§ 703.2.

USES PERMITTED IN NEIGHBORHOOD COMMERCIAL DISTRICTS

A use is the specific purpose for which a property or building is used, occupied, maintained, or leased. Whether or not a use is permitted in a specific district is set forth or summarized and cross-referenced in Article 7 of this Code for each district class.

a.

Use Categories. The uses, functions, or activities, which are permitted in each Neighborhood Commercial District class include those listed below by zoning control category and number and cross-referenced to the Code Section containing the definition.



No.

Zoning Control Categories for Uses

Section Number of Use Definition

.24 Outdoor Activity Area § 790.70
.25 Drive-Up Facility § 790.30
.26 Walk-Up Facility § 790.140
.27 Hours of Operation § 790.48
.36 Residential Conversion § 317
.37 Residential Demolition § 317
.38 Residential Division § 207.8
.39 Residential Merger § 317
.40 Other Retail Sales and Services § 790.102
.41 Bar § 790.22
.43 Limited-Restaurant § 790.90
.44 Restaurant § 790.91
.45 Liquor Store § 790.55
.46 Movie Theater § 790.64
.47 Adult Entertainment § 790.36
.48 Other Entertainment § 790.38
.49 Financial Service § 790.110
.50 Limited Financial Service § 790.112
.51 Medical Service § 790.114
.52 Personal Service § 790.116
.53 Business or Professional Service § 790.108
.54 Massage Establishment § 790.60
.55 Tourist Hotel § 790.46
.56 Automobile Parking § 790.8
.57 Automotive Gas Station § 790.14
.58 Automotive Service Station § 790.17
.59 Automotive Repair § 790.15
.60 Automotive Wash § 790.18
.61 Automobile Sale or Rental § 790.12
.62 Animal Hospital § 790.6
.63 Ambulance Service § 790.2
.64 Mortuary § 790.62
.65 Trade Shop § 790.124
.66 Storage § 790.117
.68 Fringe Financial Service § 790.111
.69 Tobacco Paraphernalia Establishment § 790.123
.69B Amusement Game Arcade (Mechanical Amusement Devices) § 790.4
.69C Neighborhood Agriculture § 102.35(a)
.69D Large-Scale Urban Agriculture § 102.35(b)
.70 Administrative Service § 790.106
.80 Hospital or Medical Center § 790.44
.81 Other Institutions, Large § 790.50
.82 Other Institutions, Small § 790.51
.83 Public Use § 790.80
.84 Medical Cannabis Dispensary § 790.141
.85 Service, Philanthropic Administrative § 790.107
.90 Residential Use § 790.88
.95 Community Residential Parking § 790.10

b.

Use Limitations. The uses permitted in Neighborhood Commercial Districts are either principal, conditional, accessory, or temporary uses as stated in this Section, and include those uses set forth or summarized and cross-referenced in the zoning control categories as listed in this Code for each district class.

1.

Permitted Uses. All permitted uses shall be conducted within an enclosed building in Neighborhood Commercial Districts, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: uses which, when located outside of a building, qualify as an outdoor activity area, as defined in Section 790.70 of this Code; accessory off-street parking and loading and other uses listed below which function primarily as open-air uses, or which may be appropriate if located on an open lot, outside a building, or within a partially enclosed building, subject to other limitations of this Article 7 and other sections of this Code.



No.

Zoning Control Category

.56 Automobile Parking
.57 Automotive Gas Station
.58 Automotive Service Station
.60 Automotive Wash
.61 Automobile Sale or Rental
.81 Other Institutions, Large (selected)
.83 Public Use (selected)
.95 Community Residential Parking

If there are two or more uses in a structure and none is classified below under Section 703.2(b)(1)(C) of this Code as accessory, then each of these uses will be considered separately as independent principal, conditional or temporary uses.

A.

Principal Uses. Principal uses are permitted as of right in a Neighborhood Commercial District, when so indicated in this Code for each district class.

B.

Conditional Uses. Conditional uses are permitted in a Neighborhood Commercial District when authorized by the Planning Commission; whether a use is conditional in a given district is indicated in this Code. Conditional uses are subject to the provisions set forth in Sections 178, 179, 303, and 316 through 316.6 of this Code.

i.

An establishment which sells beer or wine with motor vehicle fuel is a conditional use, and shall be governed by Section 229.

ii.

Notwithstanding any other provision of this Article, a change in use or demolition of a movie theater use, as set forth in Section 790.64, shall require conditional use authorization. This Subsection 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 store use, as defined in Section 790.102(a), which use exceeds 5,000 gross square feet shall require conditional use authorization. This Subsection shall not authorize a change in use if the new use or uses are otherwise prohibited.

iv.

Large-Scale Urban Agriculture, as defined in Section 102.35(b), shall require conditional use authorization.

C.

Accessory Uses. Except as prohibited in Section 728 and subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in R and NC Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, a related minor use which is either necessary to the operation or enjoyment of a lawful principal use or conditional use, or is appropriate, incidental and subordinate to any such use, shall be permitted as an accessory use when located on the same lot. Any use which does not qualify as an accessory use shall be classified as a principal or conditional use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.

No use will be considered accessory to a permitted principal or conditional use which involves or requires any of the following:

i.

The use of more than 1/3 of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading and accessory wholesaling, manufacturing or processing of foods, goods, or commodities;

ii.

Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site;

iii.

Any Take-Out Food use, as defined in Section 790.122, except for a Take-Out Food use which occupies 1/3 of the total floor area or up to 500 s/f whichever is more restrictive in a general grocery or specialty grocery store. This Take-Out Food use includes the area devoted to food preparation and service and excludes storage and waiting areas;

iv.

Any Take-Out Food use, as defined in Section 790.122, except for a Take-Out Food use operating as a minor and incidental use within a Restaurant or Limited-Restaurant use;

v.

The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also use or provide for retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place.

vi.

Any retail liquor sales, as defined in Section 790.55, except for beer, wine, and/or liquor sales for the consumption off the premises with a State of California Alcoholic Beverage Control (“ABC”) Board License type 20 (off-sale beer and wine) or type 21 (off-sale general) which occupy less that 15% of the gross square footage of the establishment (including all areas devoted to the display and sale of alcoholic beverages) in a general grocery store or specialty grocery store, or Limited-Restaurant use (ABC license type 20 only).

vii.

Medical Cannabis Dispensaries as defined in 790.141.

The foregoing rules shall not prohibit take-out food activity which operates in conjunction with a Limited-Restaurant or a Restaurant. A Limited-Restaurant or a Restaurant, by definition, includes take-out food as an accessory and necessary part of its operation.

(viii) Any other entertainment use, as defined in Section 790.38, except for one that both (1) involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq. and (2) is located outside of the RCD.

D.

Temporary Uses. Temporary uses are permitted uses, subject to the provisions set forth in Section 205 of this Code.

2.

Not Permitted Uses.

A.

Uses which are not specifically listed in this Article are not permitted unless they qualify as a nonconforming use pursuant to Sections 180 through 186.1 of this Code or are determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code.

B.

No use, even though listed as a permitted use, shall be permitted in a Neighborhood Commercial 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.

C.

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 229. Except in the SoMa NCT, where these uses are permitted accessory uses.

AMENDMENT HISTORY

History

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 420-97, App. 11/7/97; Ord. 384-98, App. 12/24/98; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; 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. 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. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 83-13 , File No. 120901, App. 5/15/2013, Eff. 6/14/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014)

Division (a) use categories .69C and .69D, division (b)(1)(B)(iv) added; Ord. 66-11 , Eff. 5/20/2011. Division (a) use categories .69, .69B, and .85 added; division (b)(1)(C)(iii) amended; division (b)(1)(C)(vii) added; Ord. 140-11, Eff. 8/4/2011. Division (b)(1)(C)(ii) amended; division (b)(1)(C)(viii) added; Ord. 172-11 , Eff. 10/12/2011. Division (a) use categories .43 and .44 amended, former categories .42, .67, and .69A deleted; divisions (b)(1)(C)(i), (b)(1)(C)(iv) through (vi), and undesignated paragraph following division (b)(1)(C)(vii) amended; various section reference and stylistic corrections made throughout; Ord. 75-12 , Eff. 5/23/2012. Divisions (b), (b)(1)(A), (b)(1)(B), (b)(1)(C)(vi), and (b)(1)(C)(viii) amended; Ord. 42-13 , Eff. 4/27/2013. Undesignated introductory material and divisions (b), (b)(1)(A), (b)(1)(B), and (b)(1)(C)(vi) amended; designation of division (b)(1)(C)(viii) corrected; Ord. 56-13 , Eff. 4/27/2013. Division (b)(1)(C)(v) amended; Ord. 83-13 , Eff. 6/14/2013. Division (a) former use categories .38 and .39 redesignated as .36 and .37; new use categories .38 and .39 added; Ord. 287-13 , Eff. 1/25/2014.

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