Local zoning · Emeryville
Emeryville — Land Use
Land Use under the Emeryville local zoning and planning code, with the controlling citations.
Last reviewed: July 2, 2026
Overview
Emeryville regulates land use through a table-based use matrix and district-specific rules in its Planning Regulations (commonly Title 9). The primary legal instruments are the Uses Table (Table 9-3.202), base and overlay zones (e.g., RM, MUR, OT), and discrete procedures for conditional uses, planned unit developments, and bonuses for FAR/height. Numerical intensity and height limits are tied to the General Plan maps and tables rather than fixed numbers in each zone; check the city's maps when evaluating a parcel. § 9-3.202 § 9-3.102 § 9-4.201
Practical note: parking, setbacks and other site standards are handled in separate chapters — see the city's parking rules and the Emeryville Development Standards and Emeryville Parking pages for application-level requirements.
District-by-district breakdown
Below are the principal base zones established in Emeryville's code. For permitted/conditional/prohibited uses, consult Table 9-3.202; for dimensional controls (FAR, height), consult the General Plan maps referenced in Chapter 4.
Note: the code language ties many numeric limits to General Plan maps (floor area ratio and height maps) rather than to a fixed numeric table per zone. Verify applicable map designations for a specific parcel. § 9-3.102 § 9-3.202 § 9-4.201
RM — Medium Density Residential
- Purpose: Implements the General Plan Medium Density Residential designation. § 9-3.102(1)
- Typical permitted uses: single-unit, two-unit, three- and four-unit and other residential categories as indicated in Table 9-3.202; some residential-support and small home-business type uses are also listed. § 9-3.202
- Key dimensional standards: FAR and height are determined by the General Plan floor area and height maps; see § 9-4.201 and § 9-4.202. For multi-unit projects there are additional design/amenity requirements in Article 20 of Chapter 5. § 9-4.201 § 9-4.202
- Where it applies: residential neighborhoods designated RM on the zoning map. Verify exact map blocks for parcel-specific FAR/height. Verify with the jurisdiction.
RMH — Medium-High Density Residential
- Purpose: Implements the General Plan Medium-High Density Residential designation. § 9-3.102(2)
- Typical permitted uses: similar residential categories to RM, but higher-density multi-unit uses permitted subject to Table 9-3.202. § 9-3.202
- Key dimensional standards: FAR/height via General Plan maps; certain multi-unit thresholds trigger community benefits or bonuses in Article 4 of Chapter 4. § 9-4.201 § 9-4.204
RH — High Density Residential
- Purpose: Implements the General Plan High Density Residential designation. § 9-3.102(3)
- Typical permitted uses: larger multi-unit residential developments, supportive housing types, group residential, etc., per Table 9-3.202. § 9-3.202
- Key dimensional standards: FAR and height per maps; projects may qualify for bonuses if community benefit/affordable housing criteria are met. § 9-4.201 § 9-4.204
MUR — Mixed Use with Residential
- Purpose: Implements Mixed Use with Residential areas intended to combine housing with commercial/service uses. § 9-3.102(4)
- Typical permitted uses: a range of residential plus commercial uses from the mixed-use use groups. Some uses (e.g., motor vehicle sales and rentals) are restricted to ground floors in MUR. Use mix requirements apply on larger sites (see below). § 9-3.303(b) § 9-3.202
- Key dimensional standards: FAR/height per General Plan maps; mix-of-use rules require two or more mixed-use groups on certain site sizes (see MUR rules). § 9-4.201 § 9-3.303(b)
- Where it applies: corridors and redevelopment areas where commercial/residential integration is expected.
MURS — Mixed Use with Residential South
- Purpose: Same as MUR but tailored to southern mixed-use areas and specific Housing Element provisions (e.g., emergency shelters). § 9-3.102(5)
- Special rules: includes SB 2/emergency-shelter-related provisions; otherwise follows MUR rules. § 9-3.102(5)
MUN — Mixed Use with Nonresidential
- Purpose: Implements Mixed Use with Nonresidential where nonresidential uses are prioritized. § 9-3.102(6)
- Typical permitted uses: broader nonresidential mixed-use groups; residential may be limited or conditional depending on the Table. § 9-3.202
OT / OT/DH — Office/Technology (incl. Doyle-Hollis North)
- Purpose: Implements Office/Technology development and supports research/tech uses; OT/DH contains area-specific provisions. § 9-3.304
- Typical permitted uses: offices, research & development, limited retail serving immediate area (OT); some retail limits do not apply in OT/DH. § 9-3.304
- Key dimensional standards: FAR and height per the General Plan maps; indoor uses serving surrounding area only in OT as stated in § 9-3.304. § 9-4.201
Industrial (INL / INH) and other zones
- Purpose: Industrial zones (and subtypes) are intended for manufacturing, distribution, arts-industrial, and related uses described in Chapter 2. § 9-3.102 & Chapter 2 use definitions
- Typical permitted uses: Arts-Industrial, Studio-Light, Manufacturing, Storage and Distribution as defined by Article 5 of Chapter 2 and shown in Table 9-3.202. § 9-2.807 § 9-3.202
P — Public; M — Marina; PO — Park/Open Space; SM — Shoreline Management; UT — Utilities/Transportation; PUD — Planned Unit Development
The city has specialized zones for public facilities (P), marina (M), park/open space (PO), shoreline management (SM), utilities/transportation (UT), and PUDs established by ordinance. See § 9-3.306–9-3.311 for zone descriptions; PO and SM impose special limitations (e.g., park-oriented commercial uses limited to 10% of park area and subject to findings). § 9-3.308 § 9-3.309 § 9-3.310
PUDs: A PUD may authorize uses different from the base zone but must be consistent with the General Plan; PUDs over 1 acre have special process requirements. § 9-3.310 § 9-7.1005
Quick reference table — decision-relevant items
| Topic | What matters to a land-use decision | Code Reference |
|---|---|---|
| Uses (what's allowed) | Table of permitted/conditional/prohibited uses is the starting point — Table 9-3.202. | § 9-3.202 |
| Mixed-use mix rules | MUR/MURS/MUN require specific mix of use groups on larger sites; single-use exceptions require CUP or PUD. | § 9-3.303(b) |
| Conditional use procedure | Minor vs major CUP rules and decision authority — Director vs Planning Commission. | § 9-7.503 |
| FAR (building intensity) | Maximum FAR set by General Plan Floor Area Ratio map; bonus FAR available via community benefits. | § 9-4.201; Table 9-4.201(a) |
| Height limits | Maximum height set by General Plan Height map; bonus height via Section 9-4.204 process. | § 9-4.202; § 9-4.204 |
| Setbacks / courts / open space | Site-specific dimensional rules and setbacks are in Chapter 4 (e.g., § 9-4.301). | § 9-4.301 |
| Accessory Dwelling Units | ADU rules and where ADUs are allowed are in Article 14 of Chapter 5. | § 9-5.1401 et seq. |
| Nonconforming uses | Restoration, expansion and substitution of nonconforming uses are tightly regulated. | §§ 9-5.1010–9-5.1012 |
| Parking and loading | Off-street parking standards and shared/alternative compliance rules are in Chapter 4, Article 4. See the city's parking rules. | § 9-4.401 et seq. |
How to read the Uses Table (practical guidance)
- Start at Table 9-3.202 to determine whether a use is P (permitted), C (conditionally permitted), X (prohibited), or CM (conditionally permitted with additional constraints). § 9-3.202
- Check whether overlay zones apply — overlay rules supersede base-zone rules where they conflict; blank overlay cells leave the base zone unchanged. § 9-3.202 explanatory text
- If a use is conditional, consult the CUP rules for whether it is a minor or major CUP (Director vs Commission) and which findings and noticing apply. § 9-7.503
- For intensity and height, consult the General Plan FAR and Height maps referenced in § 9-4.201 and § 9-4.202 rather than expecting a single numeric table per zone. § 9-4.201 § 9-4.202
For site design elements like setbacks, landscaping, and screening, consult Chapter 4; for building design and discretionary design controls consult Emeryville Design Review and Emeryville Landscaping and Screening.
Checklist (what an applicant must satisfy for a discretionary project)
- Confirm base zone and any active overlay zones for the parcel; reference Table 9-3.202 and overlay rules. § 9-3.202
- Verify whether the proposed use is permitted, conditionally permitted, or prohibited in that zone. § 9-3.202
- If conditional, determine whether a minor or major CUP is required and compile findings and public noticing materials. § 9-7.503
- Check parcel FAR and height map designations and any bonus program eligibility under § 9-4.204; prepare community-benefit/budget materials if seeking bonuses. § 9-4.201 § 9-4.204
- Prepare parking/loading calculations per Chapter 4 and site-specific landscape/screening plans; consult the Emeryville Parking page and Chapter 4. § 9-4.401 et seq.
- Check whether the project triggers design review and prepare materials accordingly; consult the Emeryville Design Review rules. Verify objective standards in § 9-7.1604. § 9-7.1604
- If proposing an ADU, follow Article 14 standards (parking exceptions, size limits, and where allowed). See the city ADU rules and state requirements. § 9-5.1401 et seq.
- Confirm nonconforming/use-substitution rules if converting or expanding an existing nonconforming use; submit the appropriate minor CUP or findings. §§ 9-5.1010–9-5.1012
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Mixed-use "mix" requirement on 1–5 acre sites | The code may require a mix of use groups (including residential in MUR/MURS) and forces CUP/PUD review on certain site sizes. Noncompliance triggers discretionary denial. | Confirm site area, whether the project is <1 acre, 1–5 acres, or >5 acres; apply § 9-3.303(b). § 9-3.303(b) |
| Numeric FAR/height for a parcel | Limits are map-based. Mistaking zone label for numeric limit causes wrong scope of entitlement. | Verify General Plan FAR and Height map designations that apply to the parcel; see §§ 9-4.201, 9-4.202. § 9-4.201 § 9-4.202 |
| Overlay zone conflicts | Overlay rules override base zone; an overlay blank cell leaves base unchanged. Failure to account for overlays can permit or prohibit intended uses. | Check overlay coverage and overlay-specific use entries in Table 9-3.202. § 9-3.202 explanatory text |
| Whether a CUP is minor vs major | Approval body changes (Director vs Commission); different notice, timeline, and appeal routes. | Check § 9-7.503 to see whether the proposed conditional use is eligible for a minor CUP. § 9-7.503 |
| Parcel-specific setback/yard metrics | Chapter 4 contains the rules but often relies on figures or map designations; numbers not always in a single table. | Confirm setbacks and open-space/court rules in § 9-4.301–9-4.303 and site-specific conditions. § 9-4.301 |
| Nonconforming use restoration thresholds | The amount of damage (75% threshold) and timing affect whether a use can be reestablished without CUP. | See § 9-5.1012 for restoration limits and timelines. § 9-5.1012 |
Plain-English Summary
Emeryville’s land-use rules use a master uses table plus zone-specific rules: check Table 9-3.202 to see if your activity is allowed, conditional, or prohibited; check the parcel’s FAR and height on the General Plan maps; and expect conditional review (minor or major) if the use is conditional or if you request bonus FAR/height. § 9-3.202 § 9-4.201 § 9-7.503
Source References
- Uses table and use matrix: Table 9-3.202 (Uses Permitted, Conditionally Permitted, and Prohibited) — § 9-3.202 (downloaded from https://ecode360.com/EM4426)
- Zoning districts (base zones list and purposes): § 9-3.102, CHAPTER 3 —
- Mixed-use zone mix rules and MUR/MURS/MUN: § 9-3.303 —
- Park/Open Space, Shoreline, PUD descriptions: § 9-3.308, § 9-3.309, § 9-3.310 —
- Conditional use permit procedures (minor/major): § 9-7.503 —
- FAR (building intensity): § 9-4.201 and Table 9-4.201(a) —
- Height and bonus process: § 9-4.202, § 9-4.204 —
- Accessory dwelling units: Article 14, Chapter 5 (e.g., § 9-5.1401) —
- Nonconforming uses, restoration and expansion: §§ 9-5.1010–9-5.1012 —
- Use-group definitions and industrial/mixed-use classifications: Chapter 2 (e.g., § 9-2.806, § 9-2.807) —
- Objective standards checklist (consolidated list): § 9-7.1604 —
If you need the full, parcel-specific numeric tables or the exact General Plan FAR/Height map designations for an address, verify with the City of Emeryville planning counter (Verify with the jurisdiction).
Sources
Retrieved passages
- Emeryville Zoning Code (Section 9-3.202.) High relevance
- Emeryville Zoning Code (Article 5) High relevance
- Emeryville Zoning Code (Article 11) High relevance
- Emeryville Zoning Code (Article 10) High relevance
- Emeryville Zoning Code (CHAPTER 4) High relevance
- Emeryville Zoning Code (Article 1) High relevance
- Emeryville Zoning Code (Article 5) High relevance
- Emeryville Zoning Code (Article 11) High relevance
Cited sections
- Uses table and use matrix: **Table 9-3.202** (Uses Permitted, Conditionally Permitted, and Prohibited) — § 9-3.202 (downloaded from ) (§ 9-3.202)
- Zoning districts (base zones list and purposes): **§ 9-3.102**, CHAPTER 3 — (§ 9-3.102)
- Mixed-use zone mix rules and MUR/MURS/MUN: **§ 9-3.303** — (§ 9-3.303)
- Park/Open Space, Shoreline, PUD descriptions: **§ 9-3.308**, **§ 9-3.309**, **§ 9-3.310** — (§ 9-3.308)
- Conditional use permit procedures (minor/major): **§ 9-7.503** — (§ 9-7.503)
- FAR (building intensity): **§ 9-4.201** and Table 9-4.201(a) — (§ 9-4.201)
- Height and bonus process: **§ 9-4.202**, **§ 9-4.204** — (§ 9-4.202)
- Accessory dwelling units: **Article 14, Chapter 5 (e.g., § 9-5.1401)** — (Article 14)
- Nonconforming uses, restoration and expansion: **§§ 9-5.1010–9-5.1012** — (§ 9-5.1010)
- Use-group definitions and industrial/mixed-use classifications: Chapter 2 (e.g., **§ 9-2.806**, **§ 9-2.807**) — (Chapter 2)
- Objective standards checklist (consolidated list): **§ 9-7.1604** — (§ 9-7.1604)
- Emeryville_ZoningCode.md
Frequently asked questions
What can I build on an R-1 lot in Emeryville?
Emeryville does not use a generic "R-1" label in the current Title 9 excerpts; instead it uses RM, RMH, RH and mixed-use zones. Consult Table 9-3.202 to see which residential categories (single-unit, two-unit, multi-unit) are permitted in RM/RMH/RH and confirm the parcel’s zone on the zoning map. § 9-3.102 § 9-3.202
What are Emeryville setback requirements?
Setbacks and court/open-space rules are in Chapter 4 (e.g., § 9-4.301 and related figures). Numeric setbacks are assigned in those sections and may vary by zone and project type; for a parcel-specific number, verify the zoning map and site plan requirements. § 9-4.301
Do I need a conditional use permit (CUP) for a proposed commercial use?
If the use is listed as C (conditionally permitted) in Table 9-3.202, a CUP is required. Whether it is a minor or major CUP depends on criteria in § 9-7.503 (Director vs Planning Commission). § 9-3.202 § 9-7.503
Where are the permitted/conditional uses listed?
All permitted, conditionally permitted, and prohibited uses are summarized in Table 9-3.202 (Uses Permitted, Conditionally Permitted and Prohibited). Always consult the overlay columns because overlays can modify base-zone permissions. § 9-3.202
How are FAR and height controlled in Emeryville?
Maximum FAR and height are set by the General Plan Floor Area Ratio map and Height map (referenced in § 9-4.201 and § 9-4.202) and implemented via Table 9-4.201(a) and the height tables. Bonus FAR/height is available under the community-benefit rules in § 9-4.204. § 9-4.201 § 9-4.202 § 9-4.204
Can I get extra FAR or height?
Yes — Emeryville allows bonus FAR/height for projects that provide community benefits (affordable housing, etc.) following the procedures and point system in § 9-4.204; some bonus actions require a CUP and/or City Council approval. § 9-4.204
Are ADUs allowed in residential zones?
ADUs are regulated in Article 14 of Chapter 5 (starting with § 9-5.1401) and are allowed where those rules apply; there are specific size, parking, and approval rules in that Article. See the city's ADU guidance for details and state law interactions. § 9-5.1401 et seq.
How do overlays affect allowed uses?
Overlay zone rules supersede base zone permissions where they conflict. If an overlay cell is blank in the uses table, the base-zone rule remains in effect. Always check overlay columns in Table 9-3.202. § 9-3.202 explanatory text
If a building is damaged, can I rebuild with the same nonconforming use?
If damage is ≤75% of replacement cost, restoration is allowed provided a building permit is applied for within six months; if >75%, restoration may require a minor CUP and findings. See § 9-5.1012 for the thresholds and timing. § 9-5.1012
Where do I find parking requirements for a new use?
Off-street parking and loading rules are in Chapter 4, Article 4 (starting § 9-4.401), including shared parking and bicycle parking rules. Consult the Emeryville Parking page for practical application. § 9-4.401 et seq.
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