Chapter 25.50 — GENERAL NONCONFORMING PROVISIONS

• A. Within the zoning districts established by this Title 25 or amendments that may later be adopted, there exists or will exist lots, structures, and uses of land and structures which were lawful before the adoption or amendment of this title but which no longer comply. The intent of this Article 5 (Nonconformities) is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance. Such uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zoning districts involved, and it is intended that they shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district, except as may be expressly permitted in this article.

• B. The eventual intent is that nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting parking, performance, or screening standards, are to be altered to conform.

• C. It is also the City's intent to encourage and accommodate the renovation of designated historic structures that may be nonconforming with respect to development standards, and therefore to provide additional relief from the provisions of this article with regard to correcting nonconformities.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The provisions of this article shall apply to all legally established nonconforming lots, structures, and land uses. A mere change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this article.

• B. This article shall not apply to any use or structure established in violation of the previously adopted Zoning Ordinance for the City, unless the use or structure presently conforms to the provisions of this Zoning Code.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The provisions of this article shall regulate the continuation, termination, and modification of lots, structures, and uses which were lawfully established, but which no longer conform to the provisions of this title due to a change in zoning district boundaries or a change in the regulations for the zoning district in which it is located. A mere change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this article.

• B. Lots, structures, and uses not having previously acquired proper permits are illegal and

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City of Burlingame, CA

ZONING

§ 25.50.030

§ 25.50.050

subject to immediate abatement.

• C. Any nonconforming use or structure that becomes specifically authorized under the terms of some approval pursuant to this title, other than approval of an extension, expansion, change, or early termination of nonconformity, shall henceforth be governed by the terms of such approval and shall no longer be considered to be a nonconformity unless and until such approval expires or is revoked.

• D. Whenever any lot or structure is rendered nonconforming within the meaning of this article solely by reason of: (1) dedication to, or customary purchase by, the City for any public purpose; or (2) eminent domain proceedings which result in the acquisition by the City of a portion of the subject property, the same shall not be deemed nonconforming within the meaning of this article.

• E. The effective date of the Zoning Ordinance codified in this title or previous Zoning Ordinance codified herein shall determine the time of beginning for all existing nonconformities.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. Burden of Proof. The property owner shall have the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property or use is a legal nonconformity as specified in this article.

• B. City Not Responsible. The City is not responsible to prove the absence of a legal nonconformity.

• C. Director's Determination.

  1. To exert a claim of legal nonconformity, the property owner shall submit sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status specified in this article.

  2. The Director shall consider the evidence and other available facts and make a determination as to the legality of the nonconformity and the available protections provided by this article.

3. The Director's determination of legal nonconformity shall be appealable to the Commission in compliance with Chapter 25.98 (Appeals and Calls for Review).

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Routine maintenance and repair of uses, structures, or lots, as defined by the Uniform Building Code, which do not increase or alter the nonconformity may be performed. Such maintenance and repairs may not extend the area of nonconformity, and structural alterations may be made only when required by law to assure the safety of occupants. Any maintenance activity or repairs to a structure for which the value of such maintenance or repairs exceeds 50% of the market value of the structure shall be considered substantial construction, as defined by this title, and shall affect the nonconforming status of the structure as set forth in this article.

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City of Burlingame, CA

BURLINGAME CODE

§ 25.50.050

§ 25.50.060

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

The Commission may revoke the right to continue a nonconforming use or structure if it deems, based on facts presented to the Commission, that the nonconforming use or structure will have a negative impact on its surroundings. Revocation procedures, including notice and hearing, shall be in compliance with the provisions specified in Sections 25.88.040 (Modifications) and 25.88.050 (Revocations and Suspension).

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

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City of Burlingame, CA