SEC. 121.2. NON-RESIDENTIAL USE SIZE LIMITS IN NEIGHBORHOOD COMMERCIAL AND NEIGHBORHOOD…

(See Interpretations related to this Section.)

(a) Non-Residential Use Sizes Conditionally Permitted. In order to protect and maintain a scale of development appropriate to each district, Non-Residential Use Sizes larger than the square footage stated in the table below may be permitted only as Conditional Uses, subject to the exception in Section 121.2(b). The Non-Residential Use Size shall be measured as the Gross Floor Area for each individual Non-Residential Use.

• Subject to Section 121.2(d).

** Conditional Use authorization not required for any Limited Restaurant use that relocates within the Polk Street NCD, and is designated as a Legacy Business as of the effective date of the ordinance in Board File No. 240411, or any Health Service use in the West Portal Avenue NCD located at Assessor’s Parcel Block No. 2989B, Lot 17.

In addition to the criteria of Section 303(c) of this Code, the Commission shall consider the extent to which the following criteria are met:

(1) The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-serving uses in the area.

(2) The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function.

(3) The building in which the use is to be located is designed in discrete elements which respect the scale of development in the district.

(b) Division of Non-Residential Uses. Notwithstanding Sections 121.2(a), 178, and 186.1, existing Non-Residential Uses that are larger than the use size limits in subsection (a) may be divided into two or more smaller Non-Residential Uses that are larger than the use size limits in subsection (a), and such a division shall not require a Conditional Use Authorization provided the division does not cause a Net Addition of Gross Floor Area.

ithstanding Sections 121.2(a), 178, and 186.1, existing Non-Residential Uses that are larger than the use size limits in subsection (a) may be divided into two or more smaller Non-Residential Uses that are larger than the use size limits in subsection (a), and such a division shall not require a Conditional Use Authorization provided the division does not cause a Net Addition of Gross Floor Area.

(c) Non-Residential Use Size Maximum in the Mission Street NCT. In order to protect the pedestrian scale of the Mission Street NCT and provide space for small businesses, the following control shall apply in the Mission Street NCT:

(1) Applicability. Lot mergers pursuant to Section 121.7(f) and any project located on a parcel that was created as a result of a lot merger pursuant to Section 121.7(f).

(2) Control. Any such project that does not include at least one non-residential space of no more than 2,500 square feet, located on the ground floor and fronting directly onto Mission Street, shall require a conditional use authorization. In considering whether to grant such conditional use authorization, the Commission shall consider the criteria in Sections 121.2(a) and 303(c).

(d) Non-Residential Use Size Maximum in the Castro Street NCD. In order to protect and maintain the pedestrian scale of the Castro Street NCD and provide space for small businesses, Non-Residential Use Sizes larger than 4,000 square feet shall not be permitted, with the exception that a Child Care Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility, Community Facility, or a Residential Care Facility as defined in Section 102 of this Code that is operated by a non-profit and is neighborhood-serving may exceed this Non-Residential Use Size limit with Conditional Use authorization.

tted, with the exception that a Child Care Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility, Community Facility, or a Residential Care Facility as defined in Section 102 of this Code that is operated by a non-profit and is neighborhood-serving may exceed this Non-Residential Use Size limit with Conditional Use authorization.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 198-00, File No. 992321, App. 8/18/2000; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 251-07, File No. 070851, App. 11/7/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 245-08, File No. 080696; Ord. 29808, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; 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. 154-13 , File No. 130263, App. 7/25/2013, Eff. 8/24/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 17-18, File No. 171173, App. 2/9/2018, Eff. 3/12/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 11-23, File No. 221023, App. 2/9/2023, Eff. 3/12/2023; Ord. 169-24, File No. 240411, App. 7/12/2024, Eff. 8/12/2024; Ord. 2- 25, File No. 240903, App. 2/7/2025, Eff. 3/10/2025; Ord. 23-25, File No. 241121, App. 3/7/2025, Eff. 4/7/2025; Ord. 17325, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (a) table amended; Ord. 140-11, Eff. 8/4/2011. Division (a) table amended; Ord. 35-12 , Eff. 3/22/2012. Division (a) table amended; Ord. 42-13 , Eff. 4/27/2013. Division (a) table amended; division (b) table amended; Ord. 56-13 , Eff. 4/27/2013. Division (a) table amended [identical amendments previously had been made by Ord. 56-13 ]; division (b) amended; Ord. 154-13 , Eff. 8/24/2013. Division (a) amended; Ord. 188-15 , Eff. 12/4/2015. Section header, divisions (a) and (b), and both tables amended; division (b) divided into divisions (b), (b)(1), (b)(2), and undesignated paragraph; Ord. 129-17, Eff. 7/30/2017. Division (b)(3) added; division (b) table amended; Ord. 205-17, Eff. 12/3/2017. Divisions (c)-(c) (2) added; Ord. 17-18, Eff. 3/12/2018. Division (a) table amended; Ord. 202-18, Eff. 9/10/2018. Divisions (b) and (b)(3) and division (b) table amended; Ord. 11-23, Eff. 3/12/2023. Division (a) table note added; Ord. 169-24, Eff. 8/12/2024. Division (a) table and table note amended; divisions (b)(1) and (b)(2) amended; division (b)(4) added; Ord. 2-25, Eff. 3/10/2025. Division (a) table amended; Ord. 23-25, Eff. 4/7/2025. Division (a), table, and notes amended; divisions (b)-(b) (4) and table deleted; new divisions (b) and (d) added; Ord. 173-25, Eff. 10/6/2025. Division (a) table amended; Ord. 21725, Eff. 12/15/2025. Division (a), table, and notes amended; divisions (b), (c), and (d) amended; Ord. 13-26, Eff. 3/16/2026.