Local zoning · Avalon

Avalon — Nonconforming Uses

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

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Last reviewed: July 3, 2026

Overview

This page explains how the City of Avalon treats nonconforming uses, nonconforming structures, and nonconforming lots under the local zoning ordinance (Title 9). It summarizes the rules for continuation, alteration, discontinuance, and revocation that apply across Avalon’s zones and highlights district-specific development rules you must check before proposing changes. Read the code text cited below and verify parcel-specific status with the Planning Department.

How Avalon’s ordinance works (quick synthesis)

  • A lawfully established nonconforming use may be continued but generally may not be enlarged or combined with another use not allowed in the zone; the basic continuation rule is in § 9-8.701.
  • A nonconforming use is lost if altered in a way that increases its area/volume, changed to a prohibited use, or discontinued for the period specified in the code (generally 12 months for discontinuance) — see § 9-8.702.
  • Nonconforming buildings can usually be maintained and repaired but not enlarged in a way that increases the nonconformity except in limited circumstances listed in § 9-8.703 (including rebuilding after disaster to the previous nonconforming footprint).
  • ADU/JADU permit review: Avalon will generally not deny an accessory dwelling unit because of an unrelated nonconforming condition that does not affect health/safety — see § 9-5.608 and § 9-5.609. For ADU standards see the ADU rules referenced in the code.

Note: When the ordinance requires a specific finding or recorded covenant to allow changes to nonconforming density or units, that requirement appears in the sections below and must be followed (e.g., recorded 15‑year agreement for certain density increases).

District-by-district breakdown

Below are the main Avalon zoning districts that commonly host nonconforming situations. For each district I list the purpose, typical permitted uses, and the key dimensional / development standards you must check. Where the code refers to general development rules I link the City’s development standards and note parking and design review references so you can follow up.

LD (Low Density Residential and Low Intensity Recreation)

  • Purpose: preserve sloping undeveloped areas and limit grading; protect scenic and natural resources. § 9-5.201.
  • Typical permitted uses: detached single-family residences, parks, limited daycare. § 9-5.202.
  • Key standards to check (where nonconformity commonly arises): maximum density (e.g., 10 units/acre for slopes under 30°), minimum lot area for new lots (4,400 sq ft for single‑family detached), and special setbacks on ridgelines. § 9-5.205 and Chapter 9-7 development rules.

MD (Multiple Residential — Medium Density)

  • Purpose: medium-density residential supply; inclusionary housing rules may apply. § 9-5.101–103.
  • Typical uses: multi-family housing consistent with MD density; accessory uses incidental to residential. (See chapters on inclusionary housing.) § 9-5.103.
  • Key standards: check minimum lot widths, setbacks, and lot coverage in Chapter 9‑7 and the MD articles (map-specific conditions may apply). Verify whether an existing lot is legally nonconforming under the lot‑creation rules in § 9-7.201.

HD (Multiple Residential — High Density)

  • Purpose: permit multiple dwelling units; set density and development standards as the primary control. § 9-5.401.
  • Typical uses: multiple‑family dwellings, single‑family units, daycare; accessory uses permitted. § 9-5.402–403.
  • Key dimensional standards (often control whether a structure is nonconforming): maximum permitted density = 40 units/acre, minimum lot area = 2,200 sq ft, minimum lot width = 25 ft, and typical setbacks and height limits tied to slope (e.g., 28 ft / 2 stories for flatter lots). § 9-5.405 and special rules for small/older lots (lots < 2,200 sq ft) are in § 9-5.406.

L/M (Low and Moderate Income Housing)

  • Purpose: encourage multi-family affordable housing; implement inclusionary requirements and RHNA commitments. § 9-5.501.
  • Typical uses: legally restricted low/moderate income housing, parks, mobile home parks. § 9-5.502.
  • Key standards: maximum density and affordable unit requirements; some sites (e.g., Tremont Street opportunity site) are governed by separate by-right rules in § 9-5.506. § 9-5.506.

C (Commercial), Special Commercial, and R/R (Resort/Recreation)

  • Purpose (C): serve business, service and visitor needs. § 9-6.201.
  • Principal uses (C): groceries, retail, professional offices, small hotels (under certain unit counts). § 9-6.202.
  • R/R: established for resort hotel and visitor‑serving uses; standards often follow the C zone except where the R/R article modifies height, lot coverage and floor area (e.g., Descanso Canyon special rules: 7 stories maximum in one area, or 4 stories in others; lot coverage examples 20% / 14% depending on sector). § 9-6.401–404.
  • Where nonconformity shows up: hotels, lodgings or visitor-serving uses that predate current rules; off‑street parking standards are often set by the Commission (see § 9-6.405), so verify parking and site plan review. § 9-6.405 and Chapter 9‑7.

P (Public)

  • Purpose: house public services and facilities (schools, parks, municipal yards). § 9-6.501–502.
  • Nonconforming issues here are typically about use changes or demolition/relocation where public review and site restoration conditions can apply. § 9-6.502.

Decision‑relevant standards & quick reference table

Topic / action What the code requires or allows Code Reference
Continue an existing nonconforming use May be continuously maintained but not altered, added to, or enlarged except as allowed by code § 9-8.701
Termination (change/discontinuance) Terminated if use is changed to prohibited use, increased in area/volume, or discontinued for 12+ months (discontinuance rule); additional grounds listed for revocation § 9-8.702
Nonconforming structures (alterations) Repairs allowed; enlargements generally not allowed except minor improvements or those eliminating the nonconformity; small-lot exceptions and rebuilding after disaster permitted to pre-existing footprint § 9-8.703
Nonconforming density in residential zones May keep nonconforming density and seek alterations only if: ≤1 unit above current permitted density; does not increase other nonconformities; owner records 15‑year restriction to year‑round housing; proof of existence for 5+ years required § 9-8.703(c)
Revocation / modification Planning Commission may revoke/modify nonconforming uses after hearing for fraud, non‑use, or nuisance conditions; appeals available § 9-8.501–504
ADU permit & nonconforming conditions City generally will not deny an ADU/JADU application due to an unrelated nonconforming condition unless it threatens public health/safety or is affected by ADU construction; discretionary relief possible via CUP § 9-5.608–9
Continuation after adoption of new Title Uses lawfully nonconforming under prior Title remain valid except as Article 7 prescribes § 9-3.208–209

Practical guidance / interpretation (plain-English synthesis)

  • If a use or building existed lawfully before the current rule made it nonconforming, you usually can keep using and maintaining it — but you cannot enlarge the footprint, increase the area devoted to the nonconforming use, or add new forbidden uses without risking termination. § 9-8.701–702.
  • Small repairs and fixes that do not increase the degree of nonconformity are allowed; minor exceptions exist for very small lots (special rules in § 9-8.703). Rebuilding after fire/flood to the prior nonconforming footprint is allowed so long as nonconformity does not increase.
  • If you want to increase density where a structure is already over-dense, the code allows limited changes only when you meet the strict criteria (including a recorded covenant to restrict occupancy to year‑round housing for 15 years). § 9-8.703(c).
  • For ADUs, Avalon follows state-directed constraints: the City will not weaponize an unrelated nonconforming condition to deny ADU permits unless a health/safety threat exists; see § 9-5.608 and the ADU provisions. (See also the City ADU procedure pages and state ADU law.)

Remember: many development standards referenced above (setbacks, lot coverage, height, parking) are in Chapter 9‑7 and the zone articles; always cross-check a parcel’s zoning, the Map, and whether the lot was legally created prior to the Title’s adoption.

Checklist

  • Confirm whether the use/structure was lawfully established and when (assessor records, permit history). § 9-3.208.
  • Determine the type of nonconformity: use vs. structure vs. lot vs. density and find the controlling § (§ 9-8.701–703).
  • If you propose alterations, confirm the allowable exceptions (repairs, work required by law, minor improvements, small‑lot thresholds). § 9-8.703.
  • For residential density increases, prepare to execute a recorded covenant (15 years) and provide proof of prior unit existence if required. § 9-8.703(c).
  • If applying for an ADU/JADU, document whether the nonconforming condition affects health/safety or the ADU construction; review § 9-5.608–609 and state ADU rules.
  • Consult Planning Department for any required variance, conditional use permit, or nonconforming use permit, and prepare for public notice/hearing timelines. Chapter 9‑8 (variances, revocation, appeals).
  • If relying on rebuilding after disaster, document pre‑damage setbacks/sizes to show no increase in nonconformity. § 9-8.703(b).

Risks & Ambiguities

Issue Why it matters What to verify
Is the prior use "lawful"? If the pre-existing use was an ordinance violation, it never gained nonconforming status and may be illegal continuing activity. § 9-3.212 Confirm historic permits/assessor records and treat any violation as a continuing violation if no lawful status.
Discontinuance clock Nonconforming rights can be lost after discontinuance (12 months is the general rule). § 9-8.702(b)(2) Verify continuous operation records (leases, receipts); if unclear, check with Planning — discontinuance often leads to termination.
“Increase degree of nonconformity” standard What is an increase? The code bars enlargements that increase area/volume/devices of nonconformity. § 9-8.701–703 Have your architect quantify existing nonconforming dimensions; ask Planning whether proposed work is “minor” or an expansion.
Nonconforming density exceptions The density exception requires several findings and a recorded 15‑year restriction; missing an element will block approval. § 9-8.703(c) Confirm unit history (5+ years proof), prepare recorded covenant and ensure alteration does not increase other nonconformities.
ADU denial due to nonconforming conditions State ADU law plus § 9-5.608 limit Avalon’s ability to deny permits for unrelated nonconformities — but health/safety threats are exceptions. Document whether the nonconforming condition is affected by ADU work and whether it presents health/safety issues; consult the Building Department and the code § 9-5.608.

Plain-English Summary

If your use or building in Avalon pre-dates a zoning change and was lawful, you can usually keep it — but you generally cannot enlarge it, change it to another prohibited use, or let it sit unused long enough to lose its legal status. Special rules apply if you want to add density, rebuild after a disaster, or create an ADU; those exceptions are spelled out in the ordinance and often require recorded agreements or discretionary permits. § 9-8.701–703 and § 9-5.608–609 are the controlling rules.

Source References

  • Continuation of nonconforming uses — § 9-8.701.
  • Termination of nonconforming uses (change/discontinuance) — § 9-8.702.
  • Nonconforming structures; repairs, rebuilding, density rules — § 9-8.703.
  • Revocation and modification of nonconforming use/permits, appeals — § 9-8.501–504, § 9-8.601–603.
  • Continuation of existing nonconforming uses on adoption of Title — § 9-3.208–209.
  • ADU / JADU and nonconforming condition protections — § 9-5.608–609.
  • Zone articles cited (examples): LD (Low Density) — § 9-5.201–205; HD (High Density) — § 9-5.401–406; C (Commercial) and R/R (Resort/Recreation) — § 9-6.201–404.
  • General development standards, parking, setbacks and lot area — Chapter 9‑7 (General Standards of Development).

Information gaps (what I could not confirm from the retrieved materials)

  • Exact parcel-level determinations (whether a given lot is legally nonconforming) — Verify with the Planning Department and property records. Not found in retrieved materials.
  • Any city administrative forms, checklists, or up-to-date fee amounts required for nonconforming use permits/variances — Not found in retrieved materials (fees reference § 9-8.801 but amounts set by Council resolution).
  • Map-level overlays or the presence of a C‑N district specifically named "C‑N" were not located in the retrieved extracts — verify zone map and overlay list with the City mapping tool or Planning Department. Not found in retrieved materials.

Sources

Retrieved passages

  • Avalon Zoning Code (§ 9-8.504.) High relevance
  • Avalon Zoning Code (§ 9-8.603.) High relevance
  • Avalon Zoning Code (§ 9-3.213.) High relevance
  • CBC § 9 (§ 9-5.608.) High relevance
  • Avalon Zoning Code (§ 9-8.703.) High relevance
  • Avalon Zoning Code (§ 9-8.502.) High relevance
  • Avalon Zoning Code (§ 9-8.413.) High relevance
  • Avalon Zoning Code (§ 9-5.603.) High relevance
  • Avalon Zoning Code (§ 66314) Medium relevance
  • Avalon Zoning Code (§ 9-6.402.) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • Avalon Zoning Code (§ 66333) Medium relevance
  • CBC § 66321 (§ 66321) Medium relevance
  • CBC § 202 (section 202) Medium relevance
  • Avalon Zoning Code (chapter shall) Medium relevance
  • Avalon Zoning Code (§ 1) Medium relevance
  • Avalon Zoning Code (§ 4511) Medium relevance
  • Avalon Zoning Code (Article 5.) Medium relevance
  • Avalon Zoning Code (chapter are) Medium relevance
  • Avalon Zoning Code Medium relevance
  • Avalon Zoning Code (Chapter is) Medium relevance
  • Avalon Zoning Code (Chapter 9-6.) Medium relevance
  • Avalon Zoning Code (Article 8.) Medium relevance
  • Avalon Zoning Code (§ 9-13.102.) Medium relevance
  • Avalon Zoning Code (§ 9-15.105.) Medium relevance
  • CBC § 9 (Article 4.) Medium relevance
  • CBC § 9 (§ 9-5.406.) Medium relevance
  • CBC § 9 (title shall) Medium relevance

Cited sections

Frequently asked questions

Can I expand a nonconforming use or building in Avalon?

No—generally you may not enlarge the area, space, or volume devoted to a nonconforming use or structure. Limited exceptions exist for repairs, work required by law, minor improvements that do not increase the degree of nonconformity, and small-lot special rules; see § 9-8.701 and § 9-8.703.

What happens if I stop using a nonconforming use?

If a nonconforming use is changed or discontinued for a continuous period described in the code (commonly 12 months), the right to continue the nonconforming use is terminated. See § 9-8.702 for termination and discontinuance rules.

Can I rebuild a nonconforming building after a fire or flood?

Yes — buildings or structures damaged or destroyed by fire, flood, or other disasters may be rebuilt to their preexisting setbacks, sizes and densities provided there is no increase in the nonconformity from the prior condition. See § 9-8.703(b).

Will a nonconforming condition block an ADU permit?

Avalon’s code states the City will not deny an ADU or JADU solely because of a nonconforming zoning condition, building-code violation, or unpermitted structure that does not present a threat to public health and safety and is not affected by ADU construction; see § 9-5.608. If the nonconformity creates a health/safety issue, the City may require correction.

Can I maintain a nonconforming sign or sign that predates current rules?

Nonconforming signs are addressed in the sign chapter. The ordinance allows continuation of legally nonconforming signs subject to the nonconforming policy in Chapter 9‑7 and Article 7 on signs (see § 9-7.704 for nonconforming signs). Verify sign‑specific rules before replacement or substantial alteration.

If my building has more units than current zoning allows, can I alter it?

Possibly, but the code limits alterations where density is nonconforming: the nonconforming density must be no more than one unit above the number permitted now, the change must not increase other nonconformities, and the owner must record a covenant restricting the units to year‑round housing for 15 years; see § 9-8.703(c).

Who can revoke a nonconforming use approval and why?

The Planning Commission may revoke or modify a granted nonconforming use after a public hearing for reasons including fraud, non‑exercise of the use, suspension of use for one year or more, or nuisance conditions. Appeal procedures to the City Council exist. See § 9-8.501 and § 9-8.601–603.

Where do I check specific setback, height, and lot‑coverage numbers that determine whether a building is nonconforming?

Check the zone article for your parcel (e.g., § 9-5.405 for HD) and the general development standards in Chapter 9‑7. These contain the numeric standards (setbacks, heights, lot coverage) used to determine nonconformity.

If I need a variance for a nonconforming expansion, what is the standard?

A variance is discretionary and may be granted only when special circumstances deprive the property of privileges enjoyed by others in identical zoning. A variance cannot authorize a use not permitted by the zone; see § 9-7.729 and the variance findings in Chapter 9‑7.

Does the Zoning Title preserve any previously granted exceptions or permits?

Yes — prior exceptions and permits that were lawful under the old ordinance were carried forward as variances and remain subject to the conditions governing variances at the time of adoption. See § 9-3.206–207.

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