Indian Wells — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page explains how the City of Indian Wells treats nonconforming uses, nonconforming structures, and nonconforming lots under the local zoning code (the Title 21 zoning provisions found in the City’s code). The baseline rules for continuation, abandonment, repair/restoration, and alterations are in § 21.90.030; many Planning Area maps and zone tables identify where legal nonconformities currently exist (for example several Planning Area subareas in the Very Low Density zone) and point back to the Nonconforming Uses rules. For practical work you will also need to check the City’s rules on Development Standards, parking and design review as those standards determine whether an alteration or re‑use can be approved.

What the code says (key rules)

• A legally established, lawful use may continue even if it does not conform to current zoning — i.e., it is a legal nonconforming use — unless the Municipal Code provides otherwise. § 21.90.030(a) is the controlling provision.
• Abandonment: a nonconforming use that becomes vacant and remains unoccupied for a continuous period of one year is deemed abandoned; thereafter future uses must comply with current regulations. § 21.90.030(b).
• Alterations/Additions: buildings that are nonconforming as to development standards may be altered, added to, or enlarged only if the alteration complies with current regulations of the Title. § 21.90.030(c).
• Maintenance: legal nonconforming buildings/structures/sites must be maintained in a sound and safe condition. § 21.90.030(d).
• Restoration after damage: if a legal nonconforming building is damaged or partially destroyed to the extent of more than 75% of fair market value (per county assessment for that fiscal year), restoration is subject to the applicable regulations of the Chapter (i.e., the nonconforming protection is limited). § 21.90.030(e).
• Where planning area maps show built density or uses that exceed a current zone cap (for example, Planning Area subareas built at 3.5 DU/AC inside a Very Low Density zone that allows 3.0 DU/AC), those developments are expressly treated as legal nonconforming uses and referenced to § 21.90.030. See Planning Area notes.

Note: the City’s ADU rules specifically limit the City’s ability to deny ADU/JADU permits based solely on unrelated nonconforming conditions that do not create a health/safety threat — see § 21.85.090.

District-by-district (where nonconforming rules are applied)

Below are the principal zoning districts and overlays in Indian Wells that commonly produce or host nonconforming conditions. For each district I summarize the district purpose, typical permitted uses (as the code lists or planning-area tables show), key dimensional standards that most often generate nonconforming conditions, and where the district appears in the City (planning areas / subareas).

RVLD — Very Low Density Residential (RVLD)

• Purpose / typical uses: single‑family detached homes and planned residential developments at very low densities; some master‑planned attached developments exist that pre‑date the RVLD standard and are treated as legal nonconforming with respect to density. See Planning Area references.
• Why nonconformities occur: older planned unit developments (e.g., Casa Dorado, Dorado Villas) built at densities above the current RVLD maximum (examples shown as 3.5 DU/AC vs. permitted 3.0 DU/AC) are expressly identified as legal nonconforming.
• Key dimensional standards that trigger nonconformance: maximum density (DU/AC), building height limits (typical maximums of 12' at side/rear setback line and 18' overall for many RVLD lots are cited in the lot-specific height tables), and lot setbacks noted in planning-area tables. See § 21.23.070 and the RVLD development tables.
• Where it applies: Multiple Planning Areas and subareas (for example Planning Area 4 subareas 4.1–4.3 and portions of Planning Area 8). Nonconforming densities are called out in the Planning Area tables and notes.

RLD — Low Density Residential (RLD)

• Purpose / typical uses: single‑family homes at a higher density than RVLD; applicable in several subareas (planning tables list RLD as a zone). Nonconforming issues are usually about setbacks, roof‑area percentages above allowed heights, or older lot-specific restrictions.
• Dimensional triggers: height planes (various per subarea), percent of roof area allowed above specific heights, and side/rear setback standards. Refer to the applicable Planning Area charts (e.g., Planning Area 1 chart) for exact values.

Community Commercial

• Purpose / typical uses: retail, restaurants, offices in Village centers (subareas such as Village I, Village II). Planning Area descriptions list the specific retail and office uses permitted by prior Conditional Use Permits. See the Village subarea uses list.
• Dimensional triggers: setbacks, parking, and signage standards (commercial signs that predate current standards may be legally nonconforming; see sign rules). Nonconforming commercial signage is treated differently under the Highway 111 specific plan.

Professional Office

• Purpose / typical uses: administrative and professional offices; some mixed office/retail in specific subareas. Uses are enumerated in the subarea descriptions. Nonconformities arise when existing buildings predate current parking or landscape requirements.

Resort Commercial

• Purpose / typical uses: hotels, resort‑related commercial and accessory uses; often subject to Golf Course Overlay requirements. Resort Commercial areas have special setback and height rules and permit incidental accessory commercial uses tied to hotels. § 21.34.080 (solar, roof equipment, screening) and the Resort Commercial standards guide when existing resort elements are nonconforming.

Golf Course Overlay Zone (PPGC) and other overlays

• Purpose / typical uses: overlay applied to golf course lands and immediately adjacent parcels to preserve course integrity. The overlay modifies base-zone standards and creates situations where adjacent residential or commercial development might be nonconforming to the overlay’s specific controls. See the Planning Area 5 and 8 descriptions showing golf overlay application. For overlay policy and where it modifies base standards, consult the overlay districts entry and the Planning Area tables.

NPR — Natural Preserve (NPR)

• Purpose / typical uses: open space and minimal development; structures that exist within NPR areas that do not meet the present NPR development rules are treated as nonconforming and are referenced to the nonconforming rules. See Planning Area 1 and other maps.

Quick decision table (most decision‑relevant standards / permitted uses)

Practical guidance / interpretation (synthesis)

• Prove the use was legally established: the code allows continuation only for uses that were lawful when established; documentation (prior permits, dated affidavits, county assessment records) is used by staff to confirm legal establishment. Use determinations and zoning compliance reviews are the procedural tools the City uses to verify status. See § 21.06.080 and § 21.06.070 for the determination and zoning‑compliance processes.
• Beware the one‑year vacancy rule: if a building sitting vacant for more than one year the nonconforming use is considered abandoned and you lose the protection — plan repairs, leases, or reinstatement sooner. § 21.90.030(b).
• Small maintenance vs larger work: ordinary maintenance and keeping the building safe is required and allowed. But enlargements/alterations are evaluated under current development standards and may require bringing the structure into compliance with current setbacks, heights, parking, landscaping, or Development Standards. § 21.90.030(c)–(d).
• If the building is mostly destroyed (>75% by assessed value), you cannot automatically rebuild under the old rules — the City will require compliance with the Chapter’s applicable regulations before restoration. § 21.90.030(e).
• ADUs and nonconforming conditions: Indian Wells’ ADU chapter says the City will not deny ADU/JADU applications solely because of unrelated nonconforming zoning conditions or unpermitted structures that do not threaten health/safety or are not affected by the ADU construction. Check the ADU rules and State ADU law for interactions. See § 21.85.090 and the City ADU chapter. ADUs

Checklist — what an applicant must satisfy (when proposing work that involves a nonconforming use/structure)

• Demonstrate legal establishment of the nonconforming use (prior permits, deed/assessor records, or use determination request under § 21.06.080)
• Confirm the property has not been abandoned (vacant >1 year) per § 21.90.030(b) — if it has, plan for compliance with current zone rules.
• For any alteration/enlargement, show how the proposed work will comply with current Development Standards (setbacks, height, lot coverage, parking, landscape) as required by § 21.90.030(c).
• If the structure was damaged, obtain valuation proof and confirm whether damage exceeds 75% of fair market value; if so restoration will be subject to current standards (§ 21.90.030(e)).
• Check whether the site is in an overlay (for example Golf Course Overlay) or planning area with special recorded setbacks; those overlay rules may override or add to base zone requirements. Overlay districts
• If proposing an ADU/JADU, reference § 21.85.090 and the ADU chapter: the City cannot deny solely due to unrelated nonconforming conditions unless there is a safety/health threat. ADUs
• Submit a Zoning Compliance Review application and be prepared to satisfy conditions tied to prior approvals, conditions of tract maps, or homeowner association restrictions where applicable. § 21.06.070.

Risks & Ambiguities

Plain‑English summary

If your house or business in Indian Wells doesn’t meet today’s zoning rules but was legally built under older rules, it’s probably a legal nonconforming use and can usually stay — but if it sits vacant for more than one year, is enlarged without meeting current rules, or is more than 75% destroyed you may lose that protection. Start by proving the use was lawful, then consult the Zoning Compliance and Use Determination procedures and the specific Planning Area rules that apply to your parcel. § 21.90.030 is the primary controlling provision.

Source References

• City of Indian Wells Municipal Code — § 21.90.030 Non‑conforming uses and structures (general rules on continuation, abandonment, alterations, maintenance, restoration).
• City of Indian Wells Planning Area tables and notes — Planning Area 4, Planning Area 8, etc. (examples and district mapping showing RVLD nonconforming densities). § 21.14.040 and related Planning Area notes.
• Development standards and height/setback tables that apply to RVLD and other zones (e.g., § 21.23.070 height and envelope references cited in Planning Area tables).
• Resort Commercial and accessory use standards including solar and roof‑mounted equipment rules (§ 21.34.080).
• ADU chapter — nonconforming zoning code conditions and ADU permit limitations (§ 21.85.090).
• Procedural provisions referenced: § 21.06.070 Zoning Compliance Review and § 21.06.080 Use Determinations.

Retrieved passages

• Indian Wells Zoning Code (§ 1) High relevance show source text
• Indian Wells Zoning Code (§ 1) High relevance show source text
• Indian Wells Zoning Code (Section is) High relevance show source text
• CBC § 66321 (§ 66321) Medium relevance show source text
• Indian Wells Zoning Code Medium relevance show source text
• Indian Wells Zoning Code (§ 21.14.040.) Medium relevance show source text
• Indian Wells Zoning Code Medium relevance show source text
• Indian Wells Zoning Code Medium relevance show source text

Cited sections

• City of Indian Wells Municipal Code — **§ 21.90.030 Non‑conforming uses and structures** (general rules on continuation, abandonment, alterations, maintenance, restoration). (§ 21.90.030)
• City of Indian Wells Planning Area tables and notes — **Planning Area 4**, **Planning Area 8**, etc. (examples and district mapping showing RVLD nonconforming densities). **§ 21.14.040** and related Planning Area notes. (§ 21.14.040)
• Development standards and height/setback tables that apply to RVLD and other zones (e.g., **§ 21.23.070** height and envelope references cited in Planning Area tables). (§ 21.23.070)
• Resort Commercial and accessory use standards including solar and roof‑mounted equipment rules (**§ 21.34.080**). (§ 21.34.080)
• ADU chapter — nonconforming zoning code conditions and ADU permit limitations (**§ 21.85.090**). (§ 21.85.090)
• Procedural provisions referenced: **§ 21.06.070 Zoning Compliance Review** and **§ 21.06.080 Use Determinations**. (§ 21.06.070)
• IndianWells_ZoningCode.md

• Official Indian Wells code library