Local zoning · Apple Valley

Apple Valley — Nonconforming Uses

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

Quick answer

Apple Valley allows legal nonconforming structures to continue; interior work is fine, but exterior expansions need full conformity or a CUP and are capped at 10% added floor area with no extra stories (§ 9.07.030.B). If damage exceeds 75% of assessed value, rebuilding must fully conform and the nonconforming use may not resume; restoration ≤75% must start within 1 year (§ 9.07.030.D). Special exceptions apply to SFRs in R‑M/M‑U and ≤4‑unit MF in R‑SF (§ 9.07.030.D.3).

Last reviewed: July 25, 2026 · AI-generated analysis · General information, not legal advice · details

Compiled from Apple Valley's adopted code with AI research tools and grounded in the sources cited below. Verify with Apple Valley planning staff before relying on it.

Overview

In Apple Valley, nonconforming uses, structures, and lots are controlled by Title 9 of the Development Code, primarily in Chapter 9.07 — Nonconforming Uses and Structures. The Town’s policy is to reduce and ultimately eliminate nonconformities over time while respecting vested rights. Key rules govern what you can repair, how far you can expand (often capped at 10%), and what happens after damage events (notably a 75% assessed-value threshold) (§ 9.07.010; § 9.07.030).

In Apple Valley, a legal nonconforming structure can continue, but exterior expansion is tightly limited and major damage triggers conformity: if repair cost exceeds 75% of the structure’s assessed value, the rebuild must fully conform and the nonconforming use cannot resume (§ 9.07.030.D).

How Apple Valley treats nonconforming uses and structures

Legal status protected, but future work is regulated. If a building/use was lawfully established, it may continue; ongoing work must follow Chapter 9.07 (§ 9.65.090.A). All land use remains subject to the Development Code (§ 9.05.020).
Interior work is broadly allowed. Repairs or interior alterations that do not enlarge or increase height are permitted (§ 9.07.030.A).
Exterior additions are constrained. Exterior enlargement/alteration must make the building conform in all respects unless the Planning Commission approves limited changes by Conditional Use Permit (CUP) for safety/aesthetics/closer conformity, with no increase in number of stories and a ≤10% increase in floor area; the new work must be compatible in design (§ 9.07.030.B; CUP per Ch. 9.16).
Setback nonconformity has a narrow path. You may alter or enlarge a building nonconforming only due to setbacks, but you cannot increase building volume within the required setback plane where the encroachment exists; all other standards must be met (§ 9.07.030.C). See Apple Valley Development Standards.
Damage and reconstruction:
- If damage repair cost is ≤75% of assessed value, the structure may be restored and the nonconforming use resumed, but restoration must start within 1 year and be diligently pursued (§ 9.07.030.D.1).
- If repair cost is >75% or the structure is razed, the rebuild must fully conform and the nonconforming use may not resume (§ 9.07.030.D.2).
- Exception: Legal nonconforming single-family homes in R‑M or M‑U, and legal nonconforming multi-family projects of ≤4 units in R‑SF, may be repaired as needed; if replaced, they must meet the minimum dwelling size in Table 9.28.040‑A(13b) (§ 9.07.030.D.3).
Overlays and special facilities still apply. Within Airport Overlays (A‑1/A‑2), any addition/remodel requiring a building permit must comply with overlay rules, underlying zoning, and FAA Part 77 height limitations (§ 9.65.090.B). Nonconforming telecom facilities are also governed by Chapter 9.07 (§ 9.77.170). See Apple Valley Overlay Districts.

Quick-reference — nonconforming structure actions

Action	Allowed?	Conditions	Code Reference
Interior repairs/alterations	Yes	No enlargement; no height increase	§ 9.07.030.A
Exterior addition/alteration	Only if conforming, or limited by CUP	CUP allowed only to improve safety/aesthetics/closer conformity; no additional stories; floor area increase ≤10%; design compatibility required	§ 9.07.030.B(1)-(3)
Alter/expand when only setback-nonconforming	Limited	No increase of building volume within required setback area where encroachment exists; comply with all other standards	§ 9.07.030.C
Restore after damage ≤75% assessed value	Yes	Start within 1 year; diligently pursue; nonconforming use may resume	§ 9.07.030.D.1
Restore after damage >75% or if razed	No (unless fully conforming)	Rebuild only if fully conforming; nonconforming use may not resume	§ 9.07.030.D.2
SFR in R‑M/M‑U; ≤4‑unit MF in R‑SF (damaged)	Yes (repair/replace)	May repair as needed; if replaced, meet minimum dwelling size in Table 9.28.040‑A(13b)	§ 9.07.030.D.3
Work within Airport Overlay	Must comply	Any permitted work must meet overlay and FAA Part 77	§ 9.65.090.B

Related processes that often come up with nonconforming properties include design review, parking, and variances and exceptions. For use changes, check the Apple Valley Zoning matrix and Apple Valley Land Use. If you’re contemplating an ADU, see Apple Valley ADUs for separate, state‑driven rules.

District-by-district notes (where nonconforming rules matter most)

Below are Apple Valley’s actual districts. For each, we summarize purpose and key standards where available and note any nonconforming-specific angles grounded in the code.

R-VLD — Very Low Density Residential

Purpose/where: Very low-density single-family on large lots; implements GP Very Low Density Residential (≥5 gross acres/unit) (§ 9.28.020.A).
Key standard: Minimum lot size 5 gross acres per unit (§ 9.28.020.A).
Notes: General nonconforming rules apply (§ 9.07.030). No district-specific exception was found. Not found in source materials: setbacks, coverage.

R-A — Residential Agriculture

Purpose/where: Continue agricultural uses near Deep Creek; allows single-family and commercial agriculture; implements GP Low Density Residential (2.5–5 gross acres/unit) (§ 9.28.020.B).
Key standard: Minimum lot 2.5 gross acres (§ 9.28.020.B).
Notes: General § 9.07.030 applies. Not found in source materials: setbacks, coverage.

R-LD — Low Density Residential

Purpose/where: Maintain open character; may include constrained areas; serves as holding zone for GP Community Reserve (§ 9.28.020.C).
Key standard: Lot sizes 2.5–5 gross acres (§ 9.28.020.C).
Notes: General § 9.07.030 applies. Not found in source materials: setbacks, coverage.

R-E — Estate Residential

Purpose/where: Rural subdivisions with equestrian/animal keeping; requires infrastructure (§ 9.28.020.D).
Key standard: Minimum lot 1.0 gross acre (§ 9.28.020.D).
Notes: General § 9.07.030 applies. Not found in source materials: setbacks, coverage.

R-E 3/4 — Estate Residential 3/4

Purpose/where: Rural subdivisions emphasizing equestrian uses; lot size set by site conditions (§ 9.28.020.E).
Key standard: Minimum lot 0.75 net acres (32,670 sf) (§ 9.28.020.E).
Notes: General § 9.07.030 applies. Not found in source materials: setbacks, coverage.

R-EQ — Equestrian Residential

Purpose/where: Rural character with equestrian uses; implements GP Single Family Residential and Equestrian Neighborhoods (GP Figure LU‑4) (§ 9.28.020.F).
Key standard: Minimum lot 0.4 net acres (18,000 sf); density 0.4–0.9 du/ac (§ 9.28.020.F).
Notes: General § 9.07.030 applies. Not found in source materials: setbacks, coverage.

R-SF — Single Family Residential

Purpose/where: Single-family subdivisions; limited animal keeping (§ 9.28.020.G).
Key standards: Minimum lot 0.4 net acres (18,000 sf); in Mountain Vista, existing 0.2 net acres (10,000 sf) allowed (§ 9.28.020.G).
Nonconforming exception: Legal nonconforming multi-family projects of ≤4 units in R‑SF may be repaired; if replaced, must meet minimum dwelling size in Table 9.28.040‑A(13b) (§ 9.07.030.D.3).
Notes: Setback nonconformities may be altered without increasing encroachment volume (§ 9.07.030.C).

R-M — Multi-Family Residential

Purpose/where: Higher-density housing types, including apartments and senior housing (§ 9.28.020.H).
Key standards: Density up to 20 du/ac; minimum lot 0.4 net acres (18,000 sf); existing 0.2 net acres lots in Mountain Vista may have SFDs (§ 9.28.020.H).
Nonconforming exception: Legal nonconforming single-family homes in R‑M may be repaired/if replaced must meet minimum dwelling size in Table 9.28.040‑A(13b) (§ 9.07.030.D.3).

MHP — Mobile Home Park

Purpose/where: Applies to existing mobile home parks; new parks require rezoning (§ 9.28.020.I).
Key standards: Density 5–15 du/net ac (§ 9.28.020.I).
Notes: General § 9.07.030 applies.

M-U — Mixed Use

Purpose/where: Integrated residential with commercial/office in master-planned projects (§ 9.28.020.J).
Key standards: Density 4–30 du/ac (§ 9.28.020.J).
Nonconforming exception: Legal nonconforming single-family homes in M‑U may be repaired/if replaced must meet minimum dwelling size in Table 9.28.040‑A(13b) (§ 9.07.030.D.3).

PRD — Planned Residential Development

Purpose/where: Flexible, creative residential design via Planned Development Permit; density must remain consistent with GP unless a consistent specific plan is adopted (§ 9.28.020.K).
Notes: General § 9.07.030 applies. Not found in source materials: specific setbacks/coverage.

OS-C — Open Space, Conservation

Purpose/uses: Conservation lands permitting low-intensity uses (e.g., single-family at max 1/20 ac, orchards, community gardens, certain utilities) (§ 9.55.030; Table 9.55.030‑A).
Notes: General § 9.07.030 applies.

OS-R — Open Space, Recreation

Purpose/uses: Recreation lands (e.g., parks, trails, golf courses, equestrian schools) (§ 9.55.030; Table 9.55.030‑A).
Notes: General § 9.07.030 applies.

P-F — Public Facilities

Purpose/uses: Public and semi-public facilities (e.g., schools, libraries, utilities; some uses by CUP) (§ 9.57.030; Table 9.57.030‑A).
Notes: General § 9.07.030 applies.

O-P — Office Professional

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

C-G — General Commercial

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

C-S — Service Commercial

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

C-R — Regional Commercial

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

C-V — Village Commercial

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

I-P — Planned Industrial

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

I-RE — Resource Extraction

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

SP — Specific Plan

Purpose/uses: Not found in source materials.
Notes: General § 9.07.030 applies.

Overlays — A‑1/A‑2 Airport, FH Flood Hazard, SH Seismic Hazard, RRO Ranchos Residential Overlay

Applicability: These overlays are established (§ 9.05.030). Specific nonconforming rules are provided for the Airport Overlay: any permitted work must comply with overlay and FAA Part 77 (§ 9.65.090.B).
Not found in source materials: Nonconforming rules specific to FH, SH, RRO.

Practical process notes

CUP pathway for limited exterior changes. To enlarge/alter the exterior of a nonconforming structure without full conformity, seek a CUP from the Planning Commission demonstrating safety, fire hazard reduction, and/or aesthetic/closer-conformity benefits, within the story and ≤10% floor-area cap (§ 9.07.030.B).
Setbacks are a hard edge. If your only nonconformity is a setback encroachment, design any addition so it adds no volume inside the required setback plane (§ 9.07.030.C). See Apple Valley Development Standards.
Overlays can override. Within Airport Overlays, even permitted changes must meet overlay/FAA height criteria (§ 9.65.090.B). See Apple Valley Overlay Districts.
Telecom and other special uses. Nonconforming towers/antennas are governed by Chapter 9.07 (§ 9.77.170).
For any proposed use shift, verify permit triggers, parking, signage, and design review requirements.

Checklist

Confirm the use/structure was legally established; if yes, it is “legal nonconforming” and eligible for Chapter 9.07 treatment (§ 9.65.090.A).
Scope interior-only work first (no enlargement/no height increase) to avoid CUP triggers (§ 9.07.030.A).
If proposing exterior changes, either: fully conform to current standards, or apply for a CUP with findings for safety/aesthetics/closer conformity; keep floor area increase ≤10% and do not add stories; ensure compatible design (§ 9.07.030.B).
For setback-nonconforming buildings, ensure no new volume encroaches into required setbacks; meet all other standards (§ 9.07.030.C).
If damaged: obtain cost estimate vs. assessed value; if ≤75%, begin restoration within 1 year; if >75%, plan a conforming rebuild and discontinue nonconforming use (§ 9.07.030.D).
Apply district-specific exceptions: SFR in R‑M/M‑U or ≤4‑unit MF in R‑SF may be repaired/replaced subject to minimum unit size (§ 9.07.030.D.3; Table 9.28.040‑A(13b)).
Within Airport Overlays, verify compliance with A‑1/A‑2 and FAA Part 77 for any permitted work (§ 9.65.090.B).
If you cannot meet standards, consider variances/exceptions where eligible (Verify with the jurisdiction).

Risks & Ambiguities

Issue	Why it matters	What to verify
Assessed value basis for 75% test	Determines whether you can restore a damaged nonconforming structure or must fully conform	Confirm “assessed value” timing and source (assessment roll immediately prior to damage) and how repair cost is calculated (§ 9.07.030.D.1)
Definition of discontinuance/abandonment	Affects right to resume a nonconforming use after a pause	Specific discontinuance rules are referenced but not provided in source materials; check § 9.07.020 (Not found in source materials). See also definitions of “Abandon”/“Abandoned Activity” (§ 9.08)
Setback “volume” interpretation	Controls whether an addition is allowed on a setback-encroaching structure	Get a zoning plan check to confirm no added volume within required setbacks (§ 9.07.030.C); see current setback standards in Development Standards
CUP findings threshold	Whether limited exterior changes to a nonconforming structure can be approved	Discuss safety, fire hazard reduction, and aesthetic/compatibility benefits with staff; CUP required and limited to ≤10% floor area and no extra stories (§ 9.07.030.B)
Airport Overlay applicability	Overlays can limit height/use regardless of nonconforming status	Confirm parcel’s overlay (A‑1/A‑2), and FAA Part 77 height surfaces, before designing any addition (§ 9.65.090.B)
Minimum dwelling size for exceptions	Controls replacement scope for SFRs in R‑M/M‑U and small MF in R‑SF	Obtain the current minimum unit size from Table 9.28.040‑A(13b) before designing replacement (§ 9.07.030.D.3)

Plain-English Summary

If your building or use in Apple Valley was legal when created but no longer matches today’s zoning, you can keep using it. You can do interior repairs freely, but exterior expansions are tightly limited unless you either bring everything up to code or get a CUP for small, safety/appearance‑driven changes capped at 10% added floor area. If it’s badly damaged—more than 75% of assessed value—you generally must rebuild to full current standards, with narrow residential exceptions.

Source References

Apple Valley Development Code Title 9 — § 9.07.010 Purpose; § 9.07.030 Continuance of Legal Nonconforming Structures
§ 9.65.090 Nonconforming Uses (Airport Overlay applicability; legal nonconforming status)
§ 9.05.020 Applicability; § 9.05.030 Establishment of Zoning Districts
§ 9.28.020 Residential Districts (R‑VLD, R‑A, R‑LD, R‑E, R‑E 3/4, R‑EQ, R‑SF, R‑M, MHP, M‑U, PRD)
§ 9.55.030 Open Space Permitted Uses (OS‑C, OS‑R)
§ 9.57.030 Public Facilities Permitted Uses (P‑F)
§ 9.77.170 Nonconforming Uses (Telecom facilities)
Chapter 9.08 Definitions (Abandon; Abandoned Activity)

Sources

Source passages

Apple Valley Zoning Code (§ 9.07.030) Medium relevance
Apple Valley Zoning Code (§ 9.28.020) Medium relevance
Apple Valley Zoning Code (§ 9.07.010) Medium relevance
Apple Valley Zoning Code (§ 9.65.090) Medium relevance
Apple Valley Zoning Code (§ 9.05.020) Medium relevance
Apple Valley Zoning Code (§ 9.05.030) Medium relevance
Apple Valley Zoning Code (§ 9.57.030) Medium relevance
Apple Valley Zoning Code (§ 9.77.170) Medium relevance
Apple Valley Zoning Code (§ 9.55.030) Medium relevance

Cited sections

Apple Valley Development Code Title 9 — § 9.07.010 Purpose; § 9.07.030 Continuance of Legal Nonconforming Structures (Title 9)
§ 9.65.090 Nonconforming Uses (Airport Overlay applicability; legal nonconforming status) (§ 9.65.090)
§ 9.05.020 Applicability; § 9.05.030 Establishment of Zoning Districts (§ 9.05.020)
§ 9.28.020 Residential Districts (R‑VLD, R‑A, R‑LD, R‑E, R‑E 3/4, R‑EQ, R‑SF, R‑M, MHP, M‑U, PRD) (§ 9.28.020)
§ 9.55.030 Open Space Permitted Uses (OS‑C, OS‑R) (§ 9.55.030)
§ 9.57.030 Public Facilities Permitted Uses (P‑F) (§ 9.57.030)
§ 9.77.170 Nonconforming Uses (Telecom facilities) (§ 9.77.170)
Chapter 9.08 Definitions (Abandon; Abandoned Activity) (Chapter 9.08)

Official Apple Valley code library

Frequently asked questions

Can I expand a legal nonconforming building in Apple Valley?

Possibly, but it’s limited. Exterior additions must either fully conform to current code or be approved by the Planning Commission via CUP to improve safety/aesthetics/closer conformity, cannot add stories, and may increase floor area by no more than 10%. The new work must be compatible with the structure (§ 9.07.030.B).

What happens if my nonconforming building is damaged by a fire?

If the cost to restore is 75% or less of the assessed value, you may restore it and resume the nonconforming use if work starts within 1 year and proceeds diligently. If the cost exceeds 75% (or it’s razed), you must rebuild in full conformity and may not resume the nonconforming use (§ 9.07.030.D).

I have a house in a multi-family (R‑M) or mixed-use (M‑U) zone. Are there any special nonconforming rules?

Yes. Legal nonconforming single-family homes in R‑M or M‑U may be repaired as needed; if replaced, they must meet the minimum dwelling size in Table 9.28.040‑A(13b) (§ 9.07.030.D.3; § 9.28.020.H, J).

My duplex sits in an R‑SF zone. Can I rebuild after damage?

Legal nonconforming multi-family projects of no more than four units in R‑SF may be repaired as needed; if replaced, they must meet the minimum dwelling unit size per Table 9.28.040‑A(13b). Larger projects must follow the general 75% rule and conformity requirements (§ 9.07.030.D.3; § 9.28.020.G).

Can I modify a building that encroaches into a required setback?

Yes, but only if you do not increase the building’s volume within the required setback area where the encroachment exists. All other standards must be met (§ 9.07.030.C). Check current setbacks in the Development Standards.

Do Airport Overlays affect my right to alter a nonconforming structure?

Yes. Any addition/remodel within the Airport Overlay that needs a building permit must comply with the overlay, the underlying zoning, and FAA Part 77 height regulations—even for legal nonconforming properties (§ 9.65.090.B).

Are interior remodels of nonconforming buildings allowed without a CUP?

Generally yes. Repairs or interior alterations are allowed if they don’t enlarge the building or increase height. No CUP is required for that work under § 9.07.030.A.

Do telecommunications towers that are nonconforming follow different rules?

They are governed by the same nonconforming provisions of Chapter 9.07. The code expressly applies Chapter 9.07 to towers, antennas, and telecom facilities (§ 9.77.170).

Is there a deadline to start restoring a damaged nonconforming structure?

Yes. If you qualify for restoration (damage ≤75% assessed value), you must start within 1 year and pursue completion diligently (§ 9.07.030.D.1).

How do I prove my use is “legal nonconforming”?

It must have been lawfully established before today’s standards changed. If so, it’s recognized but subject to Chapter 9.07. The Town does not require change to such uses solely due to the adoption of current rules (§ 9.65.090.A). Keep permits, approvals, and records to document legality.

General information, not legal advice.

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