Commercial Real Estate in Tiburon: Downtown Zones, Ark Row and the Neighborhood Commercial District

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

Tiburon’s commercial property sits in a small, walkable downtown at the tip of the peninsula: Main Street, Ark Row, the Tiburon Boulevard frontage and the shopping centers near the ferry. A handful of office and marina parcels fill in the rest. The Town rewrote its downtown zoning in 2023, so older offering memoranda may describe rules that no longer apply. Confirm the zone and the frontage designation for every parcel with the Town before relying on this page.

Who controls the parcel

Tiburon is an incorporated town, so its zoning code, Chapter 16 of the Municipal Code, controls land use inside town limits. The code was rebuilt by Ordinance 519 N.S. in March 2010, and Ordinance 605 N.S. replaced the downtown division on June 21, 2023. Some parcels with Tiburon mailing addresses lie in unincorporated Marin County and follow the county’s code instead. See our Marin County commercial guide.

Two special districts matter at closing. Sanitary District No. 5 serves Belvedere and the part of Tiburon east of Gilmartin Drive, and its lateral rules are covered below. The Town’s tourism business improvement district (Chapter 7A) adds an assessment layer for lodging. Tidelands and water uses also need Town permits under the Marine zone.

Tiburon zoning for commercial, office and mixed use

The downtown division sets three zones, and the Neighborhood Commercial, Office and Marine zones cover the rest of the commercial land. Figures below come from Division 16-23 and Section 16-22.

District	Intended uses	Notes
MS Main Street	Resident- and visitor-serving commerce downtown, with housing mixed in	FAR 1.50. 3 stories, 45 ft. Housing at 20–25 units/acre
MU Mixed Use	Multifamily housing in a walkable setting, with ground-floor commerce	FAR 1.75. 3 stories, 45 ft. Housing at 30–35 units/acre
VC Village Commercial	The Ark Row portion of downtown	FAR 0.28. 2 stories, 30 ft. Housing at 10–15 units/acre
NC Neighborhood Commercial	Shopping and services along Tiburon Boulevard	FAR 0.37. 30 ft, or 38 ft and 3 stories on downtown Tiburon Boulevard frontage
O Office	Offices	FAR 1.00. 30 ft. 50% coverage
M Marine	Floats, boating, fishing and water recreation	Some uses need a Tidelands Permit
NC/AHO overlay	Affordable housing on NC sites in the Housing Element	12.9–20.7 units/acre, 3 stories or 38 ft

What is permitted. In all three downtown zones, retail, personal services, bakeries, wine shops and offices are permitted. Restaurants, bars and hotels need a conditional use permit. Souvenir shops are allowed on Main Street and Ark Row, but not in MU. Fast food, firearms sales and marijuana businesses are barred everywhere downtown. NC is similar, except souvenir shops and fast food are not allowed and liquor stores need a use permit.

Changes of use. Swapping one use for a substantially similar one, such as restaurant to restaurant, is allowed when the Director finds no real intensification. Intensification is measured by parking, staffing, floor area or trips. Other changes of use downtown need a conditional use permit. Ask for a written determination before closing if your plan changes the use.

Downtown frontage, Ark Row and the historic overlay

Ground-floor frontage. Offices are permitted downtown, but not on the ground floor where the zoning map requires commercial frontage. Storefronts there must be at least 25 feet deep, with at least 60% clear glass between 2.5 and 8 feet above grade. In NC and on Ark Row, a street-facing ground-floor office needs an exception. The applicant must show strong evidence that retail, restaurant or service use is not viable at that spot.

Housing Element sites. On Sites 1–7 and 9 of the 6th Cycle Housing Element, residential use must take up half the floor area of a mixed-use project. Buyers of those downtown sites are effectively buying a housing project with commercial space.

Uses grandfathered since 1990. Uses lawfully established before December 26, 1990 may continue under their existing permits. A seller’s permit file can carry real value here.

Historic Protection Overlay. Downtown buildings on the Town’s historic inventory fall under the HPO overlay. Exterior changes need Director approval through site plan and architectural review, guided by the Downtown Tiburon Design Handbook. Deteriorated historic features should be repaired rather than replaced. Repainting needs no permit if the color matches the approved historic palette.

Flood overlay. Low-lying parcels fall in the F overlay. FEMA maps effective March 16, 2016 govern, and the Town Engineer serves as floodplain administrator.

Lodging, short-term rentals and minor additions

Hotels need a conditional use permit in every downtown zone and in NC.
Vacation rentals are not permitted in the residential zones under Table 2-1. Two-unit SB 9 projects must be rented for more than 30 days. That keeps short-stay demand concentrated in licensed lodging.
Transient occupancy tax. Chapter 7 authorizes a tax of up to 10% of rent on stays of 30 days or less. The Town’s tourism business improvement district is a separate chapter.
Minor FAR additions. In NC, additions that do not materially add parking demand or traffic may exceed FAR without a plan amendment, if the review authority finds no material harm.

Transfer tax, business tax and property tax

The Marin County Recorder’s sheet shows the county documentary transfer tax at $0.55 per $500, excluding assumed liens. It lists only San Rafael as adding a city tax. Tiburon’s code also contains a real property transfer tax (Chapter 8) of $0.275 per $500 on consideration over $100. That chapter’s operation is tied to the county ordinance, and taxes of this design are normally credited within the county rate rather than added on top. Confirm the charge on the escrow estimate.

Every business located in Tiburon, including home-based ones, needs a Town business license. New licenses pay a flat prorated fee, renewals are based on the prior year’s gross receipts, and a $14 administration and state fee is added. A sale generally triggers Proposition 13 reassessment.

Due diligence that matters in Tiburon

Start with our commercial due diligence checklist, then add:

Confirm the zone (MS, MU, VC, NC, O) and whether the zoning map shows required commercial frontage.
Check whether the parcel is a 6th Cycle Housing Element site, which changes the required use mix.
Pull the use permit file, especially for restaurants, bars and any use dating from before December 1990.
If the building is on the historic inventory, budget time for HPO review of facade work.
Order the Sanitary District No. 5 lateral inspection if east of Gilmartin Drive, and confirm sewer service elsewhere.
Check the F flood overlay and an elevation certificate for bayfront parcels.
Confirm the Town business license and TOT registration for any lodging.

Questions people ask

Can I put an office on the ground floor on Main Street?

Not where the zoning map requires commercial frontage. Elsewhere downtown, offices are permitted. In NC and on Ark Row, a ground-floor street-facing office needs an exception backed by evidence that retail is not viable.

Does a new restaurant need a use permit in Tiburon?

Yes. Restaurants and bars need a conditional use permit in the downtown zones and in NC. A restaurant replacing a restaurant may avoid one if the Director finds no intensification.

How tall can a downtown building be?

Up to 3 stories and 45 feet in Main Street and Mixed Use, and 2 stories and 30 feet on Ark Row. Within 60 feet of a residential zone, the limits drop.

Is there a Tiburon transfer tax?

The Town code sets $0.275 per $500, tied to the county ordinance. The county’s sheet lists only San Rafael as adding a city tax, so confirm with escrow.

What is the hotel tax in Tiburon?

Chapter 7 authorizes up to 10% on stays of 30 days or less. A tourism improvement district assessment is set separately.

Are vacation rentals allowed in Tiburon homes?

The residential use table states that vacation rentals are not permitted, and SB 9 units must be rented for more than 30 days.

Does Diamond handle commercial property in Tiburon?

Contact Matthew Martinez to discuss buying, selling or leasing commercial property in Tiburon.

Sources & notes

Note: Office and Marine zone figures come from a GoCodebook summary page rather than the section text. We did not review the zoning map, the Downtown Design Handbook or the Chapter 7A assessment rate.

This page is general information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.

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