Local zoning · Albany

Albany — Nonconforming Uses

Q: Can I rebuild my house in Albany if it was 60% destroyed by an earthquake?

If a structure is destroyed to the extent of more than 50% of its replacement value, it generally must be rebuilt to conform to current zoning; if damage is ≤ 50% , it may be restored to prior condition provided restoration begins within 12 months and is diligently pursued § 20.44.050 . There is a limited exception for residential structures under certain conditions (see § 20.44.050.D ) .

Q: If my nonconforming structure is on a waterfront lot, are there special rules?

Waterfront sites have parking and other exceptions in § 20.28 and the waterfront entries of Table 2B; nonconforming use provisions still apply, but waterfront exceptions (for parking, etc.) can affect feasibility—consult § 20.24.020 and § 20.28 and Albany Parking (/us/california/albany/parking) .

Q: Can the City make me immediately remove an abandoned wireless facility?

If wireless facilities are abandoned for 180 days , the abandonment provisions in § 20.44.040 apply and associated permits may expire; the Community Development Director may require removal and consider the site a nuisance if not removed § 20.20.100 .

Nonconforming Uses under the Albany local zoning and planning code, with the controlling citations.

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Last reviewed: July 3, 2026

Overview

This page explains how the City of Albany treats nonconforming uses, structures, and lots under the local zoning code (commonly called Title 20). It summarizes the rules for continuation, enlargement, repair, abandonment, and restoration, ties them to the specific Albany zoning districts, and provides a practical checklist for property owners and applicants. All requirements below are grounded in the City of Albany zoning ordinance; confirm parcel-specific questions with the City. § 20.44.010–050 .

Key nonconforming rules (plain-English)

A lawful use or structure lawfully in place when the ordinance took effect may continue as a nonconforming use or nonconforming structure, but expansion and changes are limited § 20.44.020 .
A nonconforming use cannot be enlarged to occupy new parts of a site or to displace conforming uses except where the code expressly permits it § 20.44.030.B .
Repair and ordinary maintenance are allowed for nonconforming structures § 20.44.030.A .
If a nonconforming use is abandoned, discontinued, or converted to a conforming use for a continuous 90‑day period, it may not be reestablished (exception for nonconforming dwelling units) § 20.44.040 .
Structures damaged by calamity may be restored if damage does not exceed 50% of replacement value and restoration begins within 12 months; if damage exceeds 50%, rebuilding must conform to current code (with a specific residential exception) § 20.44.050 .
Moving a nonconforming structure requires full conformance in its new location § 20.44.030.E .
Nonconforming walls that encroach into setbacks can be extended vertically or horizontally only with a use permit and design review in specified circumstances (note 19, Subsection 20.24.020; Subsection 20.100.030) . See Albany Design Review for process details (/us/california/albany/design-review).

District-by-district breakdown

Below are Albany’s principal zoning districts that commonly generate nonconformity questions. For each district I list purpose (when in the code), typical permitted uses, key dimensional standards drawn from the City’s Site Regulations tables, and where the district applies or any special rules relating to nonconformity. All site-regulation numbers are found in § 20.24.020 .

Note: definitions of Nonconforming Use and Nonconforming Structure are in § 20.08.020 .

R-1

Purpose / typical uses: Single‑family residential (single detached dwellings). Specific purpose statement not found in retrieved materials; verify with the jurisdiction.
Key dimensional standards: Maximum height: 28 ft for single‑family; Front setback: 15 ft; Rear setback: 20 ft (Table 2A) § 20.24.020 .
Where it applies / nonconforming rules: Existing R‑1 structures that do not meet setbacks/height remain nonconforming and may be maintained or repaired; second‑story additions that would increase height above 28 ft require a use permit and design review per subsection 20.24.080 and nonconforming wall extensions require a use permit per Subsection 20.24.020 note 19 and § 20.100.030 .

R-2

Purpose / typical uses: Two‑unit and similar lower‑density multi‑family residential. Full purpose statement not found in retrieved materials; verify with the jurisdiction.
Key dimensional standards: Height: 28 ft (single‑family), Front setback: 15 ft, Rear: 15 ft (Table 2A) § 20.24.020 .
Where it applies / nonconforming rules: Nonconforming structures may be used and maintained; residential enlargements allowed provided they do not increase degree of nonconformity and comply with building/housing codes § 20.44.030.D .

R-3

Purpose / typical uses: Medium-density multi‑family housing. Purpose text not reproduced in retrieved materials; verify with the jurisdiction.
Key dimensional standards: Height: 35 ft for single‑family (Table 2A); Front setback: 15 ft (Table 2A) § 20.24.020 .
Where it applies / nonconforming rules: Same general nonconforming provisions; number of dwelling units in a nonconforming residential structure may be increased only up to the maximum allowed § 20.44.030.D .

R-4

Purpose / typical uses: Higher‑density residential (requires use permit per code notes). Purpose text limited in retrieved materials; verify with the jurisdiction.
Key dimensional standards: Height and other site regulations are determined by the Planning and Zoning Commission when a use permit is granted (see Table 2A notes) § 20.24.020 .
Where it applies / nonconforming rules: Existing densities are treated as conforming for developed sites but may not be increased above the R‑3 maximum; nonconforming structure rules apply § 20.24.020 note 1; § 20.44.030.D .

RHD (Residential Hillside District)

Purpose / typical uses: Hillside/residential planned development subject to planned unit development rules. See planned unit development procedures in § 20.100.060 .
Key dimensional standards: Table 2A includes RHD entries; setbacks similar to R‑1/R‑2 with some special procedures (see notes) § 20.24.020 .
Where it applies / nonconforming rules: Hillside combining or overlay may impose additional tree removal and site-specific rules; tree removal applicability is limited to the H‑D district § 20.48.020 .

SC (Shopping Center)

Purpose / typical uses: Commercial/mixed commercial uses typical of neighborhood shopping centers. Purpose text not in retrieved materials; verify with the jurisdiction.
Key dimensional standards: Table 2B lists minimum residential density 20 du/acre, maximum FAR for mixed‑use 1.25 for many nonresidential contexts (see Table 2B) § 20.24.020 .
Where it applies / nonconforming rules: Nonconforming commercial uses follow the same continuation/abandonment and restoration rules in § 20.44 .

SPC (San Pablo Avenue Specific Plan)

Purpose / typical uses: Higher‑intensity mixed‑use along San Pablo Avenue; special planning area governed by the San Pablo Avenue Specific Plan and objective design standards; particular FARs and densities apply § 20.24.020 note and San Pablo-specific provisions .
Key dimensional standards: Minimum residential density: 30 du/acre; Maximum FAR: up to 4.0/4.5 in certain mixed‑use contexts (Table 2B) § 20.24.020 .
Where it applies / nonconforming rules: Projects must also meet San Pablo Avenue guidelines; nonconforming provisions § 20.44 still apply; verify interplay with specific plan regulations . See Albany Overlay Districts for map and area rules (/us/california/albany/overlay-districts).

CMX (Commercial Mixed-use)

Purpose / typical uses: Mixed commercial and residential uses; Table 2B shows different FAR and density standards for live/work and mixed‑use § 20.24.020 .
Key dimensional standards: Commercial FARs and mixed‑use FARs shown in Table 2B (e.g., commercial portion 0.95 in some columns) § 20.24.020 .
Where it applies / nonconforming rules: Nonconforming commercial/mixed uses are subject to the same rules on abandonment, expansion restrictions, and restoration § 20.44 .

WF (Waterfront)

Purpose / typical uses: Waterfront district with special parking and site regulations; see Subsection 20.28.040 for waterfront parking exceptions § 20.28.040 .
Key dimensional standards: Table 2B shows FAR and other limits; commercial portion FAR often 0.5 for waterfront entries § 20.24.020 .
Where it applies / nonconforming rules: Waterfront uses that predate restrictions are handled under § 20.44; note special parking exceptions in waterfront district so consult Albany Parking for site‑specific parking rules (/us/california/albany/parking) .

PF (Public/Quasi‑Public Facilities)

Purpose / typical uses: Public and quasi‑public institutions, parks, and facilities. Specific purpose language not reproduced; verify with code.
Key dimensional standards: PF appears in Table 2B with some N/A entries for FAR/density; follow site regulations § 20.24.020 .
Where it applies / nonconforming rules: Nonconforming public uses treated under general nonconforming rules § 20.44 .

H‑D (Hillside Development / Hillside Combining)

Purpose / typical uses: Hillside tree removal and slope stability protections specifically reference the H‑D district; tree removal rules apply only here § 20.48.020 .
Where it applies / nonconforming rules: Additional procedural requirements for trees and hillside construction can affect whether a structure is considered nonconforming relative to site conditions; see tree removal rules § 20.48 .

Quick reference table — most decision‑relevant nonconforming standards

Topic	Rule (plain English)	Code reference
Continuation of lawful pre‑existing uses	Lawful uses/structures existing at adoption may continue but may not be expanded except as allowed	§ 20.44.020
Enlargement of nonconforming use	No enlargement into new parts of structure/site; cannot displace conforming uses	§ 20.44.030.B
Maintenance / repairs allowed	Ordinary repairs and maintenance are permitted	§ 20.44.030.A
Abandonment threshold	90‑day continuous discontinuance → cannot reestablish (dwelling unit exception)	§ 20.44.040
Restoration after damage	May restore if damage ≤ 50% of replacement value and rebuilding starts within 12 months; >50% must conform	§ 20.44.050
Moving nonconforming structure	If moved it must conform in new location	§ 20.44.030.E
Nonconforming walls (setbacks)	Vertical/horizontal extension permitted only with use permit and design review; cannot create new encroachment	Note 19, Subsection 20.24.020; § 20.100.030

Checklist — what an applicant must satisfy (preliminary)

Establish whether the use/structure/lot is legally nonconforming by confirming it was lawful when established (see § 20.08.020 definitions) .
For proposed repairs, document that work is ordinary maintenance (allowed under § 20.44.030.A) .
For expansions or second‑story additions, confirm the project will not increase the degree of nonconformity; if it does, prepare to apply for a use permit and comply with design review § 20.44.030.D; consult Albany Design Review (/us/california/albany/design-review) .
If the nonconforming use has been inactive, verify continuous operation within the past 90 days or prepare evidence to rebut abandonment § 20.44.040 .
If restoring a damaged structure, obtain a replacement‑cost estimate acceptable to the Community Development Director to apply the 50% rule and start rebuild within 12 months if eligible § 20.44.050 .
If the project affects parking, check applicable off‑street standards and waterfront exceptions as they may interact with nonconforming parking conditions; see Albany Parking (/us/california/albany/parking) and § 20.28 .
For ADUs, note the City cannot deny ADU permits solely because of unrelated nonconforming zoning conditions unless they create health/safety threats; see ADU rules § 20.20.080 and Albany ADUs (/us/california/albany/adu) .
Verify whether specific plan, overlay, or historic rules (San Pablo Specific Plan, H‑D, Historic Preservation) alter how nonconformity is treated; consult Albany Overlay Districts (/us/california/albany/overlay-districts) and Albany Historic Preservation (/us/california/albany/historic-preservation) .
If uncertain or requesting relief, consider a use permit, planned unit development, or other discretionary approval per § 20.100 and consult Albany Variances and Exceptions (/us/california/albany/variances-and-exceptions) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Determining whether a use was "lawful when created"	Controls whether nonconforming protections apply	Verify historic permits/records and legal status at time of establishment (definition in § 20.08.020)
Whether a nonconforming use was “abandoned”	90‑day rule can extinguish rights to continue the use § 20.44.040	Confirm continuous operation records, receipts, utility usage, leases; Community Development Director notice procedures
Calculation of “50% replacement value” after damage	Dictates whether you can rebuild to prior nonconforming condition § 20.44.050	Obtain an estimator acceptable to the Community Development Director and document all costs
Extent of allowed enlargement for residential buildings	Residential enlargements have an exception but must not increase nonconformity § 20.44.030.D	Confirm maximum density allowed in the district (Table 2A/2B § 20.24.020)
Interaction with specific plan/overlay rules (San Pablo, H‑D)	Specific plan rules can supersede or add requirements § 20.24.020 note; § 20.48 for H‑D tree rules	Verify applicable overlay boundaries and specific plan provisions; see Albany Overlay Districts (/us/california/albany/overlay-districts)
Nonconforming signs	Governed by sign chapter, separate process § 20.32	Check signage standards in § 20.32 and confirm how amortization or replacement is handled

Plain‑English Summary

If you own a building or lot in Albany that no longer meets today’s zoning rules, you can usually keep using and maintaining it, but you cannot expand the nonconforming part, let the use go idle for more than 90 days, or rebuild beyond certain damage thresholds without bringing it into conformance; the specific limits and recovery rules are in § 20.44.010–050 .

Source References

Albany Zoning — Nonconforming Uses, Structures and Lots: § 20.44.010–§ 20.44.050 (downloaded from https://ecode360.com/AL4074).
Definitions (Nonconforming Structure / Use): § 20.08.020 (ecode360 source).
Site Regulations by District (Table 2A & 2B): § 20.24.020 (ecode360 source).
Nonconforming walls and second‑story addition exceptions / use permit provisions: note 19 to Table 2A / § 20.24.080, § 20.100.030 (design review / use permit) .
ADU rules (interaction with nonconforming conditions): § 20.20.080 (ADU approvals) .
Parking chapter referenced for waterfront/parking exceptions: § 20.28 .
Tree removal and Hillside rules: § 20.48.010–§ 20.48.040 .

(Primary ordinance source: Albany Municipal Code hosted on eCode360 — https://ecode360.com/AL4074.)

Sources

Retrieved passages

Albany Zoning Code (§ 20.44.030) High relevance
Albany Zoning Code (§ 20.40.080) High relevance
Albany Zoning Code (Section 20.32) High relevance
CBC § 20.44.040 (§ 20.44.040.) High relevance
Albany Zoning Code (§ 20.08.020) High relevance
Albany Zoning Code (§ 20.28.010.) High relevance
Albany Zoning Code (§ 20.100.030) Medium relevance
Albany Zoning Code (chapter who) Medium relevance

Cited sections

Official Albany code library

Frequently asked questions

What happens if my Albany nonconforming business stops operating for 4 months?

If a nonconforming use is discontinued, abandoned, or made conforming for a continuous 90‑day period, it may not be reestablished (there is an explicit exception for nonconforming dwelling units). The Community Development Director will notify the owner and the owner has 21 days to rebut the determination § 20.44.040 .

Can I rebuild my house in Albany if it was 60% destroyed by an earthquake?

If a structure is destroyed to the extent of more than 50% of its replacement value, it generally must be rebuilt to conform to current zoning; if damage is ≤ 50%, it may be restored to prior condition provided restoration begins within 12 months and is diligently pursued § 20.44.050 . There is a limited exception for residential structures under certain conditions (see § 20.44.050.D) .

Can I add a second story to a nonconforming R‑1 house that already exceeds setbacks?

Second‑story additions are regulated: residential additions that would exceed height limits may require a use permit and are subject to design review; existing nonconforming walls that encroach into setbacks may be extended only with a use permit and design review, and extensions cannot create a greater encroachment (note 19, Subsection 20.24.020; § 20.24.080; § 20.100.030) . Verify with the City whether your proposed addition increases the degree of nonconformity.

If I move a nonconforming structure on my lot, do I keep its nonconforming status?

No. Any nonconforming structure that is moved must conform to the setback, height, floor area and open space standards of the district where it is relocated § 20.44.030.E .

Can I increase dwelling units in a nonconforming multi‑family building?

A residential nonconforming structure may be enlarged and dwelling units increased up to the maximum density allowed in the district provided no greater degree of nonconformity results and applicable building/housing codes are met § 20.44.030.D . Verify maximum density in Table 2A/2B § 20.24.020 .

Will an unpermitted ADU be denied because of other nonconforming zoning conditions on my lot?

Albany’s ADU rules state the City will not deny an ADU application due to unrelated nonconforming zoning conditions unless the nonconformity poses a threat to public health or safety and is affected by the ADU construction. ADU permits are handled ministerially when standards are met § 20.20.080; see Albany ADUs (/us/california/albany/adu) .

Who decides whether a nonconforming use has been abandoned?

The Community Development Director determines abandonment and is required to notify the legal owner by registered mail; the owner then has 21 days to demonstrate the use was not abandoned § 20.44.040 .

Do Albany’s sign rules follow the same nonconforming rules?

Nonconforming signs are handled under the sign chapter and are subject to § 20.32 rather than exactly the same procedures as other nonconforming uses; check § 20.32 for sign‑specific rules § 20.32 .

If my nonconforming structure is on a waterfront lot, are there special rules?

Waterfront sites have parking and other exceptions in § 20.28 and the waterfront entries of Table 2B; nonconforming use provisions still apply, but waterfront exceptions (for parking, etc.) can affect feasibility—consult § 20.24.020 and § 20.28 and Albany Parking (/us/california/albany/parking) .

Can the City make me immediately remove an abandoned wireless facility?

If wireless facilities are abandoned for 180 days, the abandonment provisions in § 20.44.040 apply and associated permits may expire; the Community Development Director may require removal and consider the site a nuisance if not removed § 20.20.100 .

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