Chapter 25.54 — NONCONFORMING STRUCTURES

• A. May Be Continued. Any legally established nonconforming structure that does not conform to the provisions of this title with regard to maximum permitted height, minimum required setback, lot coverage, and floor area ratio may be continued indefinitely.

• B. Alterations and Additions. Alterations and additions may be made to a nonconforming structure, provided that there shall be no increase in the discrepancy between existing conditions and the standards for the zoning district, and provided that the alteration and addition does not qualify as substantial construction, as defined in this title, with the following exceptions:

  1. Exceptions.

     • a. Single-Unit Dwelling Setbacks. A single-unit dwelling with an existing legal nonconforming setback(s) can reconstruct the exterior wall(s) in the same location and up to the same dimensions, as long as the legal nonconforming setback is not increased and provided that any new construction meets all other applicable development standards. The provisions of subsection B.2. a through d below shall not apply to this subsection.

     • b. Reallocation. Floor area of structures that exceed the maximum floor area ratio (FAR) and/or lot coverage for the zoning district in which the property is located may be reallocated within other areas of the property as long as the discrepancy between the existing nonconforming condition and applicable zoning district standards is not increased and further provided, that any new construction meets all other applicable development standards.

     • c. Exception for Residential Structures. Notwithstanding the provisions of subsection B.1.b above, if the reallocated floor area encroaches into the maximum height limit or declining height envelope, a special permit, as set forth in Chapter 25.78 (Special Permits) of this title, may be requested to permit the encroachment, and where the Commission can make the finding that approval of the special permit will provide for the architectural integrity of the structure to be maintained.

     • d. Exception for Front Porches and Detached Garages. Nonconforming front porches and one-story detached garages may be rebuilt in the same location and footprint, including encroachment into any required setback. Reconstruction of an existing nonconforming detached garage shall be limited to a two-car garage or a maximum of 450 square feet.

  2. Limitations on Construction. The following applies to any alteration of or addition to a nonconforming structure.

     • a. No more than 50% of the exterior first floor walls of the nonconforming structure shall be removed to allow for the alteration or addition to occur. Any alteration or addition inconsistent with this limit shall require that all nonconformities be brought into compliance with the development standards in

Downloaded from https://ecode360.com/BU4910 on 2026-05-11

City of Burlingame, CA

ZONING

§ 25.54.010

§ 25.54.030

place at the time of issuance of building permits for the alteration or addition.

• b. For projects where not more than 50% of the existing walls are removed and/or no portion of the nonconforming wall is removed, those nonconforming walls that remain in place shall be demonstrated to the satisfaction of the building official to be in sound structural condition, capable of supporting all proposed new construction, and pest free, and shall not be removed as part of the new construction.

  - c. For the purposes of this subsection, "removed" shall include the removal, reinforcement, or significant alteration of wall studs or any other integral structural support feature. 
  
  - d. In the event that any deviation from these limitations and approved plans occurs through the building permit and construction processes, the applicant/developer shall lose all prior nonconforming rights, and all applicable zoning district standards shall apply. 
  
  - e. Exceptions for Designated Historic Structures. The provisions of subsection B.2 above shall not apply to alterations of and additions to designated historic structures. Through the special permit process, as set forth in Chapter 25.78 (Special Permits), a property owner may be granted the ability to remove more than 50% of the exterior first floor walls, provided that the primary building façade and any other key contributing feature, as determined by the Planning Commission, are maintained. 
  

  3. Limitation on Extent of Addition to Residential Structure. In the event of any addition to a nonconforming residential structure located in a nonresidential zoning district, the floor area of such structure may be increased by up to 50% of the floor area of the existing structure without a requirement to bring any nonconformity into compliance with the applicable zoning district standards.

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

This chapter shall not be construed or applied to require the removal of a Federal or State regulated public utility's structures or structures which house or support operating electrical and mechanical equipment only used to provide service to the public, nor to prohibit structural alteration required to accommodate the equipment, provided that there is no change of use or enlargement of the lot area devoted to the use, and provided further that any existing nonconformity related to height limits and/or established setbacks in the applicable zoning district are not increased.

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

• A. Any nonconforming structure which is damaged or destroyed by any means to the extent of 50% or more of its current market value, as determined by a licensed appraiser, may be rebuilt or used thereafter only in compliance with the regulations of the zoning district in which it is located. Exceptions shall apply to multi-unit housing, as set forth in Section 25.54.040 (Residential Structures—Exceptions).

Downloaded from https://ecode360.com/BU4910 on 2026-05-11

City of Burlingame, CA

BURLINGAME CODE

§ 25.54.030

§ 25.54.050

• B. Any nonconforming structure other than a multi-unit residential structure which is damaged or destroyed by any means to the extent of less than 50% its current market value, as determined by a licensed appraiser, may be rebuilt to its original condition and the same occupancy and use resumed.

• C. Any nonconforming structure in the Broadway Mixed-Use (BRMU) zoning district which is partially or totally destroyed by catastrophe or natural disaster may be rebuilt to its preexisting size and dimensions if the same amount of parking is provided on site as existed before the loss.

• D. Unless a building permit is obtained within a period of one year of determination of market value by a licensed appraiser and rebuilding has been initiated within six months of the issuance of a building permit and pursued to completion, or longer time period as may be granted by the Commission pursuant to Section 25.88.030 (Time to Implement—Time Extensions), the nonconforming status of the structure shall expire.

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

• A. Single-Unit Residential Structures. Notwithstanding the provisions of Section 25.54.030 (Damage to or Destruction of Legal Nonconforming Structures), a nonconforming primary single-unit residential structure which is partially or totally destroyed by catastrophe or natural disaster may be rebuilt to its pre-existing size and dimensions, provided that any nonconforming use in such structure may not be continued. In the event of disagreement regarding the size or dimensions of the pre-existing structure, the property owner shall have the burden of proof. If any increase in size or floor area is made to such structure as a part of reconstruction or remodel the structure shall be subject to the provisions of Section 25.54.010.B (Alterations and Additions).

• B. Multi-Unit Residential Structures. Notwithstanding the provisions of Section 25.54.030 (Damage to or Destruction of Legal Nonconforming Structures), an involuntarily damaged or destroyed multi-unit residential nonconforming structure located in any zoning district except the Innovation Industrial (I-I) zoning district may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks), height, and number of dwelling units in compliance with current Building and Fire Code requirements and pursuant to California Government Code Sections 65852.25 and 65863.4.

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

When a structure is relocated to another lot, the structure shall be made conforming in all respects with the provisions of this Title 25 and all other applicable laws and regulations, unless any conditions of approval applied to the relocation specifically identify alternative standards. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Downloaded from https://ecode360.com/BU4910 on 2026-05-11

City of Burlingame, CA