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ARTICLE 1: GENERAL ZONING PROVISIONS


Sec. 101. Purposes.

Sec. 101.1. Master Plan Consistency and Implementation.

Sec. 102. Definitions.

Sec. 102.1. Alley.

Sec. 102.2. Arts Activities and Spaces.

Sec. 102.3. Building.

Sec. 102.4. Court.

Sec. 102.5. District.

Sec. 102.6. Dwelling.

Sec. 102.7. Dwelling Unit.

Sec. 102.8. Family.

Sec. 102.9. Floor Area, Gross.

Sec. 102.10. Floor Area, Occupied.

Sec. 102.11. Floor Area Ratio.

Sec. 102.12. Height (Of a Building or Structure).

Sec. 102.13. Live/Work Unit.

Sec. 102.14. Lot.

Sec. 102.15. Lot, Corner.

Sec. 102.16. Lot, Interior.

Sec. 102.17. Nighttime Entertainment Uses.

Sec. 102.18. One Ownership.

Sec. 102.19. Open Space, Required.

Sec. 102.20. Open Use.

Sec. 102.21. Plan Dimensions.

Sec. 102.22. Principal Facades.

Sec. 102.23. Story.

Sec. 102.24. Story, Ground.

Sec. 102.25. Street.

Sec. 102.26. Structure.

Sec. 102.27. Structural Alterations.

Sec. 102.28. Use.

Sec. 105. Zoning Map.

Sec. 106. Zoning Map Incorporated Herein.

Sec. 108. New Names.

Sec. 109. Severability.

SEC. 101. PURPOSES.

This City Planning Code is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare, and for the following more particularly specified purposes:

(a) To guide, control and regulate future growth and development in accordance with the Master Plan of the City and County of San Francisco;

(b) To protect the character and stability of residential, commercial and industrial areas within the City, and to promote the orderly and beneficial development of such areas;

(c) To provide adequate light, air, privacy and convenience of access to property, and to secure safety from fire and other dangers;

(d) To prevent overcrowding the land and undue congestion of population;

(e) To regulate the location of buildings and the use of buildings and land adjacent to streets and thoroughfares, in such manner as to obviate the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares.

(Amended by Ord. 443-78, App. 10/6/78)

SEC. 101.1. MASTER PLAN CONSISTENCY AND IMPLEMENTATION.

(a) The Master Plan shall be an integrated, internally consistent and compatible statement of policies for San Francisco. To fulfill this requirement, after extensive public participation and hearings, the City Planning Commission shall in one action amend the Master Plan by January 1, 1988.

(b) The following Priority Policies are hereby established. They shall be included in the preamble to the Master Plan and shall be the basis upon which inconsistencies in the Master Plan are resolved:

(1) That existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses enhanced;

(2) That existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods;

(3) That the City's supply of affordable housing be preserved and enhanced;

(4) That commuter traffic not impede Muni transit service or overburden our streets or neighborhood parking;

(5) That a diverse economic base be maintained by protecting our industrial and service sectors from displacement due to commercial office development, and that future opportunities for resident employment and ownership in these sectors be enhanced;

(6) That the City achieve the greatest possible preparedness to protect against injury and loss of life in an earthquake;

(7) That landmarks and historic buildings be preserved; and,

(8) That our parks and open space and their access to sunlight and vistas be protected from development.

(c) The City may not adopt any zoning ordinance or development agreement authorized pursuant to Government Code Section 65865 after November 4, 1986, unless prior to that adoption it has specifically found that the ordinance or development agreement is consistent with the Priority Policies established above.

(d) The City may not adopt any zoning ordinance or development agreement authorized pursuant to Government Code Section 65865 after January 1, 1988, unless prior to that adoption it has specifically found that the ordinance or development agreement is consistent with the City's Master Plan.

(e) Prior to issuing a permit for any project or adopting any legislation which requires an initial study under the California Environmental Quality Act, and prior to issuing a permit for any demolition, conversion or change of use, and prior to taking any action which requires a finding of consistency with the Master Plan, the City shall find that the proposed project or legislation is consistent with the Priority Policies established above. For any such permit issued or legislation adopted after January 1, 1988 the City shall also find that the project is consistent with the City's Master Plan.

(Added by Proposition M, 11/4/86)

SEC. 102. DEFINITIONS.

For the purposes of this Code, certain words and terms used herein are defined as set forth in this and the following sections. Additional definitions applicable to Article 7, Neighborhood Commercial Districts, and to Article 9, Mission Bay Districts, are set forth in Section 790. Additional definitions applicable only to Article 8, Mixed Use Districts, are set forth in Section 890. Additional definitions applicable only to the Bernal Heights Special Use District are set forth in Section 242. Additional definitions applicable only to Article 9, Mission Bay Districts, are set forth in Section 996. All words used in the present tense shall include the future. All words in the plural number shall include the singular number and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory. Whenever any of the following terms is used it shall mean the corresponding officer, department, board or commission of the City and County of San Francisco, State of California, herein referred to as the City: Assessor, Board of Supervisors, Department of City Planning, Department of Public Works, Director of Planning, City Planning Commission, Zoning Administrator. In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as a representative or agent of that officer or department.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 32-91, App. 1/25/91; Ord. 63-91, App. 2/27/91)

SEC. 102.1. ALLEY.

A right-of-way, less than 30 feet in width, permanently dedicated to common and general use by the public.

(Amended by Ord. 443-78, App. 10/6/78)

SEC. 102.2. ARTS ACTIVITIES AND SPACES.

Arts activities shall include performance, exhibition (except exhibition of films), rehearsal, production, post-production and some schools of any of the following: Dance, music, dramatic art, film, video, graphic art, painting, drawing, sculpture, small-scale glass works, ceramics, textiles, woodworking, photography, custom-made jewelry or apparel, and other visual, performance and sound arts and craft. It shall exclude accredited schools and accredited post-secondary educational institutions as defined by 209.3(i), 217(h), 790.50(c) and 890.50(c). It shall include commercial arts and art-related business service uses including, but not limited to recording and editing services, small-scale film and video developing and printing; titling; video and film libraries; special effects production; fashion and photo stylists; production, sale and rental of theatrical wardrobes; and studio property production and rental companies. Arts spaces shall include studios, workshops, galleries, museums, archives and theaters, and other similar spaces customarily used principally for arts activities, exclusive of theaters subject to Section 221(d), dance halls subject to Section 221(f), adult entertainment subject to Section 221(k) of this Code, and any other establishment where liquor is customarily served during performances.

(Added by Ord. 412-88, App. 9/10/88; Ord. 36-08, File No. 080157, App. 3/17/2008)

SEC. 102.3. BUILDING.

Any structure having a roof supported by columns or walls.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.4. COURT.

Any space on a lot other than a yard which, from a point not more than two feet above the floor line of the lowest story in the building on the lot in which there are windows from rooms abutting and served by the court, is open and unobstructed to the sky, except for obstructions permitted by this Code. An "outer court" is a court, one entire side or end of which is bounded by a front setback, a rear yard, a side yard, a front lot line, a street, or an alley. An "inner court" is any court which is not an outer court.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.5. DISTRICT.

A portion of the territory of the City, as shown on the Zoning Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of this Code. The term "district" shall include any use, special use, height and bulk, or special sign district. The term "R District" shall mean any RH-1(D), RH-1, RH-1(S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4, RTO, RC-1, RC-2, RC-3, RC-4 or RED District. The term "C District" shall mean any C-1, C-2, C-3, or C-M District. The term "M District" shall mean any M-1 or M-2 District. The term "RH District" shall mean any RH-1(D), RH-1, RH-1(S), RH-2, or RH-3 District. The term "RM District" shall mean any RM-1, RM-2, RM-3, or RM-4 District. The term "RC District" shall mean any RC-1, RC-2, RC-3, or RC-4 District. The term "C-3 District" shall mean any C-3-O, C-3-R, C-3-G, or C-3-S District. For the purposes of Section 128 and Article 11 of this Code, the term "C-3 District" shall also include the Extended Preservation District designated on Section Map 3SU of the Zoning Map. The term "NC District" shall mean any NC-1, NC-2, NC-3, NCT-3, NC-S, and any Neighborhood Commercial District and Neighborhood Commercial Transit District identified by street or area name in Section 702.1. The term "NCT" shall mean any district listed in Section 702.1(b), including any NCT-3 and any Neighborhood Commercial Transit District identified by street or area name. The term "Mixed Use District" shall mean any Chinatown CB, Chinatown VR, Chinatown R/NC, or South of Market RSD, SPD, SLR, SLI or SSO District named in Section 802.1. The term "South of Market Districts" shall refer to all RED, RSD, SPD, SLR, SLI or SSO Districts contained entirely within the area designated as the South of Market Base District shown on Sectional Map 3SU of the Zoning Map.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 72-08, File No. 071157, App. 4/3/2008)

SEC. 102.6. DWELLING.

A building, or portion thereof, containing one or more dwelling units. A "one-family dwelling" is a building containing exclusively a single dwelling unit. A "two-family dwelling" is a building containing exclusively two dwelling units. A "three-family dwelling" is a building containing exclusively three dwelling units.

(Amended Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.7. DWELLING UNIT.

A room or suite of two or more rooms that is designed for, or is occupied by, one family doing its own cooking therein and having only one kitchen. A housekeeping room as defined in the Housing Code shall be a dwelling unit for purposes of this Code. For the purposes of this Code, a live/work unit, as defined in Section 102.13 of this Code, shall not be considered a dwelling unit.

(Amended Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.8. FAMILY.

A single and separate living unit, consisting of either:

(a) One person, or two or more persons related by blood, marriage or adoption or by legal guardianship pursuant to court order; plus necessary domestic servants and not more than three roomers or boarders; or

(b) A group of not more than five persons unrelated by blood, marriage or adoption or such legal guardianship.

A group occupying group housing, or a hotel, motel or any other building or portion thereof other than a dwelling, shall not be deemed to be a family.

(Amended Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.9. FLOOR AREA, GROSS.

In districts other than C-3, the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. Where columns are outside and separated from an exterior wall (curtain wall) which encloses the building space or are otherwise so arranged that the curtain wall is clearly separate from the structural members, the exterior face of the curtain wall shall be the line of measurement, and the area of the columns themselves at each floor shall also be counted.

In C-3 Districts and the Van Ness Special Use District, the sum of the gross areas of the several floors of a building or buildings, measured along the glass line at windows at a height of four feet above the finished floor and along a projected straight line parallel to the overall building wall plane connecting the ends of individual windows; provided, however, that such line shall not be inward of the interior face of the wall.

(a) Except as specifically excluded in this definition, "gross floor area" shall include, although not be limited to, the following:

(1) Basement and cellar space, including tenants' storage areas and all other space except that used only for storage or services necessary to the operation or maintenance of the building itself;

(2) Elevator shafts, stairwells, exit enclosures and smokeproof enclosures, at each floor;

(3) Floor space in penthouses except as specifically excluded in this definition;

(4) Attic space (whether or not a floor has been laid) capable of being made into habitable space;

(5) Floor space in balconies or mezzanines in the interior of the building;

(6) Floor space in open or roofed porches, arcades or exterior balconies, if such porch, arcade or balcony is located above the ground floor or first floor of occupancy above basement or garage and is used as the primary access to the interior space it serves;

(7) Floor space in accessory buildings, except for floor spaces used for accessory off-street parking or loading spaces as described in Section 204.5 of this Code, and driveways and maneuvering areas incidental thereto; and

(8) Any other floor space not specifically excluded in this definition.

(b) "Gross floor area" shall not include the following:

(1) Basement and cellar space used only for storage or services necessary to the operation or maintenance of the building itself;

(2) Attic space not capable of being made into habitable space;

(3) Elevator or stair penthouses, accessory water tanks or cooling towers, and other mechanical equipment, appurtenances and areas necessary to the operation or maintenance of the building itself, if located at the top of the building or separated therefrom only by other space not included in the gross floor area;

(4) Mechanical equipment, appurtenances and areas, necessary to the operation or maintenance of the building itself (i) if located at an intermediate story of the building and forming a complete floor level; or (ii) in C-3 Districts, if located on a number of intermediate stories occupying less than a full floor level, provided that the mechanical equipment, appurtenances and areas are permanently separated from occupied floor areas and in aggregate area do not exceed the area of an average floor as determined by the Zoning Administrator;

(5) Outside stairs to the first floor of occupancy at the face of the building which the stairs serve, or fire escapes;

(6) Floor space used for accessory off-street parking and loading spaces as described in Section 204.5 of this Code and up to a maximum of one hundred fifty percent (150%) of the off-street accessory parking permitted by right in Section 151.1 of this Code for C-3 Districts, and driveways and maneuvering areas incidental thereto;

(7) Arcades, plazas, walkways, porches, breezeways, porticos and similar features (whether roofed or not), at or near street level, accessible to the general public and not substantially enclosed by exterior walls; and accessways to public transit lines, if open for use by the general public; all exclusive of areas devoted to sales, service, display, and other activities other than movement of persons;

(8) Balconies, porches, roof decks, terraces, courts and similar features, except those used for primary access as described in Paragraph (a)(6) above, provided that:

(A) If more than 70 percent of the perimeter of such an area is enclosed, either by building walls (exclusive of a railing or parapet not more than three feet eight inches high) or by such walls and interior lot lines, and the clear space is less than 15 feet in either dimension, the area shall not be excluded from gross floor area unless it is fully open to the sky (except for roof eaves, cornices or belt courses which project not more than two feet from the face of the building wall).

(B) If more than 70 percent of the perimeter of such an area is enclosed, either by building walls (exclusive of a railing or parapet not more than three feet eight inches high), or by such walls and interior lot lines, and the clear space is 15 feet or more in both dimensions, (1) the area shall be excluded from gross floor area if it is fully open to the sky (except for roof eaves, cornices or belt courses which project no more than two feet from the face of the building wall), and (2) the area may have roofed areas along its perimeter which are also excluded from gross floor area if the minimum clear open space between any such roof and the opposite wall or roof (whichever is closer) is maintained at 15 feet (with the above exceptions) and the roofed area does not exceed 10 feet in depth; (3) in addition, when the clear open area exceeds 625 square feet, a canopy, gazebo, or similar roofed structure without walls may cover up to 10 percent of such open space without being counted as gross floor area.

(C) If, however, 70 percent or less of the perimeter of such an area is enclosed by building walls (exclusive of a railing or parapet not more than three feet eight inches high) or by such walls and interior lot lines, and the open side or sides face on a yard, street or court whose dimensions satisfy the requirements of this Code and all other applicable codes for instances in which required windows face upon such yard, street or court, the area may be roofed to the extent permitted by such codes in instances in which required windows are involved;

(9) On lower, nonresidential floors, elevator shafts and other life-support systems serving exclusively the residential uses on the upper floors of a building;

(10) One-third of that portion of a window bay conforming to the requirements of Section 136(d)(2) which extends beyond the plane formed by the face of the facade on either side of the bay but not to exceed seven square feet per bay window as measured at each floor;

(11) Ground floor area in the C-3-0, C-3-O(SD), C-3-S, C-3-S(SU) and C-3-G Districts devoted to building or pedestrian circulation and building service;

(12) In the C-3-0, C-3-O(SD), C-3-S, C-3-S(SU) and C-3-G Districts, space devoted to personal services, restaurants, and retail sales of goods intended to meet the convenience shopping and service needs of downtown workers and residents, not to exceed 5,000 occupied square feet per use and, in total, not to exceed 75 percent of the area of the ground floor of the building plus the ground level, on-site open space. Said uses shall be located on the ground floor, except that, in order to facilitate the creation of more spacious ground floor interior spaces, a portion of the said uses, in an amount to be determined pursuant to the provisions of Section 309, may be located on a mezzanine level;

(13) An interior space provided as an open space feature in accordance with the requirements of Section 138;

(14) Floor area in C-3, RED, RSD, SPD, SLR, SLI, and SSO Districts devoted to child care facilities provided that:

(A) Allowable indoor space is no more or no less than 3,000 square feet and no more than 6,000 square feet, and

(B) The facilities are made available rent free, and

(C) Adequate outdoor space is provided adjacent, or easily accessible, to the facility. Spaces such as atriums, rooftops or public parks may be used if they meet licensing requirements for child care facilities, and

(D) The space is used for child care for the life of the building as long as there is a demonstrated need. No change in use shall occur without a finding by the City Planning Commission that there is a lack of need for child care and that the space will be used for a facility described in Subsection 15 below dealing with cultural, educational, recreational, religious, or social service facilities;

(15) Floor area in C-3, RED, RSD, SPD, SLR, SLI, and SSO Districts permanently devoted to cultural, educational, recreational, religious or social service facilities available to the general public at no cost or at a fee covering actual operating expenses, provided that such facilities are:

(A) Owned and operated by a nonprofit corporation or institution, or

(B) Are made available rent free for occupancy only by nonprofit corporations or institutions for such functions. Building area subject to this subsection shall be counted as occupied floor area, except as provided in Subsections 102.10(a) through (f) of this Code, for the purpose of calculating the off-street parking and freight loading requirements for the project;

(16) In C-3 Districts, floor space used for short-term parking and aisles incidental thereto when required pursuant to Section 309 in order to replace short-term parking spaces displaced by the building or buildings;

(17) Floor space in mezzanine areas within live/work units where the mezzanine satisfies all applicable requirements of the San Francisco Building Code;

(18) Floor space suitable primarily for and devoted exclusively to exhibitions or performances by live/work tenants within the structure or lot, provided that such facilities will be available rent-free to live/work tenants within the property for the life of the structure; and

(19) In South of Market RED, RSD, SPD, SLR, SLI and SSO Districts, live/work units and any occupied floor area devoted to mechanical equipment or appurtenances or other floor area accessory to live/work use provided that:

(A) The nonresidential use within each live/work unit shall be limited to uses which are principal permitted uses in the district or otherwise are conditional uses in the district and are approved as a conditional use,

(B) The density, enforcement, open space, parking and freight loading and other standards specified in Sections 124(j), 135.2, 151 and 152.1 shall be satisfied, along with all other applicable provisions of this Code, and

(C) For the purpose of calculating the off-street parking and freight loading requirement for the project, building area subject to this subsection shall be counted as occupied floor area, except as provided in Subsections 102.10(a) through (f) of this Code.

(Amended Ord. 414-85, App. 9/17/85; Ord. 537-88, App. 12/16/88; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 275-03, File No. 021577, App. 12/10/2003; Ord. 129-06, File No, 060372, App. 6/22/2006)

SEC. 102.10. FLOOR AREA, OCCUPIED.

Floor area devoted to, or capable of being devoted to, a principal or conditional use and its accessory uses. For purposes of computation, "occupied floor area" shall consist of the gross floor area, as defined in this Code, minus the following:

(a) Nonaccessory parking and loading spaces and driveways, and maneuvering areas incidental thereto;

(b) Exterior walls of the building;

(c) Mechanical equipment, appurtenances and areas, necessary to the operation or maintenance of the building itself, wherever located in the building;

(d) Restrooms, and space for storage and services necessary to the operation and maintenance of the building itself, wherever located in the building;

(e) Space in a retail store for store management, show windows and dressing rooms, and for incidental repairs, processing, packaging and stockroom storage of merchandise for sale on the premises; and

(f) Incidental storage space for the convenience of tenants.

(Amended Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.11. FLOOR AREA RATIO.

The ratio of the gross floor area of all the buildings on a lot to the area of the lot. In cases in which portions of the gross floor area of a building project horizontally beyond the lot lines, all such projecting gross floor area shall also be included in determining the floor area ratio.

If the height per story of a building, when all the stories are added together, exceeds an average of 15 feet, then additional gross floor area shall be counted in determining the floor area ratio of the building, equal to the gross floor area of one additional story for each 15 feet or fraction thereof by which the total building height exceeds the number of stories times 15 feet; except that such additional gross floor area shall not be counted in the case of live/work units or a church, theater or other place of public assembly.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.12. HEIGHT (OF A BUILDING OR STRUCTURE).

The vertical distance by which a building or structure rises above a certain point of measurement, which point shall be taken as indicated herein. For this purpose, the term "building" shall be deemed to include the term "structure."

(a) In the case of either (b) or (c) below, such point shall be taken at the centerline of the building or, where the building steps laterally in relation to a street that is the basis for height measurement, separate points shall be taken at the centerline of each building step.

(b) Where the lot is level with or slopes downward from a street at the centerline of the building or building step, such point shall be taken at curb level on such a street. This point shall be used for height measurement only for a lot depth not extending beyond a line 100 feet from and parallel to such street, or beyond a line equidistant between such street and the street on the opposite side of the block, whichever depth is greater. Measurement of height for any portion of the lot extending beyond such line shall be considered in relation to the opposite (lower) end of the lot, and that portion shall be considered an upward sloping lot in accordance with Subsection (c) below, whether or not the lot also has frontage on a lower street.

(c) Where the lot slopes upward from a street at the centerline of the building or building step, such point shall be taken at curb level for purposes of measuring the height of the closest part of the building within 10 feet of the property line of such street; at every other cross-section of the building, at right angles to the centerline of the building or building step, such point shall be taken as the average of the ground elevations at either side of the building or building step at that cross-section. The ground elevations used shall be either existing elevations or the elevations resulting from new grading operations encompassing an entire block. Elevations beneath the building shall be taken by projecting a straight line between ground elevations at the exterior walls at either side of the entire building in the same plane.

(d) Where the lot has frontage on two or more streets, the owner may choose the street or streets from which the measurement of height is to be taken, within the scope of the rules stated above.

Where the height limits for buildings and structures are established by this Code, the upper points to be taken for measurement of height shall be as prescribed in the provisions relating to such height limits.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88)

SEC. 102.13. LIVE/WORK UNIT.

A live/work unit is a structure or portion of a structure combining a residential living space for a group of persons including not more than four adults in the same unit with an integrated work space principally used by one or more of the residents of that unit; provided, however, that no otherwise qualifying portion of a structure which contains a Group A occupancy under the San Francisco Building Code shall be considered a live/work unit.

(Added by Ord. 412-88, App. 9/10/88; amended by Ord. 56-02, File No. 012127, App. 4/29/2002)

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 land 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 corner lot shall be considered wider or deeper than 125 feet, and the remainder of any lot involved shall be considered to be an interior lot. Whenever a corner lot is resubdivided, only that portion which thereafter is 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 non-amplified live entertainment, including restaurants and bars which present such activities, but shall not include any arts activities or space as defined in Section 102.2 of this Code, any theater performance space which does not 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 to purchase 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. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.20. OPEN USE.

Any use of a lot that is not conducted within a building.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.21. PLAN DIMENSIONS.

The linear horizontal dimensions of a building or structure, at a given level, between the outside surfaces of its exterior walls. The "length" of a building or structure is the greatest plan dimension parallel to an exterior wall or walls, and is equivalent to the horizontal dimension of the corresponding elevation of the building or structure at that level. The "diagonal dimension" of a building or structure is the plan dimension between the two most separated points on the exterior walls.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.22. PRINCIPAL FACADES.

Exterior walls of a building which are adjacent to or front on a public street, park or plaza.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.23. STORY.

That portion of a building, except a mezzanine as defined in the Building Code, included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the surface of the floor and the ceiling next above it.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.24. STORY, GROUND.

The lowest story of a building, other than a basement or cellar as defined in the Building Code.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.25. STREET.

A right-of-way, 30 feet or more in width, permanently dedicated to common and general use by the public, including any avenue, drive, boulevard, or similar way, but not including any freeway or highway without a general right of access for abutting properties.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.26. STRUCTURE.

Anything constructed or erected which requires fixed location on the ground or attachment to something having fixed location on the ground.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.27. STRUCTURAL ALTERATIONS.

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 102.28. USE.

The purpose for which land or a structure, or both, are designed, constructed, arranged or intended, or for which they are occupied or maintained, let or leased.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 105. ZONING MAP.

The designations, locations and boundaries of the districts established by this Code shall be shown upon the "Zoning Map of the City and County of San Francisco," which shall consist of a series of numbered sectional maps. Wherever any uncertainty exists as to the boundary of any district as shown on said sectional maps, the following rules shall apply:

(a) Where boundary lines are indicated as following streets and alleys within the right-of-way, they shall be construed as following the centerlines of such streets and alleys;

(b) Where boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries;

(c) Where a boundary line divides a lot or crosses unsubdivided property; the location of such boundary shall be as indicated upon the Zoning Map using the scale appearing on such map;

(d) Where further uncertainty exists, the City Planning Commission upon written application, or on its own motion, shall by resolution determine the location of a disputed boundary giving due consideration to the apparent indicated location thereof and the scale of the Zoning Map and the express purposes of this Code;

(e) Wherever any property is not under these rules specifically included in any use district shown on the Zoning Map, such property is hereby declared to be in an RH-1(D) District, except that all property owned on the effective date of this amendment by the United States of America, State of California, City and County of San Francisco, or other governmental agency and within the City and County of San Francisco but not within the area covered by Sectional Maps Nos. 1 through 13 of the Zoning Map is hereby declared to be in a P (Public Use) District unless reclassified in accordance with the provisions of this Code;

(f) Wherever any property is not under these rules specifically included in any height and bulk district shown on the Zoning Map, such property is hereby declared to be in a 40-X height and bulk district, except that all property owned on the effective date of this amendment by the United States of America, State of California, City and County of San Francisco, or other governmental agency and within the City and County of San Francisco but not within the area covered by Sectional Maps Nos. 1H through 13H of the Zoning Map is hereby declared to be in an OS (Open Space) District unless reclassified in accordance with the provisions of this Code, with the exception of Yerba Buena Island and Treasure Island which are hereby declared to be in a 40-X height and bulk district.

(Amended by Ord. 443-78, App. 10/6/78)

SEC. 106. ZONING MAP INCORPORATED HEREIN.

The Zoning Map of the City and County of San Francisco referred to in Section 105, the original of which is on file with the Clerk of the Board of Supervisors under File No. 4608, is hereby incorporated herein as though fully set forth, and the designations, locations and boundaries of districts shall be as shown thereon, subject to the provisions of Section 105 hereof. The Zoning Map may be amended by ordinance adopted by the Board of Supervisors in accordance with Section 302(c), relating to amendments approved by the City Planning Commission, or by ordinance adopted by the Board of Supervisors in accordance with Sections 302(c) and 308.1(d), relating to amendments disapproved by the City Planning Commission. Such amendments whether heretofore or hereafter adopted, shall not be printed or reprinted as part of the text of the City Planning Code, but the changes so authorized thereupon shall be incorporated in the Zoning Map and shall be included in any subsequent editions thereof.

(Amended by Ord. 443-78, App. 10/6/78)

SEC. 108. NEW NAMES.

As of July 1, 1996, the effective date of the revised Charter, all references in this Code to the "Master Plan" shall mean "General Plan," to the "Department of City Planning" shall mean "Planning Department," to the "City Planning Commission" shall mean "Planning Commission," to the "Board of Permit Appeals" shall mean "Board of Appeals."

(Added by Ord. 321-96, App. 8/8/96)

SEC. 109. SEVERABILITY.

(a) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

(b) If the application of any provision or provisions of this Code to any lot, building, sign or other structure, or parcel of land is found to be invalid or ineffective, in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the property or situation immediately involved in the controversy, and the application of any such provision to other properties and situations shall not be affected.

(c) This Section 109 shall apply to every Article of this Code, as the Code has existed in the past, as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.

(Amended by Ord. 443-78, App. 10/6/78)