187.1

SEC. 187.1. AUTOMOTIVE SERVICE STATIONS, ELECTRIC VEHICLE CHARGING LOCATIONS, AND

GAS STATIONS AS LEGAL NONCONFORMING USES. (See Interpretations related to this Section.) (a) Continuation as a Nonconforming Use. Notwithstanding any other provision of this Code, an Automotive Service Station or a Gas Station as defined in Section 102 of this Code, located in a Residential district, and having legal nonconforming use status under the provisions of this Code on January 1, 1980, shall be regarded as a legal nonconforming use so long as the station either: (1) continues to sell and dispense gasoline and other motor fuels and lubricating fluids directly into motor vehicles, or (2) transitions to an Electric Vehicle Charging Location. (b) Enlargement and Intensification. An Automotive Service Station regarded as a legal nonconforming use under subsection (a) of this Section 187.1 may enlarge or intensify its current service station operations provided the station receives Conditional Use authorization for such enlargement or intensification under Section 303 of this Code. Conditional Use authorizations issued pursuant to this Section 187.1 shall not contain termination dates. (c) Accessory Uses. Parking for car-share vehicles, as defined in Section 166, is permitted as an Accessory Use, and the addition of car-share vehicle parking shall not constitute an enlargement or intensification of the use. (Added by Ord. 362-90, App. 11/6/90; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022) AMENDMENT HISTORY Former division (a) deleted and former divisions (b) and (c) redesignated as (a) and (b) and amended; new division (c) added; Ord. 22-15, Eff. 3/22/2015. Section header and section amended; Ord. 202-18, Eff. 9/10/2018. Section header and division (a) amended; Ord. 190-22, Eff. 10/17/2022. SEC. 187.2. MECHANICAL CAR WASH FACILITIES ON NINETEENTH AVENUE. (a) Notwithstanding any other provision of this Code, an Automotive Wash, as defined by Section 102 of this Code, is permitted as a conditional use on the same premises as an Automotive Service Station or Automotive Gas Station, existing on the effective date of this Section, and located on Nineteenth Avenue, starting at Lincoln Way and continuing south on Nineteenth Avenue to the southerly portion of Nineteenth Avenue to the intersection with Junipero Serra Boulevard, and continuing south along Junipero Serra Boulevard to the southern boundary of the City and County of San Francisco provided: (1) A vehicle storage and standing area is provided on the premises outside the washing facilities of sufficient size to accommodate at least one-quarter of the hourly capacity in vehicles of the facility; (2) Noise from the facility complies with Article 29 of the San Francisco Police Code and in no event shall noise from mechanical equipment exceed 65 dBA, as defined in Article 29, from 7:00 a.m. to 10:00 p.m., or 60 dBA from 10:00 p.m. to 7:00 a.m., when measured at any location on adjoining residential property; (3) Automobile washing and drying occurs entirely within an enclosed building; (4) Water use and reclamation meets criteria established by the Zoning Administrator in consultation with staff from the San Francisco Public Utilities Commission; (5) A traffic study demonstrates that the operation will not cause a new significant impact on traffic on adjacent streets; and (6) The facility is located on a lot equal to or greater than 12,000 square feet. (Added by Ord. 201-12, File No. 120353, App. 9/27/2012, Eff. 10/27/2012; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY Former divisions (a) and (b) deleted and former division (c) redesignated as (a) and amended; Ord. 22-15, Eff. 3/22/2015. SEC. 187.3. PRE-EXISTING AWNINGS, GATES, AND SIGNS; AMNESTY. (a) Intent. The purpose of this Section 187.3 is to recognize the impacts of the COVID-19 pandemic on small businesses, to acknowledge the contribution of those businesses’ Awnings, Gates, and Signs, as defined in Sections 102 and 602 of this Code, to the diverse character of the City’s commercial corridors, and to establish a program whereby certain existing Awnings, Gates, and Signs that have been erected, installed, or maintained without required permits may be allowed to remain. (b) Controls. Notwithstanding any other provision of this Code, an Awning, Gate, or Business Sign physically existing on or serving a non-Residential business on August 20, 2023 may be considered an existing noncomplying structure and/or nonconforming use governed by this Article 1.7 so long as the Sign, Gate, or Awning is not affixed to a building designated as significant or contributory under Article 11 of this Code. In addition to the foregoing, Awnings, Gates, or Signs that have been required by the Department of Building Inspection on or after January 1, 2023 to be replaced or altered, may be replaced or altered consistent with such requirement and subsequently considered noncomplying structures and/or nonconforming uses subject to this Section 187.3 so long as such replacement or alteration does not increase the degree of nonconformity or noncompliance with other Sections of this Code. All Signs must comply with the illumination provisions of Article 6 of this Code. (c) Procedures. The Planning Director or their designee shall determine the degree of nonconformity or noncompliance for each Awning, Gate, or Sign that is granted amnesty under this Section 187.3. Determinations of nonconformity and/or noncompliance shall be based on (i) historical photographs to be provided by the applicant and/or which are publicly available; (ii) current photographs provided by the applicant, including photographs showing the Awning’s points of attachment to the building; and (iii) drawings provided by the applicant which need not be prepared by a state licensed contractor or architect, or registered engineer so long as those drawings depict the width, depth, height, projection, elevation, and other key characteristics of the Signs, Gates, or Awnings in question. Such determination shall be memorialized either on a Building Permit, Sign Permit, or other form developed by the Planning Department or other City agency. (d) Fees. Notwithstanding any other provision of this Code or the Administrative Code, no fee shall be charged by the Planning Department for a determination under this Section 187.3 and/or for review of Building Permit Applications, Sign Permit Applications, or other approvals which relate exclusively to the implementation of this Section, including any enforcement fees under Section 350(g)(1) of this Code, as long as the application is submitted before July 1, 2025. (Added by Ord. 139-23, File No. 230447, App. 7/20/2023, Eff. 8/20/2023; Ord. 149-23, File No. 230745, App. 7/27/2023, Eff. 8/27/2023; amended by Ord. 177-24, File No. 240474, App. 7/17/2024, Eff. 8/17/2024, Retro. 6/1/2024; Ord. 115-25, File No. 250539, App. 7/17/2025, Eff. 8/17/2025) AMENDMENT HISTORY Divisions (b) and (d) amended; division (e) deleted; Ord. 177-24, Eff. 8/17/2024, Retro. 6/1/2024. Divisions (a)-(d) amended; Ord. 115-25, Eff. 8/17/2025. SEC. 188. NONCOMPLYING STRUCTURES: ENLARGEMENTS, ALTERATIONS, AND RECONSTRUCTION.