The purpose of this chapter is to allow for the continuation of certain legally established uses and structures that no longer meet the requirements of this title, limit expansion of existing uses and structures that are no longer appropriate for the zoning, and phase out certain uses that have become inconsistent with the intent of the zoning. (Ord. 5920 § 1 (part); June 8, 2004.)

   A legally established lot, as of record on the effective date of this chapter, that does not conform to the current size, width, or depth requirements of the applicable zone may be used and developed, except where a particular use has a specified minimum lot size that is larger than the size of the subject lot. The lot shall be used and developed according to all other applicable zoning regulations unless the Planning Director determines that the standards should be modified because of the substandard size of the lot, pursuant to subsection 18.62.040.050 (Findings) in Chapter 18.62 (Administrative Reviews). (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 20; September 22, 2009: Ord. 6169 § 4; April 27, 2010.)

   A nonconforming use, including any land use that becomes legally non-conforming upon the effective date of this chapter, may be continued, including interior modifications and change of ownership, subject to all of the provisions of this section.

   .010   Expansion of Use Prohibited. A legally nonconforming use may not be intensified or expanded in area or volume, except as provided in this chapter.

   .020   Minor Expansion. A nonconforming use is allowed a one-time expansion subsequent to the time it became nonconforming; provided the expansion does not exceed ten percent (10%) of the area or volume, or one thousand (1,000) square feet, whichever is less, of the use at the time it became nonconforming, and complies with all other provisions of this title.

   .030   Modification of Use. A nonconforming use may be modified to a use deemed similar in nature, but lesser or equal in intensity and impact, including required number of parking spaces, as determined by the Planning Director. The Planning Director shall have authority to approve or deny the modification, based on the findings set forth in subsection 18.62.040.050 (Findings). The decision of the Planning Director may be appealed pursuant to subsection 18.60.140.010 (Appeal Authority).

   .040   Abandonment of Use. If any nonconforming use is abandoned, it shall be considered automatically terminated, and any future use of the premises shall conform to the provisions of this title. For purposes of this chapter, cessation of the nonconforming use, and/or the change to a conforming use for a continuous period of not less than six (6) months, shall be deemed to be an abandonment of the nonconforming use.

   .050   Modification of Building. A building containing a nonconforming use shall not be enlarged or reconstructed, except as provided herein. Structural alterations or tenant improvements, including but not limited to, replacements of walls, electrical fixtures or plumbing, may be permitted; provided the alterations comply with current code, and do not expand the nonconforming use or increase the required number of parking spaces, except as provided herein.

   .060   Destruction of Building. If a building containing a nonconforming use is destroyed to the extent of more than seventy-five percent (75%) of its construction valuation (total construction cost to replace the building and structure in kind, based on current costs determined by the Building Official), then the right to maintain the nonconforming use shall expire, and the use of the building shall thereafter conform to all applicable zoning provisions.

   .070   Permit Nonconformance. Any continuing use that becomes or is nonconforming solely by virtue of not meeting the currently applicable permitting requirements of this title may become a conforming use by obtaining the appropriate permit(s). Until the appropriate permits are obtained, the use remains a nonconforming use subject to the provisions of this chapter.

   .080   Subdivision of Property with Nonconforming Use; Relocation of Nonconforming Use. Any property that is developed with a nonconforming use shall not be subdivided, unless the nonconforming use is made conforming in conjunction with the subdivision request. A nonconforming use may not be relocated to another location on the property or to an adjoining property. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 21; September 21, 2009.)

   .010   Residential Buildings. A nonconforming residential structure located in a residential zone may be continued and expanded as follows, provided that the Planning Department determines that the new construction complies with the provisions of this title and results in bringing the building closer to conformity.

      .0101   Structures with legally nonconforming setbacks may be expanded.

      .0102   Structures with legally nonconforming height may be expanded.

      .0103   Structures with legally nonconforming lot coverage or floor area ratio shall not be expanded.

      .0104   Structures with legally nonconforming screening of roof-mounted equipment may be expanded, however, any alteration to the existing roof-mounted equipment shall comply with the provisions of this title.

      .0105   Unless otherwise provided in this Code, a single-family residence developed with a nonconforming setback may be expanded, provided the following can be shown:

         .01   The expansion is limited to a single-story structure.

         .02   The expansion that encroaches into the nonconforming setback is no more than two hundred (200) square feet, or twenty-five percent (25%) of the existing dwelling excluding the garage, whichever is less.

         .03   The addition, including the roof, shall be compatible with the architecture and materials of the existing dwelling.

         .04   The addition does not create an adverse impact on adjacent property.

      .0106   A nonconforming structure, other than those subject to subsections .0101 through .0104 above, shall be completely removed or altered to structurally conform to the standards of the zone in which it is located, within a time fixed by the Planning Commission and approved by the City Council, as provided in Section 18.56.100. Prior to its removal or alteration, no additions, enlargements or structural alterations shall be made, except those required by law.

   .020   Non-Residential Structures. A legally nonconforming non-residential structure may be continued and expanded as follows:

      .0201   Buildings with nonconforming setbacks and/or height may be expanded; provided the expansion complies with the provisions of this title, and does not intensify existing nonconformities.

      .0202   Buildings with nonconforming floor area ratio (FAR) and/or lot coverage shall not be expanded. (Ord. 5944 26; September 28, 2004.)

   .030   Partial Destruction of Nonconforming Building. Any nonconforming building that is destroyed, as provided below, may be restored to the size that existed at the time of partial destruction, and the occupancy or use of such building or part thereof which existed at the time of partial destruction may be continued, subject to all other provisions of this title:

      .0301   The building is destroyed by fire, explosion or other casualty, Act of God, or the public enemy to the extent of not more than fifty percent (50%) of its construction valuation (total construction cost to replace the building and structure in kind, based on current costs determined by the Building Official); or

      .0302   The building is destroyed, in whole or part, as part of a disaster or calamity, involving not fewer than three hundred (300) residential and/or commercial units, which results in a state of emergency or local emergency being duly proclaimed pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code.

   .040   Partial Destruction of Building Entitled by Zoning Petition. A building which was constructed under a conditional use permit, variance or administrative adjustment that is destroyed by fire, explosion or other casualty, Act of God, or the public enemy to the extent of fifty percent (50%) or more of its construction valuation (computed as the building's legally established floor area multiplied by the Building Official's current per-square-foot multiplier for new construction contained in the City's building valuation data) may be restored as follows:

      .0401   For property developed under a conditional use permit, the land use may be retained. However, the structure shall comply with the Code, provided that any revised plans necessitated by the reconstruction shall comply with Section 18.60.190 (Amendment of Permit Approval).

      .0402   For property developed with a variance or administrative adjustment, the approved waiver, or waivers, may be retained. However, all other code requirements shall be complied with. Any revised plans necessitated by the reconstruction shall comply with Section 18.60.190 (Amendment of Permit Approval).

   .050   Destruction of Multiple-Family Building in Local Historic Districts. Within the RS-2 and RS-3 Zones, the reconstruction of any legally-established, multiple-family dwelling located within Anaheim’s local Historic Districts, defined by the City of Anaheim Citywide Historic Preservation Plan that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy shall be permitted, provided that:

      .0501   The dwellings were made nonconforming by the adoption of an ordinance for reclassification to a less intense zone on or after August 26, 2003;

      .0502   The dwelling is constructed in conformance with development standards in the Zoning Code in effect on August 26, 2003, which were applicable to the property prior to reclassification to a less intense zone;

      .0503   The number of units shall not exceed the number of legally established units which existed on the effective date of said reclassification;

      .0504   Reconstruction is in conformance with all applicable building codes and regulations, other than development standards as set forth above, in effect at the time of reconstruction; and

      .0505   A complete application for a building permit to authorize reconstruction is filed with the Building Division within two (2) years of the date of the event that caused the damage or destruction.

         .05   The reconstruction shall be subject to the approval of the Planning Department. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6115 § 6; October 14, 2008: Ord. 6156 § 22; September 22, 2009: Ord. 6317 § 22; March 3, 2015.)

   Notwithstanding any other provision of this chapter, the reconstruction of any nonconforming multiple-family dwelling or two-family dwelling that is damaged or destroyed by fire, earthquake or other casualty event may be allowed, if a conditional use permit is obtained pursuant to Chapter 18.66 (Conditional Use Permit). If a complete conditional use permit application is not filed within two (2) years of the date of casualty, the right to maintain the nonconforming use or structure shall cease. The approval of a use permit does not change the status of the use or structure to a conforming use or structure.

   .010   Criteria for Denial. Rebuilding may be prohibited (or reduced to below pre-casualty size or density) only if the building is located in an industrial zone, or if both of the following findings are made:

      .0101   The reconstruction will be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; and

      .0102   The nonconforming residential use would be more appropriately moved to a zone in which the use is permitted.

   .020   Degree of Rebuilding. If approved for rebuilding, the building(s) may be reconstructed up to its pre-casualty size and number of dwelling units. Any accessory pre-casualty nonconforming use (if applicable) may also be resumed, at the discretion of the Planning Commission or City Council.

   .030   Applicable Regulations. Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all of the following:

      .0301   All applicable provisions of Section 65852.25 of the California Government Code relating to the rebuilding of nonconforming residences;

      .0302   All other applicable provisions of this title and any applicable adopted guidelines and standards,

      .0303   There may be no increase in the size and number of pre-casualty dwelling units, unless approved by the Planning Commission or City Council.

      .0304   A building permit shall be obtained within the later of one (1) year of the effective date of the conditional use permit, or two (2) years after the date of damage or destruction. If that building permit expires, the right to rebuild to the density approved and the conditional use permit shall also expire. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Effect on Status of Use or Structure. A use or structure having a sign that does not meet the requirements of Chapter 18.44 (Signs), but is otherwise in conformance with this title, shall not be subject to the provisions of Section 18.56.030 or Section 18.56.040 solely due to the nonconformity of the sign.

   .020   Continuation of Sign. Except as otherwise provided herein, any nonconforming sign or other advertising structure may continue, and may be repair/maintained provided that any structural change or alteration of any sign that requires a building or other permit shall be subject to the approval of the Planning Commission and/or City Council, through a conditional use permit proceeding as prescribed in Chapter 18.66 (Conditional Use Permits) if special findings can be found. An exception to this requirement is for any change of copy or repair and maintenance to legal non-conforming signs that does not modify or change the sign structure, does not need approval of a Conditional Use Permit, and may be approved through an administrative Zoning Plan Check review and applicable building permits.

      .0201   Findings. Before the approval authority, or City Council on appeal, may approve a conditional use permit for non-conforming signs, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:

         .01   That the proposed modifications to the sign do not increase the height or area of sign copy and bring the sign closer to conformity with the code;

         .02   That the changes proposed improve the aesthetics of the sign; and

         .03   That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.

   .030   Demolition of a Structure with Associated Legal Nonconforming Sign. If a building is demolished and there is a legal nonconforming sign associated with that building and/or use, then the nonconforming sign shall be removed or made conforming with the provisions of Chapter 18.44. (Ord. 5920 1 (part); June 8, 2004: Ord. 6286 § 39; September 3, 2013: Ord. 6601 § 28; January 14, 2025.)

   .010   Effect on Status of Use or Structure. For non-residential and multiple-family residential uses, any use or structure that does not comply with the parking requirements of Chapter 18.42 (Parking and Loading), but is otherwise in conformance with this title, shall be permitted to do the following:

      .0101   Continue existing use; or

      .0102   Change to another permitted use with the same or lower parking requirement.

   .020   Expansion of Use or Building. For non-residential and multiple-family residential uses, any expansion of the use or building, or change to a use that requires more parking, the expansion or change shall comply with the provisions of Chapter 18.42 (Parking and Loading) and Chapter 18.46 (Landscaping and Screening). Re-striping of the entire parking area shall comply with the current code in striping and stall size as approved by the City Traffic and Transportation Manager. All new parking stalls shall comply with current code.

   .030   Expansion of Single-Family Residence. A single-family dwelling that does not comply with current parking requirements is allowed a one-time expansion of not more than six hundred fifty (650) square feet for houses in the RS-2, RS-3 and RS-4 (Single-Family Residential) zones and eight hundred fifty (850) square feet for houses in the RS-1 (Single-Family Residential) zone and the RH-1, RH-2 and RH-3 (Single-Family Hillside Residential) zones, provided the addition does not preclude the possibility of compliance with the parking requirements in the future. Any addition exceeding six hundred fifty (650) square feet, or eight hundred fifty (850) square feet when permitted by the underlying residential zone, or any addition that results in a higher parking requirement than the minimum required for the single-family home, shall comply with subsection 18.42.030.040 (Dwellings-Single-Family Detached), except as may otherwise be permitted by subsection 18.60.020.040 (Modifications Related to Nonconformities) of Chapter 18.60 (Procedures).

   .040   Parking within Adopted Historic Districts. If additional on-site parking is required, a single-family dwelling unit identified as a qualified historic structure on one of the City’s qualified historic structures lists, located within any historic district as determined by the City’s official list, that does not comply with current parking requirements may be allowed to expand per Section 18.56.070.030 (Expansion of Single-Family Residence). Uncovered parking spaces may be provided in lieu of enclosed parking spaces in the event that the provision of enclosed parking spaces would necessitate the removal or alteration of an existing historic structure, as determined by the Planning Director or his or her designee. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 45; October 25, 2005: Ord. 6101 §§ 53, 54; April 22, 2008.)

   .010   Effect on Status of Use or Structure. A use or structure that does not meet the landscaping and fencing requirements of Chapter 18.46 (Landscaping and Screening), but is otherwise in conformance with this title, shall not be subject to the provisions of Section 18.56.030 or Section 18.56.040 solely due to the failure to provide adequate landscaping or fencing.

   .020   Expansion of Parking. Any expansion of a parking lot or parking structure shall require compliance with the provisions of Chapter 18.46 (Landscaping and Screening) for the expanded portion of the use or structure. (Ord. 5920 § 1 (part); June 8, 2004.)

   Any use legally established by the Orange County Planning Authority, in an area subsequently annexed to the City of Anaheim, which becomes nonconforming may be continued as follows:

   .010   Any nonconforming uses shall comply with Section 18.56.030.

   .020   Any nonconforming structures shall comply with Section 18.56.040.

   .030   If a time limit for a use is set by the Orange County Planning Authority, it may continue unless it is established that such use creates a nuisance to the health, welfare or well being of the area involved, as provided in Chapter 6.44 (Nuisances) of the Anaheim Municipal Code. At the expiration of any time period set by the Planning Authority, an application for the continuance of the nonconforming use shall be made to the City of Anaheim Planning Commission. Any use for which no time limit is set by the Planning Authority shall conform to the provisions of this section, unless in the meantime such use becomes a nuisance to the health, welfare or well being of the area involved, as provided in Chapter 6.44 (Nuisances) of the Anaheim Municipal Code. (Ord. 5920 § 1 (part); June 8, 2004.)

   This section shall apply when other provisions of this chapter require that nonconforming structures or uses be terminated or made conforming within a fixed period of time.

   .010   Nonconforming Structure – Amortization Period. A reasonable amortization period, establishing the deadline for removal or alteration of a nonconforming structure, may be fixed by the Planning Commission. The determination shall be approved by the City Council before it becomes effective. Determining the normal life of a nonconforming structure, and setting the time for its removal or alteration, may only be made after notice is provided to the owner, and a hearing has been held in the manner provided in Chapter 18.60 (Procedures).

   .020   Nonconforming Structure – Notification. When such an order is made, it shall be the duty of the Planning Commission to give the owner of the structure affected written notice thereof immediately upon the order becoming final, and again not less than sixty (60) days nor more than ninety (90) days prior to the date such removal or alteration is required to be completed.

   .030   Nonconforming Use. Discontinuance of a nonconforming use not involving a nonconforming structure shall be subject to the procedures in subsections .010 and .020 above. (Ord. 5920 § 1 (part); June 8, 2004.)

   Nothing in this chapter is intended to affect the ability of the City to terminate any use or remove any structure that is found to be a public nuisance, whether or not any applicable amortization period has expired, as may be established in Section 18.56.100 above, or as set forth in Chapter 6.44 (Nuisances) of the Anaheim Municipal Code. (Ord. 5920 § 1 (part); June 8, 2004.)

   The provisions of this Chapter shall apply to nonconforming uses and buildings, which become so as a result of any future reclassification of the zone or district in which the particular structure or use is located. (Ord. 5920 § 1 (part); June 8, 2004.)

   Notwithstanding any provision of Title 18 to the contrary, uses and structures made nonconforming by public acquisition shall be subject to the provisions of this section.

   .010   A use or structure made nonconforming by a “public acquisition” (defined as the acquisition of property by condemnation, purchase under threat of eminent domain, dedication, or otherwise for a public use, as the term “public use” is defined by California Code of Civil Procedure Section 1240.010, and as may be amended hereafter and including public acquisition and construction of the project for which the public acquisition is taken, undertaken by the City and/or other public agency), may be continued subject to the provisions of this Section. For the purposes of application of this Chapter, a property shall be deemed to be acquired by public acquisition at the time the acquiring public entity takes title to the property being acquired, or the time the public entity is legally entitled to take possession of the property being acquired, whichever first occurs.

      .0101   Where a structure is located upon a lot, a portion of which is acquired by a public acquisition, such structure and site improvements may be maintained upon the remaining portion of said lot, and may thereafter be used, maintained or repaired without relocating or altering the same to comply with the development standards of the zone in which it is located.

      .0102   Further, if such structure is partially located upon the property being acquired by a public acquisition, it may be relocated upon the same lot or premises without observing the required setbacks adjacent to the new lot line created by such public acquisition, and without reducing the number of dwelling units to conform to the development standards of the zone in which it is located.

      .0103   If a lot does not comply with the development standards of the zone in which it is located due to a public acquisition, or if a legally existing nonconforming lot is reduced in size due to a public acquisition, the remainder of said lot (so long as said remainder is not smaller in area or width than one-half of the minimum area or width required for the zone in which it is situated) may continue to be utilized as a conforming lot. However, any construction or other development on any such lot that may occur after the public acquisition will continue to be subject to then-applicable development standards, unless otherwise excepted therefrom as a non-conforming use or structure, or otherwise eligible for an Administrative Adjustment under Section 18.56.130.020, below.

      .0104   Any use of land, building, or structure which is made “non-conforming” either in design or arrangement due to public acquisition, shall be exempt from the requirements of Section 18.56.100 (Amortization).

   .020   Expansion of Use or Structure. A use or structure made nonconforming by a public acquisition may be expanded subject to the requirements of this Chapter. However if the expansion of use or structure does not conform to the requirements of this Chapter, then such expansion may be permitted subject to the approval of an Administrative Adjustment per the provisions of Section 18.62.040 (Administrative Adjustments) and the requirements provided therein.

   .030   Applicability. The provisions of this section shall apply to all zones in the City. (Ord. 6245 § 85; June 5, 2012.)