Code Section: 204.1

Subject: Church as residential accessory

Effective Date: 10/94

Interpretation:

   A gathering of persons in a dwelling for formal religious observances is an accessory use to a dwelling if it does not violate any other Code provision, the most relevant of which are this Section, Section 204 and Article 6 (including but not limited to the ¼-of-floor-area limit and the sign restrictions) except that any group or gathering claiming a tax-exempt status as a church also shall be considered a church and not an accessory use for purposes of the Planning Code. This does not preclude members of a church already treated as such under the Planning Code from having incidental or concomitant meetings in residences.

Code Section: 204.1

Subject: Accessory business in R and NC, stock in trade

Effective Date: 6/95

Interpretation:

   This Section allows some nonresidential activity as accessory to a dwelling in residential or Neighborhood Commercial Districts provided the activity complies with certain limitations. One of the limitations prohibits the maintenance of a stock in trade. A very literal application of the term "stock in trade" was thought to be too restrictive as it could preclude even a writer's manuscript, a programmer's software, a telecommuter's office production or hobby craft maintained for sale. The purpose of the restriction is to maintain the character of the residential and NC Districts. It was thought that a stock in trade should be allowed if the appearances and activities necessary to maintain it were not distinguishable from those normally associated with a residential area. The following are examples of the kind of material that should not be considered "stock in trade" pursuant to this Section.

   Catalogs or samples of merchandise to be taken elsewhere to show potential buyers provided people do not come to the residence for the purpose of viewing the samples.

   Materials for assembly into finished products provided these materials are not acquired, and finished products are not accumulated, in such quantities that it requires handling by any person, device, appliance or vehicle that would not be allowed as an accessory to the use in question. Section 204.5(b) defines the size limits of vehicles that can be parked in a residential district and that standard would be used as a size limit for such delivery vehicles.

   Clocks and other antique furniture held for possible future sale by an antique dealer who uses them at home in the meantime, provided prospective buyers do not come to the residence for the sole purpose of shopping.

   This interpretation deals with just one of the limitations imposed upon residential accessory business by this Section. There are other limitations in the Section. Generally, any residential accessory business activity needs to meet the test of being indistinguishable from those normally associated with a residential area. Therefore, excessive volume and frequency of noise accompanying a residential accessory business would not be allowed. No delivery of residential accessory business material could be with a truck exceeding ¾-ton nor could deliveries by any means be frequent.

Code Section: 204.1

Subject: Residential accessory uses, "professional person"

Effective Date: 1/96

Interpretation:

   This Section disallows a business as an accessory use in a dwelling unit in an R or NC District which would be open to the public except for the maintenance within a dwelling unit of the office of a professional person who resides therein. Before 1978, the Code defined a "professional person" as, "a person legally qualified to practice dentistry, medicine, psychiatry, chiropractic, law, architecture or engineering." The 1978 Code dropped this definition, the definition, "any person engaged in an occupation that requires licensing by the State" was considered. However, over time, more occupations had licenses or certificates associated with them. It became difficult to ascertain for which ones a license was required to be practiced legally or for which ones a license or certificate constituted simply a trade endorsement. It was noted that the purpose of the Planning Code professional exemption was not to afford some occupations greater respect but to recognize that specific occupations had been traditionally practiced in San Francisco homes before zoning and had gained some legal merit for continuing in this manner. Therefore, the exemption shall be applied to those occupations which were thought to have been traditionally practiced in the dwelling of the practitioner because that is what the law traditionally allowed.

   The following determinations have been made on this basis:

1995:The practice of acupuncture is allowed as one discipline within medicine.

1/96:The practice of electrolysis is NOT allowed. No evidence was submitted to indicate that this activity would clearly fall within the practice of medicine or whether it has traditionally required a license for legal practice.

Code Section: 204.1

Subject: Office accessory to apartment building

Effective Date: 4/96

Interpretation:

   This Section governs activities that are accessory to dwellings in R or NC Districts. It prohibits the employment of any person not resident in the dwelling unit, other than a domestic servant, gardener, janitor or other person concerned in the operation or maintenance of the dwelling unit. It also prohibits the addition of a building manager's unit, unless such unit meets all the normal requirements of the Code for dwelling units. Therefore, one dwelling unit in an apartment building can be used by a nonresident manager who does not use the premises for the management of units off the site and if the unit retains all the features required by the Code for dwellings that it had as a dwelling unit.

Code Section: 204.1 (h)

Subject: Accessory Uses for Dwellings in R Districts

Effective Date: 05/03/05

Interpretation:

   Section 204.1 allows professionals such as Doctors to operate out of their home.

"SEC. 204.1. ACCESSORY USES FOR DWELLINGS IN R OR NC DISTRICTS.

   No use shall be permitted as an accessory use to a dwelling unit in any R or NC District which involves or requires any of the following: ...(h) The conduct of a business office open to the public. Provided, however, that Subsection (h) of this Section shall not exclude the maintenance within a dwelling unit of the office of a professional person who resides therein, if accessible only from within the dwelling unit; and provided, further..."

Home-based massage therapy is a medical service provided by a professional and shall be allowed out of the home as such.

Code Section: 204.2

Subject: ABC license for club in R District

Effective Date: 4/89

Interpretation:

An unrestricted ABC license (which requires premises to be open to the public and to sell off sale) was allowed for a bar as an accessory to the University Club (an NCU) as long as the accessory use has no signs or advertising announcing the bar to the public so the change would not increase activity.

Code Section: 204.2

Subject: Housing as accessory to a church in R District

Effective Date: 10/95

Interpretation:

   Housing provided by a church in an R District for guests of the church can be allowed as an accessory use to the church if it met the provisions of Sections 204 and 204.2. The fee structure, if any, would have to be consistent with the lodgers being guests of the church. (One provision of Section 204.2 prohibits a separate profit-making activity.) Lodging would not meet the incidental criteria of Section 204 unless it is sporadic and involves few lodgers. The number of lodgers allowed is the same as the number of lodgers that are allowed by the definition of "family." The length of stay would have to be limited to less than one month. Housing for longer periods, such as the parish house or group housing contemplated by Section 209.2(b) must conform to the density, rear yard, usable open space or off-street parking and all other Code requirements for such housing.

Code Section: 204.2

Subject: Child care accessory to church

Effective Date: 01/2002

Interpretation:

   Section 209.3(f) requires conditional use approval for a child-care facility providing care to 13 or more children. Child-care provided within a church in an R District for 13 or more children would still require conditional use approval even if it satisfied the requirements of Section 204.2 for accessory uses.

Code Section: 204.3

Subject: Bar as accessory to a restaurant

Effective Date: 8/87

Interpretation:

   This Section regulates uses accessory to other uses in C and M Districts. Normally, a bar is a principal permitted use in all C and M Districts; however, there may be times, if restricted by moratoria, a special use district or prior conditions of approval, when they might be allowed only as an accessory use. A bar cannot be considered to be accessory to a restaurant unless it is only a service bar for the table server and there is no lounge seating.