SEC. 249.5. NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT.

(See Interpretations related to this Section.)

(a) General. A special use district entitled the "North of Market Residential Special Use District," which includes RC-4 and P Use Districts, the boundaries of which are shown on Sectional Map No. SU01 , and SU02 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth below.

(b) Purposes. In order to protect and enhance important housing resources in an area near downtown, conserve and upgrade existing low and moderate income housing stock, preserve buildings of architectural and historic importance and preserve the existing scale of development, maintain sunlight in public spaces, encourage new infill housing at a compatible density, limit the development of tourist hotels and other commercial uses that could adversely impact the residential nature of the area, limit the number of commercial establishments which are not intended primarily for customers who are residents of the area, and support neighborhood vitality and character, the following controls are imposed in the North of Market Residential Special Use District.

(c) Controls. The following zoning controls are applicable in the North of Market Residential Special Use District. Certain controls are set forth in other Sections of this Code and are referenced herein.

(1) Conditional Use Criteria. In making determinations on applications for Conditional Use authorizations required for uses located within the North of Market Residential Special Use District, the Planning Commission shall consider the

purposes as set forth in Subsection (b) above, in addition to the criteria of Section 303(c) of this Code.

(2) Notwithstanding the Zoning Control Table for RC Districts found in Section 209.3 of this Code, commercial establishments shall be limited to the ground floor and the first basement floor, except that such establishments may be permitted on the second story as a conditional use if authorized pursuant to Section 303 and Section 249.5(c)(1) of this Code and except as required by Section 202.5 of this Code.

(3) The following uses are not permitted:

• (A) A Hotel or Motel; and

(B) Massage Establishments which are not incidental to Hospitals, Residential Care Facilities, Health Services, Personal Services and Social Service or Philanthropic Facility uses or are not incidental to a health club, gymnasium or other facility with a regular membership or other facility which is used primarily for instruction and training in body building, exercising, reducing, sports, dancing or other similar physical activities. For those massage establishments incidental to Personal Services, the following shall apply:

(i) the Massage Use shall obtain a Conditional Use Authorization pursuant to Section 303(n) of this Code; (ii) The Massage Use shall comply with the accessory use provisions of Section 204.3 of this Code, except that in no case shall the Massage Use occupy more than 1,000 square feet of occupied floor area of the Personal Service use;

(iii) The Massage Use must be functionally integrated into the operation of the Personal Service use and cannot function independently of the Personal Service use, including having hours of operation that exceed those of the Personal Service use. In no case may the Massage Use operate during the hours between 10:00 pm and 7:00 am.

(4) In the portion of the area designated as Subarea No. 1 of the North of Market Residential Special Use District, as shown on Section Map No. SU01 of the Zoning Map, the density ratio shall be one dwelling unit for each 125 square feet of lot area; in Subarea No. 2, as shown on Section Map No. SU01 of the Zoning Map, the density ratio shall be one dwelling unit for each 200 feet of lot area. The double density provision for Senior Housing, as defined in Section 102, shall not result in greater density than that permitted in an RC-4 District.

(5) A bulk district "T" shall apply pursuant to the provisions of Section 270, Table 270 of this Code.

(6) Special exceptions to the 80-foot base height limit in height and bulk districts 80-120-T and 80-130-T may be granted pursuant to the provisions of Section 263.7 of this Code.

(7) Exceptions to the rear yard requirements for an RC-4 District may be granted pursuant to Section 134(g) of this Code.

(8) All provisions of the Planning Code applicable in an RC-4 Use District shall apply within that portion of the district zoned RC-4, except as specifically provided above. All provisions of the Planning Code applicable in a P Use District shall apply within that portion of the district zoned P, except as specifically provided above.

(9) All demolitions of buildings containing residential units shall be permitted only if authorized as a conditional use under Section 303 of this Code, unless the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety. When considering whether to grant a conditional use authorization for the demolition, in lieu of the criteria set forth in Planning Code Section 303(c), consideration shall be given to the purposes of the North of Market Residential Special Use District set forth in Section 249.5(b), above, to the adverse impact on the public health, safety and general welfare due to the loss of existing housing stock in the district and to any unreasonable hardship to the applicant if the permit is denied. Demolition of residential hotel units shall also comply with the provisions of the Residential Hotel Ordinance.

(10) Tenderloin Neon Special Sign District.

(A) There shall be a special sign district known as the “Tenderloin Neon Special Sign District,” with the same boundaries as the North of Market Residential Special Use District, as such boundaries may be amended from time to time.

(B) Within the Tenderloin Neon Special Sign District, Neon Business or Identifying Signs are permitted, provided that they meet the requirements below. Terms defined in Article 6 and used herein shall have the meanings specified in