§ 752. NCT-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.  


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  • (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. Eating and Drinking, Entertainment, and 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 subsections 207(c)(4) and 207(c)(6) 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, 250252, 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
    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
    Required
    Street Frontage Requirements
    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
    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 up to 9,999 square feet; C 10,000 square feet and above
    Planned Unit Development
    § 304
    C
    Awning, Canopy or Marquee
    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 per unit if private, or 100 square feet per unit if common
    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, 207.7
    40% of Dwelling Units shall contain at least two 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(c)(4), 207(c)(6)
    P per Planning Code Sections 207(c)(4) and 207(c)(6).
    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
    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
    P if located in front; 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), 202.5
    C
    NP
    NP
    Automotive Repair
    § 102
    C
    C
    NP
    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
    NP
    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
    Hospital
    § 102
    C
    C
    C
    Medical Cannabis Dispensary**
    §§ 102, 202.2(e)
    DR
    DR
    NP
    Sales and Service Use Category
    Retail Sales and Service Uses*
    §§ 102, 202.2(a)
    P
    P
    P
    Adult Business
    § 102
    C
    C
    NP
    Animal Hospital
    § 102
    C
    C
    NP
    Bar
    §§ 102, 202.2(a)
    P
    P
    NP
    Cannabis Retail
    §§ 102, 202.2(a)
    C
    C
    NP
    Flexible Retail
    § 102
    NP(5)
    NP
    NP
    Hotel
    § 102
    C
    C
    C
    Kennel
    § 102
    C
    C
    NP
    Liquor Store
    § 102
    C(5)
    NP
    NP
    Massage Establishment
    § 102
    C
    C
    NP
    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(3)
    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
    Design Professional
    § 102
    P(3)
    P
    P
    Service, Non-Retail Professional
    § 102
    C
    C
    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 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, Retail Professional Services, 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.
    (Added by Ord. , File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. , File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. , File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. , File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. , File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. , File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. , File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. , File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. , File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. , File No. 191075, App. 5/22/2020, Eff. 6/22/2020)
    AMENDMENT HISTORY
    Zoning Control Table amended; Ord. , Eff. 10/15/2017. Zoning Control Table amended; Ord. , Eff. 1/5/2018. Zoning Control Table amended; Ord. , Eff. 9/10/2018. Zoning Control Table amended; Ord. , Eff. 12/21/2018. Zoning Control Table amended; Notes (5) and (6) added; Ord. , Eff. 1/7/2019. Zoning Control Table amended; Ord. , 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. , Eff. 9/9/2019. Zoning Control Table and Note (2) amended; Ord. , Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. , Eff. 6/22/2020.
    CODIFICATION NOTE
    1. So in Ord. .
    **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.”