SF Planning Code: SLR

SEC. 816. SLR -- SERVICE/LIGHT INDUSTRIAL/RESIDENTIAL MIXED USE DISTRICT.

The Service/Light Industrial/Residential (SLR) Mixed Use District is designed to maintain and facilitate the growth and expansion of small-scale light industrial, home and business service, wholesale distribution, arts production and performance/exhibition activities, live/work use, general commercial and neighborhood-serving retail and personal service activities while protecting existing housing and encouraging the development of housing and live/work space at a scale and density compatible with the existing neighborhood.

Housing and live/work units are encouraged over ground floor commercial/service/light industrial activity. New residential or mixed use developments are encouraged to provide as much mixed-income rental housing as possible. Existing group housing and dwelling units would be protected from demolition or conversion to nonresidential use by requiring conditional use review.

General office, hotels, nighttime entertainment, movie theatres, adult entertainment and heavy industrial uses are not permitted. (Added by Ord. 115-90, App. 4/6/90)

SEC. 102.14. LOT.

A parcel of land under one ownership which constitutes, or is to constitute, a complete and separate functional unit of development, and which does not extend beyond the property lines along streets or alleys. A lot as so defined generally consists of a single Assessor's lot, but in some cases consists of a combination of contiguous Assessor's lots or portions thereof where such combination is necessary to meet the requirements of this Code. In order to clarify the status of specific property as a lot under this Code, the Zoning Administrator may, consistent with the provisions of this Code, require such changes in the Assessor's records. placing of restrictions on the 1and records. and other actions as may be necessary to assure compliance with this Code. The definition of ``lot'' shall also be applicable to piers under the jurisdiction of the Port Commission. (Amended by Ord. 443-78. App. 10/6/78; Ord. 412-88. App. 9/10/88; Ord. 15-98. App; 1/16/98)

SEC. 102.15. LOT, CORNER.

A lot bounded on two or more adjoining sides by streets that intersect adjacent to such lot, provided that the angle of intersection of such streets along such lot does not exceed 135 degrees For the purposes of this Code. no comer lot shall be considered wider or deeper than 125 feet, and the remainder of any lot involved shall be considered ito be interior lot. Whenever a corner lot is resubdivided, only that portion which is thereafter bounded on adjoining sides by streets as herein described shall be a corner lot. (Amended by Ord. 443-78, App.10/6/78; Ord. 412-88. App. 9/10/88)

SEC. 102.16. LOT, INTERIOR.

A lot other than a corner lot. (Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88. App. 9/10/88)

SEC. 102.17. NIGHTTIME ENTERTAINMENT USES.

Nighttime entertainment uses shall include dance halls. discotheques, nightclubs, private clubs and other similar evening-oriented entertainment activities which require dance hall keeper police permits or place of entertainment police permits which are not limited to nonamplified live entertainment, including restaurants and bars which present such activities, but shall not include any ans activities or space defined in Section 102.2 of this Code, any theater performance space which does no serve alcoholic beverages during performances, or any temporary uses permitted pursuant to Sections 205 through 205.3 of this Code. (Added by Ord. 115-90, App 4/6/90)

SEC. 102.18. ONE OWNERSHIP.

Ownership of a parcel or contiguous parcels of property or possession thereof under a contract by a person or persons, firm, corporation or partnership, individually, jointly, in common. or in any other manner whereby such property is under single or unified control. The term shall include condominium ownership. The term ``owner'' shall mean the person, firm, corporation or partnership exercising one ownership as herein defined. (Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 115-90. App. 4/6/90)

SEC. 102.19. OPEN SPACE, REQUIRED.

Any front setbacks, side or rear yards, courts, usable open space or other open area provided in order to meet the requirements of this Code. (Amended by Ord. 443-78, App. 10/6/18; Ord. 412-88, App. 9/10/88, Ord. 115-90, App. 4/6/90)

which such uses, structures and lots are exempted by this Section 180.

(g) Section 606(c) and other provisions of Article 6 of this Code shall regulate the signs permitted for nonconforming uses. In addition, signs which are themselves classified as nonconforming uses and noncomplying structures under this Code shall be governed by Section 604 and and other provisions of Article 6 of this Code. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 115-90 App. 4/6/90.)

SEC. 181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION.

The following provisions shall apply to nonconforming uses with respect to enlargements, alterations and reconstruction:

(a) A nonconforming use, and any structure occupied by such use, shall not be enlarged, intensified. extended, or moved to another location with the exception of the construction of a mezzanine within a live/work unit, unless thc result will be elimination of the nonconforming use, except as provided in Paragraph (b)(3) below and Section 186.1 of this Code. A nonconforming use shall1 not be extended to occupy additional space in a structure, or additional land outside a structure, or space in another structure, or to displace any other use, except as provided in Sections 182 and 186.1 of this Code.

(b) A structure occupied by a nonconforming use shall not be constructed, reconstructed or altered, unless the result will be the elimination of the nonconforming use, except as provided in Section 186-1 of this Code and in Subsections (a) above and (d), (e), (f) and (g) below, except as follows:

(1) Ordinary maintenance and minor repairs shall permitted where necessary to keep the structure in sound condition, as well as minor alterations, where such work is limited to replacement or existing materials with similar materials placed in a similar manner.

(2) Minor alterations shall be permitted when ordered by an appropriate public official to correct immediate hazards to health or safety, or to carry out newly enacted retroactive requirements essential to health or safety.

(3) Alterations otherwise allowed by this Code shall be permitted for any portion of the structure that will not thereafter be occupied by the nonconforming use, provided the nonconforming use is not enlarged, intensified, extended. or moved to another location.

(4) All other alterations of a structural nature shall be permitted only to the extent that the aggregate total cost of such other structural alterations, as estimated by the Department of Public Works, is less than 1/2 of the assessed valuation of the improvements prior to the first such alteration, except that the structural alterations required to reinforce the structure to meet the standards for seismic loads and forces of the Building Code shall be permitted without regard to cost.

(c) A dwelling or other housing structure exceeding the permitted density of dwelling units or other housing units set forth in Sections 207.5, 208, 209, or 209.2 of this Code for the district in which it is located shall be classified as a nonconforming use under Section 180 of this Code, but only to the extent that such dwelling or other housing structure exceeds the permitted density. This Section 181 shall apply with respect to enlargements, alterations, and reconstruction of the nonconforming portion of such dwelling or other housing structure, consisting of those dwelling units or other housing units which exceed the permitted density. Any dwelling unit or other housing unit coming within the density limit shall not be affected by this Section 181. Except as provided in Section 182(e), no dwelling or other housing structure exceeding the permitted density of dwelling units or other housing unit shall be altered to increase the number of dwelling units or other housing units therein, or to increase or create any other nonconformity with respect to the dwelling unit or other housing unit density limitations of Section 209.1 or Section 209.2.

(d) Notwithstanding the foregoing provisions of this Section 181, a structure occupied by a nonconforming use that is damaged or destroyed by fire, or other calamity, or by ct of God, or by the public enemy, may be restored to its former condition and use; provided that such restoration is permitted by the Building Code, and is started within one year and diligently prosecuted to completion. The age of such a structure for the purposes of Sections 184 and 185 shall nevertheless be computed from the date of teh original construction of the structure. Except as provided in Subsection (e) below, not structure occupied by a nonconforming use that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except in full conformity with the use limitations of this code.

[ paragraph about the 1989 quake omitted ]

(e) [ more earthquake stuff about demolition and reconstruction ]

(f) A nighttime entertainment use within the South of Market RSD or SLR Districts may be enlarged, intensified, extended or expanded, including the expansion to an adjacent lot or lots, provided that:

(1) the enlargement, intensification, extension or expansion is approved as a conditional use pursuant to Sections 303 and 316 of this Code;

(2) the use as a whole meets the parking and signage requirements, floor area ratio limit, height and bulk limit, adn all other requirements of this Code which would apply if the use were a permitted one; and

(3) the provisions of Section 83.5(h) of this code are satisfied.

(g) Automotive sales and service signs within the Automotive Special Use District which have all required permits but which do not comply with the controls for new signs established in Section 607.3 of this Code shall be permitted to remain as nonconforming uses and shall be permitted to modify the signage text to describe new automobile ownerships and dealerships that may occur from time to time. (Added by Ord. 443-78; App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 79-89, App. 3/24/89; Ord. 75-90, App. 3/5/90; Ord. 115-90, App. 4/6/90; amended by Ord. 227-92, App. 7/14/92)

SEC.l82.. NONCONFORMING USES: CHANGE OF USE.

The following provisions shall apply to nonconforming uses with respect to changes of use:

(a) A nonconforming use shall not be changed ro modified so as to increase the degree of nonconformity under the use limitations of this Code, with respect to teh type of use or its intensity except as provided in Section 181 for nighttime entertainment activities within the South of Market RSD or SLR districts and in Subsection (f) below. The degree of nonconformity shall be deemed to be increased if the new or modified use is less widely permitted by the use districts of the City than the nonconforming use existing immediately prior thereto.

(b) Except as limited in this Subsection, a nonconforming use may be reduced in size, extent or intensity, or changed to a use that is more widely permitted by the use districts of the City than the existing use, subject to the other applicable provisions of this Code. Except as otherwise provided herein, the new use shall still be classified as a nonconforming use.

(1) A nonconforming use in a Residential District (other than a Residential-Commercial Combined District or an RED District) which use is located more than 1/4 mile from the nearest Individual Area Neighborhood Commercial District or Residential Use Subdistrict described in Article 7 of this Code, may change to another District, or it may change to another use which is permitted as a principal use at the first story and below in an NC-I District, or it may change to another use which is permitted as a conditional use at the first story and below in an NC-I District only upon approval of a conditional use application pursuant to the provisions of Article 3 of this Code. The nonconforming use shall comply with other building standards and use limitations of NC-I Districts, as set forth on Sections 710.10 through 710.95 of this Code.

If the nonconforming use is located with 1/4 mile from an Individual Area Neighborhood Commercial District or Restricted Use Subdistrict described in Article 7 of this Code, the nonconforming use may change to another use which is permitted as a principal use at the first story and below in an NC-I District and in the Individual Area Neighborhood Commercial District or Restricted Use Sub-District.