[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.