Brentwood — Nonconforming Uses

Last reviewed: July 1, 2026

Overview

Brentwood’s zoning code addresses nonconforming situations in Chapter 17.610 of Title 17, called the city’s “nonconforming use regulations.” It applies to nonconforming activities (uses), facilities (structures), and lots, and is aimed at phasing out incompatible conditions over time while setting clear continuity, alteration, and termination rules . Except as allowed in Chapter 17.610, activities and facilities must comply with the zoning title; no changes are allowed that increase nonconformity .

What counts as “nonconforming” in Brentwood

• Definitions. A nonconforming activity is a use that was legal when established but is no longer permitted after annexation, rezoning, or code amendments; a nonconforming facility is a lawfully built structure that no longer meets standards like setbacks or height; a nonconforming lot is a previously lawful lot that no longer meets area, width, or frontage standards. “Alteration” includes enlargements, relocations, changes in occupancy, or use changes (ordinary maintenance and painting excluded) .
• No expansion. Unless Chapter 17.610 expressly allows it, a nonconforming use cannot be expanded, extended, enlarged, substituted, replaced, or otherwise altered without conforming to the code .

Citywide rules you’ll actually use

• Continuance of certain uses. Two categories may continue despite being nonconforming, but the status terminates if discontinued for six months or more, converted to a conforming use, or changed to a substitute nonconforming use:
  1. any residential use in any zone; 2) agricultural uses limited to crop and plant production .
• Amortization dates and deadlines.
  • In any R or A district or the OS district, nonconforming activities without buildings (or with only incidental buildings valued under $2,000 or under 1% of land value) must terminate by January 1, 1992 .
  • Any nonconforming activity accessory to a residential use must terminate by January 1, 1990 unless a home occupation permit is obtained .
  • All other nonconforming activities not covered above must terminate by January 1, 1990 unless a conditional use permit (CUP) is secured; a CUP does not end nonconforming status unless the use is conditionally permitted, but it sets an “ultimate termination date” and can impose compatibility conditions during the wind‑down period .
  • Uses nonconforming due to performance standards in § 17.200.004 must conform by January 1, 1991 or cease .
  • Nonconforming signs are regulated under the city’s signage rules (see Brentwood Signage); the code points to § 17.640.012 for termination of nonconforming signs .
• Notice. For activities subject to termination under § 17.610.009, the city must give constructive notice (including the termination date). If the city fails to timely notice by July 1, 1988, the termination date is automatically extended equal to the period of delinquency .
• Substitution. With CUP approval, a nonconforming activity may be replaced with a different nonconforming activity if it is more in conformance with permitted uses in that zone; substitution must occur within three months of CUP approval and remains nonconforming .
• Disaster/accident. If a nonconforming activity ceases due to destruction by accident, flood, or act of nature for more than 30 days, it may not be reestablished .

Structures (Nonconforming Facilities)

• Maintenance is allowed. A nonconforming facility can be maintained; but if it is voluntarily razed, you lose the nonconforming status and reconstruction must comply with current zoning .
• Alterations. Altering a nonconforming facility must conform to current zoning. A variance may be sought, but if granted, the facility’s nonconforming status is terminated (becoming a lawful variance-based condition) . See Brentwood Variances and Exceptions.
• Damage threshold. If a nonconforming facility is destroyed or damaged more than 50% of its current assessed value, repairs/reconstruction must fully conform to the applicable district regulations .
• Parking deficiency. If a facility is nonconforming because it lacks required parking, you cannot substitute a use that would require more parking spaces than the previous use (see also Brentwood Parking) .
• Nonconforming lots. Any “lot of record” may continue and be developed under Title 17 despite nonconforming area, width, or frontage .
• Special reestablishment for single-family homes. A nonconforming residential use may be reestablished via building permit when all of the following are met: within one year of cessation; the use is single-family; the dwelling was the owner’s principal residence when involuntarily terminated; and termination was due to accident, fire, flood, earthquake, or other act of nature. This clause applies notwithstanding § 17.610.009 and § 17.610.013 .

How nonconforming rules interact with other Brentwood regulations

• Citywide application. Title 17 applies to all property; except as allowed by the nonconforming rules, activities/facilities may not be established, expanded, or altered except in conformity with the zoning title . See the Brentwood Zoning overview.
• Parking changes when uses change. When moving from a nonconforming to a conforming use, the off‑street parking standards of Chapter 17.620 apply if they exceed the previous use’s requirements (see Brentwood Parking) .
• Signs. Nonconforming signs phase out per § 17.640.012 (see Brentwood Signage) .
• Specific plans and PDs. Specific plan areas and PD zones adopt Chapter 17.610 for nonconforming uses/structures unless a PD chapter provides otherwise . Some PDs specify unique nonconforming allowances; for example, in “Village II” Subarea A, two existing single‑family homes may continue indefinitely until modified or converted, at which point PD standards apply .
• CUP/variance process. CUPs can set a termination date for an otherwise nonconforming activity; variances can authorize alterations but terminate nonconforming status once granted. CUP procedures appear in Chapter 17.830 as referenced in PD chapters .
• ADU-specific rule. For Brentwood ADUs, the city may not require correction of nonconforming zoning conditions as a condition of approving an ADU or JADU, reflecting state law integration within Brentwood’s ADU ordinance .
• For broader context on use categories and standards, see Brentwood Land Use, Brentwood Development Standards, Brentwood Overlay Districts, and, for exterior changes, potential Brentwood Design Review.

District-by-District: How nonconforming rules apply

Note: Brentwood’s nonconforming chapter names certain district groups (R, A, OS) and otherwise applies citywide; detailed purpose statements, permitted use lists, and dimensional standards for each base district (e.g., “R‑1,” “C‑N”) were not found in the retrieved materials. Verify with the jurisdiction.

Residential districts (all R districts)

• Purpose of rule: Phase out nonconforming activities or bring them into compliance while allowing lawful residential continuance under strict conditions .
• Key nonconforming standards:
  • Residential uses may continue; status ends if discontinued 6 months or changed as described above .
  • Nonconforming activities accessory to a residential use must terminate by Jan 1, 1990 unless a home occupation permit is obtained .
  • Activities without substantial buildings or with very low‑value incidental buildings must terminate by Jan 1, 1992 .
  • Disaster reestablishment exception for owner‑occupied single‑family dwellings within 1 year (see above) .
• Where it applies: All residentially zoned property in Brentwood.

Agricultural districts (A)

• Purpose of rule: Eliminate or conform nonconforming activities while recognizing crop‑production uses as eligible to continue until discontinued or changed .
• Key nonconforming standards:
  • Crop/plant production uses may continue subject to the 6‑month discontinuance rule .
  • Activities without significant buildings (or with very low‑value incidental buildings) must terminate by Jan 1, 1992 .
• Where it applies: All A‑zoned property.

Open Space (OS)

• Purpose of rule: Remove nonconforming activities not integrated into the open space framework; same 1992 amortization for minimal‑improvement activities .
• Key nonconforming standards: Jan 1, 1992 termination for qualifying activities; otherwise citywide rules apply .
• Where it applies: All OS‑zoned property.

Planned Development (PD) subareas

• Purpose of rule: PD chapters can tailor standards and sometimes name specific nonconforming situations allowed to continue until a defined trigger (e.g., modification) .
• Key nonconforming standards: PDs adopt Chapter 17.610 unless the PD text provides a specific allowance. Example: in “Village II,” two existing homes can continue “indefinitely” until modified or converted, at which point PD standards govern .
• Where it applies: PD‑zoned areas and specific plan subareas citywide (Chapter 17.610 applies unless modified) .

All other zones (commercial, industrial, etc.)

• Purpose of rule: Systematically phase out nonconforming activities unless a CUP is secured to manage an orderly termination timeline .
• Key nonconforming standards:
  • General Jan 1, 1990 termination unless a CUP is obtained; CUP sets a termination date and may impose operating conditions for compatibility during the phase‑out .
  • Parking‑deficient facilities cannot be intensified with a new use needing more parking than before .
• Where it applies: All non‑R/A/OS districts, including commercial, industrial, and mixed‑use areas.

Key Decision Standards (Nonconforming)

Checklist

• Identify whether your situation is a nonconforming activity, facility, or lot under Chapter 17.610; document dates, zoning changes, and lawful establishment .
• Confirm whether the 6‑month discontinuance or 30‑day disaster cessation rules have been triggered for the use; if so, assume status ended unless an exception applies .
• If a facility is damaged, obtain the current assessed value and the damage estimate to evaluate the 50% threshold .
• If a use is accessory to residential or falls in R/A/OS with minimal structures, check the applicable 1990/1992 termination dates; for other zones, check whether a CUP was obtained to set a termination date .
• Before proposing a substitute use in a parking‑deficient building, confirm you are not increasing required parking under Chapter 17.620 and Brentwood Parking .
• For nonconforming signs, consult Brentwood Signage and § 17.640.012 .
• In PD/specific plan areas, verify whether the PD chapter provides a special allowance (e.g., Village II homes allowed to continue until modified) .
• If an alteration is desired, confirm whether a variance or CUP is appropriate, and that obtaining a variance will terminate nonconforming facility status; see Brentwood Variances and Exceptions .
• For ADUs on nonconforming sites, check the city’s ADU rules; the city cannot require correction of nonconforming zoning conditions as a condition of ADU approval (see Brentwood ADUs) .

Risks & Ambiguities

Plain-English Summary

Brentwood lets some older, now‑incompatible uses or structures keep operating, but only within tight limits. Residential and crop‑production uses can continue unless they stop for more than six months; many other nonconforming activities had to wind down by 1990 or 1992 unless a CUP extended them to a set end date. If a nonconforming building is heavily damaged, you generally must rebuild to today’s rules. Before changing uses in a nonconforming building—especially one short on parking—check the code, because a more parking‑intense use may be blocked.

Information Gaps

• Detailed base district lineup (e.g., the specific “R‑1,” “R‑2,” “C‑N,” etc. designations), their purposes, permitted uses, and dimensional standards: Not found in retrieved materials. Verify with the jurisdiction.
• Exact section numbers for some quoted subsections within Chapter 17.610 beyond those expressly referenced (e.g., § 17.610.009, § 17.610.013): Not found in retrieved materials. Verify with the jurisdiction.

Source References

• Title 17, Chapter 17.600 (Supplementary Regulations) and Chapter 17.610 (Nonconforming Uses): title, purpose, applicability; definitions; general no‑expansion rule; continuance and discontinuance; amortization dates; substitutions; acts of nature; facilities and lots; damage threshold; parking deficiency; SFR reestablishment exception .
• Title 17, General applicability and conformity clause (nonconforming rules as the exception) .
• Chapter 17.620 (Off‑Street Parking) interaction with change of use and conforming transitions .
• Specific plans adopting Chapter 17.610; PD carve‑outs (e.g., Village II) .
• CUP reference in PD chapters (Chapter 17.830) .
• ADU provision: city may not condition approval on correcting nonconforming zoning conditions (Brentwood ADU ordinance, reflecting state law) .

Retrieved passages

• Brentwood Zoning Code (Chapter 17.610) High relevance show source text
• Brentwood Zoning Code (section the) High relevance show source text
• Brentwood Zoning Code (Chapter 10.28) High relevance show source text
• Brentwood Zoning Code (Section 17.640.012.) High relevance show source text
• Brentwood Zoning Code (section termination) High relevance show source text
• Brentwood Zoning Code (title notwithstanding) High relevance show source text
• CFC § 65450 (Section 65450) High relevance show source text
• Brentwood Zoning Code (Section 17.610.005) High relevance show source text

Cited sections

• Title 17, Chapter 17.600 (Supplementary Regulations) and Chapter 17.610 (Nonconforming Uses): title, purpose, applicability; definitions; general no‑expansion rule; continuance and discontinuance; amortization dates; substitutions; acts of nature; facilities and lots; damage threshold; parking deficiency; SFR reestablishment exception . (Title 17)
• Title 17, General applicability and conformity clause (nonconforming rules as the exception) . (Title 17)
• Chapter 17.620 (Off‑Street Parking) interaction with change of use and conforming transitions . (Chapter 17.620)
• Specific plans adopting Chapter 17.610; PD carve‑outs (e.g., Village II) . (Chapter 17.610)
• CUP reference in PD chapters (Chapter 17.830) . (Chapter 17.830)
• ADU provision: city may not condition approval on correcting nonconforming zoning conditions (Brentwood ADU ordinance, reflecting state law) .
• Brentwood_ZoningCode.md

• Official Brentwood code library