The Upper Market Street Neighborhood Commercial Transit District is located on Market Street from Church to Noe Streets, and on side streets off Market. Upper Market Street is a multi-purpose commercial district that provides goods and services to adjacent neighborhoods, but also serves as a shopping street for a broader trade area. The width of Market Street and its use as a major arterial diminish the perception of the Upper Market Street Transit District as a single commercial district. The street appears as a collection of dispersed centers of commercial activity, concentrated at the intersections of Market Street with secondary streets.
This district is well served by transit and is anchored by the Market Street subway (with stations at Church Street and Castro Street) and the F-Market historic streetcar line. All light-rail lines in the City traverse the district, including the F, J, K, L, M, and N, and additional key cross-town transit service crosses Market Street at Fillmore and Castro Streets. Additionally, Market Street is a primary bicycle corridor. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for Residential Uses, including open space and exposure, and urban design guidelines. Residential parking is not required and generally limited. Commercial establishments are discouraged or prohibited from building accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic. There are prohibitions on access (i.e. driveways, garage entries) to off-street parking and loading on Market and Church Streets to preserve and enhance the pedestrian-oriented character and transit function.
The Upper Market Street Transit District controls are designed to promote moderate-scale development which contributes to the definition of Market Street’s design and character. They are also intended to preserve the existing mix of Commercial Uses and maintain the livability of the district and its surrounding residential areas. Large-lot and use development is reviewed for consistency with existing development patterns. Rear yards are protected at all levels. To promote mixed-use buildings, most Commercial Uses are permitted with some limitations above the second story. In order to maintain continuous retail frontage and preserve a balanced mix of Commercial Uses, ground-story neighborhood-serving uses are encouraged, and financial service uses are limited. Ground floor-commercial space is required along Market and Church Streets. Most Automotive Service and Drive-Up Faciility uses are prohibited or conditional.
Upper Market Street NCT | ||
Zoning Category | § References | Controls |
Upper Market Street NCT | ||
Zoning Category | § References | Controls |
BUILDING STANDARDS | ||
Massing and Setbacks | ||
Height and Bulk Limits. | Varies. See Height and Bulk Map Sheet HT07 for more information. Height sculpting required on Alleys per § 261.1. | |
5 Foot Height Bonus for Active Ground Floor Uses | § 263.20 | P |
Rear Yard | Required at Grade level and at each succeeding level or Story: 25% of lot depth, but in no case less than 15 feet. See § 134(a)(1)(D) for waiver. | |
Front Setback and Side Yard | Not Required. | |
Street Frontage and Public Realm | ||
Streetscape and Pedestrian Improvements | § 138.1 | Required |
Street Frontage Requirements | § 145.1 | Required; controls apply to above-grade parking setbacks, parking and loading entrances, active uses, ground floor ceiling height, street-facing ground-level spaces, transparency and fenestration, and gates, railings, and grillwork. Exceptions permitted for historic buildings. |
Ground Floor Commercial | § 145.4 | Market Street and Church Street for the entirety of the Upper Market NCT |
Vehicular Access Restrictions | § 155(r) | Prohibited on Market Street from Embarcadero to Castro Street. CU required on Duboce Street from Noe to Market Streets |
Miscellaneous | ||
Lot Size (Per Development) | P up to 9,999 square feet; C 10,000 square feet and above | |
Planned Unit Development | § 304 | N/A |
Awning, Canopy or Marquee | § 136.1 | P |
Signs | ||
General Advertising Signs | NP | |
Design Guidelines | General Plan Commerce and Industry Element | Subject to the Urban Design Guidelines |
Zoning Category | § References | Controls | ||
RESIDENTIAL STANDARDS AND USES |
Zoning Category | § References | Controls | ||
RESIDENTIAL STANDARDS AND USES | ||||
Development Standards | ||||
Usable Open Space [Per Dwelling Unit] | 60 square feet if private, or 80 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less. | |||
Off-Street Parking Requirements | ||||
Dwelling Unit Mix | § 207.6 | Generally Required for creation of five or more Dwelling Units. 40% of Dwelling Units shall contain at least two bedrooms; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. | ||
Use Characteristics | ||||
Intermediate Length Occupancy | P(9) | |||
Single Room Occupancy | § 102 | P | ||
Student Housing | § 102 | P | ||
Residential Uses | Controls By Story | |||
1st | 2nd | 3rd+ | ||
Residential Uses | § 102 | P(1) | P | P |
Accessory Dwelling Unit | ||||
Dwelling Units, Senior Housing, and Group Housing. | No density limit by lot area. Density restricted by physical envelope controls of height, bulk, setbacks, open space, exposure and other applicable controls of this and other Codes, as well as by applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department. | |||
Homeless Shelters | Density limits regulated by the Administrative Code | |||
Loss and Division of Dwelling Units | Controls by Story | |||
1st | 2nd | 3rd+ | ||
Residential Conversion | § 317 | C | C | NP |
Residential Demolition or Merger | § 317 | C | C | C |
Division of Dwelling Units | § 207.8 | Division of existing Dwelling Units P per § 207.8 | ||
Zoning Category | § References | Controls | ||
NON-RESIDENTIAL STANDARDS AND USES |
Zoning Category | § References | Controls | ||
NON-RESIDENTIAL STANDARDS AND USES | ||||
Development Standards | ||||
Floor Area Ratio | 3.0 to 1 | |||
Use Size | P up to 2,999 square feet; C 3,000 square feet and above | |||
Off-Street Parking Requirements | ||||
Off-Street Freight Loading | ||||
Commercial Use Characteristics | ||||
Drive-up Facility | § 102 | NP | ||
Formula Retail | C | |||
Hours of Operation | § 102 | P 6 a.m. - 2 a.m.; C 2 a.m.- 6 a.m. | ||
Maritime Use | § 102 | NP | ||
Open Air Sales | See § 703(b) | |||
Outdoor Activity Area | P if located in front or it complies with Section 202.2(a)(7); C if located elsewhere. | |||
Walk-up Facility | § 102 | P | ||
Controls by Story | ||||
1st | 2nd | 3rd+ | ||
Agricultural Use Category | ||||
Agriculture, Industrial | NP | NP | NP | |
Agriculture, Large Scale Urban | C | C | C | |
Agriculture, Neighborhood | P | P | P | |
Automotive Use Category | ||||
Automotive Uses* | NP | NP | NP | |
Automotive Repair | § 102 | C | NP | NP |
Electric Vehicle Charging Location | C(11) | C(11) | ||
Fleet Charging | § 102 | C | C | C |
Parking Garage, Private | § 102 | C | C | C |
Parking Garage, Public | § 102 | C | C | C |
Parking Lot, Private | C | C | C | |
Parking Lot, Public | C | C | C | |
Entertainment, Arts and Recreation Use Category | ||||
Entertainment, Arts and Recreation Uses* | § 102 | NP | NP | NP |
Arts Activities | §102 | P(8) | P | P |
Entertainment, General | § 102 | P | P | NP |
Entertainment, Nighttime | § 102 | C | NP | NP |
Movie Theater | P | P | P | |
Open Recreation Area | § 102 | C | C | C |
Passive Outdoor Recreation | § 102 | C | C | C |
Industrial Use Category | ||||
Industrial Uses* | NP | NP | NP | |
Institutional Use Category | ||||
Institutional Uses* | § 102 | P(8) | P | C |
Child Care Facility | § 102 | P | P | P |
Community Facility | § 102 | P | P | P |
Hospital | § 102 | NP | NP | NP |
Medical Cannabis Dispensary | DR | DR | NP | |
Public Facilities | § 102 | P | P | P |
Residential Care Facility | § 102 | P | P | P |
Social Service or Philanthropic Facility | § 102 | P | P | P |
Sales and Service Use Category | ||||
Retail Sales and Service Uses* | P | P | NP | |
Adult Business | § 102 | NP | NP | NP |
Adult Sex Venue | § 102 | P | P | P |
Animal Hospital | § 102 | P | P | NP |
Bar | C | C | NP | |
Cannabis Retail | C | C | NP | |
Flexible Retail | P | NP | NP | |
Gym | § 102 | P | P | C |
Hotel | § 102 | C | C | C |
Kennel | § 102 | C | NP | NP |
Liquor Store | § 102 | C(2) | NP | NP |
Massage Establishment | P | C(10) | NP(10) | |
Massage, Foot/Chair | § 102 | P | C | NP |
Mortuary | § 102 | NP | NP | NP |
Motel | NP | NP | NP | |
Restaurant | P | P | NP | |
Restaurant, Limited | P | P | NP | |
Services, Financial | § 102 | C | C | NP |
Services, Fringe Financial | § 102 | NP(5) | NP(5) | NP(5) |
Services, Health | § 102 | P(7) | P | C |
Services, Limited Financial | § 102 | C | NP | NP |
Services, Personal | § 102 | P | P | C |
Services, Retail Professional | § 102 | P | P | P |
Storage, Self | § 102 | NP | NP | NP |
Tobacco Paraphernalia Establishment | § 102 | C | NP | NP |
Trade Shop | § 102 | P | C | NP |
Non-Retail Sales and Service* | § 102 | NP | NP | NP |
Design Professional | § 102 | C | P | C |
Service, Non-Retail Professional | § 102 | C | P | NP |
Trade Office | § 102 | C | P | C |
Utility and Infrastructure Use Category | ||||
Utility and Infrastructure* | § 102 | C(6) | C(6) | C(6) |
Power Plant | § 102 | NP | NP | NP |
Public Utilities Yard | § 102 | NP | NP | NP |
* Not listed below |
(1) C required for ground floor residential use when street frontage is listed in 145.4(b) |
Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Upper Market Street NCT Neighborhood Commercial District. |
(7) Clinics licensed as community and free clinics as defined under California Health and Safety Code Section 1204(a)(1) and clinics exempt from licensing under California Health and Safety Code Section 1206(b) are Principally Permitted Uses. Other Health Service uses are subject to the provisions of Section 303.1 of this Code. |
(8) Arts Activities and Institutional Community Uses in the Upper Market Street NCT District are considered to be “active uses,” as defined in Section 145.4 of this Code. |
(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Undesignated introductory material and Zoning Control Table amended; Note (2) added; Note (4) amended; Notes (7) and (8) replaced; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Introductory material, Zoning Control Table, and Note (5) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (9) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Note (5) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table and Note (7) amended; Note (10) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Notes (7) and (10) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (11)1
added; Ord. 190-22
, Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22
, Eff. 1/22/2023. Zoning Control Table amended; Ord. 249-23
, Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24
, Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24
, Eff. 4/28/2024.
CODIFICATION NOTE
1. Note “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21.