23.102.050 Applicability and Jurisdiction.
A. Applicability.
1. General. The Zoning Ordinance applies to all property in Berkeley, including property owned by the City and other governmental entities, to the full extent permitted by law.
2. Public Right-of-Way. The Zoning Ordinance does not apply to uses and structures wholly in the public right-of-way, unless otherwise specified. Such uses and structures must comply with Encroachment Permit regulations in Municipal Code Chapter 16.18 (Right-of-Way Encroachments and Encroachment Permits).
B. Compliance Required. All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations.
C. City Actions. No City department, employee, or official may issue a permits or license for a use or structures that conflicts with the Zoning Ordinance. Any permit or license issued in conflict with the Zoning Ordinance is null and void. Nothing in this subsection is intended to create a mandatory duty under Government Code Section 815.6.
D. Approvals Required. A land use may be established and a structure may be constructed, altered, or moved only after:
1. All applicable project review and approval processes have been followed;
2. All required permits and approvals have been obtained; and
3. All required authorizations to proceed have been issued.
E. Other Regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property. (Ord. 7787-NS § 2 (Exh. A), 2021)