A. 
Title. The provisions of Chapter 17.610 shall be known as the "nonconforming use regulations" of this title.
B. 
Purpose. The purpose of the nonconforming use regulations is to provide for the general welfare and convenience of the public through the elimination of those nonconforming activities and facilities considered to be detrimental to the orderly growth and development of the city.
(Ord. 408, 1987)
The nonconforming use provisions shall be applicable to the use of any land, building or structure; any building or structure itself; or a lot within the city which is not in conformance with the regulations of the zoning ordinance of the city of Brentwood.
(Ord. 408, 1987)
For the purposes for this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Alteration"
means an enlargement, addition, relocation, repair, remodeling, increase in the number of dwellings or rooming units, development of or change in open areas, any increase in occupancy or tenants, change in use, or any other change in an activity or facility. Alteration shall not include painting and ordinary maintenance, demolition or removal, change in ownership, tenancy or management or an approved activity substitution.
"Lot of record"
means a lot or other parcel of land shown on the tax rolls of the county of Contra Costa on the effective date of the ordinance codified in this title.
"Nonconforming activity"
means the use of land, a building or a structure which use was permitted within the zone in which it was located at the time it was established but which has become no longer permitted due to subsequent annexation, rezoning of the land or amendment of the zoning regulations. For purpose of this section the term "activity" includes signs.
"Nonconforming facility"
means a building or structure or other land development that was lawfully constructed in conformance the applicable zoning regulations with respect to setbacks, height, off-street parking and similar provisions but which is no longer in conformance with existing regulations due to annexation, rezoning of the land or amendment of the zoning regulations.
"Nonconforming lot"
means a "lot of record" lawfully subdivided in conformance with the applicable zoning regulations but which is no longer in conformance with existing regulations with respect to area or dimension due to annexation, rezoning of the land or amendment of the zoning regulations.
"Nonconforming use"
means a nonconforming activity, facility or lot.
(Ord. 408, 1987)
Except as otherwise provided by this chapter, no nonconforming use shall be expanded, extended, enlarged, substituted, replaced or otherwise altered without conforming to the provisions of this chapter.
(Ord. 408, 1987)
The following activities may continue not withstanding their status as nonconforming activities however, in the event the activity is discontinued for a period of six months or more, the activity is changed to a conforming use, or the activity is changed to a substitute nonconforming use, status as a nonconforming activity shall be considered terminated and the use may not be reestablished:
A. 
Any residential use in any zone;
B. 
Agricultural uses limited to the production of crops or plants, vines and trees and bulbs and seeds.
(Ord. 408, 1987)
Nonconforming activities shall be terminated by the date stated or within five years following annexation or adoption of any future ordinance making a conforming use nonconforming in the following cases:
A. 
In any R or A zone or the OS zone where no buildings are employed in conjunction with a nonconforming activity or where any buildings or structures are incidental to a nonconforming activity and have an appraised value (for tax purposes) of less than two thousand dollars (or one percent of the current appraised value of the land, whichever is greater) the nonconforming activity shall be terminated by January 1, 1992.
B. 
Nonconforming signs shall be subject to termination pursuant to Section 17.640.012.
C. 
In any district where a nonconforming activity is being conducted in conjunction with or as an accessory to the use of the property as a residential use, such nonconforming activity shall be terminated by January 1, 1990 unless a home occupation permit is obtained.
D. 
In any zone of the city all nonconforming activities not subject to Section 17.610.005 or subsections 17.610.006A through C shall be terminated by January 1, 1990 unless a conditional use permit is obtained. Conditional use permit approval shall not terminate the nonconforming status of the activity except where the use is a conditional use within the zone in which it is located but shall establish the ultimate termination date of the activity based on the intensity of the activity, the value of the business or activity, the capability of the activity being converted to a conforming activity and the impact of the activity on surrounding property. In addition, conditions of approval may be imposed to assure compatibility of the activity with the neighborhood during the period pending its termination.
E. 
Any activity which is nonconforming by reason of noncompliance with the performance standards set forth in Section 17.200.004 shall be terminated by January 1, 1991 unless measures are adopted to conform therewith.
(Ord. 408, 1987)
Prior to July 1, 1988 the owner and any tenants, lessee, renter or other occupants of any lot on which is being conducted a nonconforming activity which is subject to termination under the provisions of Section 17.610.009 shall be given constructive notice of the provisions of this chapter, the specific provisions of the ordinance which makes the activity nonconforming, and notice of the date that the activity is to be terminated. Failure of the city to give the prescribed notice by the date specified shall constitute automatic grant of an extension of the termination date ultimately determined for a period equal to the period of time notice was delinquent.
(Ord. 408, 1987)
Subject to conditional use permit approval, a nonconforming activity may be terminated and a substitute nonconforming activity established where it is found that the substitute activity is more in conformance with the other uses permitted within the zone. Such substitution must occur within three months of conditional use permit approval. The substitute use shall be considered a nonconforming activity, conditional use permit approval notwithstanding.
(Ord. 408, 1987)
In the event a nonconforming activity is terminated as a result of its destruction by accident or by flood, earthquake or other act of nature such nonconforming activity shall not be reestablished. For the purposes of this section termination shall mean the cessation of the activity for more than thirty days.
(Ord. 408, 1987)
Any building or structure may continue to be maintained notwithstanding its status as a nonconforming facility except, however, in the event such building or structure is voluntarily razed, status as a nonconforming facility shall be considered terminated and reconstruction shall be in conformance with the applicable zoning regulations.
(Ord. 408, 1987)
A nonconforming facility shall not be altered except in conformance with the regulations of the zoning ordinance. Applications for a variance to allow such alteration is not precluded and if variance approval is granted, nonconforming facility status shall be terminated.
(Ord. 408, 1987)
In the event a facility is nonconforming by virtue of a deficiency in off-street parking, substitution with another use shall not be permitted if the off-street parking requirements of the new use exceed those of the previous use.
(Ord. 408, 1987)
In the event any nonconforming facility is destroyed or damaged as a result of accident or by fire, flood, earthquake or other act of nature to an extent exceeding fifty percent of its current assessed value it shall not be repaired or reconstructed except in conformance with the applicable zoning district regulations.
(Ord. 408, 1987)
Any "lot of record" may continue to be maintained and developed under the provisions of this title notwithstanding its status as a nonconforming lot with respect to required area, width or frontage.
(Ord. 408, 1987)
Notwithstanding the provisions of Sections 17.610.009 and 17.610.013 above, a nonconforming residential use may be reestablished through the granting of a building permit when the following conditions are satisfied.
1. 
A building permit has been issued by the city no later than one year from the date when the nonconforming residential use ceased; and
2. 
The nonconforming use is determined to be single-family residential; and
3. 
The single-family dwelling was the place of principal residence of the property owner at the time the use was involuntarily terminated;
4. 
The nonconforming use and/or nonconforming facility was involuntarily terminated as a result of its damage or destruction by accident, fire, flood, earthquake or other act of nature.
(Ord. 468 § 13, 1990)