Sec. 153.233 - Required conditional use permit.

Any use, which was authorized at the time it was established, but which is no longer authorized, other than transmission poles and lines existing on September 11, 1980, which is listed as a conditional use in the district where located, for which a conditional use permit has not been granted by the Town, shall be and remain a nonconforming use until a use permit is obtained.

(1975 Code, § 9-2.1204) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.234 - Maintenance.

Maintenance may be performed on a nonconforming structure or building.

(1975 Code, § 9-2.1205) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1991-441, effective 8-9-91; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.235 - Limitations on modifications.

(A)

Nonconforming uses. Notwithstanding any other provision of this subchapter, no nonconforming use shall be altered, increased, enlarged, or established.

(1975 Code, § 9-2.1206)

(B)

Nonconforming lots.

(1)

The boundaries of a nonconforming lot shall not be modified in any way that increases the nonconformity of such lot except as otherwise provided herein.

(2)

Notwithstanding the provisions of division (B)(1) above, the nonconformity of a nonconforming lot may be increased by a lot line adjustment if the Planning Commission finds that:

(a)

No additional lots or building sites would be created;

(b)

The adjustment is consistent with the General Plan;

(c)

The adjustment does not create nonconforming setbacks; and

(d)

No existing conforming lot shall be made nonconforming.

(1975 Code, § 9-2.1207)

(C)

Nonconforming structures or buildings.

(1)

Nonconforming structures or buildings shall not be altered in any way that would increase or create an additional nonconforming attribute, except as allowed by Section 153.236.

(2)

In CC Zoning Districts nonconforming structures or buildings may be altered as provided in this subchapter to accommodate any permitted use, or conditional use allowed in that district.

(3)

In R-1, SR, RR, all SCP and all OS Districts nonconforming structures or buildings may be altered as provided in this subchapter only if such alteration does not result in a change of use, other than ministerial conversion of nonconforming structures or buildings to accessory dwelling units and conversion between single-family residential and habitable accessory uses, of the nonconforming portion of the building or structure, unless it is determined by the Planning Commission that:

(a)

The proposed new use will conform to the General Plan and Zoning Ordinance;

(b)

The proposed new use will not create adverse impacts on adjacent properties or properties across a public or private roadway, including but not limited to, impacts related to privacy, noise, odors, parking and traffic;

(c)

The proposed new use will not negatively impact development potential on adjacent properties by, including, but not limited to, encroaching into the required separation of structures; or impacting the ability to house or maintain livestock, fowl and small animals; and,

(d)

The Planning Director shall notify, by first class mail, all property owners within 300 feet of the subject property of the exception request, at least ten days prior to the Planning Commission meeting.

(1975 Code, § 9-2.1208) (Ord. 1991-441, effective 8-9-91; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-594, § 2, effective 5-24-18)

Sec. 153.236 - Limitations applicable to alterations, additions, replacement, or paved area and surface coverage.

(A)

Alterations. Alterations to a nonconforming structure, including the complete rebuilding of such structures are allowed, provided they do not increase or create additional nonconforming attributes and all of the following conditions are met:

(1)

A building permit for the proposed alterations shall be obtained;

(a)

Where alterations significantly modify the exterior of the structure, the architectural style and all other aspects of the structure shall be reviewed pursuant to Sections 153.911 through 153.918 and shall be approved in accordance with ordinances that would be applicable if the structure were to be constructed new or if the structure were conforming;

(2)

The footprint and plate heights of the nonconforming portions of the structure shall not be increased; with the exception that the plate height of an accessory dwelling unit constructed above an existing, nonconforming garage, may be increased to a maximum of 11 feet. Additionally, the overall height of the nonconforming portions shall not be increased above a maximum height of 17 feet;

(3)

An encroachment permit has been granted for any structure or building located within the Town's road right-of-way; and

(4)

If the structure is for human habitation, the structure shall not be located in:

(a)

A flood hazard zone, or

(b)

A landslide as defined on the Town's geologic map or an otherwise identified landslide, unless the location of such structures shall be permitted by the Town Engineer in his/her sole discretion.

(5)

Notwithstanding the above, if the alteration involves the relocation of a building that is deemed to qualify for the California Register of Historical Resources, and the purpose of the relocation is for restoration consistent with the Secretary of the Interior Standards, the qualifying building may be placed on any lot despite exceeding the maximum size limitations, provided all other provisions of this chapter are met, and the building was originally built in and is currently located in Woodside.

(B)

Additions.

(1)

Additions to a nonconforming structure or building are prohibited unless such additions shall conform to the provisions of all applicable ordinances, including, but not limited to, those ordinances prescribing setbacks and height limits.

(2)

Notwithstanding the provisions of division (B)(1) above, an exception to permit an addition to a nonconforming main residence to encroach into a setback may be granted by the Planning Director, provided all of the following are satisfied:

(a)

The total floor area of the encroaching portion of the addition to the nonconforming main residence shall not exceed 10% of the maximum house size allowed for the lot on which the nonconforming main residence is located;

(b)

The total area of the nonconforming main residence after the addition is made shall not exceed 95% of the maximum house size allowed for the lot on which the nonconforming main residence is located;

(c)

No part of the proposed additions(s) shall encroach into the setback to a greater extent than the furthest encroachment of the nonconforming main residence prior to the addition, or so as to create a side setback of less than ten feet or a rear setback of less than 17 feet.

(d)

The addition that extends into the setback shall not exceed a 17-foot overall height maximum as measured from natural or finished grade, whichever is lower;

(e)

The addition shall conform to all applicable ordinances and regulations except those relating to setback;

(f)

The existing setback encroachment was not created through a variance granted by the Town;

(g)

In the R-1 zoning district, the new encroachments of the addition are limited to the front setback area; and

(3)

Setback encroachments for additions to nonconforming building features listed in Municipal Code Section 153.207(C)(1) within residential zoning districts. Notwithstanding the provisions of division (B)(1) above, an exception to permit an addition to an existing nonconforming building feature listed in Section 153.207(C) (1) to encroach into a setback may be granted by the Planning Director, provided all of the following are satisfied:

(a)

The existing building feature shall be attached to an existing building which currently exceeds the permitted setback encroachment in Section 153.207(C)(1);

(b)

The addition(s) shall comply with any applicable ordinances and regulations, such as the maximum requirements for floor area, height, or paved area and surface coverage;

(c)

The addition(s) shall meet the minimum setbacks in the table below:

(d)

The addition(s) that extends into the setback shall not exceed a 17-foot overall height maximum as measured from natural or finished grade, whichever is lower. For chimneys, the overall height measurement shall be to the adjacent building plate height. For decks, balconies, and stairways, the overall height shall be measured to the top of the walking surface, and;

(e)

The addition(s) shall not exceed 250 square feet in a 12-month period starting at the date of passing a final inspection for an addition previously permitted by this subsection.

(4)

Floor area relocation. Notwithstanding the provisions of division (B)(1) above, an exception to permit a relocation of portions of the footprint of a nonconforming main residence, which exceeds the maximum

floor area, may be granted by the Planning Director provided all of the following are satisfied:

(a)

The relocated portion shall not encroach into the setback to a greater extent than exists and shall meet all required height restrictions;

(b)

A portion of the residence equal to or greater than the relocated portion beyond the current footprint shall be removed;

(c)

The average exterior wall height of the relocated portion of the residence shall be equal to or lower than the average plate height of the portion to be removed;

(d)

The building height of the relocated portion of the residence shall be equal to or lower than the building height of the portion to be removed; and

(e)

The relocated portion shall be limited to ten percent of the maximum allowable main residence size for the zoning district without an exception.

(5)

The following shall be considered/performed when processing exceptions pursuant to divisions (B)(2) and (B)(4):

(a)

The exception shall not cause significant adverse impacts on neighboring property owners.

(b)

The Planning Director shall notify, by first class mail, all property owners within 300 feet of the subject property of the exception request, of any Planning Director approval.

(c)

Decisions of the Planning Director concerning exceptions granted pursuant to divisions (B)(2) and (B)(4) may be appealed to the Planning Commission pursuant to Sections 153.971 through 153.973.

(1975 Code, § 9-2.1210)

(C)

Paved area and surface coverage. Properties that exceed the maximum permitted paved area and surface coverage for the zoning district shall be subject to the following:

(1)

Paved area and surface coverage may be repaired or replaced in the same location.

(2)

Paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3)

Paved area and surface coverage totaling more than 250 square feet may be relocated if:

(a)

The relocation will result in elimination of the nonconformity, or

(b)

The relocation will result in a reduction of 25 percent or more of the paved area and surface coverage which exceeds the maximum permitted paved area and surface coverage.

(c)

Exceptions. Paved area and surface coverage totaling more than 250 square feet may not be relocated if:

1.

The Town has a survey on file that was associated with a permit issued after January 1, 2000, showing less paved area and surface coverage than is shown on the current application; and

2.

The Town does not have any additional evidence that the paved and surface coverage areas presented as existing at the time of application were permitted by the Town after the survey was prepared.

3.

If the records above do not exist, it shall be presumed that the paved area and surface coverage presented as existing at the time of application were installed in accordance with the Town's regulations.

(Ord. 1991-444, effective 8-9-91; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2005-526, effective 5-1205; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2013-559, effective 3-14-13; Am. Ord. 2014-563, effective 2-13-14; Am. Ord. 2017-385, effective 4-27-17; Am. Ord. 2017-586, effective 6-8-17; Am. Ord. 2018-593, effective 4-26-18; Am. Ord. 2020-608, § 2, effective 4-23-20; Am. Ord. 2021-616, § 2(Exh. A, § II), effective 3-11-21)

Sec. 153.237 - Discontinuance due to cessation of use.

(A)

Nonconforming use of buildings and structures. A nonconforming use shall be deemed to have ceased and shall not therefore be reestablished when it has been discontinued or abandoned, either temporarily or permanently, for a period of 24 consecutive months or more with or without the intention to abandon such use.

(1975 Code, § 9-2.1215)

(B)

Exceptions to Division (A). Where the nonconforming use of a structure or building which is presently nonconforming has been abandoned or discontinued for a period of 24 consecutive months or more, the nonconforming use of such structure or building shall not be reestablished, except for the following uses:

(1)

Agricultural uses;

(2)

Barns;

(3)

Churches;

(4)

Manufactured homes;

(5)

open space and conservation uses;

(6)

Residential care homes;

(7)

Single-family dwellings; and

(8)

All accessory uses listed in Section 153.107 Table A-3.

(1975 Code, § 9-2.1213)

(C)

Nonconforming uses of land. Where the nonconforming use of land which involves no structures or buildings other than minor structures, such as the use of land for keeping of livestock, fences, signs, or buildings less than 400 square feet in floor area has been abandoned or discontinued for a period of 24 consecutive months or more with or without the intention to abandon such use, the nonconforming use of such land and structures shall not be reestablished.

(Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-94, effective 3-25-99; Am. Ord. 212-558, effective 1-1013; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.238 - Termination of nonconforming uses.

After a public hearing as provided for below in this section, the Planning Commission may terminate any nonconforming use which is determined to be detrimental to the public health or safety or has been determined to be a public nuisance.

(1975 Code, § 9-2.1216)

(A)

Procedures. Any person or the Town may file a written request with the Planning Director for the termination of a nonconforming use on the grounds set forth above in this section. Upon the filing of any such request, the Planning Director shall investigate the facts set forth in such request and thereafter shall prepare a written report and submit it to the secretary of the Planning Commission. The secretary of the Planning Commission shall thereafter cause such matter to be set for a public hearing before the Planning Commission at its next available meeting. Notice of the time, place and purpose of such hearing shall be given by the secretary of the Planning Commission in the manner and form set forth in Section 153.963 of this chapter.

(1975 Code, § 9-2.1217)

(B)

Hearings. At the public hearing, the Planning Commission shall receive all relevant evidence and hear all testimony concerning the establishment, operation, and maintenance of the nonconforming use. If, after the public hearing has been conducted, the Planning Commission finds that the nonconforming use is exercised, operated, or maintained in such a manner so as to be detrimental to the public health or safety, or so as to be a public nuisance, the Planning Commission may terminate the nonconforming use. The procedure set forth in this section is required to protect the public from nonconforming uses which are or have become hazards and/or nuisances and is separate and distinct from the procedure for the abatement of public nuisances which may be provided for by other Town ordinances.

(1975 Code, § 9-2.1218) (Ord. 1981-302, effective 1-7-82; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.239 - Nonconforming uses of land and structures.

Nonconforming signs advertising any product, service, or enterprise shall be removed not later than 25 years after the adoption of Ordinance No. 1959-80 (November 8, 1959).

(1975 Code, § 9-2.1219) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-24-99; Am. Ord. 2017-589, effective 8-24-17)