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Brighton City Zoning Code

19.32 C-V

COMMERCIAL ZONE

19.32.010 PURPOSE OF PROVISIONS

The purpose of the C-V Zone is to provide for areas in appropriate locations where commercial centers providing for the needs of tourists and travelers may be established, maintained, and protected, subject to conditional use approval by the planning commission. The regulations of this zone are designed to encourage the provision of transient housing facilities, restaurants, service stations, and other commercial activities providing for the convenience, welfare, or entertainment of the traveler.

19.32.020 PERMITTED USES

Permitted uses in the C-V Zone include:

  1. Accessory uses customarily incidental to a conditional and permitted use.

19.32.030 CONDITIONAL USES

Conditional uses in the C-V Zone include:

  1. Antique shop without outside display.
  2. Any other establishment for the service of visitors, determined by the planning commission to be of the same general character as the uses listed in this Chapter.
  3. Art gallery.
  4. Class A beer outlet.
  5. Class B beer outlet.
  6. Handicraft shop.
  7. Mobile store provided it meets the following requirements:
    1. A location on improved property including a main building with paved parking, and landscaping, curb, gutter, and sidewalk if required by Brighton.
    2. A maximum display area of one hundred square feet outside the portable structure, a minimum of ten feet behind the property line, not on landscaped areas, and not obstructing access to the property.
    3. Compliance with the sign ordinance.
    4. The structures comply with the yard requirements of the zone.
    5. The mobile store including display area shall not be located within the clear view of intersecting streets.
    6. Written approval from the property owner to locate on the site.
  8. Public or quasi-public use.
  9. Recreation, commercial.
  10. Restaurant; drive-in refreshment stand.
  11. Restaurant liquor license.
  12. Shared parking
  13. State-approved liquor and/or beer outlet on state-owned property.
  14. Hotel.

19.32.040 BOARD OF HEALTH APPROVAL

Prior to issuance of a conditional use permit or site plan approval for all uses, regardless of size or number of units, the applicant shall receive the written approval of the board of health certifying that all health requirements have been satisfied and that the proposed construction will not damage the natural watershed. In addition, developments of more than nine lots or more than nine units shall receive the written approval of the State Division of Health certifying the culinary water system and the sewerage system. All approvals shall be in accordance with the regulations of the State Division of Health relating to culinary water supply and wastewater disposal.

19.32.050 BUILDING HEIGHT

No building or structure in the C-V Zone shall exceed three stories or thirty feet (30 ft) in height.

19.32.060 LOT AREA, COVERAGE AND YARD REQUIRMENTS

The following minimum requirements shall be observed in the C-V Zone, except where increased for conditional uses:

  1. Lot Area shall be ten thousand square feet (10,000 sq. ft.)
  2. Maximum Lot Coverage shall be forty percent (40%)
  3. Front Yard shall be twenty feet (20’)
  4. Side Yard shall be none
  5. Rear Yard shall be ten feet (10’)

19.32.070 MAXIMUM COVERAGE

In the C-V Zone, the maximum coverage for the aggregate of all buildings, paved surfaces and graded areas shall be twenty-five percent of the site area.

19.32.080 NATURAL HAZARDS

In the C-V Zone, construction of permanent structures is not permitted in areas subject to hazards such as floods, landslides, and avalanches.

19.32.090 GRADING PERMIT REQUIRED

In the C-V Zone, to eliminate the possibility of erosion and unsightly scars on the mountain slopes, cut-and-fill shall be controlled by standards adopted by the planning commission, which are based on slope and grade analysis, for construction of access roads, private rights-of-way, and building sites. All cut-and-fill surfaces shall be replanted and maintained to negate the possibility of erosion and scarring. All grading shall also comply with the requirements of the Uniform Building Code as adopted in Chapter 15.08, Uniform Building Code.

19.32.100 NATURAL VEGETATION

Natural vegetation shall not be removed in the C-V Zone unless the site plan and the plan for vegetation clearing is approved by the planning commission for conditional uses, or the development services division director for permitted uses, subject to all the provisions of this Chapter.

19.32.110 BUILDING MATERIALS

In the C-V Zone, buildings shall be designed to preserve the natural beauty of the canyon area. Only those building materials which will blend harmoniously into the natural environment shall be permitted. The use of wood, stone and other harmonious materials is encouraged, and the use of bland, unpainted concrete blocks and unpainted metal is prohibited on exterior surfaces, subject to Chapter 19.38.

19.32.120 SPECIAL PROVISIONS APPLICABLE

Developments in the C-V Zone shall be subject to the provisions of Sections 19.38.040 through 19.38.170 of this title, and as set out in Sections 19.32.130 through 19.32.180 of this Chapter.

19.32.130 LOT AREA, WIDTH AND SLOPE

In the C-V Zone, the minimum lot area shall be one-half acre. The minimum width of any lot shall be one hundred feet. Construction is not permitted where the slope exceeds thirty percent. Roads and other vehicular routes shall not cross property having a slope greater than thirty percent unless, after review by the planning commission, it is determined that:

  1. Appropriate engineering measures can be taken to minimize the impact of the cuts and fills, consistent with the purpose of this chapter; and
  2. The environment and aesthetics of the area will not be significantly affected.

19.32.140 YARDS

In the C-V Zone, because of the unique nature of the topography and climatic conditions of the canyon areas, the side, rear and front yard requirements will be determined on an individual basis by the planning commission for conditional uses, and by the development services division director for permitted uses.

19.32.150 BUILDING HEIGHT

  1. In the C-V Zone, the unique nature of the topography, vegetation, soils, climatic and aesthetic characteristics of the canyons defy uniform regulations and require that the heights of structures be determined on an individual basis. Maximum and minimum heights of all conditional uses shall be determined by the planning commission based on a careful analysis of the following:
    1. Natural setting;
    2. Relationship to other structures and open spaces;
    3. Contour intervals and topographic features;
    4. Height, density, and type of vegetation;
    5. Scenic vistas; and
    6. Other elements deemed appropriate to ensure that the provisions of Chapter 19.38 are met.

19.32.170 OFF-STREET PARKING

In the C-V zone, for conditional uses the planning commission shall determine the number of parking spaces required. For permitted uses, the planning and development services division director shall determine the number of parking spaces required. However, the minimum requirements of Chapter 19.48 shall be provided, except for hotels and resort hotels, one-half parking space shall be provided for each guestroom. The planning commission may modify the requirements of Sections 19.48.060 through 19.48.700.

19.32.180 UTILITIES

In the C-V zone, all utilities shall be placed underground.

19.32.200 LOTS OF RECORD

The planning commission for conditional uses and the development services director for permitted uses may waive the slope requirements of this chapter for legal lots of record and subdivisions in the C-V zone which were approved by the planning commission prior to the enactment of the ordinance from which this section derives if such waiver would not be injurious to health, safety and the general public welfare of the inhabitants of Brighton and is consistent with the purpose of this title