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Article 1.7 — COMPLIANCE›SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS.

SEC. 186.2. EXCEPTIONS FOR PRE-EXISTING STRUCTURES IN NEIGHBORHOOD COMMERCIAL DISTRICTS…

San Francisco Planning Code · 2025 edition · updated 2026-07-25 · San Francisco

(See Interpretations related to this Section.)

This section is intended to provide for the re-use of (1) multi-story buildings, or (2) buildings with either a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed prior to the effective date of this provision (Ordinance No. 445-87) for single-tenant occupancy, by uses which are otherwise not permitted on upper stories pursuant to Article 7 of this Code.

(a) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for singletenant occupancy, a use which is permitted as a principal or conditional use at the first story and below may also locate in the upper stories of the building as a nonconforming use as provided in Section 186.1(b) above, if the use occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.

(b) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for singletenant occupancy, an existing first-story nonconforming use may expand above the story which it lawfully occupies as provided in Section 186.1(b) above only if the expanded area is occupied by the same tenant operating the nonconforming use which occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.

(c) Except as provided in this Section or by subsequent changes to the provisions of this Code, new nonconforming uses shall not be established in Neighborhood Commercial Districts.

(Added by Ord. 445-87, App. 11/12/87)

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▸ Contents — San Francisco Planning Code
San Francisco Planning Code
  1. Article 1 — GENERAL ZONING PROVISIONS
  2. Article 1.2 — DIMENSIONS, AREAS, AND OPEN SPACES
  3. Article 1.5 — TRANSPORTATION, OFF-STREET PARKING, AND LOADING
  4. ▸ Article 1.7 — COMPLIANCE
    Overview
    1. SEC. 175. APPROVAL OF PERMITS OR DEVELOPMENT APPLICATIONS.
    2. SEC. 176. ENFORCEMENT AGAINST VIOLATIONS.
    3. SEC. 179. USES LOCATED IN NEIGHBORHOOD COMMERCIAL DISTRICTS.
    4. SEC. 183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT.
    5. ▸ SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCO…
      Overview
      1. SEC. 186.1. EXEMPTION OF NONCONFORMING USES IN NEIGHBORHOOD CO…
      2. SEC. 186.2. EXCEPTIONS FOR PRE-EXISTING STRUCTURES IN NEIGHBOR…
      3. SEC. 186.3. NON-RESIDENTIAL USES IN LANDMARK BUILDINGS IN RH, …
    6. SEC. 187. AUDIT PROPERTIES; AMNESTY PROGRAM.
    7. SEC. 188.1. NONCOMPLYING STRUCTURE STATUS FOR CERTAIN PRE-EXIS…
  5. Article 2 — USE DISTRICTS
  6. Article 2.5 — HEIGHT AND BULK DISTRICTS
  7. Article 3 — ZONING PROCEDURES
  8. Article 3.5 — FEES
  9. Article 4 — DEVELOPMENT IMPACT FEES AND PROJECT REQUIREMENTS T…
  10. Article 5 — [RESERVED] ARTICLE 6: SIGNS
  11. Article 7 — NEIGHBORHOOD COMMERCIAL DISTRICTS
  12. Article 8 — MIXED USE DISTRICTS
  13. Article 9 — MISSION BAY DISTRICTS
  14. Part I — SCOPE, PURPOSE AND RELATIONSHIPS
  15. Part II — USES
  16. Part III — DENSITY
  17. Part IV — HEIGHT
  18. Part V — BUILDING FORM
  19. Part VI — OPEN AREAS
  20. Part VII — PARKING
  21. Part VIII — SIGNS
  22. Part X — OFFICE SPACE LIMITATION
  23. Part XI — HISTORIC PRESERVATION
  24. Part XII — RULES FOR NONCONFORMING USES AND NONCOMPLYING STRUC…
  25. Part XIII — COMPLIANCE, PERMIT APPROVAL AND ENFORCEMENT
  26. Part XIV — FEES
  27. Part XV — DEFINITIONS
  28. Part XVI — SEVERABILITY

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