SEC. 240.1. WATERFRONT SPECIAL USE DISTRICT NO. 1.

The following provisions shall apply within Waterfront Special Use District No. 1:

(a) Accessory Uses Related to Maritime Uses. A related minor use that is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission and that is either necessary to the operation or enjoyment of a Maritime Use, as defined in Section 102 of this Code, or is appropriate, incidental, and subordinate to any such use, shall be permitted as an accessory use when located on the same lot, provided that the minor use does not itself occupy more than one-third of the site area occupied by such minor use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading.

(b) Principal uses shall include:

(1) Maritime Uses as defined in Section 102 of this Code.

(2) Any use that is listed in this Code as a permitted use in the district established by Section 201 applicable to the particular property involved shall be permitted as a principal use if the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission.

(c) Conditional uses shall include any use that is listed in this Code as a conditional use in the district established by Section 201 applicable to the particular property involved, provided that the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission. The specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code and subsection (d), below.

(d) Any use, other than Maritime Uses defined in Section 102 of this Code, that is listed in this Code as a permitted use or conditional use in the use district established by Section 201 applicable to the particular property involved, that involves (1) new construction or (2) projects with lease terms longer than 10 years that include substantial exterior alterations visible from the street or other major public site, excluding minor changes including but not limited to maintenance, alterations, and repairs involving replacing features with similar features or adding similar features; restoration of preexisting conditions; and signs, awnings, or canopies, shall be subject to review of the urban design of the proposed use under the waterfront design review process, as provided under Section 240(c) of this Code.

(e) In considering any application in this special use district under Section 303 of this Code, the Planning Commission shall consider the following criteria in lieu of the criteria set forth in Section 303(c):

(1) That such use or feature as proposed is consistent with the Waterfront Plan adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(2) That the design of such use or feature as proposed is consistent with the Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(3) Provision to the extent feasible, along the sea wall and along the perimeters of piers or platforms, of public access and of open spaces available for public use and suitable for viewing purposes or water-oriented recreation;

(4) Limitation of water coverage in the Northern Waterfront area from the Hyde Street Pier to Pier 46 so as not to exceed the degree of coverage by piers as existing as of February 16, 1998;

(5) Construction of new piers or platforms so that the water’s edge shall be maintained at the sea wall where feasible;

(6) Provision or maintenance of view corridors along streets into the Bay, and of panoramic views, in accordance with the view policies of the Northeastern Waterfront Plan, a part of the General Plan; and

(7) Development over the water generally on piers or platforms rather than on fill.

(f) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. To calculate the Floor Area Ratio on piers under the jurisdiction of the Port Commission, all building permit applications shall include a map of the lot or lease area with precise boundaries showing its location on the pier under consideration. The proposed lot shall be reviewed and approved as part of the building permit and be the basis for further alterations or expansions of

the structure.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Divisions (a), (b)(1), and (d) amended; Ord. 22-15, Eff. 3/22/2015. Division (f) language deleted; former division (g) redesignated as division (f) and amended; Ord. 311-18, Eff. 1/21/2019. Extra division (f) marker deleted; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b)(2), (c), (d), (e)(1)-(2), and (e)(4) amended; Ord. 157-23, Eff. 8/28/2023.