Local zoning · Apple Valley

Apple Valley — Nonconforming Uses

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

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Last reviewed: July 3, 2026

Overview

This page summarizes how the Town of Apple Valley treats nonconforming uses, nonconforming structures, and nonconforming lots under the local Development Code (Title 9). The rules are implemented through Chapter 9.07 and interact with the Town’s site development standards, parking, overlay rules and permit processes. Key limits: maintenance and limited repairs are allowed, changes that enlarge/intensify the use are generally prohibited, a 180‑day discontinuance rule applies, and a 75%‑of‑value rebuild threshold triggers loss of nonconforming status. § 9.07.010, § 9.07.020, § 9.07.030 govern these rules.

Note: where the Development Code references other topics we will show the cross‑links to the Town pages for related reviews such as site development, parking, overlays, design review, ADUs, and the state building code. See first mentions inline below.

What the Code requires (high‑level)

  • Basic authority and purpose: Chapter 9.07 declares nonconforming uses and structures are to be eliminated or brought into conformity as rapidly as is constitutionally permissible; the Chapter sets rules for continuance, repair, enlargement, abandonment, and restoration. § 9.07.010.

  • Continuance of a legal nonconforming use: A use that lawfully existed prior to the effective date of the Code may continue only if it is not discontinued for 180 consecutive days; change of ownership or tenancy alone does not terminate status so long as the use/intensity does not change. § 9.07.020.

  • Expansion/intensification: A nonconforming use may not be enlarged or intensified to occupy additional area that it did not occupy when it became nonconforming. New development on the same property must conform to the code. § 9.07.020.D–E.

  • Nonconforming structures: Repairs and interior work that do not increase height or exterior size are allowed. Exterior additions are prohibited unless the addition is made to fully conform, or the Planning Commission permits an alteration meeting safety/aesthetic findings, the addition increases floor area by no more than 10%, and a Conditional Use Permit is approved per Chapter 9.16. § 9.07.030.A–B.

  • Setback nonconformities: Buildings nonconforming only because they encroach into a required setback may be altered or enlarged provided the enlargement does not increase building volume within the required setback area. § 9.07.030.C.

  • Damage/reconstruction threshold: If a nonconforming structure is damaged, it may be restored and the nonconforming use resumed only if the cost of restoration does not exceed 75% of the assessed value (immediately prior to damage). Restoration must begin within one year and be diligently pursued. If repair costs exceed 75%, rebuilding must comply fully with current district regulations (nonconforming use cannot resume except as Chapter 9.07 permits). § 9.07.030.D.1–2.

  • Narrow exception for housing replacements: Legal nonconforming single‑family homes in the R‑M or M‑U zones, or nonconforming multi‑family projects of up to four units in R‑SF, may be repaired or replaced subject to minimum dwelling size rules in Table 9.28.040‑A. § 9.07.030.D.3.

  • Nonconforming parking: A use with insufficient parking may not be expanded unless the additional parking required by the Code can be provided; existing parking may only be counted if it complied when installed. See Chapter 9.72 (parking requirements) and Chapter 9.07 rules.

  • Applicability in overlays and special chapters: Overlay chapters (for example the Airport Overlay) explicitly defer to Chapter 9.07 for nonconforming issues. § 9.65.090 (Airport Overlay) references Chapter 9.07.

Practical note: when a property is subject to an overlay or recorded tract map, the overlay or map may change which setbacks or standards apply — see the Town’s site development standards and overlay districts pages for where to confirm those lines. (/us/california/apple-valley/development-standards and /us/california/apple-valley/overlay-districts)

District‑by‑district (how nonconforming rules intersect with the zoning map)

Below are the primary zoning districts appearing in the Development Code. The Chapter 9.07 nonconforming rules apply across districts (see § 9.07.010–030) but a few district‑specific development standards and exceptions are relevant and are pulled from Table 9.28.040‑A (Site Development Standards) and related tables.

Note: the Code contains a comprehensive use table (Table 9.28.030‑A) listing permitted uses in each residential district; consult that table for permitted vs. non‑permitted uses.

R‑VLD (Very Low Density Residential)

  • Purpose: rural/large‑lot residential; preserve open desert character. § 9.28.040 (Table).
  • Typical permitted uses: single family, limited agriculture, large‑lot residential uses per Table 9.28.030‑A.
  • Key standards (Table 9.28.040‑A): minimum lot area 5 acres, minimum front setback 50 ft, height limit 35 ft, max lot coverage 25%. § 9.28.040 / Table 9.28.040‑A.
  • Where it matters for nonconformances: large‑lot dimensions mean a nonconforming structure is often a setback or lot size issue; Chapter 9.07 rules on repairs/expansions apply. § 9.07.030.

R‑A (Residential Agriculture)

  • Purpose: combine limited agriculture with residential on large parcels. § 9.28.040.
  • Typical uses: agriculture, single family; accessory agricultural uses per Table 9.28.030‑A.
  • Key standards: minimum lot area 2.5 acres, front setback 50 ft, height 35 ft, lot coverage 25%. § 9.28.040.

R‑LD (Low Density Residential)

  • Purpose: lower‑density suburban single family. § 9.28.040.
  • Key standards: minimum lot area 2.5 acres, front setback 50 ft, height 35 ft, lot coverage 25%. § 9.28.040.

R‑E, R‑E ¾, R‑EQ (Estate / Equestrian)

  • Purpose: estate residential and equestrian uses; keep rural character. § 9.29.010 and Table 9.28.040‑A.
  • Key standards (examples from Table 9.28.040‑A): R‑E minimum lot area 1 acre, R‑E¾ minimum lot area 32,670 sq ft, setbacks vary; height 35 ft; lot coverage 25–30% depending on exact district. § 9.28.040.

R‑SF (Single Family Residential)

  • Purpose: typical single‑family neighborhoods. § 9.28.040.
  • Typical standards: minimum lot area 18,000 sq ft, front setback 30 ft, height 35 ft, max lot coverage 40%. § 9.28.040 / Table.
  • Nonconforming exception: limited exception allows repair/replace of multi‑family projects of up to four units in R‑SF after damage as stated in § 9.07.030.D.3 (see rebuilding exception).

R‑M (Multi‑Family Residential)

  • Purpose: medium‑density multi‑family housing. § 9.28.040.
  • Typical standards: minimum lot area 18,000 sq ft, front setback 20 ft, height 35–50 ft depending on context, max lot coverage 70%. § 9.28.040.
  • Nonconforming housing exception: legal nonconforming single‑family homes located in the R‑M or M‑U zones may be repaired or replaced per § 9.07.030.D.3.

M‑U (Mixed Use), Commercial and Industrial Districts

  • Purpose: commercial, office and mixed uses; see Tables 9.35.040‑A and 9.35.040‑B for specifics. § 9.35.040.
  • Key standards: front setbacks and heights vary by subdistrict (for example M‑U height up to 50 ft, front setback 35/10 per table). § 9.35.040 and § 9.28.040.
  • Nonconforming commercial uses: same Chapter 9.07 rules apply (no expansion, parking rules, discontinuance), and specific use chapters (e.g., service station rules) add further conditions. § 9.07.020; see also special rules for abandoned service stations in 9.35.140.

(For the full numeric table of minimum lot areas, setbacks, lot coverage and height for these and other districts, see Table 9.28.040‑A.)

Quick reference table — most decision‑relevant nonconforming rules

Topic Rule / standard Code reference
Legal basis / purpose Nonconforming uses to be eliminated or conformed where possible § 9.07.010
Continuance of a legal nonconforming use Change of ownership OK if use/intensity unchanged; discontinuance ≥180 days = loss of status § 9.07.020
Expansion or intensification Prohibited — cannot extend into areas not previously occupied § 9.07.020.D
Exterior additions to nonconforming structures Allowed only if fully conformed or Planning Commission permits; floor area increase ≤10% when allowed via Conditional Use Permit § 9.07.030.B and Chapter 9.16 for CUP process
Damage/rebuild threshold Repair allowed if cost ≤75% of assessed value; if >75% must rebuild to current standards § 9.07.030.D.1–2
Nonconforming parking Cannot expand unless additional parking required by § 9.72.020 can be provided Chapter 9.72; see § 9.72.020 and Chapter 9.07
Site/development standards affecting nonconformance District setbacks, heights, lot area are in Table 9.28.040‑A, which determines what “conforming” looks like § 9.28.040 / Table 9.28.040‑A

Checklist — what an applicant (owner or their planner) must assemble

  • Evidence that the use/structure was lawfully established prior to the triggering Code date (to claim legal nonconforming status). § 9.07.020.
  • Demonstrate the use has not been discontinued for 180 consecutive days (provide tax, utility, business records). § 9.07.020.B.
  • If proposing exterior alterations or enlargement, prepare a Conditional Use Permit application (plans, design narrative) and show the proposed increase is ≤10% floor area where the Planning Commission may allow. § 9.07.030.B.2–3 and Chapter 9.16.
  • If the project involves parking changes, include a parking plan showing compliance with § 9.72.020 or demonstrate how additional parking will be provided. (First mention: see Town parking page).
  • For damage or demolition, obtain cost estimates and assessor’s value to determine the 75% threshold; document and submit per § 9.07.030.D.
  • Apply the district table (Table 9.28.040‑A) to show which setbacks, heights, lot coverage and minimum unit sizes will govern if the nonconforming status is lost or if the addition requires conformity. § 9.28.040.
  • If an overlay applies (e.g., Airport Overlay, Ranchos Overlay), show how overlay provisions affect rebuild or setbacks; most overlays defer to Chapter 9.07. § 9.65.090 and Chapter 9.63.
  • When design/appearance matters, prepare materials for the Town’s design review process as required by the applicable chapter. (First mention: Town design review page.)

Risks & Ambiguities

Issue Why it matters What to verify
Was the use lawfully established? If not lawful at inception, it is not entitled to nonconforming protection and must conform immediately Gather permits, dated invoices, business licenses, aerial photos; confirm date relative to Code effective date. § 9.07.020
180‑day discontinuance calculation Interruption of operations for 180 days strips nonconforming status — ambiguous when temporary closures or repairs occurred Verify closure start/end dates, permit records, postmarks, utility records. § 9.07.020.B
Damage threshold computation (75%) If cost > 75% of assessed value, rebuilding must meet current Code, potentially requiring compliance with all setbacks/densities Get assessor’s pre‑damage valuation and contractor estimates; verify what cost items are included. § 9.07.030.D.1–2
Whether proposed work increases building volume within setback Setback nonconformance prohibits increases to volume within required setback; determining “volume” can be technical Provide clear plans/volume calculations; confirm setbacks from Table 9.28.040‑A and any recorded map lines. § 9.07.030.C and § 9.28.040
Nonconforming parking credits Existing parking counts only if it complied at time of construction; otherwise expansions blocked Find original site plans/permits showing number and configuration of parking spaces; consult § 9.72.020 and Chapter 9.07.
Overlay or recorded map setbacks Recorded tract map or Ranchos overlay setbacks may supersede Table 9.28.040‑A and affect what “conforming” requires Check title, tract or parcel maps and Chapter 9.63 (Ranchos Overlay) for applicable recorded setback lines. § 9.28.040; Chapter 9.63.

Plain‑English summary

If your building or business in Apple Valley started legally under an older code but no longer meets today’s rules, Chapter 9.07 lets you keep it in place — but you generally cannot expand or increase how intensely you use it, you lose protection if it sits unused for 180 days, and if it’s mostly destroyed (repairs > 75% of assessed value) you must rebuild to current rules. § 9.07.020–030.

Source References

  • Town of Apple Valley Development Code — Chapter 9.07 (Nonconforming Uses and Structures): § 9.07.010, § 9.07.020, § 9.07.030.
  • Town of Apple Valley Development Code — § 9.28.040 (Site Development Standards, Table 9.28.040‑A).
  • Town of Apple Valley Development Code — Conditional and Special Use Permit requirements (Chapter 9.16) referenced for CUPs.
  • Town of Apple Valley Development Code — Nonconforming parking and parking chapter references (Chapter 9.72 / § 9.72.020).
  • Airport Overlay nonconforming rule referencing Chapter 9.07: § 9.65.090.

Internal Town resource pages (first inline mentions linked above) used for context:

  • site development standards (/us/california/apple-valley/development-standards)
  • parking (/us/california/apple-valley/parking)
  • overlay districts (/us/california/apple-valley/overlay-districts)
  • design review (/us/california/apple-valley/design-review)
  • ADUs (/us/california/apple-valley/adu)
  • California Building Standards Code (/us/california/building-codes)
  • variances and exceptions (/us/california/apple-valley/variances-and-exceptions)

(All legal requirements quoted above were taken from the Town of Apple Valley Development Code excerpts provided; code text itself is the authoritative source. Where the code text does not supply procedural timing or detailed subrules for a parcel, verify with the Town Planning Division.)

Sources

Retrieved passages

  • Apple Valley Zoning Code (Chapter 9.07) High relevance
  • Apple Valley Zoning Code (Section 9.07.030) High relevance
  • Apple Valley Zoning Code (Chapter 9.13) High relevance
  • Apple Valley Zoning Code (Section of) High relevance
  • Apple Valley Zoning Code (Chapter 9.16) High relevance
  • CBC § 66321 (§ 66321) High relevance
  • Apple Valley Zoning Code (§ 66333) High relevance
  • Apple Valley Zoning Code (Chapter including) High relevance
  • Apple Valley Zoning Code (§ 3) Medium relevance
  • Apple Valley Zoning Code (Chapter 9.07) Medium relevance
  • Apple Valley Zoning Code (Chapter 9.07) Medium relevance
  • Apple Valley Zoning Code (Section 9.29.080) Medium relevance
  • Apple Valley Zoning Code (Section 9.29.080) Medium relevance
  • Apple Valley Zoning Code (Section 9.05.070) Medium relevance

Cited sections

Frequently asked questions

What is a “legal nonconforming use” in Apple Valley?

A legal nonconforming use is a use that was lawfully established before the current Development Code made that use or intensity no longer allowed; Chapter 9.07 defines continuance rules, including the 180‑day discontinuance rule. § 9.07.020

Can I sell my property and keep a nonconforming business operating?

Yes — change of ownership, tenancy, or management does not by itself terminate nonconforming status provided the use and its intensity remain unchanged. § 9.07.020.A

Can I add on to a nonconforming building?

Not normally. Exterior additions are prohibited unless the addition makes the entire building conform or the Planning Commission allows an alteration under specific findings; any permitted exterior increase cannot raise stories or increase floor area by more than 10% without Commission approval and a Conditional Use Permit. § 9.07.030.B and Chapter 9.16.

If my nonconforming building is damaged by fire, can I rebuild it?

Yes, if repair costs do not exceed 75% of the assessed value immediately prior to damage and reconstruction is started within one year and diligently pursued. If damage costs exceed 75%, you must rebuild to current district standards and the nonconforming use generally cannot resume. § 9.07.030.D.1–2.

Does the Town require me to correct nonconforming parking before I expand?

You cannot expand a use that has deficient parking unless you can provide the additional parking required under the Town’s parking standards (see Chapter 9.72, § 9.72.020). Existing parking counts only if it complied at the time it was installed.

How do setbacks and overlay districts change what I must do?

The district setbacks, heights and lot coverage in Table 9.28.040‑A determine what it means to “conform.” Recorded tract maps or overlay district rules (for example the Ranchos Overlay or Airport Overlay) can supersede the table — verify which setback/map applies to your parcel. § 9.28.040; see Chapter 9.63 for Ranchos Overlay.

Will creating an ADU be blocked by a nonconforming zoning condition?

State ADU law places limits on local agencies’ ability to deny ADU permits solely to fix nonconforming zoning conditions; however, the Town’s nonconforming rules still apply where nonconformance threatens health and safety or is directly affected by the ADU construction. Verify with the Planning Division and see the Town ADU page for application guidance. (Reference: Town code Chapter 9.07; state ADU law referenced in guidance.)

What standard table gives the minimum lot area, setbacks and height for my district?

Table 9.28.040‑A (Site Development Standards) lists minimum lot area, front/rear/side setbacks, height limits and lot coverage for residential districts; consult it to know the “conforming” target for your parcel. § 9.28.040.

If I want to alter a nonconforming commercial use, what permit will I need?

Most exterior enlargements or significant changes require a Conditional Use Permit (see Chapter 9.16) or other discretionary approvals; you must show the enlargement does not violate Chapter 9.07 (no expansion into new areas previously unoccupied) and provide required parking, design, and public improvements. § 9.07.030.B and Chapter 9.16.

Who should I contact to verify whether my parcel is nonconforming?

Contact the Town of Apple Valley Planning Division and supply site plans, permit history, assessor valuation (pre‑damage if relevant) and ownership records. When in doubt, verify with the jurisdiction: “Verify with the jurisdiction.” (Code excerpts provided above.)

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