186.2

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 [REPEALED.]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