Woodside — Nonconforming Uses

Last reviewed: July 3, 2026

Overview

This page summarizes how the Town of Woodside treats nonconforming uses, lots, structures and buildings under the Woodside zoning ordinance (Title 15/153 series). It explains what may be continued, what may be changed, time limits for abandonment, and the special rules that apply to residential districts (including ADU conversions and SB9 lots). Always confirm parcel‑specific interpretations with the Planning Department. § 153.230—153.239

The analysis below assumes familiarity with Woodside's broader zoning, land use, and development standards frameworks; it also notes where you will need to consult Woodside rules on parking, design review, overlay districts, and ADUs. For building‑safety items the Town applies the California Building Standards Code.

Governing rules (quick orientation)

• Continuation allowed: A nonconforming use, lot, structure or building may be continued unless the code provides otherwise. § 153.232
• No enlargement/establishment: As a rule, no nonconforming use may be altered, increased, enlarged, or newly established. § 153.235(A)
• Abandonment/discontinuance: A nonconforming use is deemed abandoned and cannot be reestablished after 24 consecutive months of cessation (with enumerated exceptions). § 153.237(A–C)
• Termination for nuisance: Planning Commission may terminate a nonconforming use after public hearing if it is detrimental to public health, safety, or is a public nuisance. § 153.238
• Alterations and additions: Alterations are allowed only where they do not increase or create additional nonconforming attributes and must meet the tests and limits in § 153.236 (including building permit, height/footprint limits, and design review where applicable). § 153.236
• Lots: Boundaries of a nonconforming lot generally may not be changed to increase nonconformity, but a lot line adjustment may increase nonconformity only if strict findings are met. § 153.235(B)

District-by-district breakdown (what matters for nonconforming work)

Below are the Woodside districts most relevant to resident and small‑site owners. For each district I list the district name used in the code, the practical purpose and typical uses, the key nonconforming / dimensional rules that change how you can work on existing nonconforming buildings, and where that district generally applies in town. If you need the full numeric arrays (e.g., the complete Table H setbacks or Table E TFAs), see the code tables referenced under each § and verify with the Town.

Note: District names appear in the code as R-1, SR, RR, SCP, CC, and OS; the code also defines SCP subzones such as SCP‑5, SCP‑7.5, SCP‑10, and several OS variants. See § 153.108 and associated tables for full lists.

R-1 (Residential)

• Purpose / typical uses: Single‑family residential lots and accessory uses (garages, accessory structures, small hobby uses). See permitted use tables for details.
• Key nonconforming rules that matter:
  • Nonconforming structures may be altered only if alteration does not create or increase nonconforming attributes except as allowed by § 153.236. § 153.235(C)(3)
  • Additions that encroach into setbacks: exceptions may be granted by the Planning Director; limits include that the encroaching portion may be no more than 10% of the maximum house size for the lot and total house size after the addition must not exceed 95% of the maximum allowed main residence size. Encroachment cannot create a side setback less than 10 ft or rear less than 17 ft. § 153.236(B)(2)(a–c)
  • Where an existing attached garage is converted to an ADU, no new setback is required and a 4‑ft side/rear setback may apply to a second‑story ADU above an existing nonconforming garage. See accessory dwelling rules. § 153.211(A)(11–12)
• Where it applies: Most single‑family neighborhoods; check the zoning map in the code. See Table H for base setbacks. § 153.207

SR (Suburban Residential)

• Purpose / typical uses: Larger residential lots with allowances for accessory agricultural/equestrian uses.
• Key nonconforming rules: Same overarching limitations as R-1 but different numeric TFA/lot coverage caps (see Table E, Table L‑1); nonconforming structures in SR require the same non‑increase rule except limited exceptions under § 153.236. § 153.235 and § 153.236

RR (Rural Residential)

• Purpose / typical uses: Rural and agricultural‑oriented large lots; the code treats TFAs differently and allows certain accessory agricultural uses.
• Key nonconforming rules: Nonconforming lot adjustments and TFA adjustments for legal nonconforming lots are explicitly handled (see Table E‑1, § 153.206). Additions and alterations to nonconforming buildings are subject to § 153.236 limits. § 153.206, § 153.236

SCP (Special Conservation Planning — includes SCP‑5, SCP‑7.5, SCP‑10)

• Purpose / typical uses: Conservation‑oriented zoning with scaled TFAs and tight development footprints; common in Woodside’s hillside and rural conservation estates.
• Key nonconforming rules: The code includes explicit adjusted TFAs for legal nonconforming lots in SCP zones (Table E‑1). In these zones nonconforming structures are tightly regulated; alterations that change use or increase nonconformity require Planning Commission review. § 153.206, § 153.235(C)(3)

CC (Community Commercial)

• Purpose / typical uses: Town‑center commercial uses, small retail, offices, services along Woodside Road.
• Key nonconforming rules: In CC districts, nonconforming structures may be altered to accommodate any use permitted or conditionally permitted in that district (a more flexible rule than residential districts). § 153.235(C)(2)

OS (Open Space) and OS variants

• Purpose / typical uses: Conservation, open space, agricultural accessory uses; carries special constraints (e.g., equestrian exceptions for paving).
• Key nonconforming rules: Nonconforming structures in OS districts are permitted to continue but alterations are limited and subject to the general nonconforming subchapter and special OS provisions (paved area exception processes, etc.). § 153.235(C)(3) and various OS provisions

SB9 lots (special rules)

• Purpose / typical uses: Lots created or converted under the SB9 lot split / two‑unit state law pathway have their own nonconforming regime. § 153.985—153.989 create a stand‑alone set of SB9 rules.
• Key nonconforming rules: Existing improvements on an SB9 lot that become nonconforming are NOT governed by § 153.230—153.239; instead they are governed by § 153.987, which repeats the non‑enlargement rule but uses SB9‑specific standards (and ministerial review processes for SB9 projects). § 153.987

Table — Most decision‑relevant nonconforming standards and permitted changes

Practical guidance (how to approach a nonconforming work request)

• Determine whether you are dealing with a nonconforming use, nonconforming structure, or nonconforming lot (the code treats each differently). § 153.231—153.236
• If your scope is maintenance or ordinary repair, the code explicitly permits maintenance of a nonconforming structure. Obtain a building permit and proceed. § 153.234
• If your project would increase footprint, plate height, or create additional nonconforming attributes, it is likely prohibited unless you can satisfy the narrow exceptions in § 153.236 (building permit, no increased nonconformity, design review if exterior changes are substantial). § 153.236
• For accessory dwelling units: the code allows ministerial ADU conversions within existing structures and limits the Town’s ability to deny an ADU solely because of unrelated nonconforming conditions (the ADU rules include specific setbacks, parking, and notice provisions). See § 153.211 for the ADU framework and the code’s nonconforming‑condition protection for ADUs. § 153.211(A)(12)
• If your parcel is in a geologic/fault setback zone, follow the separate nonconforming rules in § 153.427 before pursuing alterations. § 153.427

Checklist

• Confirm whether the item is a nonconforming use, nonconforming structure, or nonconforming lot. § 153.231—153.232
• If proposing work, prepare a scope that demonstrates the work will not increase or create additional nonconforming attributes; identify plate/height/footprint impacts. § 153.236(A)
• Obtain required building permit(s); provide geotechnical reports if in a fault or geologic hazard area. § 153.236(A)(1), § 153.427
• If seeking a setback encroachment for an addition, document that the encroaching area ≤ 10% of max house size and total ≤ 95% allowed main residence; confirm side ≥ 10 ft and rear ≥ 17 ft (or meet Table O minima). § 153.236(B)(2–3)
• If converting to an ADU, follow ministerial ADU procedures and include any demolition permit for replacing a detached garage; Town cannot deny solely due to unrelated nonconforming zoning conditions that are not a health/safety threat. § 153.211(A)(12)
• If on an SB9 lot, use the SB9 nonconforming rules (SB9 nonconformities are NOT governed by § 153.230—153.239). § 153.987
• If you believe the nonconforming use is a nuisance or poses hazards, be prepared for possible Planning Commission action to terminate that use after public hearing. § 153.238

Risks & Ambiguities

Plain‑English summary

Woodside lets old (pre‑zoning) uses and buildings keep existing, but they cannot be made worse: you can maintain and in some narrow cases modify—but you generally cannot enlarge or create new nonconformities. If a use stops for 24 months, you lose the right to restart it, and the Town can terminate nonconforming uses found to be public nuisances after a hearing. Key exceptions exist for ADU conversions, limited additions under tight numeric caps, and special SB9 rules — always check the specific § cited below and verify with the Planning Director. § 153.232—153.238, § 153.236, § 153.211, § 153.987

Source References

• Woodside Municipal Code — Nonconforming uses subchapter: § 153.230—§ 153.239 (continuation, maintenance, limitations, abandonment, termination).
• Woodside Municipal Code — Alterations/additions to nonconforming structures: § 153.236 (conditions, plate/height limits, monitoring for design review).
• Woodside Municipal Code — Limitations on modifications and lot adjustments: § 153.235 (lots, structures).
• Woodside Municipal Code — Abandonment/discontinuance: § 153.237 (24‑month rule; exceptions list).
• Woodside Municipal Code — Termination procedures for nonconforming uses (Planning Commission hearing): § 153.238.
• Woodside Municipal Code — Accessory Dwelling Units: § 153.211 (ministerial ADU conversions; nonconforming‑condition protections).
• Woodside Municipal Code — SB9 rules and SB9 nonconforming standards: § 153.985—§ 153.989, and § 153.987 (SB9 nonconforming regime).
• Woodside Municipal Code — Fault setbacks and geologic hazard nonconforming rules: § 153.427.
• Woodside Municipal Code — Zoning district table and permitted uses (district names R‑1, SR, RR, SCP, CC, OS, etc.): various tables and § 153.108.
• California ADU guidance (state context referenced for ADU‑vs‑nonconforming interplay): California ADU handbook (included in uploaded files).

Retrieved passages

• Woodside Zoning Code (§ 9-2.1216) High relevance show source text
• Woodside Zoning Code (§ 9-2.1201) High relevance show source text
• Woodside Zoning Code (§ 9-2.1205) High relevance show source text
• Woodside Zoning Code (§ 9-2.1215) High relevance show source text
• Woodside Zoning Code (§ 9-2.406) High relevance show source text
• Woodside Zoning Code (§ 9-2.1208) High relevance show source text
• Woodside Zoning Code (§ 9-2.1207) High relevance show source text
• Woodside Zoning Code (Chapter 150) High relevance show source text
• Woodside Zoning Code (§ 66314) Medium relevance show source text
• Woodside Zoning Code (chapter shall) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Woodside Zoning Code (§ 66333) Medium relevance show source text
• CBC § 153.211 (Section 153.211) Medium relevance show source text
• CBC § 66321 (§ 66321) Medium relevance show source text
• Woodside Zoning Code (§ 4) Medium relevance show source text

Cited sections

• Woodside Municipal Code — Nonconforming uses subchapter: **§ 153.230—§ 153.239** (continuation, maintenance, limitations, abandonment, termination). (§ 153.230)
• Woodside Municipal Code — Alterations/additions to nonconforming structures: **§ 153.236** (conditions, plate/height limits, monitoring for design review). (§ 153.236)
• Woodside Municipal Code — Limitations on modifications and lot adjustments: **§ 153.235** (lots, structures). (§ 153.235)
• Woodside Municipal Code — Abandonment/discontinuance: **§ 153.237** (24‑month rule; exceptions list). (§ 153.237)
• Woodside Municipal Code — Termination procedures for nonconforming uses (Planning Commission hearing): **§ 153.238**. (§ 153.238)
• Woodside Municipal Code — Accessory Dwelling Units: **§ 153.211** (ministerial ADU conversions; nonconforming‑condition protections). (§ 153.211)
• Woodside Municipal Code — SB9 rules and SB9 nonconforming standards: **§ 153.985—§ 153.989**, and **§ 153.987** (SB9 nonconforming regime). fileciteturn1file2turn0file9 (§ 153.985)
• Woodside Municipal Code — Fault setbacks and geologic hazard nonconforming rules: **§ 153.427**. (§ 153.427)
• Woodside Municipal Code — Zoning district table and permitted uses (district names **R‑1, SR, RR, SCP, CC, OS**, etc.): various tables and § 153.108. (§ 153.108.)
• California ADU guidance (state context referenced for ADU‑vs‑nonconforming interplay): California ADU handbook (included in uploaded files).
• Woodside_ZoningCode.md
• 2025 California ADU handbook.md

• Official Woodside code library