The purpose of this article is to establish use and development regulations and conditional use permit findings unique to each base zone or group of base zones.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zones Included. For purposes of these regulations, the residential zones include the following zoning districts:
RM Medium Density Residential
RMH Medium-High Density Residential
RH High Density Residential
(b) 
Zone Regulations. The following use classifications, if permitted or conditionally permitted pursuant to Section 9-3.202, are only allowed on the ground floor in the residential zones. This restriction does not apply to Home Occupations or other accessory uses, or to Office uses in the RH zone where it is combined with the NR overlay zone (see Section 9-3.404(a)(3)).
Commercial and Institutional
Arts and Entertainment
Gallery
Banks and Financial Institutions
Business Services
Community Assembly
Small
Day Care Centers
Eating and Drinking Establishments
Restaurants
Health Care
Clinics and Medical Offices
Medical Laboratories (nonresearch)
Instructional Services
Individual/Small Group Instruction
Libraries and Museums
Motor Vehicle Sales and Services
Rentals
Offices
General
Government
Walk-In Clientele
Personal Services
Small
Large
Repair Services
Retail
Liquor Sales
Small Stores
Industrial
Arts-Industrial
Studio-Light
(c) 
Findings. There are no special findings for the residential zones.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zones Included. For purposes of these regulations, the Mixed Use zones include the following zoning districts:
MUR Mixed Use with Residential
MURS Mixed Use with Residential South
MUN Mixed Use with Nonresidential
(b) 
Zone Regulations.
(1) 
Limitations on Certain Uses.
a. 
In the MUR and MURS zones Motor Vehicle Sales and Services, Rentals are allowed only on the ground floor.
(2) 
Mix of Uses, When Required.
a. 
Sites of Less Than One (1) Acre. Developments on sites of less than one (1) acre in the Mixed Use zones may be comprised of a single use, as prescribed in Section 9-3.202.
b. 
Sites of One (1) to Five (5) Acres. Developments on sites of at least one (1) acre but less than five (5) acres in the Mixed Use zones must be approved pursuant to the conditional use permit procedure at Article 5 of Chapter 7, or, at the applicant's option, pursuant to the planned unit development procedure at Article 10 of Chapter 7. A mix of use groups is required pursuant to subsection (b)(2)(d) of this section, except that a single use, as prescribed in Section 9-3.202, may be allowed upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7 and the additional finding required by subsection (c) of this section.
c. 
Sites of Five (5) Acres or More. On sites of five (5) acres or more in the Mixed Use zones, a mix of use groups is required pursuant to subsection (b)(2)(d) of this section. Such developments must be approved pursuant to the planned unit development procedure at Article 10 of Chapter 7. Notwithstanding that establishment of a PUD constitutes a rezoning of the site from a Mixed Use zone to a PUD zone, the uses permitted in the PUD shall conform to the uses permitted or conditionally permitted in the Mixed Use zone in which the site was located prior to establishment of the PUD, as indicated in Table 9-3.202.
d. 
Mix of Use Groups. As used in subsections (b)(2)(b) and (b)(2)(c) of this section, a "mix of use groups" means:
i. 
MUR and MURS Zones. The development must include uses from two (2) or more of the mixed use groups defined in Article 8 of Chapter 2, one (1) of which must be the Residential mixed use group. Additional uses, as prescribed in Section 9-3.202, are also allowed.
ii. 
MUN Zone. The development must include uses from two (2) or more of the mixed use groups defined in Article 8 of Chapter 2, one (1) of which may not be the Residential mixed use group. Additional uses, as prescribed in Section 9-3.202, are also allowed.
The exact mix of uses shall be determined through the conditional use permit or planned unit development approval process.
(c) 
Findings. To grant a conditional use permit for a single use on a site of at least one (1) acre but less than five (5) acres in the Mixed Use zones, pursuant to subsection (b)(2)(b) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
(1) 
That the applicant has convincingly demonstrated that it is infeasible to develop a project with a mix of use groups on the site.
(Sec. 6, Ord. 24-008, eff. Aug. 1, 2024; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zones Included. For purposes of these regulations, the Office/Technology zones include the following zoning districts:
OT Office/Technology
OT/DH Office/Technology Doyle-Hollis North
(b) 
Zone Regulations.
(1) 
Retail, Small Stores and Storage and Distribution, Indoor uses in the OT zone are limited to those primarily intended to serve the immediate surrounding area. This limitation does not apply in the OT/DH zone.
(2) 
Uses in existence in the OT/DH zone as of November 12, 2009, are deemed to be conforming uses and may continue in existence until such time as the property is acquired by or dedicated to the City for park use.
(c) 
Findings. To grant a conditional use permit for a Retail, Small Stores or Storage and Distribution, Indoor use in the OT zone, pursuant to subsection (b)(1) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
(1) 
That the use will primarily serve the immediate surrounding area.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zones Included. For purposes of these regulations, the industrial zones include the following zoning districts:
INL Light Industrial
INH Heavy Industrial
(b) 
Zone Regulations.
(1) 
In the INL zone Offices, General are only allowed in existing buildings.
(2) 
The following Commercial and Institutional use classifications, if permitted or conditionally permitted pursuant to Section 9-3.202, are limited to those primarily intended to serve the immediate surrounding area. This restriction does not apply where the NR overlay zone is combined with an industrial zone.
Eating and Drinking Establishments
Bars/Nightclubs/Lounges
Restaurants
Retail
Liquor Sales
Small Stores
Medium Stores
Outdoor Sales
Food and Beverage Sales
(3) 
Adult Oriented Businesses are allowed only in the INH zone, subject to the provisions of Article 3 of Chapter 5.
(4) 
Retail, Firearms and Ammunition uses are allowed only in the INH zone, subject to the provisions of Article 6 of Chapter 5.
(c) 
Findings.
(1) 
To grant a conditional use permit for an Office use pursuant to subsection (b)(1) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
a. 
That the use is designed and will be operated so as not to interfere with other nearby uses that are permitted or conditionally permitted in the INL zone.
(2) 
To grant a conditional use permit for certain Commercial and Institutional uses, pursuant to subsection (b)(2) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
a. 
That the use is primarily intended to serve the immediate surrounding area.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations. There are no special regulations in the P zone.
(b) 
Findings. There are no special findings in the P zone.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations. The following Commercial and Institutional use classifications are only allowed if they have a waterfront orientation:
Eating and Drinking Establishments
Bars/Nightclubs/Lounges
Restaurants
Recreation
Outdoor
Retail
Small Stores
(b) 
Findings. To grant a conditional use permit for a use listed in subsection (a) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
(1) 
That the use has a waterfront orientation.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations. The following Commercial and Institutional use classifications are only allowed if they are oriented to park users, and are limited to a total floor area of no more than ten percent (10%) of the park area:
Eating and Drinking Establishments
Restaurants
Retail
Small Stores
(b) 
Findings. To grant a conditional use permit for a use listed in subsection (a) of this section, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) 
That the use is oriented to park users.
(2) 
That the use has a total floor area of no more than ten percent (10%) of the park area.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations.
(1) 
Uses. All uses, including accessory uses, shall comply with the Emeryville Shoreline Protection Ordinance of 1987.
(2) 
Structures. Structures are not permitted.
(b) 
Findings. There are no special findings in the SM zone.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations. Uses and development regulations in PUDs shall be as stipulated in the various ordinances establishing the PUDs, as listed below. PUDs established prior to the adoption of these regulations are not subject to these regulations, but are subject to the regulations that were in effect at the time of their establishment, except that minor exterior changes and signs may be approved pursuant to the procedures for minor design review in Article 4 of Chapter 7, and final development plans shall be processed in accordance with the PUD procedures in Article 10 of Chapter 7.
(1) 
Pixar Animation Studios. Created by Ordinance No. 94-014 passed on December 6, 1994, and subsequently amended by Ordinance No. 98-003 passed on May 19, 1998, Ordinance No. 98-005 passed on May 19, 1998, and Ordinance No. 04-004 passed on June 1, 2004.
(2) 
Novartis (Chiron) Life Sciences Center. Created by Ordinance No. 95-006 passed on August 15, 1995, and subsequently amended by Ordinance No. 01-001 passed on June 5, 2001.
(3) 
Promenade Retail Project (Emery Village Center). Created by Ordinance No. 94-014 passed on December 6, 1994, and subsequently amended by Ordinance No. 98-003 passed on May 19, 1998, Ordinance No. 98-005 passed on May 19, 1998, and Ordinance No. 99-003 passed on April 20, 1999.
(4) 
Watergate Office Tower Complex. Created by Ordinance No. 99-007 passed on July 20, 1999.
(5) 
Bay Street (South Bayfront Retail/Mixed Use Project). Created by Ordinance No. 99-009 passed on September 21, 1999.
(6) 
Marketplace Redevelopment Project. Created by Ordinance No. 08-004 passed on August 5, 2008.
(7) 
Sherwin Williams Mixed Use Project. Created by Ordinance No. 16-006 passed on November 1, 2016.
(b) 
Findings. To establish a new PUD, the findings required by Article 10 of Chapter 7 must be made.
(Sec. 4 (part), Ord. 16-006, eff. Dec. 1, 2016; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations. Uses in the UT zone must be compatible with the primary transportation functions of the freeway and railroad corridor.
(b) 
Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
(1) 
That the use is compatible with the primary transportation function of the freeway or railroad corridor in which it is located.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)