305

SEC. 305. VARIANCES. (See Interpretations related to this Section.) (a) General. The Zoning Administrator or the Zoning Administrator’s designee shall hear and make determinations regarding applications for variances from the strict application of quantitative standards in this Code. The Zoning Administrator or the Zoning Administrator’s designee shall have power to grant only such variances as may be in harmony with the general purpose and intent of this Code and in accordance with the general and specific rules contained herein, and to grant such variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Section. No variance shall be granted in whole or in part which would have an effect substantially equivalent to a reclassification of property; or which would permit any use, any height or bulk of a building or structure, or any type or size or height of sign not expressly permitted by the provisions of this Code for the district or districts in which the property in question is located; or which would grant a privilege for which a conditional use procedure is provided by this Code; or which would change a definition in this Code; or which would waive, reduce or adjust the inclusionary housing requirements of Sections 415 through 415.9; or which would reduce or waive any portion of the usable open space applicable under certain circumstances in the Eastern Neighborhoods Mixed Use Districts pursuant to Section 135(i) and 135.3(d); or which would waive or reduce the quantity of bicycle parking required by Sections 155.2 through 155.3 where off-street automobile parking is proposed or existing; or which would waive, reduce or adjust the requirements of the TDM Program in Section 169 et seq1 et seq. A variance may be granted for the bicycle parking layout requirements in Section 155.1 of this Code. If the relevant Code provisions are later changed so as to be more restrictive before a variance authorization is acted upon, the more restrictive new provisions, from which no variance was granted, shall apply. The procedures for variances shall be as specified in this Section and in Sections 306 through 306.5. (b) Initiation. A variance action may be initiated by application of the owner, or authorized agent for the owner, of the property for which the variance is sought. (c) Determination. The Zoning Administrator shall hold a hearing on the application, provided, however, that if the variance requested involves a deviation of less than 10% from the Code requirement, the Zoning Administrator may at the Zoning Administrator’s option either hold or not hold such a hearing. No variance shall be granted in whole or in part unless there exist, and the Zoning Administrator specifies in his or her findings as part of a written decision, facts sufficient to establish: (1) That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district; (2) That owing to such exceptional or extraordinary circumstances the literal enforcement of specified provisions of this Code would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property; (3) That such variance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same class of district; (4) That the granting of such variance will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and (5) That the granting of such variance will be in harmony with the general purpose and intent of this Code and will not adversely affect the General Plan. Upon issuing the written decision either granting or denying the variance in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2 of this Code. (d) Conditions. When considering an application for a variance as provided herein with respect to applications for development of "dwellings" as defined in Chapter 87 of the San Francisco Administrative Code, the Zoning Administrator, or the Board of Appeals on appeal, shall comply with that Chapter which requires, among other things, that the Zoning Administrator and the Board of Appeals not base any decision regarding the development of "dwellings" in which "protected class" members are likely to reside on information which may be discriminatory to any member of a "protected class" (as all such terms are defined in Chapter 87 of the San Francisco Administrative Code). In addition, in granting any variance as provided herein, the Zoning Administrator, or the Board of Appeals on appeal, shall specify the character and extent thereof, and shall also prescribe such conditions as are necessary to secure the objectives of this Code. Once any portion of the granted variance is utilized, all such specifications and conditions pertaining to such authorization shall become immediately

operative. The violation of any specification or condition so imposed shall constitute a violation of this Code and may constitute grounds for revocation of the variance. Such conditions may include time limits for exercise of the granted variance; otherwise, any exercise of such variance must commence within a reasonable time. (Amended by Ord. 234-72, App. 8/18/72; Ord. 378-93, App. 12/2/93; Ord. 305-99, File No. 990496, App. 12/3/99; Ord. 37-02, File No. 001262, App. 4/5/2002; Ord. 298-08, File No. 081153, App. 12/19/2008 ; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024) AMENDMENT HISTORY Division (a) amended; Ord. 75-12 , Eff. 5/23/2012. Division (a) references corrected; Ord. 62-13 , Eff. 5/10/2013. Division (a) amended; Ord. 183-13 , Eff. 9/6/2013. Division (a) amended; Ord. 34-17, Eff. 3/19/2017. Division (c) and undesignated paragraph following (c)(5) amended; Ord. 63-20, Eff. 5/25/2020. Division (a) amended; Ord. 33-24, Eff. 3/23/2024. CODIFICATION NOTE 1. So in Ord. 33-24. SEC. 305.1. REQUESTS FOR REASONABLE MODIFICATION – RESIDENTIAL USES. (a) Purpose. It is the policy of the City and County of San Francisco to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act by reasonably modifying its regulations, policies, practices and procedures for people with disabilities. The City and County of San Francisco also recognizes the importance of sustaining and enhancing our city's neighborhood character. In determining whether a requested modification is reasonable, the City will consider, among other relevant factors, the extent to which the requested modification might fundamentally alter its existing zoning or regulations. The purpose of this Section 305.1 is to establish a process for making and acting upon requests for reasonable modifications to the regulations, policies, practices, and procedures of the Planning Department and Code. (b) Application. (1) Requests for reasonable modification can be made for residential uses in any zoning district in the City and County of San Francisco in accordance with the procedures outlined in this Section 305.1. (2) An applicant may seek a modification through this Section 305.1 for an alteration that is available under other sections of this Code, in which case a modification under this Section shall be in lieu of any approval, permit or entitlement that would otherwise be required. An application under this Section may also seek a modification that is not available under any other sections of the Planning Code. (c) Procedure. (1) Request for a Modification. A person with a disability who requests a modification in the application of the Planning Code to ensure having equal access to housing must initiate the request by providing the required information to the Department. The Department shall maintain a form, known as the Reasonable Modification Form, which will detail the process for seeking a modification and identity the information that must be submitted to the Department in connection with the request for modification. (2) Content of Application. The application shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning Commission. In addition to any other information that is required under this Section 305.1, the applicant shall complete the Reasonable Modification Form. The form shall at a minimum include the applicant’s contact information and a description of the need for the requested modification including an identifiable relationship, or nexus, between the requested modification and the individual’s disability. (3) ADA Accommodation in Making Request. If an individual needs assistance in making the request for a reasonable modification, the individual should notify the Department, which will then endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or applicant's representative. (d) Administrative Review. To expedite the processing and resolution of reasonable modification requests, any request under Section 305.1 may receive administrative review and approval and does not require public notice under Section 306 of this Code. (e) Determination. (1) Zoning Administrator Authority. The Zoning Administrator is authorized to consider and act on requests for reasonable modification. The Zoning Administrator may conditionally approve or deny a request. In considering requests for reasonable modification under this Section 305.1, the Zoning Administrator shall consider the factors in subsection (e) (2). (2) Criteria for Modification. When reviewing a request for reasonable modification, the Zoning Administrator shall consider whether: (A) the requested modification is requested by or on the behalf of one or more individuals with a disability protected under federal and state fair housing laws; (B) the requested modification will directly enable the individual to access the individual's residence; (C) the requested modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy a dwelling; (D) there are alternatives to the requested modification that would provide an equivalent level of benefit; (E) the requested modification will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined under federal and state fair housing laws. (F) the requested modification will, under the specific facts of the case, result in a fundamental alteration in the nature of the Planning Code or General Plan, as "fundamental alteration" is defined under federal and state fair housing laws. (G) the requested modification will, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others. (3) Residential Design Guideline Review. If the proposed project is in a zoning district that requires residential design guideline review, the Department shall complete the design review and make appropriate recommendations, while also accommodating the reasonable modification. Approvals are subject to compliance with all other applicable zoning or building regulations. (4) Historic Resource Review. If the proposed project would affect a building that is listed in or eligible for listing in a local, state, or federal historic resource register, then the modifications will be reviewed by the Planning Department’s Historic Preservation Technical Specialists to ensure conformance with the Secretary of the Interior Standards for the Rehabilitation of Historic Properties. (5) Written Decision. Upon issuing a written decision either granting or denying the requested modification in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2. (g)1 Fees. The Department may charge time and materials costs incurred if required to recover the Department’s costs for providing services. If an applicant can demonstrate financial hardship, the Department may waive or reduce the fee pursuant to Section 350(j) of this Code. (Added by Ord. 21-15 , File No. 141237, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; 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 (e)(1) and (e)(2) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (d)(1)-(e)(2) deleted; former division (f) redesignated as (e); divisions (d), (e)(1), and (g) amended; Ord. 248-23, Eff. 1/14/2024. Divisions (c)(2), (e)(1), and (e)(4) amended; Ord. 13-26, Eff. 3/16/2026. CODIFICATION NOTE 1. So in Ord. 248-23. SEC. 306. APPLICATIONS AND HEARINGS.