186.1

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.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 229-99, File No.990991, App. 8/20/99; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 198-00, File No. 992321, App. 8/18/2000; Ord. 250-06, File No. 061069, App. 10/11/2006; Ord. 245-08, File No. 080696; Ord. 151-09, File No. 090141, App. 7/10/2009; Ord. 3-10, File No. 090962, App. 1/15/2010; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 205- 17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025) AMENDMENT HISTORY Divisions (c)(3)(A) and (d) amended; Ord. 75-12 , Eff. 5/23/2012. Division (a) and undesignated material following division (c)(3)(C) amended; division (c)(3)(D) added; division (d) amended; Ord. 235-14 , Eff. 12/26/2014. Division (c)(4) amended; Ord. 22-15, Eff. 3/22/2015. Division (d) amended; divisions (d)(1)-(3) added; Ord. 188-15 , Eff. 12/4/2015. Division (d)(1) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (d) and (d)(1) amended; Ord. 205-17, Eff. 12/3/2017. Divisions (b)(1), (b)(3), (c)(1), (c)(2), and (c)(3)(A)-(C), undesignated material following (c)(3)(C), division (c)(5), undesignated material following (c)(5)(B), and division (d)(2) amended; Ord. 202-18, Eff. 9/10/2018. Division (b)(3) amended; divisions (c)(4)-(c)(5)(B) and subsequent undesignated paragraph deleted; Ord. 173-25, Eff. 10/6/2025. SEC. 186.2. EXCEPTIONS FOR PRE-EXISTING STRUCTURES IN NEIGHBORHOOD COMMERCIAL DISTRICTS FROM CERTAIN LIMITATIONS ON UPPER-STORY USES IMPOSED UNDER ARTICLE 7. (See Interpretations related to this Section.) This section is intended to provide for the re-use of (1) multi-story buildings, or (2) buildings with either a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed prior to the effective date of this provision (Ordinance No. 445-87) for single-tenant occupancy, by uses which are otherwise not permitted on upper stories pursuant to Article 7 of this Code. (a) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single- tenant occupancy, a use which is permitted as a principal or conditional use at the first story and below may also locate in the upper stories of the building as a nonconforming use as provided in Section 186.1(b) above, if the use occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization. (b) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single- tenant occupancy, an existing first-story nonconforming use may expand above the story which it lawfully occupies as provided in Section 186.1(b) above only if the expanded area is occupied by the same tenant operating the nonconforming use which occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization. (c) Except as provided in this Section or by subsequent changes to the provisions of this Code, new nonconforming uses shall not be established in Neighborhood Commercial Districts. (Added by Ord. 445-87, App. 11/12/87) SEC. 186.3. [REPEALED.] (Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; repealed by Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) SEC. 187. AUDIT PROPERTIES; AMNESTY PROGRAM. (a) Intent. The purpose of this amnesty program is to provide relief from strict compliance with the Planning Code for properties subject to Notices of Violation (“NOV”) issued by the Department of Building Inspection as part of its Internal Quality Control Audit (“Audit”). The Audit identified approximately 5,500 properties that could have been subject to permitting and inspection irregularities. Pursuant to the Audit procedures, these properties were subject to additional review by DBI. As of January 1, 2025, DBI had issued approximately 100 NOVs as a result of the Audit. (b) Limitations. This Section 187 does not alter, modify, waive, or otherwise change the City’s legal defenses to and immunity from any responsibility or liability for harm caused by the conduct of any permit expediter, engineer, architect of record, or other design professional, such as Rodrigo Santos, or inspections by City employees, such as Bernard Curran, or anyone acting on behalf of or in concert with those individuals. The amnesty provided in this Section 187 does not relieve any property owner from complying with the Building Code or obtaining final legal inspection for any work subject to the Audit. (c) Definitions. For purposes of this Section 187 the following definitions shall apply: “Audit” means the Department of Building Inspection’s Internal Quality Control Audit, as it may be updated. “NOV Property” means any property identified in the Audit that is or has been subject to a NOV arising from the Audit. (d) Amnesty Determination. Notwithstanding any other provision of this Code, upon a written determination of the existing conditions made by the Planning Director (“Director”) or the Director’s designee pursuant to subsection (e), the physical condition and use of any NOV Property shall be considered an existing noncomplying structure and/or nonconforming use subject to this Article 1.7, after the property owner abates the NOV by obtaining a final certification of noncomplying conditions from the Department of Building Inspection pursuant to Building Code Section 106A.6, or a Building Permit. (e) Planning Determination of Nonconformity and Noncompliance. The Director or their designee shall document the degree of nonconformity or noncompliance for each NOV Property that is granted amnesty under this Section 187. The Director’s determination of the degree of nonconformity and/or noncompliance shall be based on any of the following: (1) historical photographs; (2) publicly available information, including any NOVs; (3) current photographs provided by the applicant, including photographs showing the NOV Property; (4) drawings provided by the applicant prepared by a state licensed contractor, architect, or registered engineer depicting the width, depth, height, projection, elevation, and other key characteristics of the NOV Property; (5) site inspections by the Planning Department, Department of Building Inspection, or other department having jurisdiction to perform such an inspection, if requested; and (6) any other document or information the Director deems relevant. Such determination shall be provided to the Department of Building Inspection under Building Code Section 106A.6. It shall be the obligation of the property owner to demonstrate eligibility for amnesty under this Section 187. The Director’s determination regarding the degree of nonconformity or noncompliance shall not be subject to appeal. (f) Waiver of Fees. The Planning Department shall waive all fees for applications or other actions under this Section 187. The Planning Department shall also refund any permit fees or enforcement fees and penalties related to abating a NOV issued pursuant to the Audit, regardless of whether the fees or penalties were paid prior to the effective date of the ordinance in Board File No. 250191. (g) Relationship to Planning Code. Pursuant to the provisions of this Section 187 and Building Code Section 106A.6, NOV Properties subject to the Audit may receive amnesty from the Planning Code and be considered existing noncomplying structures and/or nonconforming uses. Although NOV Properties may receive amnesty from strict compliance with the Planning Code for work subject to the Audit, NOV Properties may not enlarge, modify or otherwise intensify the noncomplying structures and/or nonconforming uses. Following receipt by property owner of a certification of existing conditions pursuant to Building Code Section 106A or a Building Permit to abate a NOV, any changes to the property shall be subject to the requirements of the Planning Code in effect as of the date of the subsequent work. (h) Application deadline. Any NOV Property must submit a complete amnesty application no later than three years after the effective date of the ordinance in Board File No. 250191. (i) Sunset. This Section 187 shall expire by operation of law five years after the effective date of the ordinance in Board File No. 250191, following which the City Attorney is authorized to cause it to be removed from the Planning Code. (Added by Ord. 171-25, File No. 250191, App. 9/5/2025, Eff. 10/6/2025) (Former Sec. 187 added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; repealed by Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012) SEC. 187.1. AUTOMOTIVE SERVICE STATIONS, ELECTRIC VEHICLE CHARGING LOCATIONS, AND