§ 803.2.

USES PERMITTED IN CHINATOWN MIXED USE 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 Chinatown Mixed Use District is set forth, summarized or cross-referenced in Sections 810.1 through 812.96 of this Code for each district class.

a.

Use Categories. The uses, functions, or activities, which are permitted in each Chinatown Mixed Use District class include those listed in Table 803.2 below by zoning control category and numbered and cross-referenced to the Code Section containing the definition.

TABLE 803.2 USE CATEGORIES PERMITTED IN THECHINATOWN MIXED USE DISTRICTS



No. Zoning Control Categories for Uses Section Number of Use Definition
803.2.24 Outdoor Activity Area § 890.71
803.2.25 Drive-Up Facility § 890.30
803.2.26 Walk-Up Facility § 890.140
803.2.27 Hours of Operation § 890.48
803.2.38a Residential Conversion, Residential Hotels Chapter 41, Admin. Code
803.2.38b Residential Demolition, Residential Hotels Chapter 41, Admin. Code
803.2.39a Residential Conversion § 317
803.2.39b Residential Demolition § 317
803.2.40a Other Retail Sales and Services § 890.102
803.2.40b Gift Store – Tourist-Oriented § 890.39
803.2.40c Jewelry § 890.51
803.2.41 Bar § 790.22
803.2.43 Limited-Restaurant § 790.90
803.2.44 Restaurant § 790.91
803.2.46 Movie Theater § 890.64
803.2.47 Adult Entertainment § 890.36
803.2.48 Other Entertainment § 890.37
803.2.49 Financial Service § 890.110
803.2.50 Limited Financial Service § 890.112
803.2.51 Medical Service § 890.114
803.2.52 Personal Service § 890.116
803.2.53 Professional Service § 890.108
803.2.54 Massage Establishment § 890.60
803.2.55 Tourist Hotel § 890.46
803.2.56 Automobile Parking Lot, Community Commercial § 890.9
803.2.57 Automobile Parking Garage, Community Commercial § 890.10
803.2.58 Automobile Parking Lot, Public § 890.11
803.2.59 Automobile Parking Garage, Public § 890.12
803.2.60 Automotive Gas Station § 890.14
803.2.61 Automotive Service Station § 890.18
803.2.62 Automotive Repair § 890.15
803.2.63 Automotive Wash § 890.20
803.2.64 Automobile Sale or Rental § 890.13
803.2.65 Animal Hospital § 890.6
803.2.66 Ambulance Service § 890.2
803.2.67 Mortuary § 890.62
803.2.68 Trade Shop § 890.124
803.2.70 Administrative Service § 890.106
803.2.71 Light Manufacturing, Wholesale Sales or Storage § 890.54
803.2.72 Fringe Financial Service § 890.113
803.2.73 Business Services § 890.111
803.2.74A Neighborhood Agriculture § 102.35(a)
803.2.74B Large-Scale Urban Agriculture § 102.35(b)
803.2.80 Hospital or Medical Center § 890.44
803.2.81 Other Institutions § 890.50
803.2.82 Public Use § 890.80
803.2.90 Residential Use § 890.88
803.2.95 Automobile Parking Lot, Community Residential § 890.7
803.2.96 Automobile Parking Garage, Community Residential § 890.8
803.2.97 Tobacco Paraphernalia Establishments § 890.123

b.

Use Limitations. Uses in Chinatown Mixed Use Districts are either permitted, conditional, accessory, temporary, or are not permitted.

1.

Permitted Uses. All 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, as defined in Section 890.71 of this Code; as Neighborhood Agriculture, as defined in Section 102.35; and uses which by their nature are to be conducted in an open lot or outside a building, as described in Sections 890 through 890.140 of this Code. If there are two or more uses in a structure and none is classified under Section 803.2(b)(1)(C) of this Code as accessory, then each of these uses 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 a Chinatown Mixed Use District, when so indicated in Sections 810.1 through 812.96 of this Code for each district class.

B.

Conditional Uses. Conditional uses are permitted in a Chinatown Mixed Use District when authorized by the Planning Commission; whether a use is conditional in a given district is indicated in Sections 810 through 812. Conditional uses are subject to the provisions set forth in Section 303 of this Code. In the case of formula retail uses, the provisions of Planning Code Section 303(i) shall apply.

i.

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

ii.

Any use or feature which lawfully existed and was permitted as a principal or conditional use on the effective date of these controls which is not otherwise nonconforming or noncomplying as defined in Section 180 of this Code, and which use or feature is not permitted under this Article is deemed to be a permitted conditional use subject to the provisions of this Code.

iii.

Notwithstanding any other provision of this Article, a change in use or demolition of a movie theater use, as set forth in Section 890.64, shall require conditional use authorization. This Subsection shall not authorize a change in use if the new use or uses are otherwise prohibited.

iv.

Notwithstanding any other provision of this Article, a change in use or demolition of a general grocery store use, as set forth in Section 890.102(a) and as further 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.

v.

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) – (13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten 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.

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

C.

Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in R Districts) 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 in Chinatown Mixed Use Districts as an accessory use 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 205.2 of this Code.

No use in a Chinatown Mixed Use District will be considered accessory to a principal use which involves or requires any of the following:

i.

The use of more than 1/3 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;

ii.

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

iii.

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;

iv.

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.

v.

Medical Cannabis Dispensaries as defined in 890.133.

(vi) Any other entertainment use, as defined in Section 890.37, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq.

No part of this subsection (C) shall prohibit take-out food activity which operates in conjunction with a fast-food restaurant. A fast-food restaurant, by definition, includes take-out food as an accessory and necessary part of its operation.

D.

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.

2.

Not Permitted Uses.

A.

Uses which are not listed in this Article 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.

B.

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.

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.

D.

No off-street parking garage installations or new curb cuts are permitted on the alleyways in the Chinatown Mixed-Use Districts.

AMENDMENT HISTORY

History

(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)

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) through (4) redesignated as (b)(1)(B)(v)a. through 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.

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