HomeMy WebLinkAboutOrd 16121
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ORDINANCE No. 1612
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING MUNICIPAL CODE SECTION 25.50.080 TO CLARIFY WHEN
ADDITIONS AND CHANGES CAN BE MADE TO NONCONFORMING
STRUCTURES AND TO REVISE SECTIONS 25.50.055 AND 25.50.085 TO MAKE IT
CONSISTENT WITH THE ZONING CODE
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. Additional limitations on the nature and extent of structures in residential
districts require that the provisions regarding additions or changes in nonconforming structures in
those districts be more clearly addressed. This ordinance adopts current administrative
interpretations of the provisions governing nonconforming structures and is not intended to change
those interpretations but instead clarify the governing language. In addition, Sections 25.50.055
and 25.50.085 have been outdated by a recent change to the Zoning Code's organization, so these
provisions are being amended to conform to that change.
Section 2. Section 25.50.080 is amended to read as follows:
25.50.080 Nonconforming structures — Additions and Enlargements.
(a) The footprint of a nonconforming structure maybe enlarged only if the entire structure
is made to conform to all parking and physical dimensional standards of the district in which it is
located.
(b) The floor area of a nonconforming structure maybe increased within the structure only
if the entire structure is made to conform to all parking and physical dimensional standards
of the
distri
ct in which it is located.
(c) If a structure is nonconforming because its height violates height restrictions of the
district in which it is located, the envelope of the structure maybe enlarged only if the envelope is
made to conform to the height standards of the district in which it is located and all other district
standazds are met, except that the envelope of a structure that is exclusively used as a single-family
dwelling, duplex, or multifamily dwelling may be increased so long as there is no further intrusion
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above the maximum height established for the district and all other district standards are met.
(d) For a structure that is used exclusively for a single-family dwelling, duplex, or
multifamily dwelling, the following exceptions apply also:
(1) If the structure is nonconforming because it intrudes into the required setback for a
second or higher story, the envelope of the structure may be increased only if there is no further
intrusion into or extension within any required setback for a second or higher story.
(2) Ifthe structure is nonconforming because its envelope intrudes into the declining height
envelope of the district in which it is located, the envelope of the structure maybe increased only
if there is no further intrusion into or extension within the declining height envelope and all other
district standards are met.
(3) If the structure is nonconfomung because it exceeds the lot coverage limitations or floor
area ratio limitations, or both, of the district in which it is located, the structure may be altered so
long as:
(A) The lot coverage is not increased and all other district standards aze met, if only
the lot coverage is nonconforming,
(B) The floor area ratio is not increased and all other district standazds are met, if
only the floor area ratio is nonconforming; or
(C) Neither the floor area ratio nor the lot coverage is increased, and all other
district standards are met, if both the lot coverage and floor area
ratio are nonconforming.
(e) Notwithstanding subsection (a) and in addition to the exception in subsection (c) above,
in the case of only height and at -grade setback requirements for single family dwelling, duplex, and
multifamily dwelling structures, the footprint of a nonconforming, structure that is exclusively used
as a single family dwelling, duplex, or multifamily dwelling may be enlarged so long as there is no
increase in or extension of any height or setback nonconformity and all other district standards are
net,
(f) For purposes of subsections (c), (d), (e), an
d (f), "single family dwelling, duplex, and
multifamily dwelling stru
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ctures" and "single
family
dwelling,
duplex, or
multifamily
dwelling" does
not include
accessory living quarters
or any other
accessory
structure
on the same
property.
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Section 3. Section 25.50.055 is amended to read as follows:
25.50.055 Nonconforming use—Additional provisions.
Nonconforming uses are also subject to Sections 25.70.040 (off-street parking) and
25.36.040(d) (parking in Burlingame Avenue Commercial Area) of this code, except that in the
Broadway Commercial Area, additional parking shall not be required if a structure is totally
destroyed by catastrophe or natural disaster so long as the uses in the new structure are the same
I size as existed before the loss.
Section 4. Section 25.50.085 is amended to read as follows:
25.50.085 Nonconforming structures — Additional provisions.
code.
Nonconforming structures are also subject to the provisions of Section 25.36.040(d) ofthis
Section 5. This ordinance shall be published as required bylaw.
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City ofBurlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held on the
19th day of April , 1999, and adopted thereafter at a regular meeting of the City Council held on
the 3rd day of May . 1999, by the following vote:
AYES: COUNCILMEMEERS: GALLIGAN, JANNEY, I�IVIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE ZI
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