803.2

SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS. (See Interpretations related to this Section.) (a) Zoning Control Tables. Each Chinatown Mixed Use District has a corresponding Zoning Control Table that details the basic development standards and Use controls for the respective district. Zoning control tables are explained in Section 202.1 of this Code. Permitted Uses, Conditionally Permitted Uses, and Uses that are not permitted in the zoning districts described in this Section 803.2 are detailed in the corresponding zoning control tables. (b) Uses in Enclosed Buildings. All Permitted and Conditionally Permitted Uses in Chinatown Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: accessory off-street parking and loading; uses which, when located outside of a building, qualify as an Outdoor Activity Area, Neighborhood Agriculture, Wireless Telecommunications Services Facility, and uses which by their nature are to be conducted in an open lot or outside a building. (c) Multiple Uses in One Structure. If there are two or more uses in a structure and none is classified under Section 803.2(d) of this Code as an Accessory Use, then each of these uses will be considered separately as an independent permitted, conditional, temporary, or not permitted use. (d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use as defined in Section 102, shall be permitted in Chinatown Mixed Use Districts when located on the same lot. Any Use not qualified as an Accessory Use shall only be allowed as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use. No use in a Chinatown Mixed Use District will be considered accessory to a Principal Use which involves or requires any of the following: (1) The use of more than one-third of the total floor area occupied by both the Accessory Use and the Principal Use to which it is accessory, combined, except in the case of accessory off-street parking; (2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site; (3) Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a retail grocery or specialty food store; (4) The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place; however, Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants. (5) Medical Cannabis Dispensaries. (6) AAny General Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq., or one that does not require a Limited Live Performance Permit as set forth in Police Code Section 1060.1(e). (7) Cannabis Retail. (8) An Adult Sex Venue as defined in Section 102 of this Code. No part of this subsection (d) shall prohibit take-out food activity which operates in conjunction with a Restaurant or Limited Restaurant, which includes takeout food as an accessory and necessary part of its operation. (e) Temporary Uses. Uses not otherwise permitted are permitted in Chinatown Mixed Use Districts to the extent authorized by Sections 205, 205.1, or 205.2 of this Code, except that Temporary Cannabis Retail Uses shall not be permitted in Chinatown Mixed Use Districts. (f) Not Permitted Uses. (1) Uses which are not listed in this Article 8 are not permitted in a Chinatown Mixed Use District unless determined by the Zoning Administrator to be Permitted Uses in accordance with Section 307(a) of this Code. (2) No use, even though listed as a Permitted Use or otherwise allowed, shall be permitted in a Chinatown Mixed Use District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise. (3) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202(b)(1). (4) No off-street parking garage installations or new curb cuts are permitted on the alleyways in the Chinatown Mixed-Use Districts. (g) Other Chinatown Mixed Use District Provisions. (1) Garages in Existing Residential Buildings. Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review hearing by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Planning Commission shall find that: (A) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code; (B) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a Dwelling Unit without increasing the floor area in a commensurate amount; (C) the building has not had two or more “no-fault” evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (12) of the Administrative Code, with each eviction associated with a separate unit(s) within the past 10 years, and (D) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the

project sponsor attesting to (A), (B), and (C) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (D) above. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 420-97, App. 11/7/97; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 269-08, File No. 081234, App. 11/25/2008; Ord. 77-10, File No. 091165, App. 4/16/2010; 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. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 213-18, File No. 180319, App. 9/14/2018, Eff. 10/15/2018; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24 , File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024) AMENDMENT HISTORY Table 803.2 rows 803.2.74A and .74B added; division (b)(1) amended, division (b)(1)(B)(vi) added; Ord. 66-11 , Eff. 5/20/2011. Division (b)(1)(B) amended; division (b)(1)(C)(v) added; Ord. 140-11, Eff. 8/4/2011. Division (b)(1)(C)(ii) amended; division (b)(1)(C)(vi) added; division (b)(1)(C) concluding paragraph amended; Ord. 172-11 , Eff. 10/12/2011. Table 803.2 rows 803.2.41, .43, and .44 amended, former rows 803.2.42 and .45 deleted; Ord. 75-12 , Eff. 5/23/2012. Former divisions (b)(1)(B)(v)(1)-(4) redesignated as (b)(1)(B)(v)a.-d.; designation of divisions (b)(1)(B)(vi) and (b)(1)(C)(vi) corrected; Ord. 56-13 , Eff. 4/27/2013. Table 803.2 rows 803.2.38a, .38b, .39a, and .39b amended; Ord. 287-13 , Eff. 1/25/2014. Reference amended in division (b)(1)(B); Ord. 235-14 , Eff. 12/26/2014. Table 803.2 row 803.2.99 added; division (b)(1) amended; Ord. 166-16 , Eff. 9/10/2016. Table 803.2 row 803.2.75 added; divisions (b)(1), (b)(1)(C) amended; division (b)(1)(C)(vii) added; Ord. 229-17, Eff. 1/5/2018. Undesignated introductory paragraph amended; divisions (b)(1)(C)(i), (ii), (iv), and (v) amended; Ord. 196-18, Eff. 9/10/2018. Undesignated introductory paragraph and divisions (a), (b) (1)(C)(vii), and (b)(1)(D) amended; Table 803.2 row 803.2.75 deleted; Ord. 213-18, Eff. 10/15/2018. Undesignated introductory paragraph and Table 803.2 deleted; former divisions (a), (b), and (b)(1)(A)-(b)(1)(B)(vi) deleted; new division (a) added; former division (b)(1) amended and redesignated as (b) and (c); former divisions (b)(1)(C)-(b)(2)(D) amended and redesignated as (d)-(f)(4); division (g) added; Ord. 208-19, Eff. 10/21/2019. Divisions (g)(1)(a)-(d) redesignated as (g)(1) (A)-(D) and related references updated; Ord. 63-20, Eff. 5/25/2020. Division (d)(6) amended; Ord. 111-21, Eff. 9/4/2021. Division (g)(1)(C) amended; Ord. 136-21, Eff. 9/4/2021. Division (d)(8) added; Ord. 75-22, Eff. 6/13/2022. Division (d) amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024; and Ord. 113-24 , Eff. 7/14/2024, Retro. 3/30/2024. SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. (See Interpretations related to this Section.) (a) Uses in Enclosed Buildings. All Permitted and Conditionally Permitted Uses in Eastern Neighborhoods Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: Agricultural Uses, Wireless Telecommunications Services Facility, uses which by their nature are to be conducted in an open lot or outside a building, and uses which, when located outside of a building, qualify as, Outdoor Sales, an Outdoor Activity Area, or a Walk-Up Facility. (b) Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts are either Principally Permitted, Conditional, Accessory, temporary, or are not permitted. The Uses and Use Characteristics that are Principally Permitted, Conditionally Permitted, or not permitted are detailed in the Zoning Control Tables for each zoning district. (1) Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b)(1)(C) of this Code as Accessory will be considered separately as an independent permitted, Conditional, temporary, or not permitted use. (A) Principal Uses. Principal Uses are permitted as of right in an Eastern Neighborhood Mixed Use District, when so indicated in the zoning control table for the district. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 202.2, 803.8 through 803.9, and other applicable provisions of this Code. (B) Conditional Uses. Conditional Uses are permitted in an Eastern Neighborhood Mixed Use District, when authorized by the Planning Commission; whether a use is conditional in a given district is generally indicated in the zoning control table for the district. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.8 through 803.9 of this Code. (i) An establishment that sells beer or wine with motor vehicle fuel is a conditional use, and shall be governed by Section 202.2(b)(1). (ii) Notwithstanding any other provision of this Article, a change in use or demolition of a Movie Theater use shall require Conditional Use authorization. This subsection (b)(1)(B) (ii) shall not authorize a change in use if the new use or uses are otherwise prohibited. (iii) Notwithstanding any other provision of this Article, a change in use or demolition of a General Grocery use shall require Conditional Use authorization. This subsection (b)(1) (B)(iii) shall not authorize a change in use if the new use or uses are otherwise prohibited. (C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use, as defined in Section 102, shall be permitted in an Eastern Neighborhoods Mixed Use District. In order to accommodate a Principal Use that is carried out by one business in multiple locations within the same general area, such Accessory Use need not be located in the same structure or lot as its Principal Use provided that (1) the Accessory Use is located within 1,000 feet of the Principal Use; and (2) the multiple locations existed on April 6, 1990. Accessory Uses to non-Office Uses may occupy space which is non-contiguous or on a different Story as the Principal Use so long as the Accessory Use is located in the same building as the Principal Use and complies with all other restrictions applicable to such Accessory Uses. Any use which does not qualify as an Accessory Use shall be classified as a Principal Use. No use will be considered accessory to a Principal Use that involves or requires any of the following: (i) The use of more than one-third of the total Occupied Floor Area that is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading conforming to the provisions of this Code, Arts Activities, and accessory wholesaling, manufacturing, or processing of foods, goods, or commodities; (ii) A Hotel, Motel, Adult Entertainment, or Massage Establishment use; (iii) Any sign not conforming to the limitations of Section 607.2(f)(3). (iv) A Medical Cannabis Dispensary use. (v) Any Nighttime Entertainment use, as defined in Section 102; provided, however, that a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq., and entertainment that does not require a Limited Live Performance permit as set forth in Police Code Section 1060.1(e), is allowed in any District except for a RED,1 District. (vi) Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3). (vii) Catering uses that do not meet the limitations set forth in Section 703(d)(3)(B). (viii) An Adult Sex Venue as defined in Section 102 of this Code. (D) Temporary Uses. Temporary uses not otherwise permitted are permitted in Eastern Neighborhoods Mixed Use Districts to the extent authorized by Sections 202.11 and 205 through 205.8 of this Code. (2) Uses Not Permitted. No use, even though listed as a permitted use or otherwise allowed, shall be permitted in an Eastern Neighborhood Mixed Use District that, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water- carried waste, or excessive noise. The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202(b)(1). (Added by Ord. 115-90, App. 4/6/90; amended by Ord. 420-97, App. 11/7/97; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; 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. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 165-15 , File No. 150465, App. 9/23/2015, Eff. 10/23/2015; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY Division (b)(1)(B)(iv) added; Ord. 66-11 , Eff. 5/20/2011. Division (b)(1)(C)(v) added; Ord. 140-11, Eff. 8/4/2011. Division (b)(1)(C)(ii) amended; division (b)(1)(C)(vi) added; Ord. 172-11 , Eff. 10/12/2011. Division (b)(1)(B) amended; Ord. 196-11 , Eff. 11/3/2011. Divisions (a), (b)(1)(A), (b)(1)(B), (b)(1)(C)(ii), (b)(1)(C)(vi) amended; Ord. 42-13 , Eff. 4/27/2013. Designation of division (b)(1)(C)(vi) corrected; Ord. 56-13 , Eff. 4/27/2013. Section header and division (b)(1)(C)(vi) amended; Ord. 165-15 , Eff. 10/23/2015. Divisions (b)(1)(B), (b)(1)(B)(iv), (b)(1)(C), and (b)(1)(C)(i) amended; Ord. 99-17, Eff. 6/18/2017. Divisions (b) and (b)(1)(A)-(b)(1)(B)(iv) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (b), (b)(1), and (b)(1)(C) amended; division (b)(1)(C)(vii) added; Ord. 229-17, Eff. 1/5/2018. Division (b)(1)(C)(viii) added; Ord. 196-18, Eff. 9/10/2018. Section header and divisions (a), (b), (b)(1)(A)-(C), (b)(1)(C)(ii), (b)(1)(C)(vi), and (b)(1)(D) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (b)(1)(C) and (b)(1)(C)(ii) amended; former division (b)(1)(C)(iii) deleted; former divisions (b)(1)(C)(iv)-(viii) redesignated as (b)(1)(C)(iii)-(vii); current division (b)(1)(C)(v) amended; Ord. 63-20, Eff. 5/25/2020. Division (b)(1)(C)(v) amended; Ord. 111-21, Eff. 9/4/2021. Division (b)(1)(C)(viii) added; Ord. 75-22, Eff. 6/13/2022. Divisions (a)-(b)(1)(D) amended; division (b)(1)(B)(iv) deleted; former Sec. 803.4 incorporated as division (b)(2); Ord. 70-23, Eff. 6/3/2023. Division (b)(1)(D) amended; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTE 1. So in Ord. 70-23.