185

SEC. 185. CONTINUANCE OF OTHER NONCONFORMING USES. (See Interpretations related to this Section.) The purpose of this Section is to provide for the gradual elimination or conversion, after a reasonable allowance of time for the amortization of investments therein, of certain classes of nonconforming uses in buildings, in order to encourage and promote the orderly and beneficial development of the land and buildings with conforming uses. The Section is intended to apply to obsolescent buildings whose use is widely at variance with the regulations of this Code, and is safeguarded against unnecessary hardship in application by provision for a minimum period of continuance of 20 years, by procedures for extension and exceptions, and by the requirement of repeated notice as the buildings approach an age indicative of obsolescence. It is

further declared that the requirement of eventual removal, or conversion to conforming use of such buildings, subject to the exceptions set forth, is in the public interest and is intended to promote the general welfare. (a) This Section shall apply only to nonconforming uses occupying buildings in R Districts, other than Residential-Commercial Combined Districts, when such uses would first be permitted as a principal or conditional use in an NC, C or M District or in a Residential-Commercial Combined District. It shall not apply to exempt limited commercial and industrial uses meeting the requirements of Section 186, or to any nonconforming use of land or a building whose continuance is more strictly limited by the provisions of Section 184. (b) Every such building to which this Section applies may be continued in such use for at least 20 years from the effective date of this Code (May 2, 1960), or of the amendment thereto which causes it to be nonconforming, and may be continued for a longer period if it has not yet reached the age hereinafter specified, computed from the date the building was erected. For buildings of Type 1 or Type 2, as defined in the Building Code of the City, the specified age shall be 50 years; for Type 3 buildings it shall be 40 years; and for Type 4 and Type 5 buildings it shall be 30 years. (c) Upon the expiration of the period specified for each such building, it shall be completely removed or altered and converted to a conforming use, except as hereinafter provided. (d) Where special circumstances apply to any such building and use, which do not apply generally to others affected hereby, extension of time may be granted under the variance procedure as regulated in Section 305, but no such extension shall be for a period in excess of one year. Successive extensions, subject to the same limitations, may be granted upon new application. (e) Any nonconforming use affected by this Section shall be qualified for consideration by the Planning Commission as a conditional use as regulated in Section 303, upon application filed at any time during the period of permitted continuance specified above. In the event that a conditional use is authorized by the Planning Commission for any such use, the provisions of Sections 180 through 183 shall continue to apply to such use except as specifically provided in the action of the Commission, and no enlargement, intensification or extension of the nonconforming use shall be permitted by the Commission. (Amended by Ord. 470-79, App. 9/28/79; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011) AMENDMENT HISTORY Division (e) amended; former division (f) deleted; Ord. 140-11, Eff. 8/4/2011. SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO-1, RTO-M, AND RED DISTRICTS. (See Interpretations related to this Section.) The purpose of this Section 186 is to provide for the further continuance in RH, RM, RTO, and RED Districts of nonconforming uses of a limited commercial and industrial character, as herein described, which are beneficial to, or can be accommodated within, the residential areas in which they are located. It is hereby found and declared that, despite the general incompatibility of nonconforming uses with the purposes of this Code, and with other nearby uses, these limited commercial uses may be tolerated in residential areas, and tend to provide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood residents within a short distance of their homes or, within the South of Market RED Districts, tend to provide jobs and continuation of small scale service and light industrial activities. These uses tend to be small in scale, to serve primarily a walk-in trade, and cause a minimum of interference with nearby streets and properties. Accordingly, this Section recognizes the public advantages of these uses and establishes conditions for their continued operation. (a) Exemption from Termination Provisions. The following nonconforming uses in R Districts shall be exempt from the termination provisions of Section 185, provided such uses comply with all the conditions specified in subsection (b) below: (1) Any nonconforming use at any Story in an RTO, RH, or RM District which is located more than one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below, and which complies with the use limitations specified for the First Story and below of an NC-1 District, as set forth in Section 710 of this Code. (2) Any nonconforming use in an RTO, RH, or RM District which is located within one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below and which complies with the most restrictive use limitations specified for the First Story and below of: (A) an NC-1 District, as set forth in Section 710 of this Code; or (B) Any of the specified Restricted Use Subdistricts specified in subsection (a)(3) below. (3) Subsections (a)(1) and (a)(2) above apply to the following Restricted Use Subdistricts: the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict set forth in Section 781.4 of this Code; the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict set forth in Section 781.6 of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section 786 of this Code. (4) In the RED Districts, any nonconforming use that is Arts Activities, Business Service, Catering, Design Professional, Light Manufacturing, Personal Service, Trade Office, Trade Shop, Wholesale Sales, or Wholesale Storage use. (b) Conditions on Limited Nonconforming Uses. The limited nonconforming uses described above shall meet the following conditions: (1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood; (2) Any signs on the property shall be made to comply with the requirements of Section 606(c) of this Code for Limited Commercial uses; (3) The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m., however, in RED, RTO-1, and RTO-M Districts only, the Planning Commission may extend the hours of operation to 12:00 a.m. through Conditional Use authorization, as outlined in Section 303 of this Code; (4) Public sidewalk space may be occupied in connection with the use provided that it is occupied only with tables and chairs as permitted by this Municipal Code; (5) Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants, and other public features; (6) Noise, odors, and other nuisance factors shall be adequately controlled; (7) An Outdoor Activity Area is principally permitted if it is located at the front of the building. An Outdoor Activity Area that is not at the front of the building is principally permitted in RTO and RTO-M Districts only if it complies with the operating restrictions in Section 202.2(a)(7) and shall not be permitted in RH or RM Districts; and (8) All other applicable provisions of this Code shall be complied with. (c) Formula Retail Uses. All uses meeting the definition of “formula retail” use per Section 303.1 shall not be permitted except by conditional use authorization under the procedures of Section 303 of this Code for RED and RTO Districts and shall not be permitted in RH and RM Districts. (d) Street Frontage. In addition to the requirements of Section 144 of this Code, the requirements of Section 145.1(c)(6) and (7) shall apply. (e) Awnings. Awnings are permitted, subject to the standards in Section 136.1(a) of this Code. Canopies and marquees are not permitted. (f) Termination. Any use affected by this Section 186 that does not comply with all of the conditions herein specified shall be subject to termination in accordance with Section 185 at the expiration of the period specified in that Section, but shall be qualified for consideration as a conditional use under Section 185(e). Any such use that complies with such conditions at the expiration of such period but fails to comply therewith at any later date shall be subject to termination when it ceases to comply with any of such conditions. (g) Reactivation. Limited commercial uses in RH, RM, RTO, and RED Districts that have been discontinued or abandoned, as defined in Section 183, may be reactivated if the Zoning Administrator finds that: (1) the subject space is located on or below the ground floor and was in commercial or industrial use prior to January 1, 1960; and (2) the proposed commercial use meets all the requirements of this Section 186 and other applicable sections of this Code. Spaces with a Residential Use shall be subject to the requirements of Section 317. (h) Other Applicable Provisions. The provisions for nonconforming uses contained in Sections 180 through 183 shall continue to apply to all uses affected by this Section 186, except