Local zoning · Anaheim

Anaheim — Nonconforming Uses

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

Last reviewed: July 3, 2026

Overview

Anaheim treats nonconforming lots, structures, and uses in a single, dedicated Nonconformities chapter in the Zoning Code. The rules allow legally established uses or buildings that no longer meet current zoning to continue in limited ways, set narrow expansion and rebuild triggers, and give the City tools to phase out or amortize certain nonconformities. See the Nonconformities chapter (Chapter 18.56) for the controlling rules. § 18.56.010


How Anaheim’s Nonconforming Rules work (core rules)

  • A nonconforming lot that was legal when recorded may be used and developed under current zoning except where a larger minimum lot size is explicitly required for the proposed use; the Planning Director may authorize modifications because of substandard lot size per administrative-adjustment findings. § 18.56.020

  • A nonconforming use may continue, be sold, and undergo interior modifications, but may not be intensified or relocated on-site or off-site except where the code allows limited one-time or discretionary changes. Minor expansions are tightly limited. § 18.56.030

  • Minor expansion of a nonconforming use is allowed one time and only up to 10% of the existing area or volume or 1,000 sq ft, whichever is less. § 18.56.030.020

  • Abandonment: If a nonconforming use ceases or converts to a conforming use for a continuous period of six (6) months, it is treated as abandoned and may not be resumed. § 18.56.030.040

  • Nonconforming structures: expansion rules differ by use type. Residential structures can often be expanded if the alteration brings the building closer to conformity and follows specific limits for setback, height, lot coverage, and single-family additions. Non-residential structures have separate limits (for example, FAR/lot coverage nonconformities generally cannot be expanded). § 18.56.040

  • Destruction thresholds: If a building with a nonconforming use is destroyed beyond a monetary threshold, the right to resume the nonconforming use may be lost. Common thresholds in the code are greater than 75% of replacement cost for loss of right for some nonconforming rights, and 50% for partial-destruction rebuild rules in other contexts — check the specific subsection that applies. § 18.56.030.060; § 18.56.040.030–.040

  • Permit nonconformance: Where a continuing activity is nonconforming only because it lacks a current permit, it may become conforming by obtaining the necessary permit(s). § 18.56.030.070

  • Subdivision & relocation: Property developed with a nonconforming use generally may not be subdivided unless the nonconforming use is made conforming at the time of subdivision. Relocation of a nonconforming use to another on-site location or an adjoining property is prohibited except where a Specific Plan or conditional use permit provision allows it. § 18.56.030.080; Anaheim Canyon / Specific Plan exceptions exist. § 18.56.030.080; Anaheim Canyon Specific Plan § 18.120.040.050.03–.04

  • Amortization: The Planning Commission (and City Council confirmation) may set an amortization period requiring removal or alteration of nonconforming structures; an owner must be noticed and heard before an amortization order is fixed. § 18.56.100


District-by-district breakdown (where the code calls out special rules)

Below are Anaheim districts / plan areas that the nonconforming rules explicitly mention. Each subsection summarizes the district’s intent in the code, the typical permitted-use direction, where the district applies, and the nonconforming rules unique to it.

Residential zones (examples: RS-2, RS-3, single‑family residential)

  • Purpose / where it applies: single-family residential districts (multiple RS designations) used for single-family dwelling development; referenced in the Anaheim Canyon and other plan contexts for reconstruction standards. § 18.120.040.060; Anaheim Zoning definitions.
  • Typical permitted uses: single‑family dwellings and accessory uses as defined in Title 18 (Zoning). § 18.92 definitions.
  • Key nonconforming rules:
    • Nonconforming single‑family structures may be continued and in many cases expanded if the Planning Department determines the work brings the structure closer to conformity. § 18.56.040.010
    • A single‑family expansion that encroaches into a legal nonconforming setback is limited to single‑story and to no more than 200 sq ft or 25% of the existing dwelling (excluding garage), whichever is less; materials and compatibility and no adverse impacts to neighbors are required. § 18.56.040.0105
    • Lot coverage or FAR nonconformities for residential structures generally cannot be expanded. § 18.56.040.0103

Relevant internal links:

Industrial zones / Industrial Area (example: I, DA-1)

  • Purpose / where it applies: Industrial Area (DA-1) in Anaheim Canyon is intended for light and heavy industrial uses; underlying zone is the I Industrial Zone. § 18.120.030.010
  • Typical permitted uses: light and heavy industry, warehousing, manufacturing as allowed in the I zone (see zone tables in Title 18). § 18.120.030.0101
  • Key nonconforming rules:
    • Nonconforming non‑residential buildings with nonconforming setbacks or height may be expanded provided the expansion does not intensify nonconformities; however, buildings with nonconforming FAR or lot coverage may not be expanded. § 18.56.040.020
    • For specific Anaheim Canyon rules, structural expansions may encroach into existing legal nonconforming setbacks only up to 20% of the existing façade length at that setback, and expansions above 20% of gross floor area trigger full compliance with landscaping, signage and screening requirements. § 18.120.040.040.0401–.0402

Relevant internal links:

  • When considering parking impacts for industrial reuse see Anaheim Parking.

Anaheim Canyon Specific Plan areas (DA‑1 through DA‑7)

  • Purpose / where it applies: Specific Plan divides area into DA‑1 through DA‑7 with tailored development-area rules; the Specific Plan states that Chapter 18.56 nonconforming provisions apply except where the Specific Plan provides otherwise. § 18.120.030–.040
  • Typical permitted uses: varies by Development Area (Industrial, Recycling, Transit Oriented, Commercial, Open Space, Flex Area). § 18.120.030.030
  • Key nonconforming rules:
    • Structural expansions may encroach into existing nonconforming setbacks consistent with the Specific Plan limits (see the 20% façade limit and the 20% gross-floor-area threshold noted above). § 18.120.040.0401–.0402
    • Nonconforming uses may be relocated in limited circumstances with conditional use permit approval and required infrastructure impact analyses. § 18.120.040.0503–.0504

Relevant internal links:

Anaheim Resort / Disneyland Resort Specific Plans (C‑R, PR, SP92‑1, SP92‑2 and related overlays)

  • Purpose / where it applies: Specific Plans covering the resort and Disneyland areas have their own nonconforming subsections but explicitly defer to Chapter 18.56 except where they state otherwise. See Anaheim Resort Specific Plan and Disneyland Resort Specific Plan provisions. § 18.116.025–.050; § 18.114.050.050
  • Typical permitted uses: Commercial recreation, public recreation, theme-park uses and associated resort businesses in the C‑R and PR districts; specific lists are in the respective Specific Plan chapters. § 18.116.030–.040
  • Key nonconforming rules:
    • The Specific Plans allow some expansion of buildings with nonconforming setbacks/height so long as expansions do not intensify nonconformities; expansion of nonconforming uses to better conform to the plan may be allowed by conditional use permit. § 18.116.050.03–.04; § 18.114.050.05–.06
    • Certain specific structures (e.g., existing theme-park structures identified in exhibits) are allowed to remain and may be restored after limited destruction. § 18.114.050.0505–.0506

Relevant internal links:

(BCC) West Anaheim Commercial Corridors Overlay

  • Purpose / where it applies: overlay applicable to properties in the Brookhurst/West Anaheim commercial corridor; underlying zone rules apply except where the overlay supersedes. § 18.22.030–.040
  • Key nonconforming rules:
    • The general Chapter 18.56 provisions do not apply to legal nonconforming uses that are prohibited by the BCC Overlay; instead the overlay requires conditional‑use review for expansions and, for alcoholic-beverage permit holders, allows a one‑time expansion up to 100% of existing gross floor area subject to specific conditions (no footprint increase, no height increase, and site improvements to bring the property closer to conformity). § 18.22.040.020–.0202

Relevant internal links:


Quick reference table — decision‑critical nonconforming standards

Issue Rule / limit (Anaheim) Code Reference
Minor expansion of a nonconforming use One-time increase ≤ 10% of area/volume or ≤ 1,000 sq ft, whichever is less § 18.56.030.020
Abandonment period Cessation or conversion to conforming use for 6 months = abandonment § 18.56.030.040
Nonconforming-lot continued use Legally established lot may be developed under current standards unless a larger minimum lot-size is required § 18.56.020
Single‑family setback addition limits Single-story only; ≤ 200 sq ft or 25% of existing dwelling (ex‑garage), materials/compatibility/no adverse impact § 18.56.040.0105
Partial destruction threshold (general) Restore up to pre‑casualty size if ≤ 50% destruction valuation in many partial-destruction cases § 18.56.040.030
Total-destruction threshold for termination Nonconforming use right may expire if building destroyed to > 75% of construction valuation § 18.56.040.060
Amortization authority Planning Commission may set amortization period; Council approval required; hearing & notice required § 18.56.100
Subdivision with nonconforming use Subdivision not allowed unless nonconforming use is made conforming with subdivision § 18.56.030.080
Overlay exception (BCC) BCC prohibits Chapter 18.56 application for certain legal nonconforming uses; expansions allowed only by Conditional Use Permit with limits (one-time up to 100% for ABC holders) § 18.22.040.020–.0202

Checklist — what an applicant must satisfy / bring to the Planning Department

  • Establish that the lot/use/structure was legally established prior to the code change (recorded lot, permit, or prior approvals). § 18.56.020
  • Confirm whether the nonconformance is a permit nonconformance that can be cured by obtaining permits (if so, apply for permits). § 18.56.030.070
  • If proposing a one-time expansion of a nonconforming use, show the expanded area does not exceed 10% or 1,000 sq ft and complies with all other Title 18 requirements. § 18.56.030.020
  • For a residential setback addition: demonstrate single‑story, ≤ 200 sq ft or 25%, compatible materials, and no adverse neighbor impacts. § 18.56.040.0105
  • If rebuilding after destruction, document percent‑of‑loss valuation and comply with the re-construction limits (50%/75% thresholds as applicable). § 18.56.040.030–.060
  • If the site is inside a Specific Plan or Overlay (e.g., Anaheim Canyon, Anaheim Resort, BCC), pull the specific-plan/overlay nonconforming rules and exhibits and satisfy any conditional-use or infrastructure study requirements. § 18.120.040.050–.060; § 18.116.050.01–.04; § 18.22.040.020
  • If proposing deviations (setbacks, parking, etc.), consider an Administrative Adjustment or variance; prepare the findings required in § 18.62.040.050. § 18.62.040
  • Verify whether an amortization schedule or amortization order applies to the property. § 18.56.100

Risks & Ambiguities

Issue Why it matters What to verify
Is the problem lack of a permit or a true zoning nonconformity? Permit nonconformance can be cured by obtaining permits; a zoning nonconformity is regulated under Chapter 18.56. Misclassification wastes time. Confirm historic permits/approvals, check § 18.56.030.070.
Which destruction threshold applies (50% vs. 75%)? Different subsections apply in different contexts (partial destruction rules vs. nonconforming-use termination). An incorrect valuation calculation could block rebuild. Verify which subsection governs the parcel (residential vs. non‑residential, SP rules) and consult §§ 18.56.040.030–.060.
Overlay / Specific Plan exceptions Specific Plans and overlays (e.g., BCC, Anaheim Canyon, Anaheim Resort) may override or add rules—these can permit or prohibit expansion differently. Pull the applicable Specific Plan/Overlay chapter and exhibits; check §§ 18.22.040, 18.120.040, 18.116.050.
Administrative adjustments count/limits The Planning Director can approve limited adjustments (e.g., setbacks, parking); but limits exist (no more than two per project unless special findings). Confirm adjustment type and required findings in § 18.62.040.
Amortization or City-ordered phase-out The Planning Commission + City Council can require removal/alteration on notice and hearing—this can limit long-term value. Check whether an amortization order exists for the property and confirm hearing/notice records under § 18.56.100.

Plain‑English summary

If your lot, building, or business in Anaheim was legal when it started but no longer meets today's zoning rules, you can usually keep operating — but expansions and relocations are tightly controlled: small one‑time increases are allowed in narrowly defined cases, abandonment rules and destruction thresholds can terminate nonconforming rights, and overlays or Specific Plans may add special exceptions or stricter limits. Verify your parcel’s exact status with Planning before spending on changes. See §§ 18.56.020–.100 for the governing rules.


Source References

  • Chapter 18.56 (Nonconformities), City of Anaheim Zoning Code — primary nonconforming uses/structures/lots rules: §§ 18.56.010–18.56.130.
  • 18.56.020 Nonconforming Lots. § 18.56.020.
  • 18.56.030 Nonconforming Uses (minor expansion, abandonment, permit nonconformance, subdivision/relocation limits). § 18.56.030.
  • 18.56.040 Nonconforming Structures (residential vs. non‑residential expansion rules; single‑family addition limits). § 18.56.040.
  • 18.56.100 Amortization authority and procedures. § 18.56.100.
  • Anaheim Canyon Specific Plan nonconforming provisions: 18.120.040.040–.050 (structural expansion, infrastructure studies, destroyed homes). § 18.120.040.
  • Anaheim Resort / Disneyland Resort Specific Plan nonconforming provisions: 18.116.050, 18.114.050. § 18.116.050; § 18.114.050.
  • BCC (West Anaheim Commercial Corridor) Overlay nonconforming provisions: 18.22.040.020. § 18.22.040.020.
  • Administrative adjustments and findings (where Planning Director may authorize dimensional relief): 18.62.040. § 18.62.040.

Related internal guidance pages (first natural links in the page text):


Sources

Retrieved passages

  • Anaheim Zoning Code (Chapter 18.56) High relevance
  • Anaheim Zoning Code (Chapter 6.44) High relevance
  • Anaheim Zoning Code (title may) High relevance
  • Anaheim Zoning Code (title may) High relevance
  • Anaheim Zoning Code (§ 1) High relevance
  • Anaheim Zoning Code (chapter shall) High relevance
  • Anaheim Zoning Code (chapter is) High relevance
  • Anaheim Zoning Code (Section 18.56.100.) High relevance

Cited sections

Frequently asked questions

What is a nonconforming use in Anaheim?

A nonconforming use is a use that was legal when established but does not meet current permitted‑use rules for the zone; such uses may generally continue but cannot be intensified, relocated, or subdivided except as allowed under Chapter 18.56. § 18.56.030

Can I expand my nonconforming business building in Anaheim?

Possibly — a one‑time minor expansion of a nonconforming use is allowed up to 10% of area/volume or 1,000 sq ft, whichever is less; non‑residential buildings with nonconforming setbacks/height may be expanded so long as the project does not intensify nonconformities, but FAR/lot coverage nonconformities cannot be expanded. § 18.56.030.020; § 18.56.040.020

If my building is destroyed, can I rebuild the nonconforming use?

It depends on the extent of destruction. Many partial‑destruction rules allow rebuilding up to pre‑casualty size if destruction is below 50% of construction valuation; destruction beyond 75% can terminate the nonconforming right in some contexts. Verify the threshold that applies to your parcel and whether a Specific Plan changes the rule. § 18.56.040.030–.060

What happens if I stop operating a nonconforming use for a while?

If a nonconforming use ceases or changes to a conforming use for a continuous period of six (6) months, the code treats the nonconforming use as abandoned and it cannot be resumed. § 18.56.030.040

Can I subdivide a lot that contains a nonconforming use?

Not unless the nonconforming use is made conforming in conjunction with the subdivision request; subdivision with an existing nonconforming use is generally prohibited. § 18.56.030.080

Do overlays or Specific Plans change the nonconforming rules?

Yes. Many Specific Plans (Anaheim Canyon, Anaheim Resort, Disneyland Resort) and overlays (e.g., BCC) include bespoke nonconforming provisions that supersede or supplement Chapter 18.56. Always check the Specific Plan/Overlay chapter that covers the parcel. §§ 18.120.040, 18.116.050, 18.22.040

Can I cure a nonconforming use simply by getting current permits?

If the nonconformity exists only because the activity lacks current permitting, it may be made conforming by obtaining the appropriate permit(s); until those are obtained, the use remains subject to nonconforming rules. § 18.56.030.070

Who can approve deviations that affect a nonconforming lot or structure?

The Planning Director can grant certain Administrative Adjustments (e.g., setback up to 20%, parking deviations up to 20% in many cases) subject to findings; more than allowed adjustments or variances require Planning Commission action per Chapter 18.62 and 18.74. § 18.62.040

If my property was annexed from Orange County, do nonconforming rules still apply?

Yes—uses legal under Orange County that become nonconforming upon annexation may be continued under Anaheim’s nonconforming rules, but the County’s prior time limits (if any) and nuisance findings may apply; the Planning Commission review may be required for continuance. § 18.56.090

Can the City require removal of a nonconforming structure?

Yes. The Planning Commission (with City Council approval) may establish a reasonable amortization period requiring removal or alteration of a nonconforming structure after notice and hearing. § 18.56.100 ---

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