This Title is known as "The Zoning Ordinance of the Town of Brighton" and is referred to herein as “the Ordinance” or “this Ordinance.”

The Zoning Ordinance of the Town of Brighton is organized into five articles:

1. Article I, “General Provisions” comprising Chapters 19.02 – 19.10, addresses:
   1. The organization and purpose of the Ordinance, together with definitions and enforcement procedures; and
   2. The criteria for addressing nonconforming uses, as well as procedures for analyzing takings.
2. Article II, “Administration” comprising Chapters 19.12 – 19.20, addresses:
   1. The process for applying for various types of land use and land development permits, and the procedures for amending the General Plan, amending the Ordinance, and petitioning for zone changes; and
   2. The roles of each administrative body in the land use and development process; 
3. Article III, “Zone Regulations” comprising Chapters 19.24 – 19.38, addresses the regulations for each zoning district, including the permitted or conditional land uses and densities that are allowed in each zone. 
4. Article IV, “Specific Use Standards,” comprising Chapters 19.42, addresses standards that are specific to the activity or use of a given property, including standards for long-term as well as temporary uses.
5. Article V, “Development Standards,” comprising Chapters 19.46 – 19.58, addresses:
   1. General standards applicable to the development of land;
   2. Standards particular to a development district or overlay zone; and
   3. Infrastructure, site design, signs, additional building standards (mass, height, setbacks), and natural conditions (such as slope, soils, drainage, etc.).

1. The Ordinance is intended to promote and support the goals and policies of the Town of Brighton’s General Plan, and for the following purposes:
   1. To promote the general health, safety and welfare of the present and future inhabitants, Businesses, and visitors of Brighton,
   2. To support small-scale economic opportunities and business that promote outdoor recreation, community services for residents, environmental preservation, or sustainable transportation,
   3. To support sustainable and responsible recreation and tourism,
   4. To regulate responsible alteration and development of land that promotes safety for people, wildlife, water, and the natural landscape.
   5. To provide for well-planned commercial and residential centers, safe and efficient traffic and pedestrian circulation, preservation of night skies and efficient delivery of municipal services, 
   6. To preserve existing residential properties that embody Brighton’s Mountain community,
   7. To regulate housing and development to reduce impacts on the environment.

1. Territorial Application. All land and parcels of real property within the jurisdictional limits of the Town of Brighton is covered by the provisions of this Ordinance.
2. General Applicability.
   1. The regulations contained in this Ordinance apply to all uses, structures, and parcels of real property, including those recorded prior to the enactment of this Ordinance.
   2. Every dwelling shall be located and maintained on a lot, as defined in this Ordinance. Except for dwelling groups, not more than one (1) dwelling structure may occupy one (1) lot.
3. General Prohibition. No portion or whole of any structure or land may be used, occupied, constructed, moved, enlarged, or structurally altered except as provided by this Ordinance. Land needed to meet the width, yard, area, coverage, parking or other requirements of this Title for a lot or building shall not be sold or conveyed away from such lot or building.
4. Private Agreements. This Ordinance is not intended to enforce any private agreement or covenant. If this Ordinance is more restrictive than a private agreement or covenant, this Ordinance prevails.
5. Other Laws and Regulations. This Ordinance controls over less restrictive State or municipal statutes, ordinances, or regulations.

1. In those instances where this Ordinance conflicts with previously applicable zoning regulations, the following rules apply:
   1. Division of Consolidated Lots. Previously platted lots consolidated into one taxable parcel may not be re-divided into lots smaller than the minimum area required in the underlying zone.
   2. Previously Issued Building Permits. If a building permit for a structure was lawfully issued prior to the effective date of this Ordinance or any amendments to this Ordinance, and if construction has begun within one hundred and eighty (180) days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and upon completion may be occupied under an occupancy permit for the use originally intended.
   3. Previously Granted Approvals.
      
      1. All approvals granted prior to the effective date of this Ordinance remain in full force and effect. The recipient of the approval may proceed to develop the property in accordance with the approved plans and any applicable conditions.
      2. If the recipient has failed to act on an approval before the approval expires, including any periods of extension granted, the provisions of this Ordinance control.

Applications for property development and/or use permits shall be actively pursued to a final decision by the town. If no activity such as plan submittals, reviews, meetings, or communication by the applicant has occurred on an application for one hundred eighty (180) days, the application will be deemed as inactive, and the file closed. The applicant may submit a written request to maintain the application as active, wherein upon finding that there is good cause and reasonable belief that the application will be pursued to completion, the Director, or their designee may grant a one-time ninety (90) day extension. Once a file is closed, an applicant will be required to reapply for permits or development.

If any provision of this Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate or nullify the remaining provisions of this Ordinance. The effect of the judgment is confined to the provision immediately involved in the controversy in which the judgment or decree was rendered.

1. An Applicant is entitled to a substantive review and approval of a land Use Application if the Application conforms to the requirements of the Town’s Land Use and Zoning Maps, the municipal specification for public improvements application to a Subdivision or Development, and the applicable land Use ordinance in effect when a Complete Application is submitted and all fees have been paid, unless:
   1. the land Use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the Application; or
   2. before the Application is submitted, the municipality has formally initiated proceedings by publicly noticing an amendment to its ordinances in a manner that would prohibit approval of the Application as submitted.
2. The municipality shall process an Application without regard to proceedings initiated to amend the municipality’s ordinances if:
   1. 180 days have passed since the proceedings were initiated; and
   2. the proceedings have not resulted in an enactment that prohibits approval of the Application as submitted.
3. An Application for a Land Use approval is considered, submitted and complete when the Application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
4. The continuing validity of an approval of a land Use Application is conditioned upon the Applicant proceeding after approval to implement the approval with reasonable diligence.
5. A municipality is bound by the terms and standards of applicable land Use ordinances and shall comply with mandatory provisions of those ordinances.