17.07.010 - Title, purpose, and applicability.

The provisions of this chapter shall be known as the title and scope of the zoning regulations. The purpose of these provisions is to specify the title, purposes, and applicability of the zoning regulations and to require conformity to said regulations. These provisions shall apply to the entire zoning regulations.

(Ord. 12054 § 1(a), 1998; prior planning code § 2000)

17.07.020 - Title of zoning regulations.

The provisions of Chapters 17.07 through 17.154 shall be known as the Zoning Regulations.

(Ord. 12054 § 1(a, b), 1998; prior planning code § 2001)

17.07.030 - Purposes of zoning regulations.

The general purposes of the zoning regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare and to achieve the following objectives:

A.

To promote the achievement of the proposals of the Oakland General Plan;

B.

To advance Oakland's position as a regional center of commerce, industry, recreation, and culture;

C.

To protect residential, commercial, industrial, and civic areas from the intrusion of incompatible uses, and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationship to each other and to shared services;

D.

To provide for desirable, appropriately located living areas in a variety of dwelling types and at a wide range of population densities, with adequate provision for sunlight, fresh air, and usable open space;

E.

To ensure preservation of adequate space for commercial, industrial, and other activities necessary for a healthy economy;

F.

To promote safe, fast, and efficient movement of people and goods, and the provision of adequate off-street parking and loading;

G.

To achieve excellence and originality of design in all future developments and to preserve the natural beauty of Oakland's setting;

H.

To promote the growth of productivity of the Oakland economy;

I.

To stabilize expectations regarding future development of Oakland, thereby providing a basis for wise decisions with respect to such development;

J.

To secure equity among individuals in the utilization of their property;

K.

To promote an attractive urban environment which will enhance the City's economic potential and encourage decisions to make investments, do business, shop, and live within Oakland;

L.

To especially protect and improve the appearance and orderliness of major trafficways and transit lines and views therefrom, thereby increasing the enjoyment of travel, reducing traffic hazards, and enhancing the image of Oakland derived by residents, businesspeople, commuters, visitors, and potential investors;

M.

To protect the very substantial public investment in, and the character and dignity of, public buildings, open spaces, thoroughfares, and rapid transit lines;

N.

To encourage a maximum of planting and other amenities, and a minimum of excessively intrusive signs, overhead utility lines, and other environmental clutter;

O.

To encourage Signs which are in scale and harmony with surrounding uses, which are visually subordinate to the on-site and nearby buildings, which are themselves well designed, and which have good spacing and design relationships to other Signs;

P.

To prevent the unnecessary destruction or impairment of structures, other physical features, sites, and areas of special character or special historical, cultural, educational, architectural, aesthetic, or environmental interest or value and to achieve the following purposes:

1.

The protection, enhancement, perpetuation, and use of structures and other physical features, sites, and areas that are reminders of past eras, events, and persons important in local, state, or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived,

2.

The development and maintenance of appropriate settings and environment for such structures, and other physical features, on such sites, and in such areas,

3.

The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest,

4.

The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its cultural, social, economic, political, and architectural history,

5.

The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs, by fostering knowledge of the living heritage of the past.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12054 § 1(a), 1998; prior planning code § 2002)

17.07.040 - Applicability of zoning regulations.

A.

To Which Property Applicable. The zoning regulations shall apply, to the extent permissible under other laws, to all property within the City of Oakland, and to property outside Oakland to the extent provided in subsection B of this section, regardless of whether such property is in private or public ownership.

B.

Prezoning of Land Outside City Limits. Pursuant to the applicable procedures set forth in Chapters 17.130 through 17.152, territory outside the City limits may be placed in appropriate zones, may be included on development control maps, or facilities thereon may be designated landmarks and landmark sites, and proposed planned unit developments or uses may be considered and action taken thereon. The zoning provisions and requirements so established shall become applicable at the same time that the annexation of such territory becomes effective.

C.

Duplicated or Conflicting Regulation or Restriction. Where any provision, condition or requirement imposed by, or pursuant to, the zoning regulations and any other provision of any other applicable law, ordinance, resolution, rule or regulation, whether set forth in, or pursuant to, this code, the Oakland Building Code or Oakland Housing Code, or in any other law, ordinance, resolution, rule, regulation, term, or requirement, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the zoning regulations or elsewhere in the Oakland Municipal Code. No provision of this code shall be construed to abrogate, annul or impair any restriction covering any of the same subject matter that is more restrictive or imposes higher development standards except as otherwise expressly provided in the zoning regulations.

D.

Private Agreements. The zoning regulations are not intended to abrogate, annul, or impair any easement, covenant, or other agreement between parties. However, where the zoning regulations impose a greater restriction or higher standard than that required by such agreement, the zoning regulations shall control, except as otherwise authorized under Section 17.102.310 and the development agreement procedure.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12054 § 1(a), 1998; prior planning code § 2003)

17.07.050 - Effect of development control maps.

Development control maps and all notations, references, and regulations shown therewith shall be considered part of the zoning regulations. Development control maps may include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siting, or design of structures; location or design of open areas and landscaping; and other comparable regulations. In case of conflict with any other provision of the zoning regulations, the development control map shall take precedence, except as otherwise authorized under Section 17.102.310 and the development agreement procedure in Chapter 17.138.

(Ord. 12054 § 1(a), 1998; prior planning code § 2004)

17.07.060 - Conformity with zoning regulations required.

Except as otherwise allowed by Section 17.102.040 and by the nonconforming use regulations in Chapter 17.114, or as authorized under Section 17.102.310, the development agreement procedure in Chapter 17.138, or the variance procedure in Chapter 17.148, no activities or facilities shall be established, substituted, expanded, constructed, altered, moved, painted, maintained, or otherwise changed, and no lot lines shall be created or changed, except in conformity to the zoning regulations.

(Ord. 12054 § 1(a), 1998; prior planning code § 2010)

17.07.070 - Minimum requirements.

In their interpretation and application, the provisions of the zoning regulations shall be considered the minimum requirements necessary to accomplish the purposes set forth in Section 17.02.030.

(Ord. 12054 § 1(a), 1998; prior planning code § 2011)