Local zoning · Brisbane

Brisbane — Nonconforming Uses

Q: Can I expand a nonconforming home in Brisbane?

Possibly. In the R-1 , R-2 , R-3 , or R-BA districts, a nonconforming residential use may be enlarged with a use permit if you provide required parking, meet all applicable development standards, comply with applicable codes, and accept conditions to mitigate impacts (§17.38.030(B)) .

Q: If my shop closed for a season, did I lose my nonconforming status?

If a nonconforming nonresidential use is discontinued for 120 consecutive days, the City presumes abandonment; there are limited exceptions (e.g., pending sale/transfer, permitted reconstruction period, or circumstances beyond your control) (§17.38.050(A)) .

Q: My building encroaches into a setback — can I keep it there?

Yes, if it was lawfully built. Structures lawfully constructed within a setback that are now nonconforming may continue under Chapter 17.38 (§17.32.070(C)) .

Q: Can I rebuild a nonconforming house after a fire?

Yes. If less than 75% of floor area was damaged, you may restore to original size and configuration. If 75% or more was damaged, you may reconstruct if you don’t increase floor area or the number of units, don’t reduce setbacks or parking, and meet applicable codes (§17.38.090) .

Q: Can I rebuild a damaged nonconforming warehouse to what I had before?

Only in part. Full reconstruction must be conforming. Portions that don’t cause noncompliance may be rebuilt; if the damaged portion causes the noncompliance, you may rebuild it to the prior configuration only if it’s 50% or less of the total floor area (§17.38.100) .

Q: Do ADUs work with nonconforming sites or structures?

Yes. Brisbane allows ADUs/JADUs to be added to nonconforming uses, and a nonconforming structure can be rebuilt in the same footprint and converted to an ADU per Chapter 17.43 (§17.38.110). State law also limits denial of ADUs due to unrelated nonconforming conditions if there’s no health/safety risk .

Q: I’m in Sierra Point. Do the nonconforming rules still apply?

Yes, but you must also comply with the Sierra Point combined site and architectural guidelines referenced in the SP‑CRO chapter (§17.18.040), in addition to Chapter 17.38 .

Q: Is a single-family home on a small lot always “nonconforming”?

Not necessarily. In R-1, R-2, and R-3, certain substandard lots of record are treated as conforming for a single-family dwelling if they meet §17.32.055 criteria, which affects enlargement options (§17.38.030 note; §17.32.055) .

Nonconforming Uses under the Brisbane local zoning and planning code, with the controlling citations.

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Last reviewed: July 1, 2026

Overview

This page explains how Brisbane’s zoning ordinance handles uses and structures that were lawful when established but no longer meet current zoning rules. The rules live in Title 17 of the City’s zoning code, with the core standards in Chapter 17.38 and definitions in Chapter 17.02. If you’re new to the City’s framework, start with the Brisbane zoning & planning overview.

What Brisbane means by “nonconforming”

A “nonconforming use” is a lawful use that became nonconforming after rezoning or a change in use regulations. A structure that is nonconforming as to density is treated as a nonconforming use. A “nonconforming structure” is a lawful building that no longer meets today’s development standards (including parking and landscaping). A “nonconforming facility” is a conforming structure or site that is occupied by one or more nonconforming uses. See §17.02.560 for precise definitions .

Citywide rules for nonconforming uses and structures (Title 17, Chapter 17.38)

Continuation. Nonconforming uses and structures may continue only as long as Chapter 17.38 allows .
Change of use. A nonconforming use cannot be changed to or replaced by another nonconforming use. If a nonconforming use is changed to a conforming use, the nonconforming use cannot be re-established in that space .
Expansion/intensification. Enlargement or intensification of a nonconforming use is prohibited, with a targeted residential exception described below. Prohibited “expansion” includes increasing occupied floor/site area, increasing equipment/fixtures that intensify activity, or displacing a conforming use on the site .
Limited residential exception in R districts. A nonconforming residential use in the R-1, R-2, R-3 or R-BA districts may be enlarged with a use permit if the Planning Commission can make additional findings, including:
- Providing parking per Chapter 17.34, compliance with district development standards (FAR, setbacks, height, coverage), compliance with applicable building/health/fire codes, and any conditions needed to mitigate impacts . Link: Brisbane Parking.
- Note: A single-family dwelling on a substandard lot of record in R-1, R-2, R-3, or R-BA is deemed a conforming use and may be enlarged consistent with district standards and §17.32.055 (substandard lots) .
Maintenance and interior remodels. Nonconforming facilities may be maintained and repaired to protect safety and useful life, and interiors may be reconfigured so long as the nonconforming use is not expanded (except where the residential exception above applies) .
Abandonment. A nonconforming nonresidential use discontinued for 120 consecutive days is conclusively presumed abandoned (with limited exceptions for sale/transfer, reasonable reconstruction periods, or circumstances beyond the operator’s control). A nonconforming residential use may not be reestablished if the building has been modified to remove residential features .
Rebuilding nonconforming facilities. If damaged or destroyed, a nonconforming facility may be rebuilt for the prior nonconforming use, but may not increase occupied area or activity intensity; the rebuilt facility must meet all applicable regulations other than the use itself, and applicable building/health/fire codes .
Nonconforming structures. You may maintain and repair nonconforming structures. Alterations or expansions that increase the degree of noncompliance are prohibited; structural alterations required by law are allowed. Alterations otherwise prohibited may proceed if a variance (Chapter 17.46) or applicable use permit is granted under the code’s permitting chapters . For discretionary relief, see Brisbane Variances and Exceptions.
Residential rebuild thresholds. For nonconforming residential structures:
- If damage is less than 75% of floor area, you may repair/reconstruct to original size/configuration; all new work must meet applicable codes.
- If damage is 75% or more, you may reconstruct if: floor area and unit count do not increase; setbacks are no less than before; off-street parking is not reduced; and work meets applicable codes. Mixed-use buildings that are >50% residential floor area may use these provisions .
Nonresidential rebuild limits. Nonconforming nonresidential structures may not be fully reconstructed unless made conforming. Portions that do not cause noncompliance may be reconstructed; portions that do cause noncompliance may be reconstructed only if they comprise no more than 50% of the building’s floor area; all other reconstruction must meet today’s code .
ADUs and nonconformance. The code expressly allows ADUs/JADUs with certain nonconforming situations:
- Nonconforming single-, duplex-, or multi-family uses may be expanded to add ADUs/JADUs per Chapter 17.43.
- A nonconforming structure may be rebuilt in the same location/dimensions (including height) and converted to an ADU per Chapter 17.43 . State ADU law also limits local agencies from denying an ADU solely due to pre-existing, unrelated nonconforming zoning conditions that don’t pose a health/safety threat; see Government Code provisions summarized by HCD’s 2025 ADU Handbook . Link: Brisbane ADUs.

Nonconforming rules at a glance

Topic	What Brisbane allows/prohibits	Code Reference
Continuation	May continue so long as Chapter 17.38 permits	§17.38.010
Change of use	Cannot swap one nonconforming use for another; once changed to conforming, cannot go back	§17.38.020
Expansion/intensification	Prohibited, except for nonconforming residential uses in R-1, R-2, R-3, R-BA via use permit and extra findings	§17.38.030(B)
Maintenance/repairs	Allowed to protect health/safety and useful life	§17.38.040(A)
Interior remodel	Allowed if no enlargement/intensification (residential exception may apply)	§17.38.040(B)
Abandonment clock	120 days discontinuance = presumed abandonment for nonresidential; limited exceptions	§17.38.050(A)
Rebuild facility (any use)	May rebuild; no greater area/intensity than before; meet all non-use regs and applicable codes	§17.38.060
Alter/expand structure	Cannot increase degree of noncompliance; structural changes allowed if required by law; variance/use permit pathways exist	§17.38.080
Rebuild residential structure <75% damage	May restore to original size/config; meet applicable codes	§17.38.090(A)
Rebuild residential structure ≥75% damage	Allowed if floor area/units don’t increase, setbacks no less than before, parking not reduced; meet codes	§17.38.090(B)
Rebuild nonresidential structure	Entire rebuild only if conforming; partial rebuilds limited as specified (≤50% of floor area if contributing to noncompliance)	§17.38.100
ADUs with nonconforming	ADUs/JADUs may be added; a nonconforming structure may be rebuilt in the same footprint and converted to an ADU	§17.38.110; Ch. 17.43; HCD guidance on nonconforming conditions for ADUs

District-by-district context for nonconforming situations

Below are Brisbane’s districts that most often intersect with nonconforming rules, plus where the underlying standards live. For general use tables and where each district applies, see Brisbane Zoning, Brisbane Land Use, and Brisbane Development Standards.

R-1 Residential District

Purpose and where: Single-family residential areas citywide; protect single-family character while reflecting community diversity (§17.06.010) .
Typical permitted uses: Single-family dwellings; accessory structures; home occupations; small/large family day care; ADUs/JADUs (§17.06.020) .
Key dimensional standards: Not found in retrieved materials.
Nonconforming angle:
- Nonconforming residential uses can be expanded with a use permit and added findings (§17.38.030(B)) .
- A single-family dwelling on a substandard R-1 lot of record is deemed conforming and may be enlarged per district standards and §17.32.055 (substandard lots) .

R-2 Residential District

Purpose and where: Not found in retrieved materials.
Typical permitted uses: Not found in retrieved materials.
Key dimensional standards: Not found in retrieved materials.
Nonconforming angle:
- Residential expansions may be considered with a use permit under §17.38.030(B) (same findings as R-1/R-3/R-BA) .
- Substandard R-2 lots are addressed in §17.32.055 (conformity for single-family on certain lots of record; merger/lot-line provisions) .

R-3 Multiple-Family Residential District

Purpose and where: Multiple-family housing districts; special permit triggers for housing developments appear in §17.10.050 (permits) .
Typical permitted uses: Not found in retrieved materials.
Key dimensional standards: Not found in retrieved materials.
Nonconforming angle:
- Residential nonconforming expansions may be allowed with a use permit under §17.38.030(B) .
- R-3 cross-references expressly allow repair/restoration/expansion of nonconforming residential structures/uses per Chapters 17.38 and 17.34 (parking) .

R-BA Brisbane Acres Residential District

Purpose and where: Single-family areas within the Brisbane Acres subarea facing steep slopes, habitat constraints, limited infrastructure, and wildland fire risk (§17.12.010) .
Typical permitted uses: Single-family dwellings, accessory structures/uses, home occupations, day care homes, ADUs/JADUs (§17.12.020) .
Key dimensional standards: Minimum lot area 20,000 sq ft; lot width 110 ft, depth 140 ft; front setback 10 ft; side setback 10% of lot width (min 5 ft; max 15 ft); rear setback 10 ft; lot coverage 25%; FAR 0.72 with a 5,500 sq ft FAR cap; height 35 ft with a 20 ft envelope near the front; wildland interface and HCP compliance required (§17.12.040) .
Nonconforming angle:
- Nonconforming residential uses may be expanded with a use permit (§17.38.030(B)) .
- Substandard R-BA lots of record may be eligible via §17.01.060 and district provisions; density transfer/cluster provisions exist for habitat goals (§17.12.050–.055) .

NCRO Neighborhood Commercial (NCRO‑1 Brisbane Village; NCRO‑2 Downtown Brisbane)

Purpose and where: Central Brisbane commercial fabric with a downtown/village focus; mixes neighborhood-serving commercial and compatible residential; two mapped subdistricts (§17.14.010) .
Typical permitted uses: Financial institutions, medical facilities, offices, personal services, restaurants, retail; selected residential components and ADUs/JADUs in NCRO‑2 (§17.14.020) .
Key dimensional standards: Not found in retrieved materials.
Nonconforming angle: General nonconforming rules of Chapter 17.38 apply; some street-interface and screening standards in related chapters may affect alterations (see Brisbane Landscaping and Screening).

C-1 Restricted Commercial

Purpose and where: C-1 areas are governed heavily by parcel-specific specific plans.
Typical permitted uses/dimensional standards: Established by an adopted specific plan for the site; where a specific plan governs, its standards prevail over otherwise applicable zoning rules (§17.13.040) .
Nonconforming angle: Any change or expansion must be read alongside the applicable specific plan and Chapter 17.38.

M-1 Manufacturing

Purpose and where: Industrial districts (e.g., Crocker Park).
Typical permitted uses: Gyms/health facilities, data centers, food production/distribution (odor-limited), freight forwarding, light manufacturing/assembly/processing, offices, printing, R&D, retail sales/rental, warehousing (§17.20.010) .
Key dimensional standards: Min lot area 10,000 sq ft; width 100 ft; front 25 ft, sides 10 ft, rear 10 ft; coverage 60%; height 50 ft; FAR ≤2:1; landscaping ≥15% of lot area (§17.20.030) .
Nonconforming angle: Structural changes that increase noncompliance are prohibited without relief; site upgrades (e.g., screening, recycling areas) may be triggered by other chapters when you alter a nonconforming facility (§17.38.080; §17.20.030.F–.G) .

TC-2 Southeast Bayshore Trade Commercial

Purpose and where: Trade-commercial subarea along SE Bayshore.
Typical permitted uses: Similar to light industrial/trade-commercial mix (gyms, data centers, light manufacturing, offices, R&D, retail, warehousing) (§17.21.010) .
Key dimensional standards: Min lot 10,000 sq ft; width 100 ft; yards 25/10/10 ft (front/side/rear); coverage 60%; height 50 ft; FAR ≤2:1; landscaping ≥15% (§17.21.030) .
Nonconforming angle: Chapter 17.38 controls; confirm whether any site- or plan-specific conditions further limit reconstruction of nonconforming fronts or yards.

SP-CRO Sierra Point Commercial

Purpose and where: Sierra Point subarea under a master use permit and combined site/architectural guidelines (§17.18.010) .
Typical permitted uses: Offices, hotels, retail, restaurants, bars, financial institutions, personal services, gyms, meeting halls, marinas, and certain R&D (with performance standards) (§17.18.020, §17.18.045) .
Key dimensional standards: Front 25 ft; interior side 15 ft; exterior side 20 ft; rear 15–20 ft; lot coverage 40%; additional design/height/location standards referenced to Sierra Point guidelines (§17.18.040) .
Nonconforming angle: Any nonconforming reconstruction must also satisfy the Sierra Point guidelines referenced in §17.18.040; Chapter 17.38 still governs the nonconforming status itself.

Baylands Subarea (Interim Uses)

Purpose and where: Baylands Subarea; “interim uses” are uses not expressly authorized under the redevelopment/specific plan or zoning for the area, but not on the list of expressly prohibited interim uses (§17.41.020–.030) .
Nonconforming angle: Certain prior conditional uses that became nonconforming due to expiring permits aren’t deemed “expressly prohibited,” but continuation requires an interim use permit (§17.41.020(B)) . Link: Brisbane Overlay Districts.

Intersections with other code chapters you’ll likely touch

Parking: nonconforming residential expansions require parking per Chapter 17.34; broader parking design/screening may apply to rebuilds/alterations. See Brisbane Parking and §17.38.030(B) .
Setback exceptions: existing structures lawfully in setbacks that are nonconforming may continue per Chapter 17.38; see §17.32.070(C) .
Substandard lots: how small lots of record are treated citywide (§17.32.055) — important when labeling something “nonconforming” vs “conforming” single-family in R districts .
Design review: many rebuilds/alterations in mapped areas also trigger Brisbane Design Review.
State codes: when Chapter 17.38 requires compliance with “building, health, and fire codes,” that points to the California Building Standards Code.

Checklist

Confirm the use/structure was lawfully established under prior zoning at the time (§17.02.560 definitions) .
Identify whether the issue is a nonconforming use, structure, or both; label the “facility” accordingly (§17.02.560) .
Verify no prohibited change of use is proposed (§17.38.020) .
For any enlargement/intensification, stop unless qualifying as a nonconforming residential use in R‑1/R‑2/R‑3/R‑BA with a use permit and added findings (§17.38.030(B)) .
If expanding a nonconforming residential use, show: parking per Chapter 17.34; compliance with all district development standards (FAR, setbacks, height, coverage); compliance with applicable codes; and mitigation conditions (§17.38.030(B)(1)–(4)) .
If rebuilding after damage: determine % of floor area damaged and apply §17.38.090 (residential) or §17.38.100 (nonresidential) thresholds and limits .
If within Sierra Point or Baylands, confirm any specific plan/interim-use requirements (SP‑CRO §17.18.040; Baylands §17.41.020–.030) .
For ADUs/JADUs on nonconforming sites or in nonconforming structures, apply §17.38.110 and Chapter 17.43; consider HCD’s state law guidance on nonconforming conditions for ADUs .

Risks & Ambiguities

Issue	Why it matters	What to verify
120-day abandonment for nonresidential uses	Restart becomes illegal; site must convert to conforming uses	Confirm exact discontinuance period, and whether any exception (sale, reconstruction period, circumstances beyond control) applies (§17.38.050)
“Increase in degree of noncompliance”	Small additions can inadvertently deepen setback/height/FAR noncompliance	Compare existing condition to applicable district standards; avoid any alteration that increases discrepancy (§17.38.080(A))
Rebuild thresholds for residential vs. nonresidential	Different rules at 75% damage (residential) and 50% portion tests (nonresidential portions)	Document floor area calculations and scope; apply §17.38.090 or §17.38.100 limits precisely
Substandard lots vs. nonconforming	A single-family on a qualifying substandard lot may be deemed conforming	Apply §17.32.055 rules before labeling the dwelling/use as “nonconforming”
ADUs in nonconforming contexts	City allows certain ADUs; state law limits denial due to unrelated nonconformities	Use §17.38.110 and Ch. 17.43; apply HCD guidance where city code is silent on a specific ADU nuance
Special plan areas (Sierra Point; Baylands)	Plan-level standards can control form, height, and interim uses	Cross-check §17.18.040 (Sierra Point guidelines) and Baylands interim use permit needs in §17.41.020–.030

Plain-English Summary

If your building or use predates today’s zoning but no longer fits the rules, Brisbane generally lets you keep operating and maintain/repair what’s there. You can’t switch to a different nonconforming use or expand the nonconforming use, unless you’re a nonconforming home in an R district and the Planning Commission grants a use permit with added findings. Rebuilding after damage is allowed but capped: houses have a 75% damage test with conditions; commercial/industrial rebuilds are narrower. You can also add certain ADUs even if the site has unrelated zoning nonconformities. For any enlargement or rebuild, expect to meet current standards on things like parking and development limits, and confirm any area-specific plan rules.

Source References

§17.02.560 (definitions: nonconforming use/structure/facility)
Chapter 17.38 (nonconforming uses and structures): §17.38.010–.110
§17.32.055 (substandard lots) and §17.32.070(C) (setback exceptions; continuation of lawful nonconforming encroachments)
R districts: R‑1 purposes/uses (§17.06.010–.020) ; R‑3 permit triggers (§17.10.050) ; R‑BA development standards (§17.12.040)
Commercial/industrial: NCRO purposes/uses (§17.14.010–.020) ; C‑1 development by specific plan (§17.13.040) ; M‑1 permitted uses and development regulations (§17.20.010, §17.20.030) ; TC‑2 uses/regs (§17.21.010, §17.21.030) ; SP‑CRO uses/regs (§17.18.020, §17.18.040, §17.18.045)
Baylands interim uses (§17.41.020–.030)
HCD 2025 ADU Handbook (state nonconforming-condition limitations for ADUs)

Sources

Retrieved passages

CFC § 2 (§ 2) High relevance
CFC § 2 (Chapter 17.34) High relevance
Brisbane Zoning Code (Chapter 17.38) High relevance
CFC § 2 (§ 2) High relevance
CFC § 2 (§ 2) High relevance
CFC § 2 (§ 2) High relevance
Brisbane Zoning Code (Chapter 15.70) High relevance
Brisbane Zoning Code (§ 4) High relevance
Brisbane Zoning Code (§ 1) Medium relevance
Brisbane Zoning Code (Title 17) Medium relevance
Brisbane Zoning Code (§ 2) Medium relevance
Brisbane Zoning Code (section may) Medium relevance
CBC § 17.05.080 (Chapter 17.43) Medium relevance
Brisbane Zoning Code (Chapter 17.40) Medium relevance
Brisbane Zoning Code (§ 4.8) Medium relevance
Brisbane Zoning Code (§ 4) Medium relevance
CBC § 800 (chapter and) Medium relevance
Brisbane Zoning Code (Chapter 17.43.) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Brisbane Zoning Code (§ 66333) Medium relevance
CBC § 17.02.695 (chapter and) Medium relevance
CBC § 17.02.695 (chapter and) Medium relevance
Brisbane Zoning Code (Chapter 15.70) Medium relevance
Brisbane Zoning Code (§ 16) Medium relevance
Brisbane Zoning Code (§ 1) Medium relevance
CFC § 3 (Chapter 17.43.) Medium relevance
CBC § 17.32.070 (Section 17.32.070) Medium relevance
Brisbane Zoning Code (Section 17.40.060) Medium relevance
Brisbane Zoning Code (Section 17.28.050) Medium relevance
Brisbane Zoning Code (§ 2) Medium relevance
Brisbane Zoning Code (section and) Medium relevance
Brisbane Zoning Code (Chapter 17.40) Medium relevance
Brisbane Zoning Code Medium relevance

Cited sections

Official Brisbane code library

Frequently asked questions

Can I expand a nonconforming home in Brisbane?

Possibly. In the R-1, R-2, R-3, or R-BA districts, a nonconforming residential use may be enlarged with a use permit if you provide required parking, meet all applicable development standards, comply with applicable codes, and accept conditions to mitigate impacts (§17.38.030(B)) .

If my shop closed for a season, did I lose my nonconforming status?