2 District would not be a change in use unless the building previously had an RM-1 density (1:800) and the addition of the one unit would take the density beyond the RM-1 density.
Changing from a large, fast-food restaurant to a small, self-service restaurant would be a change of use in the Neighborhood Commercial Districts since these districts make a distinction between the two types of restaurants, but the same physical changes to a restaurant in the C-2 District would not be a change of use because the C-2 District does not make this distinction.
Adding a general advertising sign to a building currently containing only business signs would be a change of use since general advertising signs are not allowed in some districts.
Developing anything on a vacant lot constitutes a change of use.
Code Section: 101.1(e)
Subject: Priority policies, change of use
Effective Date: 9/93
Interpretation: This paragraph states that a finding of consistency with the priority policies must be made when there is a change of use. This necessitates a determination of what constitutes a change of use. Regarding a change in residential density, when a number of dwelling units is added that would only be allowed by a higher density zoning district than the most restrictive district allowing the previous number of units (i.e., going from an RM-1 density to an RM-2 density) such change constitutes a change of use.
NOTE:The Planning Code assigns a separate section number for each word it defines in the "102" Section series. When a word is added, it is placed in alphabetical order and all subsequent section numbers in the "102" series are renumbered. To avoid having also to renumber this document whenever a definition is added to the Planning Code, the definitions below are listed within the "102" series but without the specific "decimal" section. Look for the word you want in alphabetical order.
Code Section:   102
Subject:   Definition of Bedroom
Effective Date:   5/09 (Revised 1/14, 10/17)
Interpretation: Planning Code Sections 207.6 and 207.7 require a minimum percentage of two- or three- bedroom units in certain new developments. In order to implement these requirements, it is necessary to define a “bedroom.” Section 102 defines a bedroom as “a ‘sleeping room’, as defined in the Building Code.” However, the Building Code does not contain a single definition of “sleeping room.” Rather, it - along with the Housing Code - contains several varied definitions, many of which relate to technical issues traditionally dealt with by the Department of Building Inspection (DBI). Therefore, a bedroom shall be defined as any room that meets all of the criteria for a bedroom or sleeping room in the Building and Housing Codes, except that for the purposes of the Planning Code a bedroom must be fully enclosed from floor to ceiling, and any room using a wall less than full ceiling height (i.e. a “pony wall”) to separate it from other rooms shall not be considered a bedroom.
Code Section: 102
Subject: "District"
Effective Date:
Interpretation:
   See "Residential district" in the Interpretations - Alphabetical
Code Section: 102
Subject: "Dwelling unit"
Effective Date:
Interpretation:
   See Interpretation 209.2(a)
Code Section: 102
Subject: "Dwelling unit," developing ground floor accessory rooms in residential buildings
Effective Date:
Interpretation:
   See Appendix
Code Section: 102
Subject: "Dwelling unit," live/work
Effective Date: 2/89
Interpretation:
   See Interpretation 161(c)
Code Section: 102
Subject: "Dwelling unit," residential hotel w/communal kitchen
Effective Date: 5/90
Interpretation:
   This Section defines a dwelling unit as a room or suite of rooms designed for one family use and having only one kitchen and that a housekeeping room is a dwelling unit. Residential hotel rooms without kitchens are not considered to be dwelling units. (See Interpretation 209.2 4/89 08/04/89 to see how these are handled.) Adding a communal kitchen to a residential hotel does not change its use under the Planning Code.
Code Section: 102
Subject: "Dwelling unit," definition of living unit with kitchen
Effective Date: 1/92
Interpretation:
   This Section defines dwelling unit. It says that a dwelling unit must have a kitchen but it does not mention length of stay for renters. It has been ruled that a unit with a kitchen rented for a duration longer than one week but less than one month is a hotel. Such unit rented for less than a week is a transient hotel room. These units would be subject to the rules of the Planning Code applicable to their respective uses. Certain hotel rooms with kitchens as designated and controlled by the Residential Hotel Ordinance must have a tenure of at least 32 days or be subject to abatement as illegal conversions to a transient hotel unit under the Residential Hotel Ordinance.
Code Section: 102
Subject: "Dwelling unit," two dwelling units combined
Effective Date: 6/93, 4/2003
Interpretation:
   This interpretation revokes an interpretation dated 6/93. As reflected in the Planning Commission's Policy on Dwelling Unit Mergers (December 2001), the merger of dwelling units raises significant concerns regarding the loss of housing units and the impact upon the City's overall housing stock. Two legal apartments in a multiple-unit building could be combined by opening a party wall and could be used by one family while retaining both kitchens. This situation would be considered to be two units used by one family, and is considered a dwelling unit merger subject to the Planning Commission's Policy. Although the two units still exist as legally separate units, they are, in effect, merged for the use of one family and should be reviewed against the dwelling unit merger policy, since they have a similar effect upon the City's housing stock.
Code Section: 102
Subject: "Family," roomer or boarder as part of
Effective Date: 7/89
Interpretation:
   This Section allows three roomers or boarders to live in a dwelling along with a person or two or more persons related by blood, marriage or legal guardianship as part of the definition of "family." Because the traditional understanding of the terms "roomer" and "boarder" and because the traditional manner in which rooms are let in one's own dwelling involves long-term tenure and because the long-standing interpretation recently expressed in this document (see Interpretation 209.2 4/89 below) requires a minimum tenure of one month for group housing, the terms "roomers" and "boarders" in this definition cannot be used to allow a bed and breakfast or any room rental for a term of less than one month.
Code Section: 102
Subject: "Floor area, gross," ground floor (b)(12)
Effective Date: 3/86
Interpretation:
   This Section exempts from the definition of gross floor area in the C-3 Districts, up to 75 percent or 5,000 square feet of ground floor "devoted to personal services, restaurants, and retail sales of goods intended to meet the convenience shopping and service needs of downtown workers and residents." The intent of this Section is to encourage uses creating pedestrian activity and interest. While a theater may generate pedestrian traffic, it creates no pedestrian interest. Theaters are usually blank-walled and inaccessible to the public without paying an entrance fee. Since most people don't visit theaters as frequently or as spontaneously as retail sales shops, theaters do not service convenience shopping and service needs. Retail sales and service uses allowed in the C-3 Districts are found in Section 218-Retail Sales and Personal Services. Theaters are found in Section 221-Assembly and Entertainment. Therefore, a theater is not a retail use for purposes of this Section and is not exempt from the definition of "gross floor area."
Code Section: 102
Subject: "Floor area, gross"
Effective Date: 4/88
Interpretation:
A porte cochere generally at grade level which extends under a portion of a building containing occupiable area and which is enclosed by the building on no more than two sides does not count as floor area.
Code Section: 102
Subject: "Floor area, gross," basement area
Effective Date: 3/86
Interpretation:
   This Section defines basement space not used for storage or services necessary to the operation or maintenance of the building as included within the gross floor area (GFA). Where a basement extends under the sidewalk through the use of vaulting, such area is owned by the City and a revocable sidewalk encroachment permit is required. Since the City may reclaim possession of the area at any time, the applicant argued that this area should be exempt from the GFA. This situation is analogous to a bay window, which also requires an encroachment permit. Bay window area does count against GFA, and therefore, so does basement space under the sidewalk. However, areas under the sidewalk that are inaccessible from the building are exempt from the GFA.
Code Section: 102
Subject: "Floor area, gross," basement area
Effective Date: 3/86
Interpretation:
   This Section defines basement space not used for storage or services necessary to the operation or maintenance of the building as included within the GFA. In the case of floor area dedicated to services and storage necessary to the operation of the theater, no exemption was granted. These are necessary to the operation of the use, not the building.
Code Section: 102
Subject: "Floor area, gross," ground floor(b)(11)
Effective Date: 3/86
Interpretation:
   This Section exempts the ground floor building or pedestrian circulation in the C-3 Districts. While the amount of ground floor retail exempted under Section 102.8(b)(12) is limited to 75 percent of the ground floor, this does not imply a limit of 25 percent of the ground floor for pedestrian circulation.
Code Section: 102
Subject: "Floor area, gross," ground floor
Effective Date: 3/86
Interpretation:
   This Section exempts from the calculation of gross floor area (GFA) the ground floor building or pedestrian circulation in the C-3 Districts. In a building in a C-3 District, the ground floor circulation consisted of a lobby leading to elevators, and circulation beyond the elevators leading to offices. It was decided to allow the office circulation to be exempt from the GFA based upon the phrase "building circulation." Office circulation is considered to be part of building circulation and is exempt from the GFA.
Code Section: 102
Subject: "Floor area, gross," mechanical space
Effective Date: 5/89
Interpretation:
   These Sections define the amount of mechanical space allowed to be excluded from the gross floor area. Paragraph (a)(1) includes basement and cellar space in the FAR, EXCEPT those areas used for storage or services necessary to the operation or maintenance of the building itself. Thus, any mechanical space located in the basement is excluded from gross floor area. Paragraph (b)(3) excludes any mechanical space located at the top of the building. Paragraph (b)(4) excludes mechanical equipment located either (1) on an intermediate floor of the building and forming a complete floor, or (2) in the C-3 Districts, located on a number of intermediate floors occupying less than a whole floor not to exceed the area of an average floor. The two exclusions contained in Paragraph (b)(4) are mutually exclusive; however, this exclusion may be combined with rooftop and basement space.
Code Section: 102
Subject: "Floor area, gross"
Effective Date: 7/89
Interpretation:
   See also Interpretation 204.5
Code Section: 102
Subject: "Floor area, gross," space excluded from in C-3
Effective Date: 5/90
Interpretation:
   This Section states that as much as 75 percent of the ground floor area of a building can be excluded from the definition of "gross floor area" provided the space is used for certain retail uses with less than 5,000 square feet of occupied floor area. In the case of a retail store whose OCCUPIED floor area was less than 5,000 square feet but whose GROSS floor area was more than 5,000 square feet, the entire store was excluded from the gross floor area of the building. It was also clarified that the maximum exclusion of 75 percent does not limit the amount of retail space on the floor to that amount but that any amount in excess of that amount simply will count as part of the gross floor area of the building.
Code Section: 102
Subject: "Floor area, occupied," stairways
Effective Date: 10/89
Interpretation:
   This Section lists those features that are excluded from the gross floor area to determine the occupied floor area. Stairs are included in gross floor area [per Section 102.9(a)(2)] and also in occupied floor area. An exception is office buildings with more than one tenant. In these cases, common stairs and halls serving all the tenants are not counted in the occupied floor area. If tenants are different uses per the parking table, it would be difficult to assign such common circulation facilities to a particular use for calculating the parking requirement. Further, it would not be possible for one tenant to occupy them for their exclusive use. Stairs or halls which exclusively connect different floors or sections of a single tenant remain part of the occupied floor area.
Code Section: 102
Subject: "Floor area, occupied," stairways
Effective Date: 10/92
Interpretation:
   The requirement for off-street parking is determined according to the type of land use, counting the occupied floor area for each type of use. Certain features are subtracted from the definition of gross floor area to result in occupied floor area. The definition of "gross floor area" includes interior stairs and the definition of "occupied floor area" does not subtract them. However, since it is the amount of occupied floor area for a particular use type that is counted and since there may be a different use type on one floor than the next, it was necessary to assign the stairs to one floor or another. For calculating occupied floor area, a stairway shall be assigned to the floor below it.
Code Section: 102
Subject: "Floor area, occupied"
Effective Date: 5/93
Interpretation:
   This Section defines the term, "occupied floor area." The term is used for the computation of the parking requirement (Table 151) and of the housing requirement in the Residential/Service District (Section 803.5(i)). Spaces in restaurants and bars not accessible to the public are excluded from the definition of occupied floor area for purposes of Table 151 but not for purposes of Section 803.5(i).
Code Section: 102
Subject: "Floor area, occupied," spaces within a ballroom establishment
Effective Date: 5/93
Interpretation:
   This Section defines occupied floor area and excludes, "incidental storage space for the convenience of tenants." Based upon this exclusion, space used as storage, office and cashier activities for a dance hall shall not be included in occupied floor area. The Section states that, "restrooms and space for storage and services necessary to the operation and maintenance of the building itself, wherever located in the building" are also excluded from the definition. An exit corridor required by the Building Code for a dance hall was included in the definition because another use of the same space would not have required the corridor and therefore, it does not serve the building itself.
Code Section: 102
Subject: "Floor area, occupied," automobile space in repair garages
Effective Date: 6/96
Interpretation:
   This Section defines occupied floor area (used to determine the required amount of parking) as the gross floor area minus the floor area of certain other features. Gross floor area does not include space used for accessory parking. The definition of occupied floor area further eliminates nonaccessory parking. Therefore, occupied floor area includes no area designated for parking. In the case of an automobile repair garage, the area where automobiles are actually worked upon shall not be considered parking and therefore is included in the occupied floor area. Areas outside of work bays and away from garage walls where work bays are usually located shall normally be considered as parking space and counted as occupied floor area.
Code Section: 102
Subject: "Floor area, occupied," incidental storage in general office building
Effective Date: 7/96
Interpretation:
   This Section describes what amount of the gross floor area of a building shall be counted toward the parking requirement. Subsection (f) states that incidental storage space for the convenience of tenants shall not be counted in the occupied floor area. Where a general tenant office building is proposed, the amount of incidental storage space is not known until specific tenants are found but the amount of parking must be determined while the building is being designed. In such cases, the maximum amount of space assumed to be required for incidental tenant storage shall be no more than 25 percent of the gross floor area of the building. This figure is consistent with the limit for accessory uses in most districts.
Code Section: 102
Subject: "Floor area, occupied," bowling alley
Effective Date: 8/96
Interpretation:
   This Section describes what amount of the gross floor area of a building shall be counted toward the parking requirement. In the case of a bowling alley, the area of the bowling lanes between the foul line and the back of the lane (where the pins are set up) shall not be counted in the occupied floor area because that area is not actually occupied.
Code Section: 102
Subject: "Floor area, occupied," storage area for retail inventory
Effective Date: 12/96
Interpretation:
   This Section defines occupied floor area, a concept used to calculate the number of required parking stalls. The definition subtracts certain features and uses from the gross floor area to arrive at the occupied floor area. One of the areas subtracted is that used for storage of merchandise for sale on the premises. The definition does not provide any limit to such storage. The Zoning Administrator will not impose any limit to storage area of retail store inventory that can be subtracted from gross floor area to achieve occupied floor area as it could change the way retail stores operate, increasing the number of deliveries. The floor area of an accessory use is limited to either 25 percent or 33.3 percent of the total floor area of the use, depending upon the zoning district. Retail store inventory storage, however, is considered to be an integral part of the retail use and not a separable function subject to the consideration of accessory provisions.
Code Section: 102
Subject: "Height," definition of an "up sloping lot"
Effective Date: /96
Interpretation:
   Subsection (c) of this Section defines how to measure height, "where the lot slopes upward from a streetIn the case where a lot is level but its front property line is retained above the sidewalk by a retaining wall built immediately in front of the front property line, the lot is considered to be an up sloping lot. The definition quoted relates the lot to the street rather than relating the rear property line to the front property line. In this case, the lot is higher than the street.
Code Section: 102
Subject: "Height," street versus alley as height reference
Effective Date: 3/97
Interpretation:
   This Section defines height and describes how to measure the height of a building or structure. It uses the term, "street" as a reference point for measurement. The Code differentiates between a "street" and an "alley" (an alley being less than 30 feet in width). Subsection (d) of the definition of height states that, when a lot fronts on two or more streets, the owner may choose the street or streets from which the measurement of height is to be taken. Since the entire Section uses the term "street" and never the term "alley," when a site has frontage on both a street and an alley, the street should always be used as the reference point. If a site has no street frontage and only alley frontage, the alley shall be used to measure height.
Code Section: 102
Subject: "Lot," adjacent lots under single ownership
Effective Date: 4/89
Interpretation:
   This Section states that a lot may consist of one Assessor's lot but may consist of more than one if deemed necessary by the Zoning Administrator in administering the provisions of the Planning Code (such as Section 173of Lots Required. This does not apply to lots which are separated by a separately owned property of any width. Therefore, a lot (6742/27a) which is substandard size and owned by the owner of a lot across a five-foot utility easement could be sold separately since it is not directly abutting the other lot owned by the same party and could not be merged.
Code Section: 102
Subject: "Lot," two lots under one ownership
Effective Date: 10/89
Interpretation:
   This Section states that two or more Assessor's lots may be considered to be one lot if necessary to implement the intent of the Code. A landlocked lot zoned RH-1 was under the same ownership as an adjacent RH-2 lot fronting on a street which supplied an easement to the landlocked lot. A single-family dwelling could be built on the landlocked lot as long as a variance were granted for the rear yard and a Notice of Special Restriction were placed on both lots requiring their being considered one lot for Planning Code purposes.
Code Section: 102
Subject: "Lot," two Assessor's lots as one zoning lot
Effective Date: 5/91
Interpretation:
   See Interpretation 181(a)
Code Section: 102
Subject: "Nighttime entertainment uses," acoustic music
Effective Date: 11/91
Interpretation:
   This Section defines "nighttime entertainment" as activities requiring police permits which allow amplified music. Therefore, non-amplified music is not classified as nighttime entertainment and activities requiring police permits which limit the entertainment to non-amplified performances could be approved for those SOMA districts where nighttime entertainment is not permitted provided the entertainment is accessory to a lawful primary use.
Code Section: 102
Subject: Definition of "Plan dimensions"
Effective Date: 4/87
Interpretation:
   The question was whether balconies and bay windows were included in the measurement of "plan dimension" and "diagonal dimension." It is noted that this Section defines "plan dimension" as the distance between its walls. Since balconies do not incorporate walls and do not enclose building volume, they are not included in the measurement of building bulk but bay windows do incorporate walls and do enclose building volume and therefore, are included in the measurement of building bulk.
Code Section: 102
Subject: "Residential,"
Effective Date:
Interpretation:
   See "Residential use defined 4/97" in the Interpretations - Alphabetical
Code Section:   102
Subject:   Definition of a Restaurant – Type ABC License
Effective Date:   8/23/17
Interpretation:
   This definition allows a Restaurant to sell beer, wine, and/or liquor for drinking on the premises with ABC license types 41, 47, 49, 59, or 75. In 2016, the California Legislature adopted SB 1285 to create a new type of “neighborhood- restricted” restaurant liquor license, which the California Department of Alcohol Beverage Control (ABC) designated a “Type 87” liquor license.
   Under the law, Type 87 licenses are only available for restaurants, not bars or liquor stores. These licenses are generally subject to the same requirements and privileges as existing restaurant full liquor licenses (“Type 47” licenses).
   Type 87 licenses are initially only available for new or existing restaurants located within a set of enumerated census tracts around seven target San Francisco commercial corridors. Those corridors are Third Street in the Bayview, Mission Street in the Excelsior, Ocean Avenue, San Bruno Avenue, Noriega Street, Taraval Street, and Visitacion Valley.
   A neighborhood-restricted license may not be sold or transferred to any other business or location. When a restaurant with a Type 87 license closes, and its license is cancelled, the ABC is authorized to subsequently issue a new neighborhood-restricted license to a new business, subject to all of the same geographic and other limitations.
   Under the new law, five Type 87 licenses will be available for San Francisco businesses beginning in late summer 2017. These licenses will be available directly from the ABC, and will be issued as part of their annual process of issuing new full liquor licenses for counties statewide.
   The law specifies that application fee for a Type 87 license is set to be the same as for a new Type 47 license, currently set at approximately $14,000. Applicants for Type 87 licenses are required to go through the same application process as for Type 47 licenses, although Type 87 applicants will also be required to hold a pre-application community meeting prior to submitting a completed liquor license application.
   Therefore, because the new Type 87 liquor license is designed to mirror the Type 47 liquor license, and because a Type 47 is permitted as part of a Restaurant, the definition of a Restaurant shall include a Type 87 liquor license and it shall be regulated in the same manner as a Type 47 license.
Code Section: 121
Subject: Illegal lots
Effective Date: 3/88 and 3/9/88
Interpretation:
   See Interpretation 173
Code Section: 121
Subject: Lot subdivision, with existing house
Effective Date: 4/89
Interpretation:
   A subdividable lot has a house located on it in such a way that it would be sited partially on both proposed new lots. In such cases, we have allowed the subdivision with an easement to allow the house to encroach upon one of the lots. A question was raised about the amount of such encroachment and it was noted that the Zoning Administrator had approved an encroachment of up to 1/3 of a house's coverage in the past but that the policy is subject to further review.
Code Section: 121(d)(2)
Subject: Minimum lot width
Effective Date: 1/89
Interpretation:
   A lot (7112/6B) which was deficient in width by less than ¼ inch (1 percent) will be considered to be 25 feet in width. Such amount could be within the margin of measuring error. [The determination was not made solely on the basis of the percent of deviation from the standard (see Interpretation 121(e)(1) 1/89) but also on the absolute amount involved.]
Code Section: 121(e)
Subject: Minimum lot area, distance from corner
Effective Date: 7/15/86 Zoning Bulletin
Interpretation:
   This Section states that a lot ENTIRELY within 125 feet of an intersection may be 1,750 square feet. The bulletin [Appendix 121(e)] states that a portion of a lot may be beyond the 125-foot distance if a 1,750-square foot portion of the lot, 25 feet in width is within the 125-foot distance.
Code Section: 121(e)(1)
Subject: Minimum lot area
Effective Date: 1/89
Interpretation:
   A proposed lot which would be deficient in size by 38 square feet out of the required 4,000 square feet (.9 percent) would require a variance. [The determination was not made solely on the basis of the percent of deviation from the standard (see Interpretation 121(d)(2) 1/89) but also on the absolute area involved.]
Code Section: 121(f)
Subject: Conditional use for lot of lesser AREA
Effective Date: 11/87
Interpretation:
   This subsection allows the approval of a lot with a width less than that normally required if the lot contains no less than 1,500 square feet and is developed only with a single-family dwelling. The wording of this Section places the width factor foremost with the density and area factors subordinate. Therefore, the Section allows the approval of a lot with less AREA than normally required ONLY in conjunction with approval of a lesser WIDTH.
Code Section: 121(f)
Subject: Lots of substandard size, approval procedure
Effective Date: 5/90
Interpretation:
   This Section allows a lot of substandard size to be approved as part of a conditional use to allow its substandard width. Two lots of substandard size were proposed to be split from one lot. One of the proposed lots qualified for approval through the conditional use process but the other did not since its width would not be substandard. Previous policy determinations indicated that the conditional use procedure should be used where available instead of the variance procedure. In the above case where one but not both related lots could be approved with a conditional use, both should be subject to the variance procedure rather than to two separate procedures.
Code Section: 121.2
Subject: NC District use size, change in use
Effective Date: 10/93
Interpretation:
   This Section requires a conditional use authorization for uses that would occupy more than a threshold amount of floor area. A conforming use which was over the threshold but which predated the use size limit requirement could change to a different use occupying the same floor area without a conditional use authorization as long as there was no significant increase in the floor area. See Interpretations 186.1(b) "Significant" 12/88 and 10/93 for a determination of what constitutes "significant."
Code Section: 121.2
Subject: Use exceeding use size limit, subdivision of
Effective Date: 3/97
Interpretation:
   This Section states that a conditional use authorization is required for a proposed use to exceed a certain size in the Neighborhood Commercial Districts. Where a single use exceeding that limit was proposed to be divided into two uses, one use continuing to exceed the limit and the other being under it, no conditional use is required. However, if a single use exceeding the limit were to be divided into two uses, BOTH OF WHICH CONTINUED TO EXCEED THE LIMIT, a conditional use authorization would be required because the number of noncomplying uses would be increased. Planning Code Subsection 178(c) states that an existing conditional use cannot be significantly altered, enlarged, or intensified without another conditional use authorization. Subsection 178(e) states that a conditional use can change to another conditional use only with a CU authorization but that it can change to a permitted principal use without a CU authorization. A previous interpretation [178 3/86] indicated that the splitting of a conditional use into two conditional uses constituted intensification, however splitting off a use that is not a conditional use does not require a conditional use authorization.
Code Section: 124(f) and 415
Subject: Exemption of affordable units required per Sec. 415 from base floor area ratio limits
Effective Date: 11/04 (Clerically revised 1/14)
Interpretation:
   Section 124(f) permits additional square footage above the base floor area ratio limits in C-3-G and C-3-S districts for construction of dwellings on the site of the building affordable for 20 years to households whose incomes are within 150% of the city's median income. Section 415 requires that a certain percentage of all units constructed on a project site be affordable for fifty years to qualifying households earning 110% of the city's median income for ownership projects, and 55% of the city's median income for rental projects. In C-3-G and C-3-S districts, units required under Sec. 415 technically qualify for the floor area exemption provided under Sec. 124(f), because they meet the minimum affordability requirement of 150% of the city's median income. Thus, affordable units provided to meet the requirements of Sec. 415 are exempted from the base floor area ratio limit in C-3-G and C-3-S districts.
Code Section: 124.1(d)
Subject: FAR and use size limit, Chinatown SUD
Effective Date: 10/93
Interpretation:
   This paragraph says that the floor area ratios normally applying to the Chinatown Mixed Use Districts shall not apply to uses which must relocate as a result of acquisition by the City. This exemption shall apply as well to the use size limit imposed by Section 121.4 so that no conditional use authorization would be needed for such use with a floor area normally requiring a CU and such use with a floor area exceeding the amount that would normally be allowed by CU would be allowed as a permitted use pursuant to the conditions of this paragraph.
Code Section: 130
Subject: Yards and setbacks, general
Effective Date: 1/86
Interpretation:
   A lot fronts on two streets which intersect at an angle of less than 90 degrees.
 
   The lot also has a property line adjoining another lot; this property line is at 90 degrees to one of the streets. In this case, one of the streets can be chosen as the frontage and the other street and the property line adjoining the next lot are considered to be side property lines. This creates a triangular lot for which one must apply the rules in Section 130(d).
Code Section: 130(c)
Subject: Frontage
Effective Date: 11/85
Interpretation:
   This Section allows an owner to choose a frontage when a lot fronts on two or more streets. However, Section 173(b) limits the exercise of this option if the lot is already developed. The owner of a house having vehicular and pedestrian access only from Raycliff Terrace wanted to add to the end of the building that faces Broadway. For rear yard purposes, Section 173(b) would require us to determine that the building fronts on Broadway since the greater yard area faces Raycliff Terrace. However, since Broadway is so much lower than the lot, choosing Broadway as the frontage would put even a portion of the first story of the building over the height limit. Variances cannot be granted for height limits but they can be granted for rear yard purposes. Therefore, since the building is noncomplying whichever frontage is chosen, we decided to choose the frontage which would permit the discrepancy to be rectified with a variance. Therefore, Raycliff Terrace was chosen as the frontage and a variance can be sought to construct an addition to the "rear" of the building facing Broadway. (See 85.664V)
Code Section: 130(c)
Subject: Optional frontage, frontage on two or more streets
Effective Date: 3/87
Interpretation:
   This subsection states that in the case of multiple frontage, the owner may elect a frontage for purposes of yards and setbacks. However, this option may have to be modified in some circumstances. Section 101.1 states that before any permit for any demolition, conversion or change of use is issued, findings of compliance with the Priority Policies of the General Plan shall be made. One of these Priority Policies [Paragraph 101.1(b)(2)] states that existing housing and neighborhood character be conserved and protected. Subsections 172(b) and 173(b) state that no structure or lot shall be built, created or modified in such a way as to create a violation of the Code or increase an existing discrepancy. Section 307 states that the Zoning Administrator shall enforce the Code and gives the Zoning Administrator the authority to adopt such rules, regulations and interpretations and to take appropriate actions as are necessary to secure compliance with the provisions of the Code. Therefore, the owner's option provided by this subsection must occasionally be overridden. Examples of such occasions are noted below.
3/87:A through lot extended from a street to an alley. There was a large house on the street end and a smaller house on the alley end of this lot. Surrounding lots contained only one house built near the major street or also had a larger house near the major street and a smaller house near the alley. The owner wanted to choose the alley as the frontage in order to allow the smaller house to be expanded but was not allowed to do so as this would have run counter to the established building pattern of the block and would jeopardize the neighborhood character protected by the Priority Policies. It also would have placed the required rear yard under the larger house which, since it covered more ground, would have increased the rear yard deficiency. Further, it would have made the larger house nonconforming, making improvements to it more difficult. This would have jeopardized the viability of the larger house which offers greater housing potential than the smaller house in its less desirable location.
8/88:When one end of a lot is higher or lower than the other end, the Planning Commission would prefer new development to occur at the lower end in order to preserve the views of the existing residents of the area.
Code Section: 130(c)
Subject: Frontage of lot abutting two streets
Effective Date: 1987
Interpretation:
   A lot is shaped nearly like a quarter pie slice with two interior lot lines meeting at a 90-degree angle and the street line curving from one of these lines toward the other.
 
   Before the curving street line can intersect the other interior line to complete the exterior corner, it is intersected by another street. The lot frontage created by the street which truncates this potential corner is only six feet. Since this six-foot frontage does not meet the minimum frontage standard, it cannot be chosen as the frontage for purposes of determining the location and size of the rear yard. Therefore the lot is treated like a triangular lot.
Code Section: 130(c)
Subject: Yard and setback requirements, general
Effective Date: 12/97
Interpretation:
   This Section allows owners of lots that abut on two or more streets, to select any street lot line as the front lot line for purposes of yards and setbacks as required by Sections 131 thru 134 of the Code. For purposes of selecting front lot lines on developed lots, existing open spaces that meet current Code requirements should be preserved and established as their respective yards and/or setbacks. Their preservation should occur through the election of an appropriate street lot line as the front lot line.
Code Section: 130(d)
Subject: Triangular lot defined
Effective Date: 2/91
Interpretation:
   See Appendix
Code Section: 130(e)
Subject: Averaging of a required side yard
Effective Date: 1/86
Interpretation:
   See Interpretation 133 Side yard measurement
Code Section: 130(e)
Subject: Rear yard averaging
Effective Date: 9/87
Interpretation:
   Pursuant to long-standing policy, where a site has two depths, a rear yard must be provided for each of these segments at the rear of these segments. This Section states that, "Where the building wall is not parallel to a side or a rear lot line [emphasis added] the required least dimension of the side yard or the rear yard along such line may be applied to the average, provided that no such side yard shall be less than three feet in width at any point, and no such rear yard shall be less than five feet in depth at any point." This provision cannot apply to situations where a lot has two rectilinear segments of different depth because the lot lines are still parallel and perpendicular to each other allowing a rectilinear building. The section is intended to allow flexibility in design only to an extent which would allow full development of the buildable area with a rectilinear building.
Code Section: 131
Subject: Legislated setback lines, waiver by PUD or ZA
Effective Date: 1994
Interpretation:
   This Section continues in effect, the legislated setback lines established by separate ordinances and specifically states that the procedures for establishing, abolishing or modifying them shall be as specified in Sections 302 and 306 through 306.5. These Sections provide for text and map amendments. The provisions governing variances and planned unit development are in Sections 304 and 305. Therefore, legislated setbacks cannot be modified by the PUD or variance process. Nor can the Zoning Administrator adjust a legislated setback by averaging it along a series of buildings. In most cases, a variance would also be needed for the setback required by Section 132.
Code Section: 132
Subject: Front setback
Effective Date: 5/87
Interpretation:
   Three lots (2129/2C, 2D and 2E) used a third lot (Lot 2F) for common access to the street. Lots 2C and 2E have no frontage by themselves on a street. The question was how to determine the front setback on Lot 2C. Once proof of 1/3 ownership of Lot 2F was shown, the average of the setbacks from their own front property lines of the buildings on the two lots on either side would be applied to the subject lot relative to its front property linerelative to the street. See Appendix, 132 and 134 for drawing and for an explanation of how lot depth and building depth and height under the NCIC were determined for another lot in this group.