18.56.040   NONCONFORMING STRUCTURES.
   .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.
   .060   Removal of Building.  Except as provided in this section, if a nonconforming structure is removed, subsequent structures shall conform to the provisions of this title.
      .0601   Removal and Reconstruction of Structures Accessory to Historic Residences. If a structure, accessory to a historic residence (as identified on a list maintained by the Planning Department) is removed, replacement structures or portions thereof may be reconstructed in their original location, subject to review and approval by the Planning Director. Approval shall be subject to the following requirements:
         .01   Verification that the accessory structure to be replaced was in existence a minimum of forty (40) years prior to the request for reconstruction must be provided by the submittal of one or more of the following documents:
            (a)   Sanborn map
            (b)   County Assessor documents
            (c)   Historical photographs of the accessory structure
            (d)   Other similar, pertinent historical records
         .02   That the reconstruction shall be similar to or listed in Section 18.04.030 (Uses. Single-Family Residential Zones), Table 4-B (Accessory Uses and Structures. Single-Family Residential Zones) or in Section 18.04.100 (Structural Setbacks. Single-Family Residential Zones), Table 4-J (Permitted Encroachments for Accessory Uses/Structures: Single- Family Residential Zones).
         .03   The reconstruction must be located on the same property as the historic single-family residence.
         .04   The reconstruction will not add additional dwelling units.
         .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.)