The purpose of this Chapter is to further the purposes of the General Plan, this Ordinance, and all other municipal Land Use Ordinances, as well as to ensure compatibility of selected specific uses with surrounding uses and properties to avoid any negative impacts associated with such uses.

1. This Chapter contains the specific and additional regulations for permitted and conditional uses identified in the Schedule of Uses for each of the zones contained in this Title. Any use not listed as permitted or conditional in the applicable zone shall be prohibited.
2. Compliance with specific use standards, as applicable, as well as all other requirements of this Ordinance, and all other Land Use Ordinances, and all other Federal, State, and Local requirements are required for any Land Use Application approval required by this Ordinance, or any other Approval, Permit, or License required by other Land Use Ordinances.

1. Purpose. The Town of Brighton recognizes that Internal Accessory Dwelling Units in single-family residential zones can be an important tool in the overall housing plan for the Town of Brighton. The purposes of the Internal Accessory Dwelling Unit standards of this code are to:
   1. Comply with State of Utah legislation which allows for Internal Accessory Dwelling Units generally and requires municipalities to adopt an ordinance if they wish to regulate certain requirements of the dwellings;
   2. Allow opportunities for property owners to provide social or personal support for family members where independent living is desirable
   3. Provide for affordable housing opportunities
   4. Make housing units available to moderate income people who might otherwise have difficulty finding housing in the Town of Brighton
   5. Provide opportunities for additional income to offset rising housing costs
   6. Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle
   7. Allow non-primary property owners (property owners not occupying the residence as their primary home) to use the IADU as a short-term rental and allow the property owner to use the “primary” dwelling even if it is not occupied as the owner’s primary residence
   8. Preserve the character of single-family neighborhoods by providing standards governing development of Internal Accessory Dwelling Units; and
   9. Ensure that Internal Accessory Dwelling Units are properly regulated by requiring property owners to obtain a business license and a building permit for an IADU prior to renting the IADU
2. Allowed Areas and Zones.

1. IADUs incorporated within the single- family residence shall be a permitted use on single family home lots in the Forestry zones where the minimum area of the lot is 6,000 square foot or greater.

2. In no case shall an IADU be permitted in a townhome, a multi-family PUD, or other attached unit type or on any lot that cannot satisfy parking or other conditions of the code.

C. Number of Residents Allowed in Accessory Units. IADUs shall not be occupied by more than one “Family” as defined in subsection 19.04.020.V.

D. Parking Requirements.

1. In addition to the required parking for the existing home. the property owner must demonstrate that one (1) on- site parking space is available for an IADU. A property owner bears the burden of showing by a preponderance of the evidence that sufficient parking is available. In cases where attached garage conversions are done to create an IADU, replacement of on-site parking spaces are required for the primary dwelling in a number equal to the parking spaces eliminated by such IADU. 2. If one unit of the property is being used as a short-term rental, the parking requirements for a short-term rental shall apply, and there shall be at least one additional space for each bedroom in the remaining unit, which space(s) shall function independently from (not in tandem with) the short-term rental parking spaces.

E. Water Availability. Applications for an IADU must include submittal of a written approval from the water company servicing the property which includes an approved floor plan as an attachment and certifies that sufficient water is available for the IADU, and that the IADU complies with all applicable water service requirements. If the property is being used as a short-term rental in one of the dwelling units, the water company must certify that sufficient water is available for both uses.

F. Owner Occupancy. Either the primary dwelling or the IADU must be:

1. Occupied as the owner’s primary residence, or;

2. Occupied by the property owner as a secondary residence, or;

3. Occupied as a long-term rental by a property manager authorized by the owner to care for the property.

4. Under no circumstances may the primary dwelling and the IADU be used as two separate short-term rentals.

G. Number of IADUs per Lot. Only one IADU is allowed per lot.

H. IADU Standards.

1. An approved building permit is required for all IADUs before an IADU is constructed.

2. Before an IADU can be rented, all other applicable provisions of this chapter and the Town of Brighton Code must be met.

3. Existing non-compliant IADUs may come into compliance by receiving a permit, meeting all the requirements in this section, and verifying existing work was done according to building, fire and health codes.

4. The IADU shall conform to all applicable building, fire. and health codes, including applicable water service requirements and sewer, black-water tank, or septic requirements.

5. Conversions of an existing space to an IADU will require compliance with safety requirements per building code including. but not limited to, egress windows with window wells in case of emergency, close off door(s) if needed between the IADU and main unit, and sufficient HVAC and climate control for the IADU.

6. IADUs will not require a separate HVAC or firewall.

7. Owner shall provide a separate address marking for emergency services and mailing services.

8. Single-family residences with an IADU shall retain the same appearance as a single- family residence.

9. IADUs shall not be located in a detached accessory structure connected by a Breezeway.

10. No IADU may be located in a primary dwelling that is served by a failing septic and/or black-water tank.

I. Affidavit and Notice of Accessory Dwelling Unit.

1. Applicants for IADUs shall provide an affidavit stating that the owner of the property has read and agrees to abide by the regulations of this chapter.

2. Upon approval of the IADU by the building official, a Notice of Internal Accessory Dwelling Unit including the affidavit shall be recorded against the property to provide notice to a future owner of the owner occupancy requirement for the IADU. The Notice shall include:

a. A description of the primary dwelling, including number of bedrooms, bathrooms, and kitchens;

b. A statement that the primary dwelling contains an internal accessory dwelling unit; and

c. A statement that the internal accessory dwelling unit may only be used in accordance with regulations in this Chapter and also referenced to in the Notice as “the Town of Brighton’s Internal Accessory Dwelling Units Regulations”.

3. Upon sale of the property, if the new owner wishes to continue use of-a previously approved IADU, the new owner shall be required to sign and record a new affidavit, update their information with the planning and business license departments, and comply with current administrative IADU requirements.

4. A copy of the recorded notice will be provided to the applicant.

J. Business Licensing. Prior to renting any IADU, a business license must be obtained. That license must be maintained and renewed annually as long as the unit is rented out.

K. Non-Rental Use of IADUs. IADUs used for housing that does not include the payment of rent or other monetary compensation will follow the same approval process as all other IADUs including recordation of the Affidavit and Notice except that a business license is not required.

1. Should an IADU used for non-rental uses later be rented for compensation, a business license must be obtained prior to doing so.

2. Examples that fall under non-rental use may include housing family members, caretakers, nannies, or other in- home employees

L. Retention of Single-Family Residence Status.

1. IADUs are part of a single-family residence and shall not be treated as a multi-family residence.

2. IADUs may not be separately metered apart from the single-family residence.

3. IADUs may not be sold or subdivided separately from the single-family residence.

M. Short-Term Rental Use. Dwellings with an approved IADU may be used as short-term rentals subject to compliance with the provisions of chapter 5.19 of the Brighton Code, including only containing one short-term rental unit per dwelling or Property. If a unit of a property with an IADU is rented as a Short-Term Rental, the applicant must designate and license a single unit in the property or the entire property as the Short-Term Rental. The short- term rental license is exclusive to that specific unit.

N. Remedies for Violations. In addition to any other legal or equitable remedies available to the Town of Brighton, the Town of Brighton may hold a lien against a property that contains an internal accessory dwelling unit in accordance with the provisions and procedures of Utah Code Annotated § 10-9a-530. If the owner of the property violates any of the provisions of that Section or any of the provisions of this Ordinance.

Bars, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. A security and operations plan shall be prepared by the applicant and approved by the Unified Police Department of Greater Salt Lake and the Director. The security and operations plan shall be filed with the Planning and Development Services Department as part of the business license. The security and operations plan shall include:
   1. A complaint-response community relations program;
   2. A provision for resolving neighborhood complaints regarding the operations on the business premises;
   3. Design and construction requirements to ensure that any sound level originating within the premises, measured within fifteen feet (15') from an exterior wall or door thereof, does not exceed the maximum permissible sound level set forth in Title 9;
   4. A provision stating that live entertainment shall only be located within an enclosed building subject to the foregoing sound limit;
   5. Prohibiting electronically amplified sound in any exterior portion of the premises;
   6. Designation of a location for smoking tobacco outdoors in conformance with State law;
   7. A provision stating that any trash strewn on the premises be collected and deposited in a trash receptacle by six o'clock (6:00) A.M. the following day, including any smoking and trash or debris in parking lot areas;
   8. A provision stating that portable trash receptacles on the premises be emptied daily, and automated receptacles be emptied at least weekly. Automated receptacles shall be located only within a municipality approved trash storage area; and
      
   9. A parking management plan which shall include consideration of the impact of parking on surrounding neighborhoods.
2. Site and floor plans proposed for the premises shall be reviewed and approved by the law enforcement agency for the Town of Brighton. Such review may require design features for the purpose of reducing alcohol related problems such as consumption by minors, driving under the influence, and public drunkenness.
3. In addition to the required setbacks, where a bar abuts a residentially zoned parcel, an additional buffer consisting of vegetative landscaping or walls are required along any property line or within any required yard area on the lot where the premises are located.
4. The location of an outdoor smoking area shall be selected to mitigate the effect on neighboring residences, businesses, and buildings. Where complaints are made about the outdoor smoking area, the Planning Commission may require the outdoor smoking area to be moved to an alternate location where it can be shown that the smoking area is adversely affecting neighboring residences, businesses, and buildings.
5. Not more than one alcohol related establishment as noted in the table of permitted and conditional uses shall be located within five hundred feet (500') of another alcohol related establishment as measured linearly without regard to intervening structures from the nearest point on the property line of one establishment to the nearest point on the property line of the second establishment.

Child Care, where allowed as a permitted or conditional use in the applicable zone, is also subject to the following standards:

1. A person exempted from licensing as a childcare center under the Utah Department of Health and Human Services Rule R381-60-3 is not subject to land use approval or business licensing. Building Code Regulations may still apply.
2. “Child Care, Residential” must be licensed by the Utah Department of Health and Human Services under Rule R430-50 et seq. A copy of the Health and Human Services License must be submitted prior to the issuance or renewal of a Business License.
3. “Child Care, Licensed Family” must be licensed by the Utah Department of Health and Human Services under Rule R430-90 et seq. A copy of the Health and Human Services License must be submitted prior to the issuance or reissuance of a Business License.
4. When Child Care is provided from a residence:
   1. The applicant must reside in the home in which the business will be conducted.
   2. The lot shall contain one available on-site parking space not required for use of the dwelling, and an additional available on-site parking space not required for use of the dwelling for any employee not residing in the dwelling. The location of the parking shall be approved by the Director to ensure that the parking is functional and does not change the residential character of the lot.
   3. No signs shall be allowed on the dwelling or lot except a nameplate sign.
5. At no time shall the applicant provide daycare or preschool services for a group of children exceeding the maximum number specified for such facility.
6. The use shall comply with the health department noise regulations.
7. The play yard may not be located in the front yard and shall only be used between eight a.m. and nine p.m.
8. The use shall comply with all local, state, and federal laws and regulations. (The Life Safety Code includes additional requirements if there are more than six children).
9. Upon complaint that any of the requirements of this section or any other municipal ordinance are being violated by a home day care/preschool caregiver, the Town of Brighton shall review the complaint and if substantiated may institute a license revocation proceeding under Title 5.
10. Planning and Development Services shall notify in writing all property owners within a three-hundred-foot (300’) radius of the caregiver's property concerning the licensing of a home day care/preschool at such property.
11. A “Child Care Center” must be licensed by the Utah Department of Health and Human Services under Rule R381-100 et seq. A copy of the Health and Human Services License must be submitted prior to the issuance or reissuance of a Business License. A Child Care Center is subject to the following requirements:
    1. Minimum Lot Size: Twenty thousand square feet (20,000 sq.ft).
    2. Rear Yard Playground Equipment: All outside playground equipment shall be located only in the rear yard.
    3. Landscape Buffering. Any outside area where children are allowed must be fenced with a solid fence at least six feet (6') high. At least ten feet (10') from the fence to the interior portion of the property shall be landscaped in such a way that the area cannot be used by the patrons.

1. Home Occupations are subject to the following standards:
2. Restrictions. The following business activities are prohibited from taking place at a residential dwelling unit:
   1. Commercial uses of a primarily retail nature or that rely on walk up traffic;
   2. Vehicle, trailer, or boat repair or maintenance, including body and fender work;
   3. Vehicle sales or rentals;
   4. Vehicle impound operations, junkyards, accessory outdoor storage, or storage yards;
   5. Major appliance repair (washers, dryers, refrigerators, etc.).
   6. Any use involving the storage or sale of flammable, explosive or hazardous materials;
   7. Mortuaries or crematoriums;
   8. Sexually oriented businesses;
   9. Welding, iron works, foundries, manufacturing, or assembly uses.
3. Exemptions. The following activities are exempted from or not subject to regulation under this chapter:
   1. Uses other than a home business that are listed as permitted or conditional uses in forestry zones;
   2. Snow blower repair;
   3. Garage or yard sales, provided:
      1. The sale is held for not more than three consecutive days;
      2. No more than two (2) sales are held per year at the same location; and
      3. No consignment goods are offered for sale;
   4. A home-based business operated by a resident of the municipality, unless the combined offsite impact of the home-based business and the primary residential use materially exceeds the offsite impact of the primary residential use alone.
4. Standards. The following standards apply to home occupations:
   1. The primary use of the dwelling shall be residential.
   2. The person operating the business shall reside in the dwelling at least nine (9) months per year.
   3. For lots that front on a right of way less than eighty feet (80’) wide, only the business operator and his/her immediate family members who reside in the home shall be employed to do any work in the home, whether compensated or not, in conjunction with the business. For lots that front on a right of way of eighty feet (80’) or greater, one (1) non-resident employee is allowed to be employed to do work in the home.
   4. Customers shall be allowed at the residence on an appointment only basis between the hours of seven p.m. and ten p.m. (7:00 a.m. and 10:00 p.m.) Group lessons or sessions may not exceed six (6) people at a time.
   5. Exterior remodeling that would change the residential appearance of the home is prohibited. Interior structural alterations made to the home are allowed only if they are consistent with its primary use as a dwelling.
   6. Any sale of goods not produced as part of the home occupation shall constitute a clearly incidental part of the operation of the home occupation. There may be no display of goods produced by the home occupation observable from outside the dwelling.
   7. All business activities shall take place entirely within the dwelling and/or attached garage and may not occupy more than twenty-five percent (25%) or more than five-hundred square feet (500 sq.ft.), whichever is less, of the floor area of the home.
   8. The home business may use only those tools, equipment, or electric apparatus that are commonly used as accessories to or in conjunction with residential uses.
   9. The home business may not emit or create excessive odors, smoke, dust, heat, fumes, light, glare, sounds, noises, vibrations, or interference with radio and/or television reception.
   10. In addition to the parking spaces required for the residents of the dwelling, off-street parking for customers and for an employee, if allowed under Subsection 3 above, shall be provided in the driveway or garage.
   11. Any nameplate sign may not exceed three square feet (3 sq.ft.), may not be illuminated, and shall be attached to a wall or window of the dwelling.
   12. Vehicles: No vehicle larger than a passenger car, van, or one-ton pickup truck may be brought to, parked on, or stored on the property in conjunction with a home business except that:
       1. One tow-truck may be used and stored on a residential lot so long as it has been approved by the Town Council.
       2. Occasional deliveries and pick-ups by commercial small package delivery organizations such as the USPS, FedEx, UPS of DHL are exempt from this requirement.
       3. Tanker trucks, box vans, delivery vans, and similar vehicles may not be stored on site. Such vehicles may be located off site in an approved and licensed off-site storage location.
       4. One trailer may be used in association with a Home Occupation in accordance with the following standards:
          1. The maximum body length of an enclosed trailer is twenty feet (20’). The maximum body length of an open trailer is sixteen feet (16’).
          2. Trailers shall be garaged or stored on private property and may not be located within the Front Yard setback or, for Corner Lots, in either the Front or Side Yard setback.
          3. Trailers may have one sign covering the lesser of twenty-four square feet (24 sq.ft.) or thirty percent (30%) of the side panel of the trailer.
   13. The home occupation applicant must either be the bona fide owner of the home (as shown on the current Salt Lake County tax assessment rolls) or if the applicant is renting or leasing the home, the homeowner must provide written permission allowing the applicant to conduct a business in the home. Said letter of permission must be signed and notarized by the homeowner.
   14. The property address (house number) shall be clearly posted on the home using letters at least four inches in height in a color that contrasts with the color of the building.
   15. The condition of the dwelling and landscaped areas shall be well maintained.
   16. The activities of the home occupation may not involve the use of hazardous materials or chemicals in amounts that will increase the hazard of fire, explosion, or safety to the structure the use is conducted in, adjacent structures, or the occupants thereof.
5. Regulations and Enforcement.
   1. All non-exempt home occupations shall obtain a municipality business license.
   2. An application for a home occupation, accompanied by the application fee, shall be submitted to Planning and Development Services. The application shall be approved upon the applicant agreeing to comply with the standards set forth in this section.
   3. A change of business ownership or relocation to a new address is considered a new business and requires separate approval.
   4. The business license shall be renewed each year that the home occupation is in operation.
   5. All home occupations shall be reviewed for compliance with the provisions of this Chapter. Noncompliance may result in revocation of the home business license.
   6. The business owner is responsible for complying with all applicable health, fire, building and safety codes.
   7. Violations of the standards set forth in this section shall be subject to the civil penalties outlined in section 19.08.070. In addition, a business license revocation hearing may be scheduled at the discretion of the Director for any business found to be in violation of the home occupation standards or any other municipal ordinance.

1. The following standards shall apply to all hotels, motels and other similar lodging facilities that are new development, redevelopment, changed from another use, or retrofits of existing buildings:
   1. The minimum number of guests shall be sixteen (16).
   2. All external materials shall follow the standards listed in Section 19.38.170.
   3. The minimum area per guest room shall be two-hundred and eighty square feet (280 sq.ft.).
   4. Hotels, or other lodging facilities are encouraged to co-locate with complementary uses such as dining, shopping and entertainment within close proximity.
   5. In addition to meeting these standards, existing buildings or structures being converted to be or include a hotel, or other lodging facilities shall be brought into conformance with all applicable building codes.

1. Outdoor dining, when listed as a permitted or conditional use in the applicable zone and appurtenant to a permitted restaurant use, is subject to the following requirements:
   1. A useable pedestrian pathway through zone at least five feet (5’) wide must be maintained as unobstructed by fire hydrants, trees, poles, meters, fountains, etc., and any proposed seating.
   2. Restaurants serving liquor must be able to contain distribution to the site.
   3. Public facilities, such as drinking fountains, fire hydrants, trash cans, etc., may not be obstructed. Public facilities may not be defaced or damaged. Damaged facilities will be restored at the property owner's expense.
   4. Crosswalks may not be obstructed.
   5. Dining may not interfere with adjacent business access, the growth or maintenance of street trees and maintenance of public facilities. Site distance for vehicles and pedestrians may not be obstructed.
   6. Minimum Conditions of approval:
      1. There may be no addition to the number or arrangement of tables on public property without prior approval.
      2. Tables and chairs may not be located, other than approved in the initial application, so as to further encroach onto the designated public way.
      3. The management of the restaurant is responsible for the removal of litter, debris, snow, and sidewalk or pedestrian path cleaning.
      4. There may be no additional signage, other than normal menus and logos on umbrella canopies.
      5. Restore any damage to public facilities and clean public facilities each day from food and drink spills and debris.
      6. Sidewalk dining is subject to inspection by the Planning and Development Services for compliance.
   7. Other dining facilities, such as cooking implements, coolers, serving tables, bars, etc., may not be allowed.

1. Retail Shops or Galleries where Primary Product is Produced on Site, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:
   1. The applicant shall demonstrate that noise, odors, traffic, light pollution, and refuse produced by the use shall be reasonably mitigated.
   2. Storage of products may not block front windows nor spill outdoors onto the property, except that an outdoor area not to exceed 20 square feet may be used to display products, provided the display area does not interfere with or block pedestrian walkways or required parking.

Residential facilities for persons with a disability are subject to the following standards:

1. Licensing. The licensing requirements for "residential treatment programs" and "residential support programs" are defined and administered by the Utah State Department of Health and Services pursuant to Utah Code 10-9a-520.
2. Exceptions to Permitting Requirements. Four (4) or fewer unrelated individuals who share housekeeping responsibilities in a single dwelling do not require a land use permit but function as a "family," as defined in Section 19.04.020 of this Title.
3. Reasonable Accommodation. The Director or Designee shall consider requests for a permitted use/reasonable accommodation for a “residential facility for persons with a disability”. Residential Facilities may be permitted in any zone where single-family residential uses are permitted, provided that:
   1. The residential facility meets or will meet all program, physical facility, and licensure requirements of the State Department of Human Services or Health Department;
   2. The residential facility meets all applicable municipal standards, licensing and zoning requirements;
   3. The residential facility may not house persons who are involuntarily residing therein or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility;
   4. The applicant provides sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information relating to the history, management, financial feasibility, and therapeutic benefits of the residential facility, and applicable law; and
   5. The Director or Designee may not deny the application based upon reasonably anticipated detrimental effects to the community so long as reasonable conditions are proposed to mitigate such anticipated detrimental effects.
4. Termination. A residential facility use permitted by this Title is nontransferable and shall be subject to revocation by the Director if:
   1. The facility is devoted to a use other than a residential facility for persons with a disability;
   2. The residential facility exceeds the maximum number of residents specified and approved in the original application, changes the disability classification under State Code, or remodels or expands without first receiving the applicable permits; or
   3. The residential facility is not licensed by the State Department of Health or Department of Human Services.
5. Day Treatment. To avoid excessive traffic, overburdened on street parking, and related impacts altering the residential character of a neighborhood, no day treatment for non-residents shall be permitted in residential facilities for persons with a disability in the Forestry Zones.

1. Purpose: The purpose of this Section is to establish reasonable and uniform regulations for sexually oriented businesses, their location, and signage, and to mitigate adverse impacts to the community consistent with state and federal law.
2. Business Permitted—Restrictions: Other than outcall services and nude and seminude dancing agencies, sexually oriented businesses shall be permitted only in areas zoned C-V, subject to the following additional restrictions:
   1. Sexually oriented businesses shall be subject to conditional use requirements.
   2. No sexually oriented business may be located:
      1. Within one-thousand feet (1,000’) from any school, public park, religious institution, or other sexually oriented business;
      2. Within three-hundred feet (300’) from an agricultural or residential boundary;
      3. Distance requirements for this Section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the school, public park, religious institution, agricultural or residential zoning district, or other sexually oriented business, and to the nearest property line of the sexually oriented business.
   3. Outcall services and nude and seminude dancing agencies shall be permitted only in zones where offices are allowed. Customers are not allowed to visit such an office.
3. Sign Restrictions. Notwithstanding anything to the contrary contained in Chapter 19.52 of this Title, signs for sexually oriented businesses shall be limited as follows:
   1. No more than one exterior sign shall be allowed.
   2. No sign shall be allowed to exceed eighteen square feet (18 sq.ft.).
   3. Signs shall contain alphanumeric copy only.
   4. No animation shall be permitted on or around any sign, or on the exterior walls or roof of such premises.
   5. No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sign.
   6. Only flat signs shall be permitted.
   7. Painted wall advertising is prohibited.
   8. Other than the signs specifically allowed by this section, sexually oriented businesses may not construct any temporary sign, banner, light or other device designed to draw attention to the business location.
4. Severability. If any provision of this section, or the application thereof to any person or circumstances, is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity may not affect other provisions hereof which can be implemented without the invalid provision. To this end the provisions of this section are declared to be severable.

A. Short-term rentals are subject to the following requirements:

1. The on-site parking and the access to the site are available for use and maintained, including snow removal, throughout the entire year, and

2. The dwelling unit is served by an approved drinking water supply and public sewer system that are capable of supporting the use throughout the entire year and are approved by the health department prior to issuance of a license.

3. A letter is provided from:

a. the Big Cottonwood Canyon Improvement District which serves as the sewer district for the property confirming that the property is connected to the sewer year-round; and,

b. the water provider that serves as the public water system company serving the property approving the use, including an approved floor plan as an attachment and confirming that there is water available year- round; and,

c. Salt Lake City Public Utilities confirming the use is allowed pursuant to its water supply contract and ordinances; and,

d. Salt Lake County Health Department confirming approval.

4. The owner shall obtain and maintain a valid short term rental license as required by Chapter 5.19.

1. Conditional Use Permits. The development services director may review and approve conditional use permits for ski resort facilities and improvements which satisfy the criteria set forth in Subparts (G)(1) through (G)(5) of Section 19.42.300 of this chapter. In granting such approval the Director may waive and/or modify the regulations of Chapters 19.38 of this title in accordance with the procedures and criteria set forth in this Title. Ski resort facilities and improvements which do not satisfy the criteria of Section 19.42.300, subparts (G)(1) through (G)(5) of this Chapter, as well as those which are referred to the Planning Commission by the Director in accordance with Section 19.16.040 provisions of this Title, shall be subject to review and approval by the Planning Commission. In its consideration of ski resort and public use development proposals, the Planning Commission may waive and/or modify the regulations of Chapters 19.38 of this title in accordance with the procedures and criteria set forth in this Title.
2. Authority to Grant Waivers. The topographic conditions, soil characteristics, hydrologic patterns, climatic constraints, susceptibility to natural hazards, vegetation, wildlife habitat concerns, and aesthetic considerations of foothill and canyon areas often create circumstances in which strict compliance with adopted standards is not only difficult but sometimes impossible to achieve. As these challenges are frequently created by the very nature and operational characteristics of mountain resorts and many public uses, and are therefore most often self-imposed, other avenues of administrative relief are sometimes necessary and appropriate. Accordingly, the land use authority may waive or modify the development standards for these uses.
3. Waiver Request Procedures. A petition or request for a waiver or modification of a Foothills and Canyons Overlay Zone development standard may be submitted in writing by the owner or authorized agent of the subject property. The petition or request shall be made concurrent with the related land use permit application—for example, conditional use application.
   1. The petition or written request shall clearly explain:
      1. Those aspects or elements of the development proposal that are strictly prohibited.
      2. All FCOZ regulations requested to be waived or modified in order for the development to reasonably proceed.
      3. The basis, justification or grounds for granting the waiver or modification.
      4. Why other common designs or improvements that may be less impactful on the environment and adjacent properties are not being considered.
   2. Each proposed waiver or modification is to be referred for decision to the relevant land use authority under the ordinance. The waiver or modification petition is to be accompanied by a written staff report with recommendations.
   3. When a public hearing is required, the notice shall be given fourteen days in advance of the hearing and shall specify the waivers or modifications requested, the relevant ordinance provisions from which the waivers or modifications are sought, and the general nature of the development that is proposed if the requested waivers or modifications are granted.
4. Approval Standards. In deciding whether to grant waivers or modifications to the development standards of the Foothills and Canyons Overlay Zone, the land use authority shall consider the following standards as deemed applicable by the land use authority:
   1. The proposed waiver and improvements contribute to the overall use, operation, and maintenance of the property, and whether reasonable alternative means exist to reduce or mitigate adverse impacts.
   2. Strict compliance with these regulations may result in substantial economic hardship or practical difficulties for the owner of the property.
   3. Strict compliance with these regulations may result in substantial economic hardship or practical difficulties for the owner of the property.
   4. The waivers or modifications may result in a development proposal that better preserves area views, reduces adverse impacts on existing trees and vegetation, reduces the overall degree of disturbance to steep slopes, protects wildlife habitat, or reflects a greater degree of sensitivity to stream corridors, wetlands, rock outcrops, and other sensitive environmental features in the vicinity of the proposed improvements.
   5. The granting of the waiver or modification may have neutral or beneficial impact to the public health, safety, or welfare, or to properties or improvements in the vicinity.
   6. The proposed development, as modified by the request, is consistent with the goals, objectives, and policies of Brighton’s General Plan.
   7. Creative architectural or environmental solutions may be applied to alternatively achieve the purposes of this chapter.
   8. The development in all other respects conforms to the site design, development, and environmental standards set forth in the Foothills and Canyons Overlay Zone and in all other applicable ordinances and codes.
   9. The waivers or modifications requested do not violate other applicable federal, state, and local laws.
5. Waivers. Slope waivers are not required for facilities or uses with slopes of thirty percent or less. Slope waivers are required for eligible development activities associated with such land uses according to Table 19.38.2.
6. Action on Waiver Requests.
   1. The waiver or modification request may be approved as proposed, denied, or approved with conditions.
   2. The decision on the request shall include the reasons for approval or denial.
   3. In granting a waiver from or modification of development standards, conditions may be imposed to mitigate the impacts of the proposed development on adjacent properties and the area. These may include, for example, measures to:
      1. protect scenic vistas, especially views from public rights-of-way and public lands,
      2. protect natural settings in the vicinity of site improvements, and
      3. enhance the relationship to and compatibility with other structures and open spaces in the vicinity of the proposed improvements.
   4. All development shall comply with approved plans. Any proposed revisions or changes to plans requires a resubmittal and request for final action.
      
      TABLE 19.38.2. PERMISSIBLE SLOPE RANGES FOR ELIGIBLE ACTIVITIES
      
      

      Slope Range	Eligible Development Activities
      Thirty percent (30%) or less	• No slope waiver required
      Greater than thirty percent (30%) up to forty percent (40%)	• All development activities associated with allowed uses
      Greater than forty percent (40%) up to fifty percent (50%)	• Pedestrian trails • Non-motorized vehicle trails • Motorized vehicle roads and trails for emergency or maintenance purposes • Ski runs, ski lifts and supporting appurtenances and other mountain resort accessory activities
      Greater than fifty percent (50%)	• Pedestrian trails • Non-motorized vehicle trails • Ski runs, ski lifts and supporting appurtenances and other mountain resort accessory activities

7. Minor Ski Resorts. Minor ski resort improvements are permitted, provided:
   1. That the privately-owned land areas on which such improvements are permitted constitute less than ten percent of the total land area utilized for the ski resort that the improvements support, and
   2. That at least ninety percent of the land area on which the improvements are developed, operated, and maintained is on public lands, and
   3. That the public agency responsible for the management and administration of such lands has approved a special use permit or similar regulatory authorization, and has assumed long-term administrative and enforcement responsibilities for such approvals, and
   4. That opportunities for public notice, review, and comment on the proposed improvements have been provided through a finalized National Environmental Policy Act (NEPA) or other comprehensive public review and comment process, and
   5. That such improvements are either:
      1. Essential to public safety, or
      2. Required in association with the reasonable repair or maintenance of existing legally established facilities and improvements, or
      3. Essential to the continuation or extension of improvements expressly approved under the terms of a governmental land lease or use permit or by final action of the federal or state governmental agency with jurisdiction over the lands on which the improvements are located.
8. Exception to Minor Ski Resort Improvements. Minor ski resort improvements are permitted with the following exceptions, subject to approval of the site plan application for FCOZ:
   1. Development on slopes greater than thirty percent (30%).
   2. Development on designated ridge lines or ridgeline protection area.
   3. No Limitations on terracing.
   4. Permissions for streets, roads, private access roads, and other vehicular routes to cross slopes over fifty percent (50%), including limitations on driveway length.
   5. Removal of trees and vegetation, therefore no requirements for tree replacement.

1. Purpose. The purpose of this Section is to establish general requirements for the siting of wireless telecommunications facilities and to:
   1. Encourage the location of facilities in nonresidential areas;
   2. Minimize the total number of monopole facilities throughout the community;
   3. Encourage the joint use of new and existing communication sites;
   4. Encourage location of facilities where adverse impact on the community is minimal;
   5. Encourage innovative design of facilities to minimize adverse visual impact; and
   6. Enhance the ability of the providers of telecommunication services to do so quickly, effectively, and efficiently.
2. Applicability.
   1. The requirements of this Section apply to both commercial and private wireless telecommunications services, such as “cellular” or “PCS” (personal communications services) communications and paging systems.
   2. All facilities shall comply with the regulations in this Section, all other ordinances of the Town of Brighton, and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.
3. Site Location Plan Required.
   1. A site location plan shall be submitted by each company desiring placement of wireless telecommunication facilities.
   2. The plan shall be submitted to Planning and Development Services prior to processing any permits for permitted or conditional use locations.
   3. The plan shall include an inventory of existing and anticipated sites for the Town of Brighton and within one-half mile of the municipal boundary.
   4. For each site, the plan shall indicate:
      1. Area coverage, if known;
      2. Antenna location;
      3. Antenna height above existing grade; and
      4. Antenna type.
   5. The plan shall be updated upon request from the Director or Designee.
   6. Every plan shall be considered proprietary information and not be part of the public record.
4. Allowable Uses. The wireless communications facilities specified in Table 19.42-1 are allowed, provided that they comply with all requirements of this Ordinance.
   
   

   TABLE 19.42-1: SPECIFIC USE STANDARDS ALLOWABLE WIRELESS COMMUNICATIONS FACILITIES
   P- Permitted Use C- Conditional Use X- Not allowed
   Zones	Wall Mount	Roof Mount	Monopole	Lattice Tower
   All CV, FM, and FR Zones	P(1), C(2)	P(1), C(2)	C	X

   TABLE 19.40-1: FOOTNOTES
   
   (1) Permitted use only on nonresidential buildings.
   (2) Conditional use on residential buildings.
5. Facility Types and Standards. There are four general types of antenna structures. The standards for the installation of each type of antenna structure are as follows:
   1. Wall Mounted Antenna.
      1. Wall mounted antennas may not extend above the wall line of the building or structure or extend more than four feet (4’) horizontally from the face of the building or structure (see Figure 19.40-1).
      2. Antennas, equipment, and the supporting structure shall be painted to match the color of the building, structure, or background against which they are most commonly seen.
      3. Antennas and the supporting structures on buildings should be architecturally compatible with the building.
      4. Antennas shall be considered wall mounted if they are mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures.
      5. Stealth wall mounted antennas are encouraged, and variations from the provisions of this Section may be allowed, as determined by the Director for permitted uses and the Planning Commission for conditional uses.
   2. Roof Mounted Antenna.
      1. Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms. Antennas and antenna mounting structures may not extend more than eight feet (8’) above the existing roofline of the penthouse or mechanical equipment room.
      2. For antennas not mounted on a penthouse or mechanical equipment room but on a flat roof:
         1. Setback. The antennas shall be mounted at least five feet (5’) from the exterior wall or parapet wall of the building or structure.
         2. Height. For antennas mounted between five feet (5’) and fourteen feet (14’) from the exterior wall or parapet wall, the maximum height of the antenna is equal to the distance the antenna is set back from the exterior wall or parapet wall. For antennas setback more than fourteen feet (14’), the maximum height shall be fourteen feet (14’). Antennas extending more than nineteen feet (19’) above the roofline require conditional use approval (see Figure 19.40-2).
         3. Roof-mounted antennas extending above the roofline of any penthouse or mechanical equipment room require conditional use approval.
      3. Roof mounted antennas on a pitched roof are allowed, provided the antennas and antenna support structures do not extend higher than the peak of the roof, measured by a horizontal line from the peak extending over the roof (see Figure 19.40-3).
      4. Roof mounted antennas shall be constructed and colored to match the surroundings in which they are located.
      5. Stealth roof mounted antennas are encouraged and variations from the provisions of this Section may be allowed, as determined by the Director for permitted uses and the Planning Commission for conditional uses. Stealth roof mounted antennas need not be located with public or quasi-public uses in all Forestry zones.
   3. Monopole.
      1. The height limit for monopoles is sixty feet (60’), except the Planning Commission may allow a monopole up to eighty feet (80’) in the CV zones if it finds:
         1. The monopole will blend in with surrounding structures, poles, or trees and is compatible with surrounding uses,
         2. The monopole will be available for co-location with other companies, and
         3. The monopole will be setback at least three-hundred feet (300’) from any residential zone boundary.
         4. The height shall be measured from the top of the structure including antennas, to the original grade directly adjacent to the monopole.
      2. No monopoles shall be allowed in the front yard setback of any lot.
      3. Monopoles shall be setback from any residential structure a distance equal to the monopole’s height.
      4. Stealth monopole facilities are encouraged and variations from the provisions of this Section may be allowed, as determined by the Director for permitted uses and the Planning Commission for conditional uses. Stealth monopoles need not be located with public or quasi-public uses in all Forestry zones.
   4. Lattice Tower. Lattice towers are not permitted.
6. Color. The color of monopoles, antennas, and any associated buildings or equipment shall blend with the surroundings in which they are located.
7. Additional Requirements.
   1. The following shall be considered by the Planning Commission for conditional uses:
      1. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures.
      2. The possibility of locating the antenna on other existing structures in the same vicinity, such as other monopoles, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., without significantly impacting antenna transmission or reception.
      3. Location of the antenna in relation to existing vegetation, topography (including ridge lines), and buildings to obtain the best visual screening.
      4. Spacing between monopoles that creates detrimental impacts to adjoining properties.
      5. Any grading for telecommunication facilities, including access roads and trenching for utilities, shall comply with the Uniform Building Code. Telecommunication facilities shall comply with the requirements for grading (Section 19.38.070), natural vegetation (Section 19.38.120) and utilities (Section 19.42.340). Everything possible should be done to minimize disturbance to the natural environment.
      6. A computer-generated visual simulation of the proposed structures is required for all sites. The simulation shall show all structures including but not limited to monopoles, antennas, and equipment buildings.
      7. Everything possible should be done to minimize disturbance of the visual environment. Site placement and color should be carefully considered to blend in with the surroundings.
      8. Continuous outside lighting is prohibited unless required by the FAA for the monopole.
8. Accessory Structures. Accessory structures to antenna structures shall comply with the required setback, height, and landscaping requirements of the zone in which they are located. All utility lines on the lot leading to the accessory structure and antenna structure shall be underground.
9. Non-maintained or Abandoned Facilities.
   1. The Town of Brighton shall provide notice to an owner or agent of a non-maintained or abandoned telecommunications facility that the facility must be repaired or put into use within ninety (90) calendar days.
   2. If the owner or agent fails to repair the facility or put the facility into use within ninety (90) days of notice, the Town of Brighton may require the facility to be removed from the building or premises.
10. Building Permit Required.
    1. A building permit from Planning and Development Services is required for all wireless telecommunication facilities, including, but not limited to, monopoles and roof and wall mounted antennas.
11. Illustrations. The illustrations, Figures 19.40-1, 19.40-2, and 19.40-3, are intended to demonstrate graphically the intent of this Chapter.
    
    
    (Figure 19.40-1)
    
    (Figure 19.40-2)
    
    (Figure 19.40-3)