Local zoning · Hawaiian Gardens

Hawaiian Gardens — Nonconforming Uses

Q: What is considered a "nonconforming use" in Hawaiian Gardens?

A nonconforming use is a use that was legal when established but is no longer allowed under the current zone rules; parcels that exceed allowed density or need a CUP under the new code may be treated as nonconforming until permitted. See § 18.100.130(A) .

Q: If my building is damaged, when can I rebuild the nonconforming structure?

If repairs are estimated to be less than 50% of replacement value, the Community Development Director reviews re‑establishment (minor use permit); if over 50% , the Planning Commission reviews through a conditional/minor exception process. Rebuilding cannot increase the nonconforming size or area. § 18.100.130(B)(4)(a–b) .

Q: What special rules apply to very small (25‑ft) residential lots?

A legally nonconforming 25‑foot residential lot may be developed with 3‑ft side yard setbacks for a single‑family dwelling, but only if all other development standards are met and the adjacent parcel is not vacant; such development is subject to site plan/architectural review. § 18.100.130(C)(3) .

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

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Last reviewed: July 2, 2026

Overview

This page explains what the City of Hawaiian Gardens Zoning Code permits, limits, and requires for nonconforming uses, nonconforming structures, and nonconforming lots. It summarizes the code's rules for continuing, repairing, altering, and terminating nonconforming rights, and shows how those rules interact with zone-specific development standards and approvals. The controlling local ordinance is § 18.100.130 of the Zoning Code; the summaries and citations below come from that chapter and the zone tables and development standards elsewhere in Title 18.

What the code says (plain synthesis)

The City treats nonconformities as legally established uses/lots/structures that no longer meet new zoning rules; they may continue but are restricted to prevent expansion or intensification. See § 18.100.130(A) and following.
A nonconforming use that is discontinued, vacant, or closed for 180 days is presumed abandoned and cannot resume as a nonconforming use. § 18.100.130(B)(2).
Repairs and restoration after damage depend on the estimated cost relative to replacement value: repairs under 50% are handled administratively by the Community Development Director (minor use permit); repairs over 50% require Planning Commission review (conditional use or equivalent); in all cases reestablished uses/structures may not increase their nonconforming size or area. § 18.100.130(B)(4)(a–d).
Structural alterations are allowed so long as they do not increase the degree of nonconformity or create new nonconformities; additions/renovations that exceed 50% of existing square footage and involve more than one nonconforming standard generally must bring the whole property into compliance. § 18.100.130(D)(3–6).
Legally established nonconforming lots may still be developed but with restrictions: lots created before April 16, 1964 may be used subject to current standards except lot-area conformity; lots under 75% of required area cannot have the use intensified. Separate special rule: legal 25‑foot residential lots may be built with 3‑ft side yard setbacks for a single-family dwelling, subject to site plan/architectural review and adjacency rules. § 18.100.130(C)(1–3).
Nonconforming signs, fences, and walls may remain but may not be enlarged or altered unless brought into compliance; abandoned signs must be removed within 90 days of termination. § 18.100.130(G).
Illegal uses/structures that were not lawful when established are not protected by the nonconforming rules and are subject to enforcement. § 18.100.130(H).
Change of ownership does not terminate nonconforming status provided the use/intensity remains the same. § 18.100.130(B)(6).

Note: State ADU law and the City's ADU rules add limited constraints about when nonconforming zoning conditions can block ADU permits; see the ADU chapter § 18.90.080 and the ADU-related nonconforming clarification in the Code.

District-by-district breakdown (how nonconforming rules play out by zone)

Below are the primary zones where nonconforming situations commonly arise. For permitted uses see the Residential and Non-residential use tables; the code lists permitted/conditional/minor uses per zone in § 18.40.070 (residential uses table) and related sections for mixed and nonresidential zones. Link references: Hawaiian Gardens Zoning and Hawaiian Gardens Land Use.

R-1 (R-1:10,000 and R-1 — Single-family estate & single-family residential)

Purpose: preserve single-family neighborhoods and low density residential character. § 18.30.010 lists R-1:10,000 and R-1 as zones.
Typical permitted uses: single-family residential, accessory uses (see the residential use table). § 18.40.070.
Key dimensional / development guidance: The code includes setback, lot, and open-space standards applicable to single-family zones (see Chapter 18.40 and the Hawaiian Gardens Development Standards). Specific numeric standards for R‑1 development are in the R‑zone development sections and in Chapter 18.50 for design/parking. Not all R‑1 numeric details were present in the retrieved snippets; verify with the jurisdiction for parcel-specific dimensions. Not found in retrieved materials for some R‑1 numeric entries; verify with the City.

R-2 (Medium density residential)

Purpose: provide for single-family, duplex and medium‑density multi-family housing; supports conversions and stabilization of existing medium density. § 18.40.030.
Typical permitted uses: single-family, duplex/two‑family, certain multi‑family uses per § 18.40.070.
Key dimensional standards: Residential density 8.5–17 du/ac; minimum lot size 3,750 sq ft; minimum width 37.5 ft; front setback 15 ft; maximum lot coverage 50% (see § 18.40.030 development standards). These standards govern how a nonconforming lot or structure can be brought toward compliance.

R-3 (Intermediate density residential)

Purpose: encourage small‑scale multi‑family where services and open space exist. § 18.40.040.
Typical permitted uses: multi‑family apartment, conversions, accessory uses as listed in § 18.40.070.
Key dimensional standards: Residential density 17–19 du/ac; min lot size 7,500 sq ft; max lot coverage 65%; front setback 10 ft; max height 3 stories / 36 ft; minimum distance between buildings 8 ft; open space 350 sq ft per unit. These figures come from § 18.40.040 and affect how much nonconforming expansion is possible (usually none).

R-4 (High density residential)

Purpose: allow higher-density residential development. § 18.40.050.
Typical permitted uses: multi‑family, apartments, supportive housing where allowed by § 18.40.070 and Chapter 18.110 by‑right rules.
Key dimensional standards: 19–24 du/ac; minimum lot 7,500 sq ft; max lot coverage 65%; setbacks (front 5 ft, side 5 ft, rear 5 ft); max height 3 stories / 36 ft; open space 350 sq ft/unit (see § 18.40.050). These standards determine whether a nonconforming structure alteration must bring the property into full compliance.

RIH (Religious Institution Housing)

Purpose: permit multifamily housing associated with church properties. § 18.40.055.
Typical permitted uses: high‑density attached dwelling units and church‑related housing (permitted uses cross‑referenced to § 18.40.070).
Key dimensional standards: 20–30 du/ac; min lot size 10,000 sq ft; front/side setbacks 5 ft; side abutting residential 10 ft + transition requirements. § 18.40.055(C).

C-2 / C-4 (Commercial / Mixed-use tiers)

Purpose and uses: these zones contain retail, service, and some higher‑intensity commercial uses; permitted/conditional uses are listed in the non‑residential tables (see Chapter 18.60 and § 18.40.070 use matrix). Development standards for mixed‑use projects are found in Chapter 18.55; emergency shelters and housing-related uses may be by‑right in specified zones per Chapter 18.110.
How nonconforming rules apply: a nonconforming commercial use cannot expand to adjacent parcels, increase intensity, or be changed to another nonconforming use; abandonment rules and restoration thresholds in § 18.100.130(B–D) apply.

(Where a numeric standard or special exception for a particular zone is not quoted above, verify against Chapter 18.40 and Chapter 18.50 for the authoritative numbers. Not all R‑1 numeric details were present in the retrieved material above; verify with the City for parcel‑specific limits.)

Quick reference table — decision‑critical nonconforming rules

Rule / Decision point	What the code requires	Code reference
Abandonment for discontinued nonresidential uses	Vacancy/closure ≥ 180 days = loss of nonconforming rights	§ 18.100.130(B)(2)
Restoration after damage — minor repair	Damage requiring repairs < 50% of replacement value → review by Community Development Director (minor use permit); no increase in size/area	§ 18.100.130(B)(4)(a–d)
Restoration after damage — major rebuild	Damage > 50% of replacement value → Planning Commission/CUP, no enlargement allowed	§ 18.100.130(B)(4)(b–d)
Structural alterations/additions	Allowed only if they do not increase nonconformity or create new nonconformities; >50% + multiple nonconforming standards → must bring whole property into compliance	§ 18.100.130(D)(3–6)
Nonconforming lot created pre‑4/16/1964	May be developed subject to current standards other than lot conformity	§ 18.100.130(C)(1)
Small legal lots (25‑ft)	Single‑family only, 3‑ft side yards, subject to design/site‑plan review; adjacent vacant lots trigger combining efforts	§ 18.100.130(C)(3)
Signs / fences / walls	May remain but may not be enlarged/altered unless brought into compliance; abandoned signs removed within 90 days	§ 18.100.130(G)
Ownership change	Transfer of title or management does not end nonconforming status if use/intensity unchanged	§ 18.100.130(B)(6)
Nonconforming use expansions	Expansion or intensification is prohibited; cannot spread to additional parcels; cannot change to another nonconforming use	§ 18.100.130(B)(3)(a–d)

Checklist — what an applicant must satisfy when dealing with a nonconforming property

Confirm the item was lawfully established (pre‑existing legal use/structure or recorded lot). § 18.100.130(A).
Determine whether the nonconformity is a use, structure, or lot; that defines applicable subsection. § 18.100.130.
If vacant/non‑use: verify continuous occupancy/operation in the past 180 days to avoid abandonment. § 18.100.130(B)(2).
For proposed repairs/rehab after damage: obtain an estimate of replacement cost and determine whether repairs are <50% or >50% of replacement value; choose correct application route (minor use permit vs Planning Commission/CUP). § 18.100.130(B)(4).
For additions/alterations: calculate whether proposed increases exceed 50% of existing square footage and whether multiple nonconforming standards apply — if so, plan to bring property into compliance or apply for the applicable discretionary process. § 18.100.130(D)(5).
If residential lot is nonconforming (e.g., 25‑ft wide): confirm the special 3‑ft side yard allowance and architectural review requirement. § 18.100.130(C)(3).
Coordinate any site changes with required parking standards and bring parking up to code if the nonconforming change adds habitable space. See Chapter 18.50 and § 18.50.100 for parking and residential design rules. parking
Expect site plan and architectural design review for many re‑establishment or alteration actions; follow the site plan review and administrative approval procedures. design review

Risks & Ambiguities

Issue	Why it matters	What to verify
Measuring "replacement value" for damage threshold	Determines whether Director (minor) or Planning Commission (major) review is required — different standards, notice, and findings	Ask the Director what valuation method they will accept (contractor estimates, appraisals, permit records). § 18.100.130(B)(5).
Whether a use has been “discontinued” for 180 days	A mistaken occupancy history can lead to loss of nonconforming rights	Verify documentation (business receipts, utility bills, leases) and confirm the City’s interpretation. § 18.100.130(B)(2).
“Increase in intensity” (parking, hours, floor area)	Intensity triggers prohibition on expanding nonconforming uses	Confirm with the Community Development Director how intensity is measured in your case (see § 18.100.130(A) definition of intensity).
Multi‑standard nonconformities and the 50% rule	Multiple nonconforming standards + >50% alteration usually requires full compliance; practical cost and timeline impacts	Determine which development standards are nonconforming (setbacks, height, coverage) and run the add/repair % math before applying. § 18.100.130(D)(5).
Interaction with ADU permitting	State ADU law limits some local ability to deny ADU permits because of nonconforming zoning conditions	For accessory units, consult the ADU chapter § 18.90.080 and State law; the City may not deny on nonconforming grounds unless there’s a health/safety threat. ADUs § 18.90.080.
Parcel‑specific dimensional data	Zone tables provide general figures but parcel boundaries and existing structures change the analysis	Verify exact applicable zone and development‑standard numbers on the City’s zoning map and Chapter 18.40/18.50. Verify with the Community Development Director for parcel‑specific determinations. § 18.30.010, § 18.40.x, § 18.50.x.

Plain-English Summary

If your property or business in Hawaiian Gardens was legal when it started but no longer meets current zoning rules, you usually can keep using it—but you cannot make it bigger, change it into a different nonconforming use, or leave it unused for 180 days (that will erase the nonconforming right). Big rebuilds (over 50% of replacement value) or alterations that increase nonconformity force a higher level of review or require the property be brought up to current rules. See § 18.100.130 for the full rules.

Source References

Hawaiian Gardens Zoning Code — Nonconforming uses and structures: § 18.100.130.
Hawaiian Gardens Zoning Code — Nonconforming lots and related rules: § 18.100.130(C) and 18.100.130(D).
Hawaiian Gardens residential uses table and zone use matrix: § 18.40.070 (uses permitted in residential zones).
R‑2 development standards: § 18.40.030 (R‑2).
R‑3 development standards: § 18.40.040 (R‑3).
R‑4 development standards: § 18.40.050 (R‑4).
RIH development standards: § 18.40.055 (RIH).
Nonconforming signs, fences, walls: § 18.100.130(G).
ADU nonconformance guidance in code: § 18.90.080 and related ADU provisions.

Additional internal guidance pages used for context (linked earlier in the text):

Sources

Retrieved passages

Hawaiian Gardens Zoning Code (section is) High relevance
Hawaiian Gardens Zoning Code High relevance
Hawaiian Gardens Zoning Code High relevance
Hawaiian Gardens Zoning Code High relevance
Hawaiian Gardens Zoning Code (§ 2) High relevance
Hawaiian Gardens Zoning Code (section shall) High relevance
Hawaiian Gardens Zoning Code (section shall) High relevance
Hawaiian Gardens Zoning Code High relevance
CBC § 66314 (§ 66314) Medium relevance
Hawaiian Gardens Zoning Code (Section 18.100.170) Medium relevance
Hawaiian Gardens Zoning Code (Section 18.100.050.) Medium relevance
Hawaiian Gardens Zoning Code (Section 18.40.070) Medium relevance
Hawaiian Gardens Zoning Code (Section 3480) Medium relevance
Hawaiian Gardens Zoning Code (§ 2) Medium relevance
Hawaiian Gardens Zoning Code (Chapter 5.14) Medium relevance
Hawaiian Gardens Zoning Code Medium relevance
Hawaiian Gardens Zoning Code Medium relevance
Hawaiian Gardens Zoning Code (Chapter 18.10) Medium relevance
Hawaiian Gardens Zoning Code (Chapter 6.47) Medium relevance
Hawaiian Gardens Zoning Code Medium relevance
Hawaiian Gardens Zoning Code (Section 53260) Medium relevance
Hawaiian Gardens Zoning Code (Title 5) Medium relevance
Hawaiian Gardens Zoning Code (Section 18.100.050.) Medium relevance

Cited sections

Official Hawaiian Gardens code library

Frequently asked questions

What is considered a "nonconforming use" in Hawaiian Gardens?

A nonconforming use is a use that was legal when established but is no longer allowed under the current zone rules; parcels that exceed allowed density or need a CUP under the new code may be treated as nonconforming until permitted. See § 18.100.130(A).

How long can a nonconforming business be closed before it loses its nonconforming rights?

If a nonconforming use in a non‑residential building is discontinued, closed or vacant for 180 days or more, the use is deemed abandoned and cannot be reestablished as a nonconforming use. § 18.100.130(B)(2).

If my building is damaged, when can I rebuild the nonconforming structure?

If repairs are estimated to be less than 50% of replacement value, the Community Development Director reviews re‑establishment (minor use permit); if over 50%, the Planning Commission reviews through a conditional/minor exception process. Rebuilding cannot increase the nonconforming size or area. § 18.100.130(B)(4)(a–b).

Can I expand a legal nonconforming commercial use into an adjacent lot?

No. The Code prohibits expansion of a nonconforming use onto any additional parcel, adjacent or otherwise, and forbids increasing the intensity of the nonconforming use. § 18.100.130(B)(3)(c).

What special rules apply to very small (25‑ft) residential lots?

A legally nonconforming 25‑foot residential lot may be developed with 3‑ft side yard setbacks for a single‑family dwelling, but only if all other development standards are met and the adjacent parcel is not vacant; such development is subject to site plan/architectural review. § 18.100.130(C)(3).

Does selling my property cancel its nonconforming status?

No — a change in ownership, tenancy, or management does not affect nonconforming status so long as the use and its intensity remain unchanged. § 18.100.130(B)(6).

Do nonconforming sign or fence repairs have limits?

Nonconforming signs, fences, or walls may continue to be used but may not be enlarged or altered unless brought into compliance; nonconforming signs cannot be moved or reconstructed without compliance, and abandoned signs must be removed within 90 days. § 18.100.130(G).

Can I get an ADU if the lot has nonconforming zoning conditions?

The City cannot deny an ADU or JADU permit solely because of nonconforming zoning conditions unless those conditions present a threat to public health or safety or are affected by the ADU construction; see the ADU provisions § 18.90.080 and State ADU law. ADUs § 18.90.080.

What happens if I want to alter a nonconforming structure and the work creates new nonconformities?

Alterations that create new nonconformities or increase the degree of nonconformity are not allowed. Major renovations that exceed 50% of square footage and involve multiple nonconforming standards generally require bringing the entire property into compliance. § 18.100.130(D)(3–5).

Where can I find the permitted uses for my zone (R‑2, R‑3, C‑2, etc.)?

Permitted / conditional uses for residential and non‑residential zones are listed in the zoning use tables referenced in § 18.40.070 and related parts of Chapter 18.40; consult those tables and the zone development standards in Chapter 18.40 and 18.50. § 18.40.070.

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