Local zoning · Hercules

Hercules — Land Use

Land Use under the Hercules local zoning and planning code, with the controlling citations.

Last reviewed: July 2, 2026

Overview

This page summarizes what the Hercules Zoning Ordinance (Title 13) actually says about land use: how allowable uses are organized, how the City treats permitted versus conditional uses, and the most decision-relevant district rules you will encounter when proposing a change of use or new development. It is grounded to the local ordinance text; where the ordinance is silent I note that the item is "Not found in retrieved materials." For how proposals interact with site layout, see the city's Hercules Development Standards. For parking requirements, see the Hercules Parking page.


Major rules in plain terms:

  • The Ordinance organizes allowable activities by zoning district using land-use tables; each table shows whether a use is Permitted (P), allowed with an Administrative Use Permit (A), or allowed only with a Conditional Use Permit (C). See § 13-5.300 .
  • The Community Development Director makes determinations about whether a proposed use is similar to listed uses and therefore allowed — appeals go to the Planning Commission/City Council. See § 13-5.300 .
  • Many districts require design review and compliance with citywide performance standards; planned development plans are required in some districts for larger projects. See, for example, § 13-14.200 and § 13-14.400 (PC‑I) .

How the ordinance treats Land Uses (the basics)

  • The Ordinance uses broad "use categories" and a land-use regulations table in each chapter to show which use categories are P / A / C / not allowed. The rules for interpreting and adding uses are in § 13-5.300 and § 13-5.310 .
  • Use permits include Administrative Use Permits (AUP), Conditional Use Permits (CUP), and Temporary Use Permits; the application, review authority and submittal contents are in Chapter 13-50 (notably § 13-50.200). AUPs are issued by the Community Development Director, CUPs by the Planning Commission; the Director may refer an AUP to the Commission, converting it to a CUP for review. See § 13-50.200 .
  • Use permits run with the land (recording requirement for CUPs) and are indicated on the zoning map as required; see § 13-50.800 and § 13-50.850 .

When the code refers to site layout, parking, or signage, you must also follow city chapters on parking, signage, and development standards.


District-by-district breakdown

Below are the Hercules zoning districts for which the ordinance provides explicit land-use tables and property standards. Each subsection lists the district purpose, typical permitted uses (by category), key dimensional/property-development standards, and the authoritative ordinance citation.

Residential districts — RS‑E, RS‑L, RM‑L, RM‑M, RM‑H

Purpose: Provide for single‑family, small‑lot and multi‑family residential development; implement General Plan residential goals, allow a range of housing forms including ADUs and supportive housing where the table permits. See § 13-6.400 .

Typical permitted uses:

  • Single‑family homes: P in RS‑E and RS‑L; conditional or permitted in various multifamily districts per Table 13‑6.1. See § 13-6.400 .
  • Accessory Dwelling Units (ADUs): Allowed in the residential districts (see Table 13‑6.1 and the ADU rules referenced at § 13-35.320). See § 13-6.400 . See Hercules ADU guidance: Hercules ADUs.
  • Family daycare homes (≤14 children): Permitted in most residential districts (Table 13‑6.1). See § 13-6.400 .

Key dimensional/property standards:

  • Setbacks, lot sizes, site coverage and usable open space are in Table 13‑6.2; exemptions for small accessory structures are noted. See § 13-6.500 and § 13-6.400 .
  • Design review and performance standards for development are required per Chapter 13-31 and district rules; see § 13-6.400 .

Where it applies: City residential neighborhoods and multi‑family areas — check the Hercules zoning map for exact parcel designation. Verify with the jurisdiction for parcel‑specific rules.

Commercial districts (general commercial chapters)

Purpose: Allow retail, services, restaurants and other commercial activities; larger commercial or recreational projects may require planned development review. See § 13-8.400 .

Typical permitted uses:

  • Retail sales, restaurants, personal and business services, with size thresholds triggering A vs C status in many cases (see Table 13‑8.1). See § 13-8.400 .
  • Larger shopping centers and high‑impact entertainment uses commonly require CUP or planned development. See § 13-8.200 and § 13-8.400 .

Key dimensional standards:

  • Table 13‑8.2 (property development regulations) contains front/side/rear setbacks and site coverage minimums; planned development plans (Chapter 13‑48) are required for major projects. See § 13-8.500 and § 13-8.200 .

Where it applies: Commercial corridors and centers; consult the zoning map for parcel designations.

Note: The code uses use tables rather than enumerating every retail subtype — the Community Development Director decides on similar/analogous uses per § 13-5.300 .

Planned Commercial‑Industrial Mixed‑Use — PC‑I

Purpose: Mixed commercial/industrial uses visible from I‑80 and SR‑4; encourages light industrial/R&D uses and attractive site design. See § 13-14.100 and § 13-14.400 .

Typical permitted uses:

  • Business industrial services, light manufacturing: A (Administrative Use Permit) in many cases; warehouses and distribution often allowed only if serving Hercules businesses or as C uses. See Table 13‑14.1 § 13-14.400 .

Key dimensional/property standards:

  • Typical FAR range 0.25–0.50 (typical 0.30), front setback 20 ft, rear 20 ft, side 10 ft (lesser setbacks may be approved via PDP). See Table 13‑14.2 and § 13-14.500 .

Where it applies: Parcels near highways/corridors; planned development plan requirements may apply for subdivision or phased development. See § 13-14.200 .

Planned Commercial‑Residential Mixed‑Use — PC‑R

Purpose: Integrate residential and commercial uses (live‑work, multifamily with ground‑floor commercial). See § 13-15.100 and § 13-15.400 .

Typical permitted uses:

  • Multifamily dwellings and live‑work units: Permitted in PC‑R (see Table 13‑15.1). Accessory Dwelling Units permitted per reference in the table. See § 13-15.400 .
  • Retail and service uses are allowed with size-based A/C distinctions; restaurants with liquor often require CUP. See Table 13‑15.1 § 13-15.400 .

Key dimensional/property standards:

  • Table 13‑15.2 contains setbacks, heights and coverage rules; performance standards and design review apply. See § 13-15.500 and § 13-15.400 .

Where it applies: Mixed‑use nodes and redevelopment areas.

Industrial — I

Purpose: Allow a range of industrial activities emphasizing light industrial and technology‑related uses, while limiting heavy toxic or high‑impact industrial operations. See § 13-9.100 and § 13-9.400 .

Typical permitted uses:

  • Light manufacturing, business industrial services, warehouses (most allowed with A or C as listed); heavy manufacturing and refineries are restricted or require CUP. See Table 13‑9.1 § 13-9.400 .

Key dimensional/property standards:

  • Minimum site area 20,000 sf, FAR range 0.30–0.50 (typical 0.40), building height 35 ft; setbacks vary and increase when adjacent to residential (see Table 13‑9.2). See § 13-9.500 and § 13-9.400 .

Where it applies: Established industrial areas; hazardous uses are curtailed by performance standards. See § 13-9.300 .

Industrial‑Residential Mixed‑Use — I‑R

Purpose: Allow creative/low‑impact industrial uses along with residential or live‑work to encourage art, small‑scale makers and compatible housing. See § 13-13.100 and Table 13‑13.1 .

Typical permitted uses:

  • Artist studios, “cottage” or start‑up industries, live‑work units (A) are identified; higher impact industrial uses are not permitted. See § 13-13.1 / Table 13‑13.1 .

Key dimensional/property standards:

  • Typical FAR 0.50 (residential density caps apply), building height 40 ft, lot sizes typical 5,000 sf, setbacks front 10 ft / rear 20 ft / side 5 ft (may be adjusted in PDP). See Table 13‑13.2 § 13-13.500 .

Where it applies: Transition areas between industrial and residential uses.

Central/Public Mixed‑Use — CP

Purpose: Transit‑oriented or public/civic mixed‑use nodes that support public facilities and active ground‑floor uses. See Table 13‑11.1 and § 13-11.500 .

Typical permitted uses:

  • Government offices, libraries, park/recreation facilities, small retail under size thresholds (A vs C distinctions). Transit facilities are generally C (CUP). See Table 13‑11.1 § 13-11.1 .

Key dimensional/property standards:

  • FAR range 0.10 to 1.00 (typical 0.30), building height up to 50 ft; parking/ setbacks may be governed by PDP for some sites. See Table 13‑11.2 § 13-11.2 .

Where it applies: Core civic and transit areas.

Historic Town Center — HTC

Purpose: Maintain downtown/historic town center character, with compatible residential and public uses. See Table 13‑12.1 and § 13-12.500 .

Typical permitted uses:

  • Residential, small commercial and civic uses, with allowances for daycare and museums; public safety facilities are C in some subdistricts. See Table 13‑12.1 § 13-12.500 .

Key dimensional/property standards:

  • Typical FAR range 0.15–0.40, building height 35 ft, frontage/lot standards and setbacks appear in Table 13‑12.2. See § 13-12.500 .

Where it applies: Hercules town center and historic core.

New Town Center / Transit‑Oriented — NTC

Purpose: Mixed‑use district oriented to transit with emphasis on pedestrian‑oriented retail, housing and transit support uses. See Table 13‑18.1 and § 13-18 (NTC) .

Typical permitted uses:

  • Multifamily dwellings, townhouses, convenience retail (size‑dependent), transit facilities (many transit facilities are C). See Table 13‑18.1 § 13-18.1 .

Key dimensional/property standards:

  • Land use table controls mix; property development standards and parking tailored to TOD context (see district tables and PDP allowance). See § 13-18.400 and Table 13‑18.1 .

Where it applies: Areas mapped as NTC on the zoning map near transit nodes.

Public / Quasi‑Public — P/QP‑C, P/QP‑O, P/QP‑P, P/QP‑S

Purpose: Sites under public or institutional ownership (schools, parks, public safety, etc.) with differentiated subzones for civic, open space, parks and special uses. See § 13-10.400 .

Typical permitted uses:

  • Government offices, libraries, park/recreation facilities largely A; some uses (e.g., hospitals) are C or not allowed depending on subzone. See Table 13‑10.1 § 13-10.400 .

Key dimensional/property standards:

  • Table 13‑10.2 gives development standards by subzone; open space may be permitted without use permits in certain cases. See § 13-10.500 and § 13-10.400 .

Where it applies: Publicly owned sites, parks and certain institutional campuses.

Mobile Home Park — P‑M‑H

Purpose: Regulate mobile/manufactured home parks; facilitate related residential services. See § 13-7.400 .

Typical permitted uses:

  • Mobile/manufactured homes, caretaker units (A), mobile home parks often require a CUP. See Table 13‑7.1 § 13-7.400 .

Key dimensional/property standards:

  • Setbacks generally 15 ft and maximum coverage 70%; density and lot size standards are in Table 13‑7.2. See § 13-7.500 and § 13-7.400 .

Where it applies: Parcels zoned P‑M‑H.

Waterfront Commercial — WC

Purpose: Facilitate visitor‑oriented waterfront recreation and commerce (marinas, piers, water transit) while protecting shoreline habitat. See § 13-17.300–.400 .

Typical permitted uses:

  • Marina, fishing pier, water transportation, boat yard/maintenance, boat launching as principal uses; other visitor-supporting uses may be allowed via CUP. See § 13-17.400 .

Key dimensional/property standards:

  • Performance standards include shoreline habitat buffers, revegetation, view corridor protection and limits on light/glare; planned development plans and shoreline access/erosion control planning required. See § 13-17.300–.500 .

Where it applies: Shoreline and adjacent waterfront parcels.


Quick decision table (selected, not exhaustive)

Topic / Item What the ordinance says (short) Code reference
How uses are listed Uses shown in district land‑use tables as P / A / C / —; Director may find a use "similar" to listed uses § 13‑5.300
Administrative vs Conditional Use AUPs by Director; CUPs by Planning Commission; Director may refer AUP to Commission § 13‑50.200
Residential ADUs ADUs are addressed and allowed in residential and many mixed‑use districts (see specific tables) § 13‑6.400; § 13‑35.320
PC‑I typical FAR & setbacks FAR 0.25–0.50 (typical 0.30); front setback 20 ft, rear 20 ft, side 10 ft (may vary via PDP) Table 13‑14.2 / § 13‑14.500
Industrial land use controls Light manufacturing A, heavy manufacturing C or prohibited; hazardous uses limited by performance standards § 13‑9.300–.400
Waterfront uses Visitor‑oriented maritime uses prioritized; shoreline access & erosion control required in PDP § 13‑17.300–.400

Checklist

An applicant proposing a new use or structural change should expect to satisfy the following items (each item is typically required or considered during review):

  • Obtain a land‑use determination and confirm the parcel's zoning district (verify Table 13‑X for your parcel) — see § 13‑5.300 .
  • File for the required use permit type (AUP or CUP) per the district table and Chapter 13‑50; include the required plans and materials listed in § 13‑50.200 .
  • Complete any required design review / planned development review (Chapter 13‑42 / Chapter 13‑48) where the district or project size requires it (several district sections specify this) — see § 13‑14.200 and § 13‑8.200 .
  • Demonstrate compliance with citywide performance standards (Chapter 13‑31) and district performance rules (e.g., waterfront habitat protections) — see § 13‑17.300 and § 13‑9.300 .
  • Meet parking requirements (see Hercules Parking and district tables that reference Chapter 13‑32) — note district tables call out parking as "PDP" or reference Chapter 13‑32 .
  • Provide required landscaping/screening and garbage/mechanical screening per district and the Hercules Landscaping and Screening standards — see multiple district tables referencing landscaping minimums (e.g., Table 13‑13.2) .
  • If proposing an ADU, follow local ADU rules as well as the state requirements (see § 13‑35.320 and California ADU law) .
  • If the use is not listed, prepare a written justification that the use is "similar" per the § 13‑5.300 criteria (consistency with General Plan, intensity, performance standards) .
  • If a CUP is granted, be prepared to record covenants and note the CUP on the zoning map per § 13‑50.800 and § 13‑50.850 .

Risks & Ambiguities

Issue Why it matters What to verify
Use not explicitly listed in table Director must decide if the use is "similar"; this is discretionary and can trigger an appeal Verify similarity criteria and prepare evidence of comparable intensity/impacts per § 13‑5.300
Administrative vs Conditional permit threshold A vs C changes review body, noticing, conditions and potential recording obligations Confirm whether the table shows A or C and whether the Director may refer the AUP to Commission — see § 13‑50.200
Planned Development (PDP) requirements PDPs permit deviations from base standards but add complexity and public review Check district language (many districts reference PDP/Chapter 13‑48) e.g., § 13‑14.200; confirm when PDP is mandated
Overlay or site‑specific standards Overlays can change uses or standards; missing overlay info will change permitting Review Hercules Overlay Districts and check the zoning map; if overlay rules are not in retrieved materials, write "Verify with the jurisdiction" (Not found in retrieved materials)
Nonconforming sites/uses Nonconforming status can limit expansion or trigger additional permits Consult the nonconforming uses chapter and § 13‑5.330; see Hercules Nonconforming Uses and § 13‑5.330
Parking rules referenced as "PDP" Some district tables defer to PDP or Chapter 13‑32 rather than listing precise ratios Confirm parking ratios in Chapter 13‑32 and whether a PDP modifies parking requirements; district tables frequently reference Chapter 13‑32

Plain‑English Summary

Hercules' zoning ordinance organizes allowed activities by district tables that mark uses as Permitted (P), Administrative (A), or Conditional (C); the Community Development Director makes similarity determinations for unlisted uses and many projects require an administrative or conditional use permit plus design review and compliance with district performance standards — see § 13‑5.300 and § 13‑50.200 .


Source References

  • Hercules Zoning Ordinance — Land use interpretation and addition of allowed uses: § 13‑5.300 and § 13‑5.310
  • Use permit rules (Administrative, Conditional, Temporary): § 13‑50.200; use permit recording and map notation: § 13‑50.800, § 13‑50.850
  • Residential land use table and ADU references: § 13‑6.400 and Table 13‑6.1 / Table 13‑6.2 (property development regs)
  • Commercial district land‑use rules: § 13‑8.200–.500 and Table 13‑8.1 / 13‑8.2
  • Industrial district land‑use and performance standards: § 13‑9.100–.500 and Table 13‑9.1 / 13‑9.2
  • PC‑I district land‑use and property standards (FAR, setbacks): § 13‑14.100–.500 and Tables 13‑14.1 / 13‑14.2
  • PC‑R district land‑use table and standards: § 13‑15.100–.500 and Table 13‑15.1 / 13‑15.2
  • I‑R (Industrial‑Residential) land‑use and standards: Table 13‑13.1 / 13‑13.2 and § 13‑13.500
  • NTC (New Town Center / Transit) land‑use table: Table 13‑18.1 and district text § 13‑18.400
  • Waterfront Commercial performance and land‑use rules: § 13‑17.300–.500 and Table 13‑17.1
  • Public/Quasi‑Public district land use tables: § 13‑10.400 and Table 13‑10.1

Note: The uploaded Hercules Zoning Code material is current through Ordinance 555 (March 25, 2025) as stated in the ordinance extract; verify final code text with the City Clerk for parcel‑specific matters.

Sources

Retrieved passages

  • Hercules Zoning Code (Chapter 13-42) High relevance
  • Hercules Zoning Code (Chapter 13-31.) High relevance
  • Hercules Zoning Code (Chapter 13-49) High relevance
  • Hercules Zoning Code (§ 3) High relevance
  • Hercules Zoning Code (Chapter 13-49) High relevance
  • Hercules Zoning Code (§ 2) High relevance
  • Hercules Zoning Code (Chapter 13-48.) High relevance
  • Hercules Zoning Code (§ 2) High relevance

Cited sections

Frequently asked questions

What can I build on an R‑S lot in Hercules?

You must check the residential land‑use table: single‑family homes are allowed as P in RS‑E/RS‑L; other housing types (duplexes, multifamily) are regulated by the RM districts. Dimensional standards and accessory rules (including ADUs) are in the residential tables and § 13‑6.400–.500; review Table 13‑6.1 and Table 13‑6.2 for setbacks and lot standards § 13‑6.400 .

Do I need a use permit to open a retail store in Hercules?

Often yes — commercial tables use A/C distinctions by size/type. Small retail under size thresholds is frequently allowed with an Administrative Use Permit (A); larger stores commonly need a Conditional Use Permit (C). See the commercial district tables and § 13‑8.400 and Table 13‑8.1 for specifics § 13‑8.400 .

What are Hercules’ setback requirements for new commercial or industrial buildings?

Setbacks vary by district and are listed in each district’s property development table (e.g., PC‑I Table 13‑14.2 shows front 20 ft, rear 20 ft, side 10 ft typical; Industrial Table 13‑9.2 has different minimums and larger buffers adjacent to residences). See the district tables and associated §§ such as § 13‑14.500 and § 13‑9.500 .

If my use is not listed, how does Hercules decide if it’s allowed?

The Community Development Director applies the criteria in § 13‑5.300: consistency with the General Plan, district purpose, relative intensity/impacts compared to listed uses, and ability to meet performance standards. If denied you can appeal to the Planning Commission/City Council per the ordinance § 13‑5.300 .

Are ADUs allowed in Hercules residential zones?

Yes — the ordinance explicitly allows Accessory Dwelling Units within the residential and many mixed‑use district tables and references local ADU provisions; see § 13‑6.400 and the ADU cross‑reference § 13‑35.320 . Also check state ADU law for mandatory rules: California ADU law.

Will a conditional use permit (CUP) run with the land if I sell the property?

Yes. A use permit runs with the land; conditional use permits must be recorded as a covenant running with the land within 30 days of approval. See § 13‑50.800 and the map notation requirement § 13‑50.850 .

Do I always need design review for new development?

Many districts require design review for new and expanded development; several district chapters explicitly link new development to Chapter 13‑42 (Design Review). Confirm in the district text (for example, see § 13‑14.200 for PC‑I and § 13‑8.200 for commercial) and consult the Hercules Design Review page .

Where are parking requirements specified?

Parking standards are in Chapter 13‑32 and many district property tables reference that chapter or indicate "PDP" (defer to planned development plan) — check the district table for whether parking is controlled directly or via Chapter 13‑32; see, for example, Table 13‑14.2 and its parking note § 13‑14.500 .

Does Hercules allow heavy industrial or refineries?

The Industrial district table lists heavy manufacturing and refineries with restrictive classification (often C or not allowed) and the performance standards prohibit new uses expected to generate substantial odor, dust, noise, or toxic impacts. See § 13‑9.300–.400 and Table 13‑9.1/13‑9.2 .

What if the zoning map shows an overlay on my parcel — how does that change land use rules?

Overlay districts can modify allowed uses and standards; consult the overlay chapter(s) and the Hercules Overlay Districts page and verify the specific overlay language for your parcel. If overlay language or parcel‑specific overlay rules are not in your copy of the code, "Verify with the jurisdiction." Not all overlay details were present in the retrieved materials.

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