[Ord. No. 04-09]
This chapter of the Albany Municipal Code shall be known and
cited as the Zoning Ordinance of the City of Albany, California.
[Ord. No. 04-09]
A. Zoning Ordinance of the City of Albany, California, is hereby adopted.
The Zoning Ordinance is consistent with and is based on the adopted
General Plan for the City, and consists of the establishment of various
districts within which certain regulations shall be in effect, as
set forth in this chapter. The regulations specified in the chapter
shall be subject to the general provisions and exceptions as set forth
in the various sections. The Zoning Ordinance consists of the Zoning
Ordinance text and Zoning Map.
[Ord. No. 04-09; Ord. No. 2014-05 § 1]
The Zoning Ordinance is adopted in order to protect and to promote
the public health, safety, peace, comfort, convenience, prosperity
and general welfare. More specifically, the Zoning Ordinance is adopted
in order to achieve the following objectives, which are listed in
non-preferential order:
A. To guide community growth along sound lines.
B. To insure a harmonious, convenient relationship among land uses.
C. To provide appropriate locations for needed community facilities.
D. To promote commercial and industrial activities of appropriate types.
E. To protect and enhance real property values within the City.
F. To improve the City's appearance and to conserve and enhance its
natural assets.
G. To promote the achievement of the policies and recommendations of
the General Plan.
H. To provide opportunities for housing of all ages and economic groups.
[Ord. No. 04-09]
The Zoning Ordinance consists of the establishment of various
districts within the City. Within these districts the following activities,
among others, are regulated: the erection, construction, alteration,
movement and maintenance of certain buildings; the carrying out of
certain trades or occupations; and the conducting of certain uses
of buildings. The regulations and permitted uses vary from one (1)
district to another.
[Ord. No. 04-09]
In the event of a conflict between two (2) or more regulations
contained in this chapter or between regulations contained in this
chapter and the Building Code or other City regulations, or between
regulations contained in this chapter and easements, covenants or
other agreements now in effect, the more restrictive regulations or
provisions shall apply.
[Ord. No. 04-09]
All officials, departments and employees of the City vested
with the authority or duty to issue permits, certificates or licenses,
shall conform with the provisions of this chapter and shall issue
no permit, certificate or license which conflicts with the provisions
of this chapter. Any permit, certificate or license issued in conflict
with the provisions of this chapter shall be null and void. It shall
be the duty of the Community Development Director to enforce the provisions
of this chapter pertaining to the erection, construction, reconstruction,
moving, conversion, alteration or addition to any building or structure.
[Ord. No. 04-09]
A. Any violation of this chapter is a public offense and the first three
(3) violations may be treated as infractions, which are enforced and
punishable in the manner prescribed by the Albany Municipal Code,
the
Penal Code, the
Government Code of the State of California or
other applicable law. To the fullest extent allowed under the law
any penalty imposed shall be cumulative to any other penalty or remedy
allowed under the law. The Community Development Director, or a designee
of the Director, may arrest a violator and/or issue a notice to appear
in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal
Code (or as the same may hereafter be amended). It is the intent of
the City Council that the immunities prescribed in Section 836.5 of
the
Penal Code be applicable to public officers or employees pursuant
to this subsection. Bail for infractions shall be as set by resolution
of the City Council.
B. Any person, firm, corporation or organization violating any provision
of this chapter more than three (3) times in any twelve (12) month
period may be charged with a misdemeanor and upon conviction by a
court of competent jurisdiction thereof shall be punishable by a fine
of not more than five hundred ($500.00) dollars or by imprisonment
for a term not exceeding six (6) months, or by both such a fine and
imprisonment.
C. A person, firm, corporation or organization shall be deemed guilty
of a separate offense for each and every day during any portion of
which a violation of this chapter is committed, continued or permitted
by the person, firm, corporation or organization and shall be punishable
as herein provided.
[Ord. No. 04-09]
Any structure erected, moved, altered, enlarged or maintained
and use of property contrary to the provisions of this chapter shall
be, and is hereby declared to be, unlawful and a public nuisance,
and the City Attorney shall immediately institute necessary legal
proceedings for the abatement, removal and enjoinment thereof in the
manner provided by law and shall take such other steps as may be necessary
to accomplish these ends, and shall apply to a court of competent
jurisdiction to grant such relief as will remove or abate the structure
or use and restrain or enjoin the person, firm, corporation or organization
from erecting, moving, altering or enlarging the structure or using
the property contrary to the provisions of this chapter. All remedies
provided for herein shall be cumulative and not exclusive.
[Ord. No. 04-09]
This chapter, where applicable, shall apply to all property
within the City whether owned by private persons, firms, corporations
or organizations; by the United States of America or any of its agencies;
by the State of California or any of its agencies or political subdivisions,
including the University of California; by any County, City and County,
City, including the City of Albany, or any of its agencies, or by
any district organized under the laws of the State of California.
[Ord. No. 04-09]
If any section, subsection or paragraph of this chapter shall
be declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, such section, subsection
or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this chapter.