Code Section: 209.2 (a)

Subject: Group housing, single unit

Effective Date: 7/92

Interpretation:

   This Section allows group housing without individual cooking facilities in certain zoning districts. In the situation where two dwelling units existed over a store, the owner wanted to create another space where someone could live. The existing situation was under the density allowance but there was no possibility of creating more parking, rear yard or usable open space. Where group housing is allowed and within the density and other applicable provisions, a single room or suite of rooms containing no kitchen with 31 or more days tenure is a lone group housing unit. Group housing need not consist of more than one such unit in a building.

Code Section: 209.2 (a)

Subject: Group housing with limited cooking facilities

Effective Date: 10/05

Interpretation:

   This Section allows group housing without individual cooking facilities in most residential districts, either as a principally permitted or conditional use. Recent Department practice via Zoning Administrator determination letters has been to allow limited kitchen facilities in hotel rooms or suites in tourist hotels with stays of less than 32 consecutive days. These determinations were based on the proviso that the purpose of including kitchens is not to create dwelling units for permanent residency but to provide hotel guests the option of making their own meals. Likewise, the purpose of including limited kitchen facilities in group housing is not to create dwelling units for permanent residency, but to provide group housing residents the option of preparing their own meals. In the South of Market mixed use districts, single room occupancy units are allowed small kitchens. To that end, group housing units are allowed to have limited kitchen facilities with the following specifications: a small counter space, a small under-counter refrigerator, a small sink, a microwave, and a small two-ring burner. Such limited kitchen facility shall not include any other type of oven, as that would constitute a full kitchen.

Code Section: 209.2 (d)

Subject: Temporary shelters, where permitted

Effective Date: 

Interpretation:

   See Interpretation 216(b)

Code Section: 209.3

Subject:

Effective Date: 

Interpretation:

   See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 209.3 (d)

Subject: Philanthropic facility

Effective Date: 12/87

Interpretation:

Temporary shelters are not included in this category. See Interpretation 216(b) below.

Code Section: 209.3 (e)

Subject: Child care, with separate dwelling

Effective Date: 7/90

Interpretation:

   This Section says that a child care facility for fewer than 13 children is a permitted use in any zoning district. Generally, multiple permitted uses on a single lot are not precluded by the code. Therefore, a separate portion of a house could be rented out as a dwelling while another portion of the house contains a child care facility operated by people who do not live there. The child care facility and the dwelling are two separate principal uses and neither needs be accessory to the other. Further, the child care facility can have its own kitchen without its being considered a separate dwelling unit. Unless it met all the requirements for another dwelling unit, a kitchen in the child care facility would require a Notice of Special Restriction to clarify that the kitchen would be for the care facility only.

Code Section: 209.3 (f)

Subject: Child care in RH Districts, removal of kitchen

Effective Date: 6/92

Interpretation:

   This Subsection states that child care for more than 12 children is a conditional use in the RH, RM and RC Districts. The Planning Commission has a policy of discretionary review for the removal of dwelling units under most circumstances. Since a conditional use from the Planning Commission would be required for such child care facility anyway, that removal of the kitchen could be reviewed under that procedure instead of calendaring a separate D.R. case.

Code Section: 209.3 (g)

Subject: Nonprofit school for children with special needs

Effective Date: 2/70

Interpretation:

   A facility which provides an educational program for children with special needs from kindergarten age through eight years old, but which does not function as part of the school district and does not satisfy the requirements of the compulsory education laws, will be classified the same as a regular elementary school per this paragraph for purposes of determining where the use is allowed. Proof of nonprofit and compulsory education aspects can be established bycopies of Articles of Incorporation of the school, a letter from the U.S. Treasury Department and a transfer of pupil statement.