Chapter 25.56 — NONCONFORMING USES

Any use of structure or land which was a lawfully existing use at the effective date of this Title 25 or amendments thereto which does not conform to the use regulations for the zoning district in which it is located may be continued for such time and in such manner as is set forth in this chapter.

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

• A. No Physical Expansion. No nonconforming use shall be extended within the structure where it exists beyond the confines of the structure which it occupies or the location upon which it is situated, except as specified below.

  1. The changes are, in and of themselves, in conformance with the provisions of this Title 25.

  2. The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

  3. The changes are required by other laws.

• B. Change in Operating Conditions. A nonconforming use shall not be permitted to increase in intensity of operation. An increase in intensity shall include, but not be limited to, extended hours of operation, substantial remodeling, or an increase in the number of seats or service areas for bars and food establishments.

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

• A. The Director may authorize a change from a legally established nonconforming use to the same or similar nonconforming use upon making the finding that the use is similar in character to the existing nonconforming use and does not have the potential to result in adverse impacts on surrounding uses.

• B. Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the use regulations of the zoning district, such premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed or constructed for the prior nonconforming use.

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

• A. Automatic Change Due to Abandonment of Use. If any legal nonconforming use is discontinued for a period of 180 consecutive days or more, subsequent use of the property shall be in conformance with the provisions of this Title 25. Maintenance of a valid business license shall of itself not be considered a continuation of the use. Remodeling or

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City of Burlingame, CA § 25.56.040

BURLINGAME CODE

§ 25.56.050

active marketing shall not constitute abandonment of a nonconforming use so long as such activity complies with the applicable City construction codes and is completed within 12 months of receiving a building permit.

• B. Change of Use Because of Dilapidation. When any building or land which has been used other than in conformity with the zoning district in which it is located and which the Council, after due notice and hearing, has found that the use has become dangerous or injurious to the public health, safety, or welfare by reason of dilapidation, neglect, decay, or otherwise, such use shall cease, and any subsequent use shall comply with the use regulations of the applicable zoning district.

• C. Removal of Structure. If any structure which is occupied by a nonconforming use is removed, the subsequent use of the subject property shall be in conformance with the provisions of this Title 25.

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

Any conforming structure containing a legal nonconforming use 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 thereafter only in compliance with the regulations of the zoning district in which it is located.

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

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City of Burlingame, CA