Brighton City Zoning Code
GENERAL ZONING
REGULATIONS
§ 155.020 ESTABLISHMENT OF DISTRICTS.
In order to implement this chapter, and to achieve the objectives in § 155.001, the entire municipality is hereby divided into the following zoning districts.
(A) Agricultural district: A-1;
(B) Residential districts:
(1) One-family dwelling district: R-1;
(2) Multiple-family dwelling district: R-2; and
(3) Villas (uniplex)-two-family dwelling district: R-2A.
(C) Business district: B-1; and
(D) Industrial district: I-1.
(Prior Code, § 10-3-1) (Ord. passed 4-19-1999; Ord. 748, passed 4-7-2014)
§ 155.021 ZONING MAP AND DISTRICT BOUNDARIES.
(A) Zoning map.
(1) The boundaries of the listed zoning districts are hereby established as shown on the zoning map of this municipality. The zoning map, including all notations and other information thereon, is hereby made a part of this chapter by reference.
(2) Official copies of the zoning map shall be kept on file in the office of the Code Official or other appropriate official. In the event there is a conflict between the zoning district given for a legal description of any parcel, and the description on the map, the zoning district given to the legal description shall apply.
(B) Annual publication. In accordance with state law, the Code Official shall publish the village zoning map not later than March 31 of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.
(C) Annexation requirements. All territory annexed into the village will be classified as R-1. When new territory is being annexed into the village and such territory is to be zoned other than R-1, the village must follow the procedures described in § 155.132.
(D) Determining territory of districts with precision. In determining with precision what territory is actually included within any zoning district, the Code Official shall apply the following rules.
(1) Where a district boundary as indicated on the zoning map approximately follows the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary.
Centerline of any street, alley, or highway | Such centerline |
Lot line | Such lot line |
Railroad tracks | Center right-of-way line of such track |
(2) Whenever any street, alley, or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.
(Prior Code, § 10-3-2) (Ord. passed 4-19-1999)
§ 155.022 GENERAL PROHIBITION.
(A) Structures and lots.
(1) No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated, or reconstructed except in conformity with the provisions of this chapter.
(2) Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with the provisions of this chapter.
(B) Agricultural exemption.
(1) The provisions of this chapter shall not be interpreted or administered so as to restrict the erection, maintenance, alteration, or extension of buildings (including farmhouses) or structures used or intended to be used for agricultural purposes on agricultural land except that such buildings or structures shall be required to conform to applicable setback regulations.
(2) Whenever a portion of a tract of land ceases to be used primarily for agricultural purposes, all pertinent provisions of this chapter shall apply to that portion.
(Prior Code, § 10-3-3) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.023 UNLISTED USES PROHIBITED.
(A) Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district.
(Prior Code, § 10-3-4) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.024 TEMPORARY AND PORTABLE STRUCTURES OR USES.
No person shall park, store, or occupy a temporary structure for living purposes except:
(A) For a period not in excess of one year, on property for which a building permit for the construction of a permanent dwelling has been issued, which construction is actively carried forward to completion within the aforesaid one year; and/or
(B) A portable structure may be used as a temporary office or shelter incidental to construction or development of the premises on which the structure is located only during the time construction or development is actively underway.
(Prior Code, § 10-3-5) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.025 ONE BUILDING AND ALL YARDS ON ONE LOT.
Except as specifically provided otherwise:
(A) Only one principal building or structure shall be permitted on any residential lot; and
(B) No portion of any minimum area, minimum dimensions, or minimum yards required for any lot, structure, or use shall be counted to satisfy the minimum area, dimensions, or yards requirements for any other lot, structure, or use.
(Prior Code, § 10-3-6) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.026 ACCESS REQUIRED.
No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street or a private street.
(Prior Code, § 10-3-7) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.027 FRONT SETBACKS.
(A) Corner or through lots. Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage.
(B) Certain built-up areas. Except as specifically provided otherwise, in the residential zoning districts and in the commercial zoning districts, where existing developments have already established a setback line, then new developments in that block shall meet that established setback line.
(Prior Code, § 10-3-8) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.028 INTRUSIONS INTO YARDS.
Except where principal buildings are commonly attached (for example, in the downtown commercial area), no part of a principal building on one lot shall be closer than ten feet from any part of a principal building located on an abutting lot. However, so long as this overriding constraint is observed, certain intrusions into required yards are permitted as indicated below.
Features
|
Maximum Intrusions
|
Balconies, enclosed porches | 4 feet |
Canopies, roof overhangs | 4 feet |
Cornices, chimneys, planters, or similar architectural features | 2 feet |
Fire escapes | 4 feet |
(Prior Code, § 10-3-9) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.029 EXCEPTIONS TO HEIGHT LIMITS.
(A) Necessary appurtenances. Chimneys, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roofline shall be permitted to exceed the maximum height limitations by 20% for the district in which they are located if they comply with all other pertinent ordinances of this municipality.
(B) Intersections. On corner lots, in the triangular portion of land bounded by the street lines that are 30 feet from the point of intersection, no obstruction, whether natural or human-made, shall intrude into the air space that is between three and ten feet above the level of the adjacent street.
(Prior Code, § 10-3-10) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.030 ACCESSORY USES.
(A) Definition. For the purpose of this chapter, the following definition applies unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. Any structure or use which is:
(a) Subordinate in size or purpose to the principal structure or use which it serves; and
(b) Located on the same lot as the principal structure or use served.
(B) General regulations.
(1) If an accessory use is attached to the principal structure, it shall be considered part of that principal structure.
(2) Roof overhangs on accessory structures not attached to the principal structure shall not encroach more than two feet into the required setback distance.
(3) Accessory structures shall be located in back yards only.
(C) Specifically prohibited accessory uses. The following accessory uses are strictly prohibited unless expressly permitted in particular zoning district(s): use of an accessory structure as a dwelling.
(Prior Code, § 10-3-11) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.031 SCHEDULES OF AREA AND BULK REGULATIONS.
(A) To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk, and arrangement of buildings, and requiring minimum off-street parking for each of the districts established by § 155.020 (or specified use), are set forth as follows.
(B) Such schedule is hereby adopted and declared to be an integral part of this chapter, and it may be amended in the same manner as any other part of this chapter.
(1)
Zoning District
| Maximum Number of Dwelling Units
|
Minimum Lot Size
|
Minimum Yard Dimensions
| ||||||
Area in Square Feet or Acres
|
Width at Building Line
|
Mean Depth Linear Feet
|
Depth of Front Yard
|
Depth of Side Yard Abutting Street
|
Depth of Side Yard Abutting a Lot
|
Distance to Nearest Principal Building on Adjacent Lot
|
Depth of Rear Yard
| ||
Zoning District
| Maximum Number of Dwelling Units
|
Minimum Lot Size
|
Minimum Yard Dimensions
| ||||||
Area in Square Feet or Acres
|
Width at Building Line
|
Mean Depth Linear Feet
|
Depth of Front Yard
|
Depth of Side Yard Abutting Street
|
Depth of Side Yard Abutting a Lot
|
Distance to Nearest Principal Building on Adjacent Lot
|
Depth of Rear Yard
| ||
A-1 agricultural | 1 per 5 acres | 5 acres | 250 ft. | 250 ft. | 50 ft. | 25 ft. | 50 ft. | 50 ft. | 50 ft. |
B-1 business | None | 8,000 sq. ft. | None | None | None | None | None | None except 10 ft. from a residence | 10 ft. |
I-1 industry | None | 1 acre | 150 ft. | 150 ft. | 25 ft. | 25 ft. | 25 ft. | 50 ft. | 25 ft. |
R-1 one-family residential | 1 per lot | 6,000 sq. ft. | 50 ft. | 100 ft. | 20 ft. | 20 ft. | 5 ft. | 10 ft. | 25 ft. |
R-2 multiple-family residential | 7,000 sq. ft. or 3,500 sq. ft. for each residential unit, whichever is greater | 60 ft. | 100 ft. | 20 ft. | 20 ft. | 5 ft. | 10 ft. | 25 ft. | |
R-2A two-family residential | 1 per lot | 3,500 sq. ft. | 30 ft. | 100 ft. | 20 ft. | 20 ft. | 5 ft. | 0 ft. | 25 ft. |
(2)
Zoning District
| Maximum Coverage in Percent of Lot
| Maximum Height of Principal Building
| Maximum Height of Accessory Building
|
Accessory Building - Minimum Distance of
| Minimum Off-Street Parking
| ||||
Principal Building
|
Front Lot Line
|
Side Lot Line Adjacent to Street
|
Side Lot Line
|
Rear Lot Line
| |||||
Zoning District
| Maximum Coverage in Percent of Lot
| Maximum Height of Principal Building
| Maximum Height of Accessory Building
|
Accessory Building - Minimum Distance of
| Minimum Off-Street Parking
| ||||
Principal Building
|
Front Lot Line
|
Side Lot Line Adjacent to Street
|
Side Lot Line
|
Rear Lot Line
| |||||
A-1 agricultural | 10% | 35 ft. | 35 ft. | 20 ft. | 50 ft. | 50 ft. | 25 ft. | 50 ft. | 2 per unit |
B-1 business | 50% | 35 ft. | 35 ft. | None | 5 ft. | 5 ft. | 3 ft. | 5 ft. | See §§ 155.075 to 155.079 |
I-1 industry | 50% | 35 ft. | 35 ft. | None | 50 ft. | 50 ft. | 25 ft. | 25 ft. | 1 space per employee per shift |
R-1 one-family residential | 30% | 35 ft. | 20 ft. | 10 ft. | 20 ft. | 5 ft. | 5 ft. | 5 ft. | 2 per unit |
R-2 multiple-family residential | 35% | 35 ft. | 20 ft. | 10 ft. | 20 ft. | 20 ft. | 5 ft. | 5 ft. | 2 per unit |
R-2A two-family residential | 35% | 35 ft. | 20 ft. | 10 ft. | 20 ft. | 20 ft. | 5 ft. | 5 ft. | 2 per unit |
(Prior Code, § 10-3-12) (Ord. passed 4-19-1999; Ord. 748, passed 4-7-2014) Penalty, see § 155.999
§ 155.032 SCHEDULE OF USES.
(A) Regulations; schedule. To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, special uses, and specifically prohibited uses for each of the districts established by § 155.020 are set forth in the schedule below. Such schedule is intended and declared to be an integral part of this chapter, and it may be amended in the same manner as any other part of this chapter.
(B) Clarification regarding type of use. If a proposed use is not clearly defined in the schedule below, the matter shall be referred to the Code Official. The Code Official may confer with the village officials and/or the Village Attorney. The Code Official shall consider the nature of the proposed use and determine if it is substantially similar to a use listed in the schedule below. The factors to be considered include, but are not limited to, size of the structure, traffic likely to be generated, the presence of manufacturing, assembly, or preparation at the proposed site, and the degree of similarity with clearly permitted uses. If the Code Official determines that the proposed use is substantially similar to a permitted use, the proposed use shall be considered as permitted and shall be subject to the limitations which would apply to such clearly permitted similar use. All such designations of substantially similar use shall be reported to the Village Board. Any proposed use which is not so characterized as substantially similar to a clearly permitted use shall be considered as a prohibited unlisted use. An amendment or special use permit, as applicable, may be sought.
(C) Explanation of rows. Each row refers to a specific district which lists the permitted uses, permitted accessory uses, special uses, and specifically prohibited uses, and are read vertically under a district column.
(D) Limitations and requirements. Limitations and requirements in the schedule below as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in the schedule below to another section or provision of this chapter, such section or provision referred to shall thereby be incorporated as an integral part of the requirements including such reference. All provisions of this chapter shall apply as integral parts of this section although not specifically cited as a column.
Zoning District | Permitted Uses and Accessory Uses | Prohibited Uses | Special Uses |
A-1 agricultural | Agricultural uses, single-family residences, municipal buildings, churches, schools, cultural uses, parks and recreation, dog pounds/kennels | Billboards, landfills, junkyards, airplane landing strips | Commercial, recreation, home occupations |
B-1 business | Funeral homes, commercial recreation, hotels, banks, department stores, restaurants, mechanical repair shops, automobile sales, clubs/lodges - private, transit storage - not enclosed, offices, filling stations, retail sales | All uses prohibited in the A-1 district | |
I-1 industrial | Any nonresidential uses permitted in the B-1 district, light manufacturing, warehousing, fabrication, lumberyards (not enclosed), wholesale fruit and produce, cold storage plants, telephone exchanges including shops or garages, industrial labs | All uses prohibited in the A-1 district | Residences |
R-1 one-family residential | Agricultural uses, single-family residences, modular homes, churches, schools, parks and recreation, golf courses | All uses prohibited in the A-1 district, multi-family residences, mobile homes, kennels as defined by this chapter | Mobile home parks, funeral homes, home occupations, libraries, duplexes |
R-2 multi-family residential | Multi-family residences, any use permitted in the R-1 district, two-family residences, rooming houses/boarding houses | All uses prohibited in the R-1 district, except multi-family residences | All special uses permitted in the R-1 district |
R-2A two-family residential | Two-family residences, any use permitted in the R-1 district, rooming houses/boarding houses | All uses prohibited in the R-1 district | All special uses permitted in the R-1 district |
(Prior Code, § 10-3-13) (Ord. passed 4-19-1999; Ord. 748, passed 4-7-2014) Penalty, see § 155.999