Code Section: 182 (b)(4)

Subject: NCU change of use, limitation

Effective Date: 5/90

Interpretation:

   This Section states that a nonconforming use (NCU) may be changed to a use that is first permitted in the same zoning district that would permit the NCU's current use. A new use must bring with it to the NCU the same limitations to which it was subject in the zoning district where it would first be permitted. Therefore a wholesale bakery (first permitted in a C-3-S District) could be converted to a sewing factory with the same limitations as a sewing factory in a C-3-S District. In other words, it could occupy no more than ¼ of the floor area on the lot and have no machine with more than five horsepower per Section 226(a) OR it could occupy no more than ½ of the ground floor area on the lot and have no machine with more than five horsepower per Section 226(b). In addition to the limits noted above, such conversion of an NCU must also conform to the limits of the Garment Shop SUD.

Code Section: 182 (g)

Subject: LCU, change in use

Effective Date: 9/90

Interpretation:

   This Paragraph states that once a nonconforming use has been changed to a principal or conditional use permitted in the district in which the property is located, the property may not be returned to its non-conforming status. An LCU is a type of NCU per the introductory paragraph to Section 186. While Section 186 exempts LCUs from automatic amortization based on time period provided in Section 185, nothing in Section 186 exempts LCUs from the provisions applied to all NCUs by Section 182 including the termination based upon change of use. Therefore,

   Paragraph 182(g) applies to LCUs and a former LCU located in an RK-2 District which currently is a child care center for 44 children, cannot be returned to commercial use since a child care center of this size is a conditional use in the RH-2 District.

Code Section: 182 (g)

Subject: Office in South of Market Area, change in use

Effective Date: 1993

Interpretation:

   This Section states that, once a nonconforming use is changed to a conforming use, it loses its non-conforming use status and cannot return again to the nonconforming use. In most SOMA Districts, office use is not permitted but a public utility use is permitted. In the case where a utility company wanted to expand an office located in the SOMA and use it for its own office, the use was considered to be a public utility use rather than an office use, so the expansion would be allowed. In this case only the original office floor area can be an NCU office and the expanded floor area must be considered a utility which could change to any other use allowed in that district.

Code Section: 183

Subject: Loss of nonconforming status regarding parking

Effective Date: 7/92

Interpretation:

   See Interpretation 150(c)(1)

Code Section: 183

Subject: Nonconforming use, three-year period of discontinuance

Effective Date: 7/67

Interpretation:

   This Section says that once a nonconforming use has been abandoned or discontinued for a continuous period of three years, it shall not be reestablished. The following determinations deal with this principle.

   A nonconforming use will not be considered terminated if, before the three-year period of discontinuance has passed, remodeling of the nonconforming space is initiated, and if this work is diligently prosecuted to completion.

   A token use, or mere expression of intent, is not enough to make a period not continuous.

   A conversion to any illegal use constitutes abandonment.

Code Section: 183

Subject: Abandonment of an NCU

Effective Date: 4/89

Interpretation:

   This Section states that an NCU which has been abandoned for a continuous period of three or more years shall have lost its nonconforming use status. Such period needs to have occurred during the time that the use was a nonconforming use. Any period of abandonment prior to the effective date of the Code amendment which made the use nonconforming will not count in this period.