SEC. 752. NCT-3 – MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

   (a)   NCT-3 Districts are walkable and transit-oriented moderate- to high-density mixed-use neighborhoods of varying scale concentrated near transit services. The NCT-3 Districts are mixed use districts that support neighborhood-serving Commercial Uses on lower floors and housing above. These districts are well-served by public transit and aim to maximize residential and commercial opportunities on or near major transit services. The district’s form can be either linear along transit-priority corridors, concentric around transit stations, or broader areas where transit services criss-cross the neighborhood. 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 critical stretches of NC and transit streets to preserve and enhance the pedestrian-oriented character and transit function.

   (b)   NCT-3 Districts are intended in most cases to offer a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood, additionally providing convenience goods and services to the surrounding neighborhoods. NCT-3 Districts include some of the longest linear commercial streets in the City, some of which have continuous retail development for many blocks. Large-scale lots and buildings and wide streets distinguish the districts from smaller-scaled commercial streets, although the districts may include small as well as moderately scaled lots. Buildings may range in height, with height limits varying from four to eight stories.

   (c)   NCT-3 building standards permit moderately large Commercial Uses and buildings. Rear yards are protected at residential levels.

   (d)   A diversified commercial environment is encouraged for the NCT-3 District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Financial service uses generally are permitted with certain limitations at the first and second stories. Auto-oriented uses are somewhat restricted. Other retail businesses, personal services and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.

   (e)   Housing development in new buildings is encouraged above the second story. Existing Residential Units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to Sections 207.1 and 207.2 of this Code.

 

Table 752. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 ZONING CONTROL TABLE

		NCT-3
Zoning Category	§ References	Controls
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits.	§§ 102, 105, 106, 250–252, 260, 261.1, 270, 271. See also Height and Bulk District Maps	Varies. See Height and Bulk Map Sheets HT02 and 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	§§ 130, 134, 134(a)(e), 136	Required at the lowest Story containing a Dwelling Unit, and at each succeeding level or Story of the Building: 25% of lot depth, but in no case less than 15 feet
Front Setback and Side Yard	§§ 130, 131, 132, 133	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	Required on certain streets, see § 145.4 for more information.
Vehicular Access Restrictions	§ 155(r)	Prohibited on Market Street, Church Street, and Mission Street. C required on Duboce Street, Haight Street
Miscellaneous
Lot Size (Per Development)	§§ 102, 121.1	P(11)
Planned Unit Development	§ 304	C
Awning, Canopy or Marquee	§ 136.1	P
Signs	§§ 262, 602- 604, 607, 607.1, 608, 609	As permitted by § 607.1
General Advertising Signs	§§ 262, 602, 604, 608, 609, 610, 611	NP
Design Guidelines	General Plan Commerce and Industry Element	Subject to the Urban Design Guidelines

 

Zoning Category	§ References	Controls
RESIDENTIAL STANDARDS AND USES
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	80 square feet if private, or 100 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less.
Off-Street Parking Requirements	§§ 145.1, 150, 151.1, 153 - 156, 166, 204.5	Car parking not required. P up to 0.5 spaces per Dwelling Unit; C up to 0.75 spaces per Dwelling Unit. Not permitted above .75 spaces per Dwelling Unit. Bike parking required per § 155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per § 166.
Dwelling Unit Mix	§ 207.6	Generally Required for creation of five or more Dwelling Units. 40% of Dwelling Units shall contain at least two; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms.
Use Characteristics
Intermediate Length Occupancy	§§ 102; 202.10	P(7)
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	§§ 102, 207.1, 207.2	P per Planning Code Sections 207.1 and 207.2.
Dwelling Units, Senior Housing, and Group Housing	§ 102, 202.2(f), 207, 208	No residential 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	§§ 102, 208	Density limits regulated by the Administrative Code
Loss and Division of Dwelling Units		Controls by Story
		1st	2nd	3rd+
Residential Conversion	§ 317	C	C	C
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
Development Standards
Floor Area Ratio	§§ 102, 123, 124	3.6 to 1
Use Size	§§ 102, 121.2	P up to 5,999 square feet; C 6,000 square feet and above
Off-Street Parking Requirements	§§ 145.1, 150, 151.1, 153 - 156, 166, 204.5	Car parking not required. Limits set forth in Section 151.1. Bike parking required per Section 155.2. Car share spaces required when a project has 25 or more parking spaces per § 166.
Off-Street Freight Loading	§§ 150, 152, 153 - 155, 161, 204.5	None required if gross floor area is less than 10,000 square feet. Exceptions permitted per §§ 155 and 161.
Commercial Use Characteristics
Drive-up Facility	§ 102	NP
Formula Retail	§§ 102, 303.1	C
Hours of Operation	§ 102	No Limit
Maritime Use	§ 102	NP
Open Air Sales	§§ 102, 703(b)	See § 703(b)
Outdoor Activity Area	§§ 102, 145.2, 202.2	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	§§ 102, 202.2(c)	NP	NP	NP
Agriculture, Large Scale Urban	§§ 102, 202.2(c)	C	C	C
Agriculture, Neighborhood	§§ 102, 202.2(c)	P	P	P
Automotive Use Category
Automotive Uses*	§§ 102, 187.1, 202.2(b)	C	NP	NP
Automotive Repair	§ 102	C	C	NP
Electric Vehicle Charging Location	§§ 102, 202.2(b), 202.13	C(10)2	C(10)	C(10)
Fleet Charging	§ 102	C	C	C
Parking Garage, Private	§ 102	C	C	C
Parking Garage, Public	§ 102	C	C	C
Parking Lot, Private	§§ 102, 142, 156	C	C	C
Parking Lot, Public	§§ 102, 142, 156	C	C	C
Service, Motor Vehicle Tow	§ 102	NP	NP	NP
Service, Parcel Delivery	§ 102	NP	NP	NP
Vehicle Storage Garage	§ 102	NP	NP	NP
Vehicle Storage Lot	§ 102	NP	NP	NP
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP	NP
Arts Activities	§ 102	P(6)	P	P
Entertainment, General	§ 102	P	P	NP
Entertainment, Nighttime	§ 102	P	P	NP
Movie Theater	§§ 102, 202.4	P	P	P
Open Recreation Area	§ 102	C	C	C
Passive Outdoor Recreation	§ 102	C	C	C
Industrial Use Category
Industrial Uses	§§ 102, 202.2(d)	NP	NP	NP
Institutional Use Category
Institutional Uses*	§ 102	P	P	P
Community Facility	§ 102	P	P	P
Hospital	§ 102	C	C	C
Medical Cannabis Dispensary**	§§ 102, 202.2(e)	DR	DR	NP
Public Facilities	§ 102	P	P	P
Social Service or Philanthropic Facility	§ 102	P	P	P
Sales and Service Use Category
Retail Sales and Service Uses*	§§ 102, 202.2(a), 202.3	P	P	P
Adult Business	§ 102	C	C	NP
Adult Sex Venue	§ 102	C(9)	C(9)	NP(9)1
Animal Hospital	§ 102	P	P	NP
Bar	§§ 102, 202.2(a)	P	P	NP
Cannabis Retail	§§ 102, 202.2(a)	C	C	NP
Flexible Retail	§§ 102, 202.9	P	NP	NP
Hotel	§ 102	C	C	C
Kennel	§ 102	C	C	NP
Liquor Store	§ 102	C(5)	NP	NP
Massage Establishment	§§ 102, 204, 303(n), 703	P	C(8)	NP(8)
Massage, Foot/Chair	§ 102	P	C	NP
Mortuary	§ 102	C	C	C
Motel	§§ 102, 202.2(a)	NP	NP	NP
Restaurant	§§ 102, 202.2(a)	P	P	NP
Restaurant, Limited	§§ 102, 202.2(a)	P	P	NP
Services, Financial	§ 102	P	P	NP
Services, Fringe Financial	§ 102	NP(2)	NP(2)	NP(2)
Services, Limited Financial	§ 102	P(3)	P	NP
Services, Retail Professional	§ 102	P	P	P
Storage, Self	§ 102	C	C	C
Tobacco Paraphernalia Establishment	§ 102	C	NP	NP
Trade Shop	§ 102	P	C	C
Non-Retail Sales and Service*	§ 102	NP	NP	NP
Catering	§ 102	P(12)3	NP	NP
Design Professional	§ 102	P(3)	P	P
Service, Non-Retail Professional	§ 102	C	P	C
Storage, Commercial	§ 102	C	C	C
Trade Office	§ 102	P(3)	P	P
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	C(4)	C(4)	C(4)
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)

(2)   FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the NCT-3 Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(3)   CU FOR LIMITED FINANCIAL SERVICE AND OTHER USES Boundaries: Applicable only for the parcels zoned NCT-3 on Market Street West of Octavia Boulevard. Controls: A Conditional Use authorization is required for a Limited Financial Service, Design Professional, and Trade Office uses on the 1st story.

(4)   C if a Macro WTS Facility; P if a Micro WTS Facility.

(5)   Liquor Stores operating only with a Type 20 ABC License (Beer and Wine sale only) are exempt from Conditional Use authorization and Principally Permitted.

(6)   Arts Activities in the NCT-3 District are considered to be “active uses.” as defined in Section 145.4 of this Code.

(7)   C for buildings with 10 or more Dwelling Units.

(8)   P if accessory to a Hotel, Personal Service or Health Service.

(9)1    P for parcels with frontage on Market Street, Howard Street, South Van Ness Avenue, or Mission Street.

(10)2    P where existing use is any Automotive Use.

(11)   C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(12)3    A Catering Use in this district may not distribute or deliver individual meals to customers directly from the lot, either by its own means, or through a third-party delivery service.

 

(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. 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. 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. 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. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; 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; 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; Notes (5) and (6) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Introductory material designated as divisions (a)-(e); divisions (a) and (c)-(e) and Zoning Control Table amended; Notes (5) and (6) replaced; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (2) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Division (d), Zoning Control Table, and Note (3) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (2) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Note (9)1 added; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (10)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (11) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Note (12)3 added; 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 NOTES

1.   Note (9) was originally designated as Note (8) when added by Ord. 75-22. It was redesignated by the editor to avoid conflict with the existing Note (8) added by Ord. 233-21.

2.   Note “(10)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because two notes designated as “(8)” previously had been added to this section by Ord. 233-21 and Ord. 75-22.

3.   Note “(12)” is referenced as “(11)” in Ord. 249-23. The note was redesignated by the codifier because a note designated as “(11)” previously had been added to this section by Ord. 248-23.

**Editor’s Note:
   Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”