Local zoning · Tiburon
Tiburon — Land Use
Land Use under the Tiburon local zoning and planning code, with the controlling citations.
Last reviewed: July 2, 2026
Overview
This page summarizes what Title IV, Chapter 16 of the Town of Tiburon Municipal Code (the Zoning Ordinance) actually says about allowable land uses, conditional uses, and the land‑use tables for Tiburon’s zoning districts. It sticks to the zoning (land‑use) rules — where numeric development standards are specified in the ordinance I cite those §§; where the ordinance points to tables or review processes I point you there and flag parcel‑specific items to verify with the town. See the linked resources for related topics such as parking, development standards, design review, overlay districts, Historic Preservation, ADUs, and the California Building Standards Code for related but separate rules.
- parking: Tiburon Parking
- development standards: Tiburon Development Standards
- design review: Tiburon Design Review
- overlay districts: Tiburon Overlay Districts
- Historic Preservation: Tiburon Historic Preservation
- ADUs: Tiburon ADUs
- California Building Standards Code: California Building Standards Code
All statements below are tied to the Tiburon Zoning Ordinance text; I cite the controlling § number and the file reference (excerpt) where that provision appears.
How the code organizes land use
- Article II defines zones and contains the land‑use tables (for example, Residential Zones at § 16-21.030 and its Table 2‑1; Commercial Zones at § 16-22.030 and Table 2‑3) .
- The ordinance shows uses as Permitted ("P" in the tables), Conditional ("U" / CUP required), or not allowed; the tables crosswalk every use to the district and reference special rules where applicable (see Table 2‑1, Table 2‑3, Table 2‑5, etc.) .
- Conditional Use Permit procedures and the factors the Review Authority must consider are in § 16-52.040 (Conditional Use Permit / Permit Review and Decisions) .
District-by-district breakdown
Note: I synthesize and compare — I do not reproduce long ordinance text verbatim. For parcel‑level questions (exact setback numbers on a particular lot, interpretations where a building is pre‑existing or nonconforming), Verify with the jurisdiction.
Residential districts (general)
- Where to read: § 16-21.030 (Residential Zones Allowable Land Uses and Permit Requirements) and Table 2‑1. Permitted/conditional uses and the "P/U" markings are in Table 2‑1; specific use rules referenced in that table point to separate sections (e.g., child care, wireless) .
- Common rules: many one‑ and two‑family uses are permitted in R-1, R-1-B, RO, R-2; multifamily is handled in R-3 and planned zones. Some uses (e.g., bed & breakfast, certain medical facilities, conversions) require CUPs or specific approvals; see Table 2‑1 and referenced regs (§ 16-21.030) .
R-1 (Single‑Family)
- Purpose: protect single‑family neighborhoods and lot patterns. See § 16-21.020 and Table 2‑1 for allowed uses. Development standards are in § 16-21.040 (Residential Zones Development Standards) .
- Typical permitted uses: single‑family dwellings, accessory uses allowed per table; some accessory or similar uses may be conditional (see Table 2‑1) .
- Key dimensional standards: refer to § 16-21.040 and the Residential development standards table (setbacks, lot coverage, height) — the ordinance directs you there rather than listing every neighborhood exception in the land‑use section .
- Where it applies: citywide residential map per § 16-14.020 (Zoning Map and Zones) — verify parcel zone on the official map (Verify with the jurisdiction) .
R-1-B-A and R-1-B-2 (Bel Aire / Modified single‑family)
- Purpose: reflect historic front/side yard setbacks particular to Bel Aire and other small enclaves; otherwise same permitted uses as R-1. See § 16-21.020 and § 16-21.040 for the setback exceptions that apply to these subzones .
RO (Residential Open)
- Purpose: lower‑density single‑family on larger lots; permitted uses generally mirror R-1 but with different dimensional standards; see § 16-21.020 and Table 2‑1 for uses and § 16-21.040 for standards .
R-2 (Two‑Family) and R-3 (Multifamily)
- Purpose: enable two‑family and multifamily living at higher densities. R‑3 often requires CUPs for new improvements (see § 16-21.030). See Table 2‑1 for which uses are P or U in each district; improvements in R‑3 are generally subject to Conditional Use Permit per § 16-21.030 .
RPD / RMP (Planned Residential / Residential Multiple Planned)
- Purpose: master‑planned developments under precise plans; use list and development standards may be governed by master plans/resolutions on file with the Community Development Department. RMP/AHO is also used as an affordable‑housing overlay; see § 16-21.030, § 16-23.030 and Table 2‑4 for overlay rules and densities .
Commercial districts
NC (Neighborhood Commercial) and VC (Village Commercial)
- Where to read: § 16-22.030 (Commercial Zones Allowable Land Uses) and § 16-22.040 (Commercial Zones Development Standards / Table 2‑3) .
- Typical permitted uses: a broad retail/service mix (stores, restaurants, personal services) are treated as permitted in NC with a long itemized list appearing in the ordinance (see Table 2‑3 / § 16-22.030) .
- Conditional or restricted uses: certain uses (e.g., street‑fronting ground‑floor offices on defined Main Street addresses or Tiburon Boulevard segments) are prohibited unless an exception or CUP is granted; see exceptions in § 16-22.040.B and related findings required for an exception/CUP (e.g., economic viability evidence) .
- Key dimensional standards: Table 2‑3 lists NC minimum lot area 10,000 sf, maximum FAR 0.371 (NC) and 0.281 (VC); special Downtown Tiburon frontage rules (up to 38 ft / 3 stories) are noted in Table 2‑3 and the Downtown element cross‑references .
Office (O)
- Purpose: allow office uses without retail components in locations near residential and commercial areas; see § 16-24.020 and § 16-24.030 for uses and permit rules .
- Permitted uses: public or private office uses (excluding medical/dental as permitted by right) — intensification beyond existing use is evaluated for parking/employee impacts (see § 16-24.030) .
- Conditional uses: nursery schools / day‑care centers, colleges, parking structures, wireless facilities, real estate tract offices require CUP per § 16-24.030(B) .
- Dimension examples (from Table 2‑5 / § 16-24.040): maximum lot coverage 50%, min lot width 60 ft, front setback 30 ft, side 8 ft, rear 10 ft, max height 30 ft (primary), accessory 15 ft, FAR 1.00 — verify with the table in § 16-24.040 for parcel applicability .
Public/Quasi‑Public (P)
- Permitted uses: parks, open space and ancillary improvements are permitted; other public/quasi‑public uses require CUP per § 16-26.030 and Table 2‑6 contains dimensional standards (e.g., max lot coverage 50%, min lot area 10,000 sf, max height 30 ft, FAR 1.00) .
Open Space (OS) and Parks & Recreation (P&R)
- OS (Open Space): purpose to preserve lands for permanent open space; permitted uses are passive recreation, conservation and similar uses; new structures are generally prohibited (see § 16-27.030 and § 16-27.040) .
- P&R (Parks & Recreation): permitted uses include public parks, conservation, habitat restoration, and passive recreation; certain structures, organized educational facilities, utilities, and improvements are conditional and require CUP per § 16-28.030 and § 16-28.040; Table 2‑7 shows max lot coverage 10%, max height 30 ft, FAR 0.10 (see § 16-28.040 for the Table) .
Marine (M)
- Permitted uses: floats/dolphins for private craft, boating/swimming/fishing, parks in conformance with the General Plan; many tidelands‑type uses require a Tidelands Permit (see § 16-25.030 and § 16-25.030.B for uses permitted with a Tidelands Permit) .
Overlay districts (Affordable Housing Overlay, Historic Protection, Flood Hazard)
- RMP/AHO and NC/AHO: overlay permits/density incentives for qualifying affordable housing projects; special development standards/density ranges are in § 16-23.030 and § 16-23.040 and shown in Table 2‑4 (e.g., RMP/AHO density range 12.4–24.8 units/acre, RMP/AHO allowed up to 3 stories / 38 ft. where specified) .
- Historic Protection Overlay (HPO): permitted uses are those of the underlying NC/VC zone; exterior alterations generally require Director approval of a Site Plan and Architectural Review (minor alterations) and projects must follow the Downtown Tiburon Design Handbook and the Local Historic Inventory guidance — see § 16-23.060 .
- Flood Hazard (F): construction regulated by Municipal Code Chapter 13D and corresponds to FEMA flood maps — see § 16-23.020 and related notes .
Quick reference table — decision‑relevant highlights
| District | Typical permitted uses (short) | Key dimensional/permit notes | Code Reference |
|---|---|---|---|
| R-1 | Single‑family dwellings, accessory uses | See Residential Development Standards (setbacks, coverage, height) — standards in § 16-21.040 | § 16-21.030 / Table 2‑1 |
| R-2 / R-3 | Two‑family / multifamily housing | R‑3: new improvements often require CUP; see § 16-21.030 | § 16-21.030 |
| NC (Neighborhood Commercial) | Retail, restaurants, services (long list in code) | Min lot area 10,000 sf, Max FAR 0.371 (NC). Downtown frontage rules (up to 38 ft / 3 stories) noted in Table 2‑3 | § 16-22.030 / Table 2‑3 |
| VC (Village Commercial) | Similar to NC; souvenirs explicitly allowed | Max FAR 0.281 (VC); certain street‑front uses restricted per § 16-22.040 | § 16-22.030 / § 16-22.040 |
| O (Office) | Office uses (public/private) | Table 2‑5: coverage 50%, front 30 ft, sides 8 ft, rear 10 ft, max height 30 ft, FAR 1.00 | § 16-24.030 / § 16-24.040 |
| P (Public/Quasi‑Public) | Parks and public facilities | Table 2‑6: max coverage 50%, min lot area 10,000 sf, max height 30 ft, FAR 1.00; many uses require CUP | § 16-26.030 / § 16-26.040 |
| OS / P&R | Passive recreation, habitat, trails; parks | OS: no new structures generally allowed (§ 16-27.040). P&R Table 2‑7: coverage 10%, max height 30 ft, FAR 0.10; many park structures need CUP/Site Plan review | § 16-27.030 / § 16-28.030 / § 16-28.040 |
| M (Marine) | Floats, boating, parks; tidelands uses need Tidelands Permit | See § 16-25.030; certain marine facilities are allowed only with a Tidelands Permit (§ 16-52.080 referenced) | § 16-25.030 |
| RMP/AHO (overlay) | Affordable housing incentives; higher densities allowed | Table 2‑4 and § 16-23.040 specify density ranges and up to 38 ft / 3 stories in some cases; qualifying projects get processing incentives | § 16-23.030 / Table 2‑4 |
Checklist — what an applicant must satisfy to confirm use is allowed
- Confirm the property's zoning on the official zoning map (§ 16-14.020) and identify any overlays (AHO, HPO, F) that apply (Verify with the jurisdiction) .
- Consult the appropriate land‑use table: Residential Table 2‑1 (§ 16-21.030) or Commercial Table 2‑3 (§ 16-22.030) to confirm whether the proposed use is P or U for the district .
- If the use is conditional (requires CUP), prepare a CUP application in conformance with § 16-52.040 (including required findings and public hearing procedures) .
- Check numeric development standards in the district’s development standards table (e.g., Table 2‑3, Table 2‑5, Table 2‑6, Table 2‑7) and the cross‑referenced sections for setbacks, height, FAR, and lot coverage; if design or architectural review is required, expect Site Plan and Architectural Review per overlay or zone rules (see HPO and overlay sections) — use the development standards table in the ordinance and the town's Tiburon Development Standards page .
- Confirm off‑street parking requirements in the code and prepare a parking plan (Tiburon Parking) and prepare to satisfy landscaping and screening rules (Tiburon Landscaping and Screening) as required by Article III .
- If property is in HPO, expect Site Plan/Architectural Review and additional historic‑compatibility standards (§ 16-23.060) .
- If proposing housing that seeks affordable/incentive treatment, review RMP/AHO and NC/AHO provisions and the density/incentive tables (§ 16-23.030 and Table 2‑4) .
- Prepare to meet building/structural code requirements separately (see California Building Standards Code) — note that Title 24 matters are not the zoning code and are enforced through the building permit process.
- For specialized waterside uses, check Tidelands Permit rules and marine‑specific limitations (see § 16-25.030) .
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Overlays change allowances (AHO, HPO, F) | Overlays can add incentives or restrictions (e.g., higher density in RMP/AHO; review requirements in HPO) and override underlying district rules | Verify overlay boundaries on the official zoning map and read § 16-23.030 / § 16-23.040 / § 16-23.060 |
| “Permitted” in table but subject to referenced regs | Table entries often include a “Specific Use Regulations” reference; the referenced section can convert a “P” to additional conditions or a CUP | Verify the referenced specific‑use section (see Table 2‑1 and Table 2‑3) — § 16-21.030 and § 16-22.030 |
| Parcel has existing nonconforming features | Nonconforming status affects whether you can expand, reconstruct, or change use; nonconforming rules are separate | See Nonconforming Uses rules (Noted in ordinance as § 16-62; confirm with the town and Tiburon Nonconforming Uses) — Verify with the jurisdiction |
| Downtown/Tiburon Boulevard frontages | Downtown rules and the Downtown Design Handbook impose special limits (e.g., fronting offices prohibited without exception/CUP) | Check § 16-22.040.B and Downtown Element references and be ready to show economic infeasibility if seeking exception |
| Confusion about “allowed” vs. “similar/accessory” | Director can treat a use as “similar or accessory” and require a CUP; this is discretionary | If your use isn’t explicitly listed, expect the Director to evaluate similarity under § 16-52.040 — Verify with staff and read the CUP criteria |
Plain‑English Summary
Tiburon’s Zoning Ordinance (Title IV, Chapter 16) lists which uses are allowed in each zone using land‑use tables (e.g., Table 2‑1 for residential, Table 2‑3 for commercial). Some uses are allowed by right; others must get a Conditional Use Permit (CUP) and a public hearing under § 16-52.040. Numeric development limits (setbacks, height, FAR, lot coverage) are in the district development standards tables referenced in each zone’s section — check the specific table for the district that applies to your parcel and meet overlay/HPO/Flood rules where applicable .
Source References
- Title IV, Chapter 16, Zoning Ordinance — Table of Contents and general organization: § 16-10 and § 16-14.020 (Zoning Map and Zones) .
- Residential Zones, Allowable Uses and Table 2‑1: § 16-21.030 (Table 2‑1 referenced) .
- Residential Development Standards: § 16-21.040 (see notes on R-1‑B variations) .
- Commercial Zones uses and development standards (Table 2‑3): § 16-22.030 and § 16-22.040 (exceptions for street‑fronting office uses) .
- Office Zone uses and Table 2‑5 development standards: § 16-24.030 / § 16-24.040 (Table 2‑5) .
- Public/Quasi‑Public Zone and Table 2‑6 standards: § 16-26.030 / § 16-26.040 (Table 2‑6) .
- Marine Zone uses and tidelands permits: § 16-25.030 / tidelands permit reference § 16-52.080 (see Table references in marine section) .
- Open Space and Parks & Recreation: § 16-27.030 / § 16-27.040 (OS) and § 16-28.030 / § 16-28.040 (P&R, Table 2‑7) .
- Overlay Zones (RMP/AHO, NC/AHO, HPO): § 16-23.030 / § 16-23.040 / § 16-23.050 / § 16-23.060 and Table 2‑4 (overlay standards, densities) .
- Conditional Use Permit review criteria and procedures: § 16-52.040 (Permit Review and Decisions) .
- Zoning Ordinance front matter and effective date: Title IV, Chapter 16 (effective April 16, 2010) — ordinance document header and table of contents (Tiburon Zoning Code extract) .
Sources
Retrieved passages
- Tiburon Zoning Code (Section 16-52.040) High relevance
- Tiburon Zoning Code (Article II) High relevance
- Tiburon Zoning Code (Section 16-26.030) High relevance
- Tiburon Zoning Code (Article III) High relevance
- Tiburon Zoning Code (Section 16-14.020) High relevance
- Tiburon Zoning Code (Section 16-52.040) High relevance
- Tiburon Zoning Code (Article II) High relevance
- Tiburon Zoning Code (Section 16-52.040) High relevance
Cited sections
- Title IV, Chapter 16, Zoning Ordinance — Table of Contents and general organization: **§ 16-10** and **§ 16-14.020** (Zoning Map and Zones) . (Title IV)
- Residential Zones, Allowable Uses and Table 2‑1: **§ 16-21.030** (Table 2‑1 referenced) . (§ 16-21.030)
- Residential Development Standards: **§ 16-21.040** (see notes on R-1‑B variations) . (§ 16-21.040)
- Commercial Zones uses and development standards (Table 2‑3): **§ 16-22.030** and **§ 16-22.040** (exceptions for street‑fronting office uses) . (§ 16-22.030)
- Office Zone uses and Table 2‑5 development standards: **§ 16-24.030** / **§ 16-24.040** (Table 2‑5) . (§ 16-24.030)
- Public/Quasi‑Public Zone and Table 2‑6 standards: **§ 16-26.030** / **§ 16-26.040** (Table 2‑6) . (§ 16-26.030)
- Marine Zone uses and tidelands permits: **§ 16-25.030** / tidelands permit reference **§ 16-52.080** (see Table references in marine section) . (§ 16-25.030)
- Open Space and Parks & Recreation: **§ 16-27.030 / § 16-27.040** (OS) and **§ 16-28.030 / § 16-28.040** (P&R, Table 2‑7) . (§ 16-27.030)
- Overlay Zones (RMP/AHO, NC/AHO, HPO): **§ 16-23.030 / § 16-23.040 / § 16-23.050 / § 16-23.060** and **Table 2‑4** (overlay standards, densities) . (§ 16-23.030)
- Conditional Use Permit review criteria and procedures: **§ 16-52.040** (Permit Review and Decisions) . (§ 16-52.040)
- Zoning Ordinance front matter and effective date: Title IV, Chapter 16 (effective April 16, 2010) — ordinance document header and table of contents (Tiburon Zoning Code extract) . (Title IV)
- Tiburon_ZoningCode.md
Frequently asked questions
What can I build on an R-1 lot in Tiburon?
On an R-1 lot the ordinance treats typical single‑family dwellings and standard accessory uses as permitted but detailed allowances (setbacks, accessory building rules) are set in the Residential development standards — consult § 16-21.030 and § 16-21.040 and Table 2‑1 to confirm whether a specific accessory use is allowed or requires a Conditional Use Permit (CUP) .
What are Tiburon setback requirements for residential lots?
Setbacks for residential zones are specified in the Residential Zones Development Standards table referenced in § 16-21.040; the zoning text points you to that table for front/side/rear setbacks rather than listing every numeric example in the land‑use section. For parcel‑specific setback lines, Verify with the jurisdiction and the official table in § 16-21.040 .
Do I need a Conditional Use Permit to add a unit in an R-3 zone?
Yes — the ordinance states that many improvements in the R‑3 zone (multifamily) other than ordinary alterations or additions to existing structures are subject to approval of a Conditional Use Permit under § 16-21.030. Always check Table 2‑1 for the use entry and any "Specific Use Regulations" cross‑reference .
Are restaurants allowed downtown on Main Street or Tiburon Boulevard?
Restaurants and many retail uses are listed as permitted in NC/VC commercial zones, but the code also contains special Downtown/Tiburon Boulevard frontage rules. For example, street‑fronting ground‑floor office uses on certain Main Street addresses and some Tiburon Boulevard segments are restricted; exceptions or a CUP and specific findings are required per § 16-22.040.B — consult Table 2‑3 and the Downtown policies cited there .
What uses are allowed in the Parks & Recreation (P&R) zone?
Permitted uses include public parks, conservation, habitat restoration and passive recreation; construction of supporting buildings, organized educational programs, and public utility facilities are allowed only with a Conditional Use Permit or Site Plan/Architectural Review as listed in § 16-28.030 and § 16-28.040 (see Table 2‑7 for development standards) .
How does the Affordable Housing Overlay (AHO) change what I can build?
The RMP/AHO and NC/AHO overlays allow development incentives (higher density, flexibility in standards) for qualifying affordable housing projects; the detailed eligibility, density ranges and development standards are in § 16-23.030 and § 16-23.040 and Table 2‑4 (e.g., densities and up to three‑story/38‑ft limits where noted) — you must meet the overlay qualification rules to receive incentives .
If a use isn’t listed in the table, can the Director still allow it?
Yes. The code allows the Director to treat additional specific uses that are "similar or accessory" to listed uses as conditionally permitted; in that case a Conditional Use Permit and the findings in § 16-52.040 apply — plan to justify similarity and compatibility in the application .
Where are parking requirements found for a proposed land use?
Off‑street parking and loading standards are handled in Article III (General Development Standards and Parking). The land‑use tables and district development standards frequently cross‑reference Article III; consult the ordinance and the town’s Tiburon Parking page to assemble parking exhibits required for permits (see relevant district tables like Table 2‑3 / Table 2‑5 for cross references) .
Do I need design review for exterior changes in the Historic Protection Overlay?
Yes. Any exterior alterations in the HPO zone require Director approval of a Site Plan and Architectural Review application for Minor Alterations and must follow the Downtown Tiburon Design Handbook principles as described in § 16-23.060 .
Does the zoning code handle building construction standards like seismic, electrical, or plumbing?
No. Structural, electrical, plumbing and life‑safety standards are enforced under the California Building Standards Code (Title 24). The zoning code controls land use and development standards; building code compliance (permits, inspections) is a separate process — see California Building Standards Code and Verify with the Building Division for Title 24 application to your project.
More in Tiburon code
Ask about any Tiburon property
Get a cited, plain-English answer on Tiburon zoning, setbacks, FAR, ADUs and permits — for any address.
Start Free Trial