San Francisco County Municipal Code Art. 1.7 Compliance

Sec. 170. Applicability of Requirements. Sec. 171. Compliance of Uses Required. Sec. 172. Compliance of Structures, Open Spaces, and Off-Street Parking and Loading Required. Sec. 173. Compliance of Lots Required. Sec. 174. Compliance with Conditions, Stipulations and Special Restrictions Required. Sec. 175. Approval of Permits or Development Applications. Sec. 175.1. Effective Date of the Central SoMa Zoning Controls. Sec. 175.5. Applicability of Western SoMa Controls to Pending Projects in the SALI District. Sec. 175.6. Effective Date of the Eastern Neighborhoods Zoning Controls. Sec. 175.9. Duration of Authorization in the Eastern Neighborhoods. Sec. 176. Enforcement Against Violations. Sec. 177. Legitimization of Certain Massage Establishments. Sec. 178. Conditional Uses. Sec. 179. Uses Located in Neighborhood Commercial Districts. Sec. 179.1. Legitimization of Uses Located in the Eastern Neighborhoods. Sec. 180. Nonconforming Uses, Noncomplying Structures and Substandard Lots of Record: General. Sec. 181. Nonconforming Uses: Enlargements, Alterations and Reconstruction. Sec. 182. Nonconforming Uses: Changes of Use. Sec. 183. Nonconforming Uses: Discontinuance and Abandonment. Sec. 183.1. Permitted, Non-Conforming, and Conditionally Permitted Uses: Temporary Uses. Sec. 184. Short-Term Continuance of Certain Nonconforming Uses. Sec. 185. Continuance of Other Nonconforming Uses. Sec. 186. Exemption of Limited Commercial and Industrial Nonconforming Uses in RH, RM, RTO-1, RTO-M, and RED Districts. Sec. 186.1. Exemption of Nonconforming Uses in Neighborhood Commercial Districts.

Sec. 186.2. Exceptions for Pre-existing Structures in Neighborhood Commercial Districts From Certain Limitations on Upper-Story Uses Imposed Under Article 7. Sec. 187. Audit Properties; Amnesty Program. Sec. 187.1. Automotive Service Stations, Electric Vehicle Charging Locations, and Gas Stations as Legal Nonconforming Uses. Sec. 187.2. Mechanical Car Wash Facilities on Nineteenth Avenue. Sec. 187.3. Pre-Existing Awnings, Gates, and Signs; Amnesty. Sec. 188. Noncomplying Structures: Enlargements, Alterations, and Reconstruction. Sec. 188.1. Noncomplying Structure Status for Certain Pre-Existing Residential Structures in RH, RM, and RTO Districts. Sec. 189. Substandard Lots of Record: Construction and Other Actions. Sec. 190. Conversion of Medical Cannabis Dispensaries to Cannabis Retail Establishments. Sec. 191. Authorization of Temporary Cannabis Retail Uses. Sec. 192. Legitimization of Certain Land Uses at 3150 18th Street. Sec. 193. Continuation of Longstanding Places of Entertainment.

(See Interpretations related to this Section.) In their interpretation and application, the provisions of this Code shall be held to be minimum requirements. This Code is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law, ordinance or the San Francisco Municipal Code, except such as are specifically repealed by this Code; provided, however, that where this Code imposes a greater restriction upon any use, activity or feature, or with respect to any land or structure, than is imposed or required by such existing provisions of law, ordinance or the Municipal Code, the provisions of this Code shall control. (Added by Ord. 443-78, App. 10/6/78)

(See Interpretations related to this Section.) Except as otherwise provided in this Code, structures and land in any district shall be used only for the purposes listed in this Code as permitted in that district, and in accordance with the regulations established for that district. A Permit of Occupancy shall be issued by the Department of Building Inspection (Central Permit Bureau) to the effect that the use or proposed use of a structure or land conforms to the provisions of this and related ordinances, prior to the occupancy of any structure erected, enlarged or structurally altered, or where any vacant land is proposed to be occupied or used except for permitted agricultural uses. Such a permit shall also be issued whenever the use of any structure or land is proposed to be changed from a use first permitted in any district to a use that is more widely permitted by the use districts of the City. Upon written request from the owner, such a permit shall also be issued covering any lawful use of a structure or land existing on the effective date of this Code, including nonconforming uses. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013) AMENDMENT HISTORY Section amended; Ord. 56-13 , Eff. 4/27/2013.

(See Interpretations related to this Section.) (a) No lot shall be created or reduced so as to be smaller in dimension or area than allowed by this Code, or further reduced if already smaller in dimension or area than allowed by this Code, or created or modified so as to omit, remove or reduce the frontage or access required by this Code. (b) No lot shall be created or reduced in relation to any structure thereon so as to produce a violation of any of the requirements of this Code, or be further reduced in relation to any structure thereon if already below such requirements in relation to such structure. (Added by Ord. 443-78, App. 10/6/78)

(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011) CODIFICATION NOTE Section 15 of the repealing ordinance cited above states: "The San Francisco Planning Code is hereby amended by repealing Section 172.2, as follows: SEC. 175.2. . . ." The remainder of former Section 175.2 is then set out and struck through. The initial reference to Section 172.2 therefore appears to have been a scrivener's error. Accordingly, the codifier has given effect to Section 15 of the repealing ordinance by deleting this Section 175.2 from the Code and designating it as repealed.

(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)

(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; repealed by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014)

(Added by Ord. 57-08, File No. 071651, App. 4/10/2008 ; amended by Ord. 60-16 , File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016 ; repealed by Ord. 40-23, File No. 220878, App. 3/28/2023, Eff. 4/28/2023)

Section 177 established a time-limited program whereby existing Massage Establishments that have operated without required permits may seek those permits. Pursuant to its terms, this program sunsetted on December 27, 2016, 18 months after its effective date of June 27, 2015. (Added by Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018) AMENDMENT HISTORY Divisions (b) and (g) amended; Ord. 129-17, Eff. 7/30/2017. Section amended in its entirety; divisions (b)-(g) deleted; Ord. 202-18, Eff. 9/10/2018.

(Added by Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; repealed by Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

TEMPORARY USES. Any permitted, non-conforming, or conditionally permitted use may be changed to a temporary use without abandoning its original status or authorization as a permitted, non-conforming or conditionally permitted use under Planning Code Article 1.7, provided that such temporary use is permitted and has been authorized as required by any applicable law. (Added by Proposition H, 11/3/2020, Eff. 12/18/2020)

(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; repealed by

Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

STRUCTURES IN RH, RM, AND RTO DISTRICTS. (a) Within a required yard, residential structures that were constructed without the benefit of a permit prior to January 1, 2003, shall be considered Noncomplying Structures and may be altered, relocated, or replaced in-kind with the same dimensions as they existed prior to 2003. Alterations, relocations, and in-kind or smaller replacements may deviate from the original structure’s dimensions only in keeping with the requirements of Section 188(a) of this Code. (b) Nothing in this Section 188.1 shall exempt structures from the Planning Code controls other than those for required yards. (Added by Ord. 146-25, File No. 250284, App. 8/5/2025, Eff. 9/5/2025)

(See Interpretations related to this Section.) (a) Within the limitations of this Article 1.7, and especially Sections 172 and 180 hereof, a substandard lot of record as defined in Section 180 may have a structure constructed, reconstructed, enlarged, altered or relocated upon it, provided such structure meets the applicable requirements of this Code. (Added by Ord. 443-78, App. 10/6/78)

Notwithstanding any other provision of the Code, pursuant to Police Code Section 1060.2.3, any premises for which a Place of Entertainment Permit is required and which has been deemed to be a Continuing Entertainment Operations Establishment by the Entertainment Commission, or its Director as appropriate, may establish a Nighttime Entertainment use, regardless of the zoning permissibility of such uses within the district, by obtaining a building permit and without obtaining a Conditional Use Authorization or being subject to any neighborhood notification requirements. (Added by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)