186

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

that the cost limit for structural alterations contained in Section 181(b)(4) shall not be applicable thereto. (Amended by Ord. 470-79, App. 9/28/79; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 115-90, App. 4/6/90; Ord. 250-06, File No. 061069, App. 10/11/2006; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 174- 12 , File No. 120715, App. 8/2/2012, Eff. 9/1/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 217-18, File No. 180556, App. 9/14/2018, Eff. 10/15/2018; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 249- 23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY Section header and undesignated introductory paragraph amended; divisions (c) through (e) added; former divisions (c) and (d) redesignated as (f) and [former] (g); Ord. 63-11, Eff. 5/7/2011. Divisions (a), (b), (c), (e), and (f) amended; new division (g) added; former division (g) redesignated as (h) and amended; Ord. 174-12 , Eff. 9/1/2012. Division (a)(1) amended; Ord. 56-13 , Eff. 4/27/2013. Reference amended in division (c); Ord. 235-14 , Eff. 12/26/2014. Divisions (a)-(a)(2)(C) and (b)(2) amended; Ord. 202-18, Eff. 9/10/2018. Division (b)(3) amended; Ord. 217-18, Eff. 10/15/2018. Undesignated introductory paragraph and divisions (a)(1)-(a)(2)(B), (b)(4)- (b)(6), (f), and (g)(2) amended; former division (a)(2)(C) deleted; new divisions (a)(2)(C) and (a)(3) added; former division (a)(3) redesignated as (a)(4) and amended; Ord. 205-19, Eff. 10/12/2019 Divisions (a)(1) and (a)(2) amended; division (a)(2)(B) deleted; division (a)(2)(C) redesignated as (a)(2) (B); Proposition H, 11/3/2020, Eff. 12/18/2020. Divisions (a)(4), (f), and (g) amended; undesignated paragraph added after (g)(2); Ord. 70-23, Eff. 6/3/2023. Divisions (a)(2)(A) and (a)(3) amended; Ord. 249-23, Eff. 1/14/2024. Divisions (a)(3), (b)(3), (b)(6), and (c) amended; new division (b)(7) added; former division (b)(7) redesignated as (b)(8); Ord. 85-24, Eff. 5/27/2024. Division (a)(3) amended; Ord. 217-25, Eff. 12/15/2025. Section header and divisions (a)(4) and (b)(3) amended; Ord. 245-25, Eff. 1/12/2026. SEC. 186.1. EXEMPTION OF NONCONFORMING USES IN NEIGHBORHOOD COMMERCIAL DISTRICTS. (See Interpretations related to this Section.) The purpose of this Section is to provide for the further continuance in NC Districts of nonconforming uses created by adoption of Ordinance No. 69-87, as herein described, and subsequent ordinances that change the uses allowed in NC Districts, which are beneficial to, or can be accommodated within the neighborhood commercial areas in which they are located. It is hereby found and declared that certain uses which traditionally have been permitted to locate in neighborhood commercial areas can be beneficial to a neighborhood commercial area in small or limited numbers, but which if allowed to proliferate, can disrupt the balanced mix of neighborhood-serving retail stores and services. It is further found and declared that in order to prevent undesirable over concentrations of such uses, the establishment of additional such uses shall be prohibited pursuant to controls governing uses in NC Districts. At the same time, however, it is desirable to provide for the further continuance, expansion, enlargement, alteration, changes, discontinuance, and relocation of such existing uses, which are nonconforming as a result of zoning controls governing uses in NC Districts. The following provisions shall govern with respect to nonconforming uses and features located in Neighborhood Commercial Districts to the extent that there is a conflict between the provisions of this Section and other Sections contained in this Article 1.7. (a) Expansion. A nonconforming use may expand in floor area as provided in Subsection (b) below, but may not expand beyond the lot which it occupies, nor may the boundaries of such lot be expanded for purposes of expanding the use; nor may the use expand upward above the story or stories which it lawfully occupies, except as provided in Section 186.2 below. (b) Enlargements or Alteration. (1) A nonconforming use may not be significantly altered; enlarged or intensified, except upon approval of a Conditional Use application pursuant to the provisions of Section 303 of this Code, provided that the use not have or result in a greater height, bulk or floor area ratio, less required rear yard or open space, or less required off-street parking space or loading space than permissible under the limitations set forth in this Code for the district or districts in which such use is located. (2) A nonconforming use may expand to include public sidewalk space provided that such space is only occupied with tables and chairs as permitted by this Municipal Code. (3) No existing use or structure which fails to meet the requirements of this Code in any manner as described above in this subsection (b) shall be constructed, reconstructed, enlarged, altered, or relocated so as to increase the discrepancy, or to create a new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in this Code. However, a Non-Residential Use that fails to meet the Non-Residential Use Size requirements of this Code may be divided into smaller uses sizes, consistent with Sections 121.2 and 121.5. (c) Changes in Use. A nonconforming use may be changed to another use or feature as described below. (1) A nonconforming use may be changed to a use listed in Article 7 of this Code as a Principal Use for the district in which the property is located, and the new use may thereafter be continued as a Principally Permitted Use. (2) A nonconforming use may be changed to a use listed in Article 7 of this Code as a Conditional Use for the district in which the use is located, only upon approval of a Conditional Use application pursuant to the provisions of Article 3 of this Code, and the new use may thereafter be continued as a permitted Conditional Use, subject to the provisions of Section 178 of this Code. (3) A nonconforming use may be changed to a use which is not permitted in that Neighborhood Commercial District as described below, only upon approval of a Conditional Use application, pursuant to the provisions of Article 3 of this Code: (A) Any Bar, Limited Restaurant, or Restaurant use may change to another Bar, Limited Restaurant, or Restaurant use, even though such other use is not permitted in that Neighborhood Commercial District, unless such other use is located in an Alcohol Restricted Use Subdistrict and is prohibited by the provisions governing that Alcohol Restricted Use Subdistrict. (B) Any Business Service, Health Service, Personal Service, or Retail Professional Service use may change to another such use, even though such other use is not permitted in that Neighborhood Commercial District. (C) Any Automotive Repair, Automotive Service Station, or Gas Station use may be demolished and reconstructed as the same use or may change to another such use, even though such other use is not permitted in that Neighborhood Commercial District. The new use shall still be classified as a nonconforming use. The changes in use described in this subsection (c)(3) shall include remodeling activities involving the demolition and replacement of structures that result in a change of use. (D) With regard to Formula Retail uses, a change of owner or operator of a Formula Retail establishment is determined to be an intensification of use and a new Conditional Use authorization shall be required as provided in Section 178(c) of this Code. (d) Discontinuance. A nonconforming use that is discontinued for a period of three years, or otherwise abandoned or changed to another use that is listed in Article 7 of this Code as a Principal or Conditional Use for the district in which the use is located shall not be reestablished, except in the following instances: (1) In the North Beach, Polk Street, Castro Street, and Haight Street Neighborhood Commercial Districts the period of non-use for a nonconforming use to be deemed discontinued shall be 18 months. (2) In the Polk Street Neighborhood Commercial District, the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued shall be 18 months. (3) For Formula Retail uses in any district that prohibits or requires Conditional Use authorization for Formula Retail uses, the period of non-use to be deemed discontinued is 18 months. (e) Relocation. A nonconforming use in a Neighborhood Commercial District may be reestablished at another location within that Neighborhood Commercial District only upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code, provided that the following conditions are met: (1) The original premises shall not be occupied by an establishment of the same type of use as the relocating use unless by another establishment that is relocating from within the district; and (2) No final permits to operate the relocated use at the new premises are granted prior to the issuance of a certificate of final completion of any work to the original premises which is required as conditions attached to the approval of the conditional use application; and (3) Deed restrictions are recorded for the original premises in the Official Records of the City and County of San Francisco, which restrictions prohibit for the duration of the Code sections prohibiting the use for the district in which the use is located, the establishment and operation of a new use of the same type of use as the relocated use, unless such new use is relocating from within the district.