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Albany · Building on your lot

Building on your lot in Albany

Albany sets fence heights by yard in R Districts and limits accessory structure height by distance from the property line. Home businesses need a city business license, and some uses are not allowed.

Key points

  • Fence height: Albany limits fences to 3 feet in required front yards and 6 feet elsewhere in R Districts; 8 feet next to parks.
  • Accessory structures: Albany limits accessory structures to 12 feet when more than 3 feet from the property line, and 8 feet 6 inches within 3 feet.
  • Home business: Albany home businesses need a business license; auto repair, barbershops, beauty parlors, clinics, kennels and medical offices are not allowed.

Each rule below is marked Albany code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Albany code Albany limits fences to 3 feet in required front yards and 6 feet elsewhere in R Districts; 8 feet next to parks.

All 5 Albany rules on fences and walls, with the code text →

Sheds, garages and other accessory structures

Albany code Albany limits accessory structures to 12 feet when more than 3 feet from the property line, and 8 feet 6 inches within 3 feet.

All 10 Albany rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

Albany code What Albany's code adds
Permit
  • A city business license is required, with the fee paid.
    § 20.20.040 · code text
    The home occupation or business shall make application and pay the required fee for a business license pursuant to the City Code or such applicable ordinance or ordinances of this City as may be hereinafter enacted.
Businesses not allowed
  • Automobile repair; barbershops and beauty parlors; clinics and hospitals, including veterinarian clinics and hospitals; kennels and other boarding for pets; offices for physicians, dentists and other medical practitioners (a practitioner who works through house calls may use the home for clerical and similar work); other uses that the Community Development Director finds conflict with the purpose of the section
    § 20.20.040 · code text
    Automobile repair;

RV and boat parking

Albany code What Albany's code adds
Parking on the street
  • Up to 48 consecutive hours in front of the home, to load or unload before or after a trip.
    Applies: Resident police permit for an oversized RV or trailer; never within 100 feet of a corner. Otherwise oversized vehicles may not park on public streets.
    § 9-10.21 · code text
    Any resident with a permit issued by the City of Albany Police Department whose oversized recreational vehicle or trailer is parked for a period not to exceed forty-eight (48) consecutive hours in front of his or her residence for the purpose of loading or unloading before or after a trip.
  • A permit for no more than 3 days.
    Applies: For a resident's guest with an oversized RV. The guest is not a City resident and the vehicle is not registered to a City address.
    § 9-10.21 · code text
    A permit not to exceed three (3) days will be issued if:

Solar panels and EV chargers

Albany code Expedited review. You may apply by email, the Internet or fax, and electronic signatures are accepted. Only 1 approved inspection is required. A separate fire inspection may be done.

All 3 Albany rules on solar panels and EV chargers, with the code text →

Pets, chickens and bees

Albany code With a permit, up to 6 female chickens or rabbits. Roosters are not allowed. Animal housing must be at least 50 feet from any home or business the owner does not own.

All 3 Albany rules on pets, chickens and bees, with the code text →

Grading and erosion control

Albany code What Albany's code adds
When a grading permit is needed
  • A permit is needed for more than 50 cubic yards of digging or fill.
    Applies: Slope over 10% or cut/fill over 5 feet high. Also any excavation within 15 feet of a property line or on ground sloped over 10%.
    § 23-2.1 · code text
    The volume of excavation or fill will exceed fifty (50) cubic yards provided either:
  • A permit is needed for more than 5 cubic yards of permanently unretained digging or fill.
    Applies: When it is over 5 feet high and steeper than 2:1 for fill or 1 1/2:1 for digging.
    § 23-2.1 · code text
    the rate of slope of the surface exceeds two to one (2:1) for fill

Building on a hillside

Albany code Land with an average slope under 30% may be considered for the full Measure K density. Land with an average slope of 30% to 40% may have at most 50% of the Measure K density.

All 3 Albany rules on building on a hillside, with the code text →

Noise and construction hours

Albany code 55 dB(A) in the daytime, 8:00 a.m. to 10:00 p.m. 50 dB(A) at night, 10:00 p.m. to 8:00 a.m.

All 6 Albany rules on noise and construction hours, with the code text →

Family child care homes

CA state law California law
Zoning
A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
Local rules
Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Group homes and residential care

Albany code What Albany's code adds
Homes for 7 or more
  • Minor Use Permit required.
    Applies: Licensed residential care facilities for more than 6 residents.
    § 20.20.020 · code text
    All licensed residential care facilities providing for more than six (6) residents shall be subject to approval of a Minor Use Permit.
Homes for 6 or fewer
  • State-licensed care facilities for 6 or fewer residents are an accessory use.
    Applies: Properties where residential occupancy is permitted.
    § 20.20.020 · code text
    State-licensed facilities for six (6) or fewer residents are an accessory use of properties on which residential occupancy is permitted.

Home alarm permits and false alarms

Albany code What Albany's code adds
How long an alarm may sound
  • The alarm may sound for no longer than 20 minutes.
    Applies: New audible alarm systems protecting a residential or commercial structure.
    § 8-3.3 · code text
    All new audible alarm systems shall include a device which will limit the generation of the audible sound of the system to no longer than twenty (20) minutes after the activation when the alarm system is protecting a residential structure or commercial structure.
False alarms before a fee
  • No more than 3 free false alarms in any 60-day period and no more than 8 in a 12-month period.
    § 8-3.8 · code text
    The maximum number of allowable false alarms reported shall be no more than three (3) in any sixty (60) day period with a maximum allowable of no more than eight (8) in a twelve (12) month period.

Signs on homes

Albany code What Albany's code adds
Election and other noncommercial signs
  • No time limit.
    Applies: Temporary noncommercial signs in all zoning districts.
    § 20.32.045 · code text
    Temporary noncommercial signs may be displayed without a time duration in all zoning districts.
  • At most 16 square feet per sign.
    Applies: Temporary noncommercial signs.
    § 20.32.045 · code text
    Temporary noncommercial signs shall not exceed 16 square feet in area per sign.
Signs that need no permit
  • Real estate signs need no permit.
    § 20.32.055 · code text
    Real estate signs as defined by this section
  • Temporary noncommercial signs need no permit.
    § 20.32.055 · code text
    Temporary noncommercial sign as defined by this section

Other Albany rules on this

Albany's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Can I run a business from my home in Albany?

Albany home businesses need a business license; auto repair, barbershops, beauty parlors, clinics, kennels and medical offices are not allowed.

What are the grading rules in Albany?

Albany's code: A permit is needed for more than 50 cubic yards of digging or fill. (Slope over 10% or cut/fill over 5 feet high. Also any excavation within 15 feet of a property line or on ground sloped over 10%.) (§ 23-2.1); A permit is needed for more than 5 cubic yards of permanently unretained digging or fill. (When it is over 5 feet high and steeper than 2:1 for fill or 1 1/2:1 for digging.) (§ 23-2.1).

Can I run a family child care home in Albany?

California law sets this for every city, including Albany: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Where are group homes and residential care homes allowed in Albany?

Albany's code: Minor Use Permit required. (Licensed residential care facilities for more than 6 residents.) (§ 20.20.020); State-licensed care facilities for 6 or fewer residents are an accessory use. (Properties where residential occupancy is permitted.) (§ 20.20.020).

Do I need a permit for a home alarm in Albany?

Albany's code: The alarm may sound for no longer than 20 minutes. (New audible alarm systems protecting a residential or commercial structure.) (§ 8-3.3); No more than 3 free false alarms in any 60-day period and no more than 8 in a 12-month period. (§ 8-3.8).

What signs may I put up at my home in Albany?

Albany's code: No time limit. (Temporary noncommercial signs in all zoning districts.) (§ 20.32.045); At most 16 square feet per sign. (Temporary noncommercial signs.) (§ 20.32.045).

General information, not legal advice.

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