Emeryville — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page summarizes how Emeryville's Planning Regulations treat nonconforming uses, nonconforming structures, and nonconforming lots under Title 9 (Planning and Zoning). It explains the City's rules for continuation, repair, expansion, substitution, abandonment, and restoration — and points to the specific code sections you must rely on when proposing changes. See the City's zone rules and development standards before planning work on a nonconforming property: consult the Emeryville development standards and the underlying Emeryville Zoning maps referenced in the code. All legal requirements cited below come from the Emeryville Planning Regulations (Title 9).

Article 10 of Chapter 5 (Nonconforming Uses and Structures) is the controlling text. Key operative rules are summarized here with direct code citations you should quote in staff meetings or permit filings: § 9-5.1001 through § 9-5.1014.

What the code allows and prohibits (short list)

• A lawfully established nonconforming use or structure generally may continue indefinitely if it has been continuously maintained since it became nonconforming (§ 9-5.1009).
• Maintenance and repairs are allowed so long as they do not expand the structure or use, unless an expansion is approved through the permit routes the code prescribes (§ 9-5.1009(b); § 9-5.1011).
• A nonconforming use may be changed to a permitted or conditionally permitted use; doing so terminates the original nonconforming right (§ 9-5.1010(a)–(b)).
• Expansion, substitution, or restoration beyond certain thresholds requires a minor conditional use permit (or a conditional use permit for increases in bonus density/FAR/height) and additional findings protecting public welfare and nearby redevelopment (§ 9-5.1010–9-5.1012).
• Abandonment rules: if a nonconforming use is abandoned for 90 days or less it may be reestablished; for >90 days but <1 year it may be reestablished only upon approval of a minor conditional use permit; abandonment of one year or more terminates the right (§ 9-5.1013).
• Some nonconforming categories are excepted from Article 10 (notably residential uses that were lawfully established and continuously maintained are deemed conforming; nonconforming signs are governed by a separate section) (§ 9-5.1003).

Note: the Director (Community Development Director) is the first-line authority to determine whether a use or structure is legally nonconforming; that determination may be appealed to the Planning Commission (§ 9-5.1006).

District-by-district practical summary

Below are the main Emeryville base zones named in the zoning chapter. For each zone I list the statutory purpose, typical permitted uses (by use group), key dimensional standards that commonly create nonconformities (setbacks, height, FAR), and where the zone applies in the City. For specific parcels, always verify the Zoning Map and the applicable overlay. See Emeryville overlay districts rules for overlays that can alter allowed uses. Each district entry cites the code passages that define that zone or the standards that most often matter to nonconforming determinations.

Note: the code groups zones into categories; the excerpts below follow the City's headings and cite the controlling sections for uses and dimensional rules.

RM — Medium Density Residential

• Purpose: medium-density housing (multi‑unit) and limited ground-floor services where allowed. § 9-3.302.
• Typical permitted uses: single-unit, two-unit, three- and four-unit, small group residential, and accessory residential uses; some ground-floor commercial uses only as allowed in § 9-3.202.
• Key dimensional standards that cause nonconformity complaints: front/side/rear setbacks per Table 9-4.301(a), height districts in § 9-4.202, and FARs as mapped (§ 9-4.201).
• Where it applies: mapped residential parcels across the city — consult the official zoning map figure in Chapter 3. § 9-3.104.

RMH — Medium‑High Density Residential

• Purpose/uses: similar to RM but allows higher-density multi-unit development and a wider mix of ground-floor commercial where mapped. § 9-3.302.
• Dimensional triggers: same code references for FAR and height; differing minimum setbacks for RMH in Table 9-4.301(a) (e.g., smaller front setbacks in some contexts). § 9-4.301; § 9-4.201; § 9-4.202.

RH — High Density Residential

• Purpose/uses: the highest-density residential zones; allows five-or-more multi‑unit projects subject to the code's density and design standards. § 9-3.302.
• Dimensional triggers: height and FAR limits mapped under § 9-4.201/9-4.202 and yard rules in § 9-4.301; rooftop projections and allowed exceptions are addressed in § 9-4.202(c).

MUR / MURS / MUN — Mixed‑Use Zones (MUR, MURS, MUN)

• Purpose: integrate residential and commercial uses in designated corridors/sites; MUR and MURS emphasize residential mixes while MUN is non‑residential mixed use. § 9-3.303.
• Typical uses: ground-floor retail, offices, restaurants, and multi‑unit housing (mix requirements apply for developments ≥1 acre). § 9-3.303(b).
• Dimensional standards: floor area ratio (map-based) § 9-4.201, height § 9-4.202, and minimum setbacks § 9-4.301. Nonconforming uses in a mixed‑use zone are treated under Article 10.

OT / DH — Office / Technology and Downtown/High‑density (OT, DH)

• Purpose/uses: OT supports office, R&D, and compatible uses; DH (Downtown/High) supports denser commercial/office uses and some residential. See Article 3 (Base Zone Regulations). § 9-3.304 and related tables § 9-3.202.
• Dimensional standards: building floor-to-ceiling specifications (e.g., 14' ground-floor for office/R&D) and height/FAR map controls § 9-4.202; § 9-4.201.

INL / INH — Industrial: Light (INL) and Heavy (INH)

• Purpose/uses: manufacturing, research, light industrial activities; the code defines allowed industrial use types in Table 9-3.202. § 9-3.305.
• Relevance to nonconforming uses: industrial operations that became nonconforming (e.g., due to added performance or buffering standards) are specially addressed — incompatible uses (listed in § 9-5.1007) may be continued but cannot be expanded or reestablished after abandonment >90 days.

P / PO / M / SM / UT — Public, Park/Open, Marina, Shoreline, Utilities

• Purpose/uses: public facilities (P), parks/open space (PO), marina (M), shoreline management (SM), and utilities/transportation (UT) each have special rules (see §§ 9-3.306–9-3.311). Public uses have broader allowances for repair and replacement under § 9-5.1003(d) (Article 10 exception).

Important operational note: whether a use is permitted, conditionally permitted, or prohibited in a base zone is displayed in Table 9-3.202 (Uses Permitted, Conditionally Permitted and Prohibited). That table is the practical first step in any nonconforming analysis for a parcel.

Decision‑relevant standards (quick reference table)

Practical guidance and process notes

• Start with a legal-history packet: deeds, old permits, business licenses, dated photos, and utility records to prove the use/structure was lawfully established before the ordinance change (Director makes determinations under § 9-5.1006).
• For any physical change that increases floor area, density, or height you will need to check the mapped FAR and height limits (§ 9-4.201; § 9-4.202) — increases to bonus FAR/height require the conditional use permit findings in § 9-4.204/9-7.502.
• When expanding a nonconforming use, anticipate the Director requiring conditions (landscaping, screening) or setting a termination date for the nonconforming right (§ 9-5.1005).
• Remember overlays and other chapters can change what is permitted on the parcel — verify overlay rules and any design-review triggers (see the City's overlay districts and Emeryville design review rules).
• For parking consequences of an expanded floor area, check the parking chapter and the City's parking policies; the nonconforming expansion must comply with parking requirements for the new floor area (§ 9-5.1011(4); Article 4 of Chapter 4).

Links to other local procedures you'll likely need during a nonconforming review: Emeryville development standards, design review, parking, variances and exceptions, and, if your project involves an ADU, Emeryville ADUs. Also confirm building work with the California Building Standards Code (Title 24). (These links are to procedural/menu pages in the city's planning menu.)

Checklist

• Collect dated evidence showing the use/structure was lawfully established before the applicable regulation changed (required for § 9-5.1006 determination).
• Confirm whether the use is listed as an incompatible use under § 9-2.701 (if so, be prepared for strict limits on expansion or reestablishment).
• Determine whether proposed work is maintenance/repair (allowed) or an expansion (requires minor CUP/CUP) per § 9-5.1009–9-5.1011.
• If expansion/restoration requires a permit: prepare findings showing no increase in nonconformity for density/FAR/height/setbacks/parking and compliance with performance standards (§ 9-5.1011).
• If the nonconforming use was abandoned, check the abandonment clock (≤90 days, >90 & <1 year, ≥1 year) and prepare the needed CUP if applicable (§ 9-5.1013).
• For restoration after damage, calculate replacement cost and follow the 6‑month application requirement if repair is eligible (§ 9-5.1012).
• Coordinate parking impacts with the City’s parking rules and apply for parking adjustments if needed (§ 9-5.1011(4); Article 4, Chapter 4).

Risks & Ambiguities

Plain‑English summary

If your Emeryville property had a lawful use or building before the current zoning rules changed, you can usually keep using it — you can fix and maintain it, but you cannot expand or re-start it after a long abandonment unless you follow the permit rules. Repairs and small work are allowed; larger expansions, restorations after major damage, or reestablishing an abandoned use trigger discretionary review and findings in the municipal code (§ 9-5.1009–9-5.1013).

Source References

• Emeryville Planning Regulations, Article 10, Nonconforming Uses and Structures: § 9-5.1001 – § 9-5.1014 (Article-wide and specific subsections cited in text)
• Determination and appeal authority (Director / Planning Commission): § 9-5.1006; § 9-7.105.
• Incompatible uses definition: § 9-5.1007; use lists and tables: § 9-2.701 and Table 9-3.202 (Uses Permitted/Conditionally Permitted/Prohibited).
• Nonconforming lots rule: § 9-5.1008.
• Expansion and change/substitution rules: § 9-5.1010; § 9-5.1011.
• Restoration after damage: § 9-5.1012.
• Abandonment and reestablishment: § 9-5.1013.
• Definitions and exceptions (residential exceptions, signs): § 9-5.1003; § 9-5.1004.
• Zoning district purpose and uses (Residential, Mixed Use, etc.): § 9-3.302; § 9-3.303; § 9-3.310; Table 9-3.202.
• Site development dimensional standards (setbacks, FAR, height): § 9-4.301; § 9-4.201; § 9-4.202.

Primary source repository: Emeryville Municipal Code (Planning Regulations), as published on eCode360: https://ecode360.com/EM4426.

Retrieved passages

• Emeryville Zoning Code (Section 9-5.1011.) High relevance show source text
• Emeryville Zoning Code (Article 11) High relevance show source text
• Emeryville Zoning Code (Article 14) High relevance show source text
• Emeryville Zoning Code (Article 5) High relevance show source text
• Emeryville Zoning Code (Section 9-5.1007) High relevance show source text
• Emeryville Zoning Code (article shall) High relevance show source text
• Emeryville Zoning Code (Section 9-5.1007) High relevance show source text
• Emeryville Zoning Code (Article 10) High relevance show source text
• Emeryville Zoning Code (Section 9-3.310) High relevance show source text
• Emeryville Zoning Code (Section 9-4.204.) Medium relevance show source text
• Emeryville Zoning Code (Section 9-4.407.) Medium relevance show source text
• Emeryville Zoning Code (Section 9-1.202.) Medium relevance show source text
• Emeryville Zoning Code (§ 66314) Medium relevance show source text
• Emeryville Zoning Code (§ 66333) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Emeryville Zoning Code Medium relevance show source text
• Emeryville Zoning Code (Section 9-3.404.) High relevance show source text
• Emeryville Zoning Code (Article 5) Medium relevance show source text
• Emeryville Zoning Code Medium relevance show source text
• Emeryville Zoning Code (Section 9-5.1203) Medium relevance show source text
• Emeryville Zoning Code (Section 9-5.510) Medium relevance show source text
• Emeryville Zoning Code (Section 9-5.1504) Medium relevance show source text

Cited sections

• Emeryville Planning Regulations, Article 10, Nonconforming Uses and Structures: **§ 9-5.1001** – **§ 9-5.1014** (Article-wide and specific subsections cited in text) (Article 10)
• Determination and appeal authority (Director / Planning Commission): **§ 9-5.1006**; **§ 9-7.105**. (§ 9-5.1006)
• Incompatible uses definition: **§ 9-5.1007**; use lists and tables: **§ 9-2.701** and **Table 9-3.202** (Uses Permitted/Conditionally Permitted/Prohibited). (§ 9-5.1007)
• Nonconforming lots rule: **§ 9-5.1008**. (§ 9-5.1008)
• Expansion and change/substitution rules: **§ 9-5.1010**; **§ 9-5.1011**. (§ 9-5.1010)
• Restoration after damage: **§ 9-5.1012**. (§ 9-5.1012)
• Abandonment and reestablishment: **§ 9-5.1013**. (§ 9-5.1013)
• Definitions and exceptions (residential exceptions, signs): **§ 9-5.1003; § 9-5.1004**. (§ 9-5.1003)
• Zoning district purpose and uses (Residential, Mixed Use, etc.): **§ 9-3.302; § 9-3.303; § 9-3.310; Table 9-3.202**. (§ 9-3.302)
• Site development dimensional standards (setbacks, FAR, height): **§ 9-4.301; § 9-4.201; § 9-4.202**. (§ 9-4.301)
• Emeryville_ZoningCode.md
• 2025 California ADU handbook.md

• Official Emeryville code library