202.17

SEC. 202.17. PERMITTED USES AND USE SIZE LIMITS FOR DISPLACED BUSINESSES; NOTICE REQUIREMENT. (a) Purpose. It is to the general benefit of the people of San Francisco and the unique character of the City and its neighborhoods to retain commercially viable businesses that are forced to close and relocate for a variety of reasons, including but not limited to new development, escalating commercial rent, or other economic hardship. The provisions of this Section 202.17 are intended to streamline and increase opportunities for Displaced Businesses to relocate within the City, but do not override any controls enacted by voter initiative. (b) Definitions. The following definitions shall apply to this Section 202.17. New Location means the site or location where a Displaced Business seeks to be permitted. Prior Location means the place of operation where a Displaced Business was lawfully permitted and operated for at least five years prior to relocating to the New Location. Displaced Business means a commercial or institutional use with less than 50,000 square feet of Gross Floor Area, whose lease expired and was not renewed, or was otherwise terminated by the property owner, and submits a complete Development Application to relocate to a New Location within five years of the property owner submitting a complete Development Application for development at the site of the Prior Location. Any Displaced Business shall not be considered a Displaced Business upon the Department’s approval of the first Development Application to relocate to the New Location. (c) Controls. (1) Conditional Use Authorization Not Required. Notwithstanding any other provision of this Code, if the use and use size associated with a Displaced Business is either principally or conditionally permitted in the zoning district of the New Location, the use and use size of the Displaced Business shall be principally permitted. In no event shall this subsection be construed to permit a use or use size that is not permitted in the zoning district of a proposed New Location, or to allow Formula Retail uses in the Neighborhood Commercial Districts without Conditional Use authorization. (2) No Development Impact Fees. A relocating Displaced Business shall not be subject to fees pursuant to Article 4. (d) Notice of Development Applications to Existing Businesses. Within 15 days of determining that a Development Application is complete or deemed complete, if the Development Application is proposed at a property where there is an existing commercial or industrial use with less than 50,000 square feet of Gross Floor Area, the Department shall provide mailed and electronic notice of the Development Application to the existing non-residential tenant and the Office of Small Business. This provision does not increase or decrease the rights or obligations of the property owner or non-residential tenant pursuant to a private agreement, such as a lease. (Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

SEC. 203. EFFECT ON CERTAIN PUBLIC SERVICES. This Code shall not limit the temporary use of any property as a public voting place, or the construction, installation or operation by any public agency or private corporation of any street, of any utility pipe, conduit or sewer, of any power, transmission, communication or transportation line, or of incidental appurtenances to any of the foregoing when located in a street, alley, utility easement or other right-of-way. (Amended by Ord. 443-78, App. 10/6/78) SEC. 204. ACCESSORY USES, GENERAL. (See Interpretations related to this Section.) This Section 204 and Sections 204.1 through 204.6 , shall regulate Accessory Uses, as defined in Section 102. Any use which does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 463-87, App. 11/19/87; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 298-08, File No. 081153, App. 12/19/2008 ; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022) AMENDMENT HISTORY Section amended; Ord. 22-15, Eff. 3/22/2015. Section amended; Ord. 129-17, Eff. 7/30/2017. Reference updated; Ord. 190-22, Eff. 10/17/2022. SEC. 204.1. ACCESSORY USES FOR DWELLINGS IN ALL DISTRICTS. (See Interpretations related to this Section.) No use shall be permitted as an accessory use to a dwelling unit in any District that involves or requires any of the following: (a) Any construction features or alterations not residential in character; (b) The use of more than one-third of the total floor area of the dwelling unit, except in the case of accessory off-street parking and loading or Neighborhood Agriculture as defined by Section 102; (c) The employment of more than two people who do not reside in the dwelling unit, excluding a domestic worker, gardener, or janitor; (d) Residential occupancy by persons other than those specified in the definition of family in this Code; (e) In RH-1(D), RH-1, and RH-1(S) Districts, the provision of any room for a roomer or boarder with access other than from within the dwelling unit; (f) Addition of a building manager's unit, unless such unit meets all the normal requirements of this Code for dwelling units; (g) The maintenance of a stock in trade other than garden produce related to Neighborhood Agriculture as defined by Section 102, or materials and products related to a Cottage Food Operation; or (h) The use of show windows or window displays or advertising to attract customers or clients; (i) The conduct of a business office open to the public other than for sales related to garden produce of Neighborhood Agriculture as defined by Section 102, or the finished products of a Cottage Food Operation; or (j) A Medical Cannabis Dispensary as defined in Section 102; or (k) A Massage Establishment as defined in Section 102, or either a Sole Practitioner or Sole Practitioner Massage Establishment as defined in Section 29.5 of the Health Code (a Health Service Use). Provided, however, that Subsection (i) of this Section shall not exclude the maintenance within a Dwelling Unit of the office of a professional person who resides therein, if accessible only from within the dwelling unit; and provided, further, that Subsection (h) shall not exclude the display of signs permitted by Article 6 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 288-13 , File No. 130998, App. 12/26/2013, Eff. 1/25/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY Divisions (b), (g), and [former] (h) amended; Ord. 66-11 , Eff. 5/20/2011. [Former] division (i) added; Ord. 140-11, Eff. 8/4/2011. Section header, undesignated introductory paragraph, and divisions (b), (c), and (g) amended; new division (h) added; former division (h) redesignated as (i) and amended; former division (i) redesignated as (j); undesignated concluding paragraph amended; Ord. 288-13 , Eff. 1/25/2014. Divisions (b), (c), (g), (i), and (j) amended; Ord. 22-15, Eff. 3/22/2015. Division (c) amended; Ord. 248-23, Eff. 1/14/2024. Divisions (i) and (j) amended; division (k) added; Ord. 13-26, Eff. 3/16/2026. SEC. 204.2. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN RESIDENTIAL DISTRICTS. (See Interpretations related to this Section.) No use shall be permitted as an accessory use to a use other than a dwelling in any Residential District that involves or requires any of the following: (a) The use of more than one-fourth of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading; (b) The use of show windows or window displays or advertising to attract customers or clients, except for an identifying sign and regulated in Article 6 of this Code; or (c) The conduct of any activity of a profit-making or commercial nature, except as an integral part of the permitted principal or conditional use where such activity is expressly permitted by the Zoning Control Table for the district; or (d) A Medical Cannabis Dispensary as defined in Section 102 of this Code. (e) An Adult Sex Venue as defined in Section 102 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022) AMENDMENT HISTORY Division (d) added; Ord. 140-11, Eff. 8/4/2011. Section header and undesignated introductory paragraph amended; Ord. 176-12 , Eff. 9/6/2012. Divisions (c) and (d) amended; Ord. 22-15, Eff. 3/22/2015. Division (e) added; Ord. 75-22, Eff. 6/13/2022.