Brighton City Zoning Code

The zoning map officially titled “Brighton Zoning Map,” is hereby adopted as part of this bylaw. The Town of Brighton Zoning Map shows a division of the town into the following districts:

“V” Village
“NR” Neighborhood Residential
“L” Lake
“RR” Rural Residential

“I” Industrial

“RL” Rural Lands
“CL” Conservation Lands
“SO” Shoreland Overlay

Regardless of the existence of other printed copies of the zoning map, the official zoning map shall be located in the Brighton Town Clerk’s office. The official zoning map shall be the final authority as to the current zoning status of all properties within the Town of Brighton.

1. Any district that is shown on the zoning map to follow a public road shall have a depth of 500 feet, as measured from the center lines of such road.
2. If a lot in such a district, as described above in (1), has road frontage and extends beyond 500 feet in depth, the entire lot will be considered being in the district that has the road frontage, except that any subdivision of such a lot shall adhere to the district boundaries, as shown on the zoning map, and be subject to all dimensional and use restrictions in each zoning district.
3. Where the zoning district boundary divides a lot of record on the zoning map, other than a lot that has public road frontage, as described in (1) and (2), at the time such district boundary is adopted, the district that contains more than 50% of the square footage of the lot shall determine the district and its respective uses, except that any subdivision of such a lot shall adhere to the district boundaries, as shown on the zoning map, and be subject to all dimensional and use restrictions in each zoning district.
4. When the Zoning Administrator cannot definitely determine the location of a district boundary by the scale or dimensions shown on the zoning map, he or she shall refuse action, and the Development Review Board shall interpret the location of the district boundary with reference to the scale of the zoning map and the purposes set forth in all relevant portions of this bylaw.

Uses not listed in this zoning bylaw are not permitted in the Town of Brighton, unless the uses in question are legally exempt from zoning regulation.

1. This zoning bylaw shall not regulate public utility power generating plants and transmission facilities, which are regulated under 30 V.S.A. §248.
2. In accordance with 24 V.S.A. §4413(d) this zoning bylaw shall not regulate accepted silvicultural practices and accepted agricultural practices, as defined by the Secretary of Agriculture, Food, and Markets, including the construction of farm structures, except that the farm residence must meet the setback requirements of the zoning bylaw. In addition, any person who intends to build a farm structure other than a farm residence shall notify the Brighton Town Clerk of such intent and abide by setbacks approved by the Secretary of Agriculture, Food and Markets.

The following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use:

8. State- or community-owned and operated institutions and facilities.
9. Public and private schools and other educational institutions certified by the state department of education.
10. Churches and other places of worship, convents, and parish houses.
11. Public and private hospitals.
12. Regional solid waste management facilities certified under 10 V.S.A. Chapter 159.
13. Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a

State and federal government may regulate certain aspects of land use; compliance with this zoning bylaw in no way implies compliance with such state or federal regulations. Such regulations include, but are not limited to: on-lot sewage systems and outdoor furnaces, regulated by the Agency of Natural Resources; underground storage tanks, regulated by the Department of Environmental Conservation; and setback of farm structures, regulated by the Secretary of Agriculture, Food and Markets.

1. No building shall hereafter be erected or altered:

             A. To accommodate or house a greater number of families than permitted in the district in which the building is located; or

             B. To have narrower or smaller front, side, or rear setbacks than as specified herein for the district in which the building is located.

13. Space required under this bylaw to satisfy setback, area, or other open space requirements in relation to one building shall not be used to satisfy the same requirements for any other structure.

14.All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any minimum front, side or rear yard. This shall not apply to landings less than 25 square feet, steps, or wheelchair ramps; or eaves or overhangs that do not extend more than two feet from the structure.

[See Article 5: Administration and Enforcement for a complete explanation of the permitting process.]

1. Permitted uses are uses that require, at a minimum, Administrative Review by the Zoning Administrator. All permitted uses other than single- and two-unit dwellings shall also be subjected to Site Plan Review by the Development Review Board after public notice and hearing.
2. Conditionally approved uses are uses that require, following Administrative Review by the Zoning Administrator, referral to the Development Review Board for Conditional Use Review after public notice and hearing.

The following tables state the objectives and regulations of each district. These tables establish permitted and conditional uses, as well as lot area and dimensional requirements for each district.

This is a mixed use district in a traditional downtown environment that is served by municipal water and sewer services. The area is characterized by pedestrian traffic and commercial and civic uses, as well as apartments.

Business/Professional office

Commercial service

Community center

Dwelling, Accessory

Dwelling, Multiunit

Dwelling, Single Unit

Dwelling, Two-unit

Emergency service

Health Club/Spa

Library

Municipal office

Museum

Post office

Restaurant

Retail store

Visitor facility

Car Wash

Church

Communication facility

Daycare Center, Adult

Daycare Center, Child

Funeral home

Gas station

Hotel/motel

Laundromat

Lumber transfer yard

Medical clinic

Motor vehicle sales

Nursing home

Public agency office

Public facility

Recreation, indoor

Recreation, outdoor

School

Transportation/shipping facility

Veterinary clinic

Minimum size and dimensions:

Minimum Lot Size: 9,000 sq. ft.

Minimum Lot Width: 80 ft.

Minimum Setbacks:

Front 15 ft.

Side: 10 ft.

Rear 15 ft.

This residential zone surrounds the Village District and is served by municipal water and/or sewer services. Its predominant use is single unit dwellings.

Dwelling, accessory

Dwelling, single unit

Dwelling, two unit

Commercial service

Communications facility

Daycare Center, Adult

Daycare Center, Child

Dwelling, multiunit

Emergency service

Funeral home

Medical clinic

Mobile home park

Planned residential development

Public agency office

Recreation, indoor

Recreation, outdoor

Restaurant

School

Veterinary clinic

Class 1¹ Minimum size and dimensions:

Minimum Lot Size: 15,000 sq. ft.

Minimum Lot Width: 100 ft.

Minimum Setbacks:

Front 25 ft.

Side: 15 ft.

Rear 35 ft.

Class 2 Minimum size and dimensions:

Minimum Lot Size: 40,000 sq. ft.

Minimum Lot Width: 120 ft.

Minimum Setbacks:

Front 25 ft.

Side: 25 ft.

Rear 50 ft.

This district is a quiet residential zone that is served by on-site water and/or sewer. The primary objective of this district is to maintain water quality and scenic values.

Recreation and education camp

Recreation, outdoor

Minimum size and dimensions:

Minimum Lot Size: 20,000 sq. ft.

Minimum Lot Width: 120 ft.

Minimum Setbacks:

Front 30 ft.

Side: 30 ft.

Rear 30ft.

This district is a low-density residential area within close proximity of public roads and electrical service, which is served by on-site water and sewer. Other typical uses in the area include farming, forestry, and municipal service facilities.

Church

Dwelling, accessory

Dwelling, single unit

Dwelling, two unit

Recreation shelter

Recreation, outdoor

Cemetery

Commercial service

Commercial storage facility

Communications facility

Dwelling, multiunit

Funeral home

Hangar

Heavy equipment yard *

Kennel

Light industry *

Motor vehicle sales †

Planned residential development

Public service facility

Recreation, indoor

School

Solid waste facility *

Transportation/shipping facility*

Veterinary clinic

* Allowed on state highway only

† Must comply with Section 309(2)

Minimum size and dimensions:

Minimum Lot Size: 2 acres

Minimum Lot Width: 200 ft.

Minimum Setbacks:

Front 50 ft.

Side: 50 ft.

This zone is characterized by manufacturing, warehousing, offices and freight services.

Freight or Trucking terminal

Communications facility

Accessory use or structure

Commercial storage facility

Heavy equipment yard

Transportation/shipping facility

Gas station

Dwellings: Single, Two-unit,

Multi-unit, Accessory

Extraction of earth resources

Hangar

Public facility

Solid waste facility

Commercial Service

Motor Vehicle Sales †

† Must comply with Section 309(2)

Minimum size and dimensions:

*See Section 211 for information on Lot Class

.

This district is characterized by forestry and agriculture, as well as camps and scattered homes, which rely on on-site water and wastewater disposal. There are limited roads and electrical infrastructure in this district, and the soils tend to have limited capacity to support on-site wastewater disposal. Many areas of this district have great scenic values that would be lost, if the land were overdeveloped.

Recreation shelter

Kennel

Planned residential development

Public facility

Recreation and education camp

Recreation, outdoor

Communications Facility

Minimum size and dimensions:

Minimum Lot Size: 5 acres

Minimum Lot Width: 300 ft.

Minimum Setbacks:

Front 50 ft.

Side: 50 ft.

Rear 100 ft.

The objective of this district is to conserve natural resources. The district, which is to a large extent in its natural state, is comprised of sensitive water recharge areas and other public lands.

Public facility

Recreation and education camp

Recreation shelter

Minimum size and dimensions:

Minimum Lot Size: 20 acres

Minimum Lot Width: 500 ft.

Minimum Setbacks:

Front 100 ft.

Side: 100 ft.

Rear 100 ft.

The Shoreland Overlay District is designed to protect all surface water quality and applies to all natural lakes and ponds in the Town of Brighton. A 30-foot vegetative buffer, consisting of grass, shrubs and/or trees, shall be maintained adjacent to the shoreline, except that a path of not more than 8 feet wide and stairs not exceeding 4 feet wide may be cut through it to provide access to the water, provided that the path or stairs are as perpendicular to the water as possible. There shall be no application of fertilizer, pesticides, or nutrients in the buffer zone.

In Table §210(2), the Classes shall refer to the type of water and sewer services available on a given property. These classes determine the minimum lot size, lot width, and setback requirements.

1. Class 1 refers to availability of both municipal water supply and sewage disposal.
2. Class 2 refers to availability of either municipal water supply or sewage disposal, but not both.
3. Class 3 refers to a lack of availability of both municipal water and municipal sewer.