Part XII

RULES FOR NONCONFORMING USES AND NONCOMPLYING STRUCTURES AND CONDITIONAL, TEMPORARY AND ACCESSORY USES

(See Interpretations related to this Section.)

(a) General. The provisions of Section 180 apply to nonconforming uses and noncomplying structures in Mission Bay Use Districts which uses or structures existed lawfully at the effective date of the adoption of this Article 9, but which fail to conform to the regulations of this Article 9.

(b) Enlargements, Alterations and Reconstructions. In the Mission Bay Use Districts, a nonconforming use, and any structure occupied by such use, shall not be significantly enlarged, intensified, extended, or moved to another location, unless the result will be the elimination of the nonconforming use, except as provided in this Section 983(b). A nonconforming use, and any structure occupied by such use may be significantly enlarged, intensified, extended or expanded, provided that such enlargement, intensification, extension or expansion is approved by the Zoning Administrator under the procedures for notice and hearing applicable to variances as set forth in Section 305, including notice to the owner of the fee title to the affected property, upon a determination that such enlargement, intensification, extension or expansion is consistent with the implementation provisions of the Mission Bay Plan and will not impede the orderly development of Mission Bay as contemplated in the Mission Bay Plan and the Mission Bay Development Agreement. Any such enlargement, intensification, extension or expansion shall not exceed 25 feet in height and shall comply with requirements that would apply if the use in question was located within an M-1 Use District. Notwithstanding any such enlargement, intensification, extension or expansion, the provisions of Section 983(e) shall continue to apply to such nonconforming use, or structure occupied by such use, including such enlargement, intensification, extension or expansion. In addition, the provisions of Section 181(b) and (d) and Section 188 shall apply in Mission Bay Use Districts; provided, however, that, notwithstanding any restoration pursuant to Section 181(d), the provisions of Section 983(e) shall continue to apply.

(c) Changes of Use. The provisions of Section 182(a) and (b) shall apply in Mission Bay Use Districts, provided that, notwithstanding any change in use permitted under Section 182(b), the provisions of Section 983(e) shall continue to apply.

(d) Discontinuance and Abatement. The provisions of Section 183 shall apply in Mission Bay Use Districts.

(e) Termination. Nonconforming uses in Mission Bay Use Districts shall be terminated as provided in this Subsection.

(1) Purpose. The purpose of this Subsection is to provide for the gradual elimination or conversion, after a reasonable allowance of time for the amortization of investments therein, of nonconforming uses in buildings and nonconforming uses of land in order to encourage and promote the orderly and beneficial development of the land and buildings with conforming uses. This subsection is intended to apply to land and buildings whose use is at variance with the regulations of this Article, and is safeguarded against unnecessary hardship in application by provision for continuance for a minimum period of 10 years, by procedures for extension and by the requirement of notice. It is further declared that the requirement of eventual removal, or conversion to conforming use, of such buildings and land subject to the exceptions set forth, is in the public interest and is intended to promote the general welfare.

(2) Application. This subsection shall apply to nonconforming uses occupying buildings and to non-conforming uses of land whether or not an enclosed building located on the same lot is involved in such use, when such uses would not be permitted as a principal or conditional use in the Mission Bay Use District in which the use is located.

(3) Amortization Period. Every such building and use to which this Section applies may be continued in such use for at least 10 years from the effective date of this Section, and for fully enclosed warehouse buildings east of Third Street such use may continue for an additional period of at least 25 years after the expiration of the initial 10-year period, and in either case for such additional periods as may be permitted by an extension or extensions granted pursuant to Subsection (e)(4) below.

(4) Extensions. An extension of time may be granted, in accordance with the procedures for notice and hearing applicable to variances as provided in Section 305, including notice to the owner of the fee title to the affected property if the Zoning Administrator determines that either (i) special circumstances apply to any such building or use which do not apply generally to other affected buildings and uses or (ii) an extension will not impede the orderly development of Mission Bay as contemplated in the Mission Bay Plan and Mission Bay Development Agreement. In considering an

application for extension of an industrial use served by a rail freight spur track, consideration shall be given to the necessity for granting an extension of such rail freight spur track use. No extension shall be for a period in excess of two years. Successive extensions, subject to the same limitations, may be granted upon new application.

(5) Removal or Alteration and Conversion. Upon the expiration of the amortization period and any extension or extensions granted pursuant to Subsection (e)(4), the use or buildings shall be completely removed or altered and converted to a conforming use provided, however, that if the termination of the use of any Public Transportation Facility requires the approval of any State or federal commission, or agency under any applicable State or federal law or regulation, the nonconforming use of such facility may continue until all such required approvals have been obtained. Nothing herein shall require the development of the minimum number of dwelling units required under Section 920, until such time as a parcel is developed in accordance with this Article 9.

(6) Notice. The Zoning Administrator shall give notice by mail of the date of expiration of the periods of permitted continuance specified herein to each owner of record within one year of the effective date of this Section. A final notice shall be given one year before said date of expiration in each instance. The notices shall set forth all pertinent provisions of this Section, including the declared purpose thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record, or where no Permit of Occupancy for a nonconforming use covered by this Section has been issued as provided in Section 171 of this Code, shall not invalidate any proceedings under this Section. (Added by Ord. 63-91, App. 2/27/91; amended by Ord. 142-96, App. 4/10/96)

The provisions of Section 178 shall apply to conditional uses in Mission Bay Use Districts. The references in Section 178 to uses listed in Articles 2, 7 or 8 of this Code shall be deemed to refer to uses listed in Article 9. (Added by Ord. 63-91, App. 2/27/91)

(a) Temporary Uses in General. The temporary uses listed in this Section, where not otherwise permitted in a Mission Bay Use District, may be authorized by the Zoning Administrator as provided herein, up to the time limits indicated. Such uses may be authorized without a public hearing. Extensions of time for uses listed herein may be authorized in the same manner as the initial use.

• (b) Temporary Uses: 60 Day Limit. The following uses, may be authorized for a period not to exceed 60 days:

1. Exhibition, celebration, festival, circus, or neighborhood carnival;

2. Booth for charitable, patriotic or welfare purposes;

3. Open air sale of agriculturally-produced seasonal decorations including, but not necessarily limited to, Christmas trees and Halloween pumpkins;

4. Parking which is accessory to the uses listed in this Subsection.

(c) Temporary Uses: One to Five Year Limit. Temporary uses authorized pursuant to this Subsection shall not exceed an initial approval period of up to five years. Extensions of this approval period may be authorized by the Zoning Administrator in increments of up to five year periods if the authorized use is consistent with the objectives and policies in the Mission Bay Plan. The following uses may be authorized as temporary uses:

1. Temporary structures and uses incidental to the construction of a building or a group of buildings, including but not limited to construction staging of materials and equipment;

2. Rental or sales office incidental to a new development, provided that it be located in the development project or a temporary structure; and

3. Structures and uses incidental to environmental cleanup and staging;

4. Parking which is accessory to the uses listed in this Subsection.

(d) Other Temporary Uses. Any other use which is not listed in Subsection (b) or (c) but which is permitted in a M-1 Zoning District may be permitted as a temporary use for a time period to be determined by the Zoning Administrator not to exceed 10 years, upon the determination by the Zoning Administrator that the authorized use is consistent with the Master Plan, including the objectives, policies and phasing principles of the Mission Bay Plan. (Added by Ord. 63-91, App. 2/27/91; amended by Ord. 212-94, App. 6/2/94)

No use in Mission Bay Use Districts will be considered accessory to a principal or conditional use which involves or requires any of the following:

1. An amount which exceeds the limitations set forth in Sections 204.1 (applicable in MB-R and MB-NC Districts).

2. An amount which exceeds the limitations on parking and loading as provided in Sections 960 through 967.

3. The use of more than one-third of the total floor area occupied by both the accessory use and the principal or conditional use to which it is accessory, combined, except in the case of accessory off-street parking and loading.

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

5. Any take-out food use, as defined in Section 790.122, except for: (a) 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; (b) a take out food use operating as a minor and incidental use within a full service

restaurant; or (c) a take out food use which is, by definition, part of the operation of a fast food or self service restaurant. 6. 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.

(Added by Ord. 63-91, App. 2/27/91)