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(a) Arts Activities, Social Service or Philanthropic Facilities, and COVID-19 Relief and Recovery uses; Authorization as Temporary Uses. Within all districts listed in Section 201 of this Code except for Residential Districts, the Planning Director may authorize an Arts Activity or Social Service or Philanthropic Facility use, as those uses are defined in Section 102, or any COVID-19 Relief and Recovery use as defined in subsection (b) as a temporary use in a vacant ground-floor commercial space for a maximum of four years. The temporary uses may be provided, in whole or in part, either on site or off site. Such uses may also conduct their administrative activities on site as a sole Principal Use.
The Planning Director’s initial authorization (“Initial Period”) shall not exceed two years and may be extended by the Director up to the four year maximum pursuant to the provisions of subsection (i) below. I 1
(b) Definitions. For purposes of this Section 205.6,1 the following definitions shall apply:
“COVID-19 Relief and Recovery use” means any use providing direct services in housing, employment, health, education and training, legal assistance, public benefits, enrollment and financial assistance preparing and distributing food, water and other essential items, establishing testing facilities, or providing access to restroom or handwashing facilities, or performing any other service that the Department determines will aid COVID-19 relief and recovery efforts.
“Vacant ground-floor commercial space” means a space with street frontage on the ground floor that is zoned for a Non-Residential Use, as defined in Section 102 of this Code, and is vacant.
(c) Application. The property owner or the property owner’s authorized agent (“Applicant,” in either case) shall submit an application for temporary use to the Planning Department, on a form prepared by the Planning Department. The application shall be accompanied by the applicable fees pursuant to Planning Code Section 350 and shall include an affidavit signed by the Applicant and, if applicable, each tenant occupying any portion of the vacant ground-floor commercial space for the temporary use or each tenant’s authorized agent, acknowledging that (1) the use of the space is temporary and subject to the time limits set forth in this Section 205.6,1 (2) the Applicant will pay any outstanding fees, invoices, or penalties owed to City agencies, and (3) the Applicant is in compliance with all requirements of the Municipal Code, including any requirements to abate any Code violations, including Building Code violations. The Applicant shall not be required to pay additional fees set forth in Article 4 of the Planning Code as a prerequisite to obtaining temporary use authorization pursuant to this Section 205.7.
(d) New, Additional, or Modified Temporary Uses. New, additional, or modified temporary uses that were not previously approved by the Planning Director shall be reviewed through the filing of a new application and submittal of a new application fee.
(e) New Tenants. Additional or different tenants may commence occupancy within and use the subject site without additional applications or fees, provided that each new tenant submits a completed affidavit to the Department attesting to the truthfulness and correctness of the information in the previously submitted application and declaring that the new tenant will not discontinue, add to, or modify the approved Interim Activity.
(f) No Conversion, Change, Discontinuance, or Abandonment of Use. The approval or commencement of a temporary use as authorized under this Section 205.7 shall not be considered a conversion, discontinuance, abandonment, or change of use for purposes of this Code, notwithstanding Sections 182 and 183 of this Code. Any property for which the temporary use is authorized shall retain its authorized land use(s). Such authorized land uses, including any nonconforming uses, shall become operative upon the expiration, termination, or abandonment of such temporary use authorization.
(g) Fenestration, Transparency, and Visibility Requirements. Construction proposed in connection with the temporary use shall not cause noncompliance or exacerbate existing noncompliance with respect to fenestration, transparency, or any other visibility requirement of Section 145.1 of this Code. Further, no film, adhesive, blinds, or other treatment may be applied to any existing fenestration.
(h) Information To Be Available To Public. The Department shall make available to the public in the Planning Department’s main office and on its website a list of all applications approved under this Section 205.6,1 along with applicable time frames and any additional information the Planning Department deems useful for or relevant to the continued and successful activation of the subject sites in the surrounding neighborhood.
(i) Extension of Initial Period. Upon the Planning Director’s written determination that permits for the vacant ground-floor commercial space are being and have been diligently pursued, and that the temporary use has been consistent with public convenience, necessity, or the general welfare of the City, the Planning Director is authorized to permit the temporary use to exceed the Initial Period for an additional period of time not to exceed a total time of 24 months. This extension shall require a separate determination of the Planning Director according to this Section 205.7(i), and the authorization of the temporary use may not exceed a total duration of 48 months.
(k) Additional Permits. Authorization of a temporary use under this Section 205.7 does not waive the requirement to obtain any additional permit(s) that may be required by other City Codes, including but not limited to permits required by the Health Code or Building Code.
(l) Fee Waiver for Uses that Propose a COVID-19 Recovery and Relief Activity. If an applicant for approval of a temporary use under this Section 205.6 1 proposes a COVID-19 Recovery and Relief use, as defined in subsection (b) above, the Planning Department fee for reviewing the application shall be waived.
(Added by Ord. 140-20, File No. 200215, App. 8/28/2020, Eff. 9/28/2020)
1. So in Ord. 140-20.