Hercules Zoning, Planning & Building Codes

Last reviewed: July 3, 2026

Overview

Hercules's primary land-use rulebook is the City’s Title 13, the City of Hercules Zoning Ordinance (commonly called the "Zoning Ordinance") which establishes district rules, development standards, and review procedures — see § 13-1.100 and § 13-1.200 for the Title and its components. The Ordinance is organized to implement the General Plan and to keep a public copy of the regulations and Zoning Map on file with the City Clerk and Community Development Director — see § 13-1.400 and § 13-1.200.

How Hercules's code is organized

• The Zoning Ordinance is codified as Title 13 and is divided into five divisions: General Provisions; Zone District Regulations; Property Development and Use Regulations; Administration; and Definitions. See § 13-2.100 for the Division layout and basic organization.
• The City maintains a single Zoning Map that places every parcel into a zoning district; zoning-map rules and amendment procedures are in § 13-5.210.
• Procedures (filing, review roles, and who administers the code) live in Division IV; the Community Development Director is the primary administrator (§ 13-40.200) and the application filing and permit paths are defined in Chapter 13-40.

(If you want the ordinance index and maps, start at the City’s zoning landing: Hercules Zoning.)

Zoning district families (citywide)

Hercules groups its zoning into families and many individual districts; the Ordinance describes each district’s purpose, permitted uses and property standards.

Major district families and example districts:

• Residential families: RS‑L, RS‑E, RM‑L, RM‑M, RM‑H (single‑ and multi‑family types with different site coverage and height caps) — see Table 13‑6.1 and the residential standards in § 13-6.500.
• Commercial families: general commercial C districts and mixed PC‑R (Planned Commercial‑Residential) and PC‑I (Planned Commercial‑Industrial) — see § 13-8.100 and § 13-15.100 for PC‑R purposes.
• Industrial / Mixed‑use: I‑R (Industrial‑Residential mixed‑use) with its own table of FAR, setbacks and heights (see Table 13‑13.2 and associated property development regulations).
• Public / Quasi‑Public: P/QP‑C, P/QP‑P, P/QP‑S etc., with FAR and typical building heights listed in the district table (see § 13-10.500).
• Historic Town Center: HTC with specific goals to preserve the Railroad Avenue character and limits on density/FAR in the waterfront/historic core — see § 13-12.100.
• New Town Center (NTC): NTC (transit‑oriented, dense mixed‑use) with explicit ranges for residential units/acre, FAR, minimum and maximum building heights and zero front/setback expectations in many locations — see the NTC property table and § 13-18.100 / § 13-18.500.

Each district chapter contains: the specific purpose, review/permit triggers, performance standards and a Table of Property Development Regulations that lists site area, density (FAR or du/acre), setbacks, maximum site coverage, landscaping minima and building heights (see the structure repeated across chapters; e.g., § 13-15.100 for PC‑R and the PC‑R property table).

Citywide development standards (high level)

• The Ordinance centralizes general standards in Division III (Chapter 13‑30). Basic rules—setbacks, yard measurement, projections, coverage and FAR—are mandatory citywide unless a district table or planned development plan provides a district‑specific rule: see § 13-30.100, § 13-30.200, § 13-30.210, § 13-30.220, and § 13-30.300.
  • Setbacks and measurement: setbacks measured as horizontal distance from the property line to the building face (§ 13-30.210); allowed projections into setbacks (eaves, bays, uncovered balconies) are specified in § 13-30.220.
  • Coverage and FAR: district tables list allowable site coverage and FAR; general measurement rules and exemptions (and the City's ability to consider development agreements that affect typical FAR) are in § 13-30.300 and § 13-30.320.
  • Residential density and usable open space formulas are centralized in § 13-30.400 and related subsections.
• Parking requirements are handled in a dedicated chapter (Chapter 13‑32). Individual district tables refer to parking by pointing to that chapter or to a Planned Development Plan (PDP) when the site is governed by PDP rules — see multiple district tables that reference Chapter 13‑32 (for example Table entries for CP, NTC, and I‑R). (See Hercules' parking page: Hercules Parking.)
• Landscaping, screening, and limits on paving/hardscaping in yards are set out in Chapter 13‑30 (e.g., front‑yard hardscape limits and permeable landscaping minima at § 13‑30.750 and open space rules at § 13‑30.800).

(For the consolidated development rules, see Hercules Development Standards.)

Design and discretionary review

• Design review is a required step for most new construction and exterior alterations: the purpose and the threshold for which projects go to Planning Commission versus administrative director are in § 13-42.100 and § 13-42.200 — the Commission reviews major projects while smaller additions and accessory items can be administratively approved. (See Hercules Design Review.)
• Design review applications must supply scaled site plans, elevations, materials, landscaping, lighting and parking information; final design approvals are required before building permits are issued for projects subject to design review (§ 13-42.300, and the design review steps embedded in planned development final stage § 13-48.500).

Specific plans, planned developments & overlays

• Specific Plans: Chapter 13‑49 establishes how a Specific Plan is prepared, adopted and used; Specific Plans must be consistent with the General Plan and can carry their own mandatory standards for an area — see § 13-49.100 through § 13-49.700.
• Planned Development Plans (PDP): Chapter 13‑48 allows an applicant and the City to craft a PDP that can adjust district standards (setbacks, lot sizes, etc.) when the PDP is consistent with the General Plan and makes the findings in § 13‑48.600; PDPs have conceptual, initial and final stages, and final PDP approval plus design review are required before building permits (§ 13-48.200, § 13-48.500, § 13-48.600).
• Waterfront & area/regulating codes: the City uses a Waterfront District Master Plan / Regulating Code for the Village, Refugio, Historic Town Center, Transit Village and Hercules Point; Chapter 13‑27 contains the Waterfront District Master Plan rules and sub‑districts with their own regulating maps and standards.
• Overlay districts: the Ordinance applies overlay districts aligned to the General Plan and Zoning Map; overlay rules and their relationship to zoning tables are explained in § 13-1.400 and referenced throughout Division II. (See Hercules Overlay Districts.)

Building permits & the permit path (practical orientation)

• High‑level path: determine zoning and applicable district table / specific plan → confirm required discretionary steps (administrative or conditional use permit, design review, PDP or specific plan) → secure design review / use permits / PDP approvals and environmental clearance if required → apply for building permits. The administrative/filing rules and responsibility of the Community Development Director are set out in § 13-40.100 and § 13-40.200.
• Zoning clearance: the City uses a zoning clearance framework implemented through use permits, development plans and design review, and building permits are checked against zoning before Certificates of Occupancy are issued (§ 13-5.700).
• Use permits: Chapter 13‑50 defines the use permit process, purpose and findings for administrative or conditional use permits; many uses listed in district tables are allowed only with an administrative or conditional use permit — see § 13-50.100 and the various district "See Also" notes.
• Variances and minor modifications: requests to relax numeric standards (setbacks, height, FAR) use Chapters 13‑51 (variances) and 13‑46 (minor modifications) with explicit findings and a Planning Commission review step where variances are requested — see § 13‑51.200–51.400.

If your project is large or complex, use the optional PDP conceptual stage (Chapter 13‑48.300) to get early feedback before formal submittal.

State housing and building law: how it interacts with Hercules

• Density bonus: Hercules implements California’s Density Bonus Law. The local density‑bonus procedure and application timing are embedded in Chapter 13‑30 (see § 13‑30.420, § 13‑30.430, § 13‑30.440) and explicitly defers to Government Code § 65915 et seq. when there is conflict. This means applicants can submit density bonus requests concurrently with the first discretionary permit and the City processes them per state law.
• Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs): Hercules has a local ADU rule set (see § 13‑35.320 and related subsections). The local code adopts the usual state allowances (limits on size, setbacks, single ADU + JADU per lot unless multiple ADUs are expressly permitted, and certain height and setback relaxations near transit); for the ADU standards see § 13‑35.320 (detached/attached/within existing space rules, 4‑ft side/rear setback options, height caps and building‑code references). (See Hercules ADUs and note statewide rules at California ADU law.)
• SB 9 / two‑unit and urban lot split rules: Hercules codified ministerial two‑unit and urban‑lot‑split exceptions in Chapter 13‑36 (definitions at § 13‑36.200, applicability and objective standards at § 13‑36.300–13‑36.400). The City lays out objective zoning standards and restrictions (historic property exclusion, legal parcel tests, flood/contamination/fault exclusions) that apply to two‑unit developments and urban lot splits.
• Building code: building‑construction technical standards remain the California Building Standards Code (Title 24); Hercules references that state code for seismic, fire‑safety and other building standards when applying local site rules (see cross‑references in § 13‑36.300 and other sections). (See California Building Standards Code.)
• Rent control / tenant protections: a local rent‑control ordinance is not identified in the Zoning Ordinance materials reviewed; housing production and affordability are implemented through density bonuses, inclusionary requirements and permit incentives described in § 13‑30.420 and related sections. Verify directly with the City for rent‑control or tenant‑protection ordinances (Not found in retrieved materials).

Practical takeaways for a Hercules project

• Always start by confirming the parcel’s zoning on the City Zoning Map and the district table for that chapter (district tables contain the numeric maxima/minima: setbacks, heights, FAR or du/ac, landscape minima) — see § 13‑5.210 and the district chapter's "Property Development Regulations" table.
• If the property sits in a Specific Plan or within the Waterfront Regulating Code, the Specific Plan or Regulating Code standards can control (Chapter 13‑27 and 13‑49 explain these relationships).
• For projects that seek to change numeric standards or do something not explicitly allowed, use Planned Development (Chapter 13‑48) or request variances (Chapter 13‑51) and expect the associated findings and public hearing steps.

Information gaps / items to verify with the City

• The Zoning Ordinance text in the materials here is substantial, but up‑to‑date local administrative guidelines, fee schedules, and the current Zoning Map should be obtained from the City Clerk or Community Development Department (the ordinance itself directs that current maps and adopted amendments be kept on file — § 13‑1.200 and § 13‑5.210).

Source References

• City of Hercules, Title 13 — City of Hercules Zoning Ordinance (Title, organization and components): § 13-1.100, § 13-1.200, and § 13-1.400.
• Organization and administration (divisions, administration): § 13-2.100, § 13-2.300.
• Zoning map and application of district regs: § 13-5.210, § 13-5.400, § 13-5.700.
• Property development standards (setbacks, FAR, coverage): § 13-30.100, § 13-30.200, § 13-30.210, § 13-30.220, § 13-30.300.
• Design review: § 13-42.100, § 13-42.200, § 13-42.300.
• Planned Development: Chapter 13-48 (conceptual/initial/final stages and findings — § 13-48.200, § 13-48.500, § 13-48.600, § 13-48.800).
• Specific Plans: Chapter 13-49 (purpose, content, consistency): § 13-49.100–13-49.700.
• ADUs: ADU standards (attached/detached/JADU, setbacks, height, exceptions) — see § 13-35.320 and ADU subsections.
• SB 9 / two‑unit and urban lot split rules: Chapter 13-36 (definitions § 13-36.200, applicability § 13-36.300, objective standards § 13-36.400).
• NTC district and Waterfront Master Plan: § 13-18.100, § 13-18.500, and § 13-27.100 (Waterfront).