Brighton City Zoning Code

1. Single unit dwellings shall be limited to one per lot.
2. A lot with a single-unit dwelling shall contain no other uses than accessory uses.

1. This bylaw shall not have the effect of excluding low- and moderate-income housing from the municipality.

15. Pursuant to 24 V.S.A. §4412(1)(B), mobile homes, modular homes, and prefabricated homes shall be considered single-unit dwellings, except when unoccupied and displayed in a mobile home sales establishment or allowed as a temporary structure under this bylaw.
16. An accessory dwelling unit that is located within or appurtenant to an owner occupied single-unit dwelling shall be a permitted use. An accessory dwelling unit shall be defined as an efficiency or one-bedroom apartment, located within or appurtenant to an owner-occupied single-unit dwelling that is clearly subordinate to a single-unit dwelling and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation, provided there is compliance with all of the following:
    1. The property has sufficient wastewater capacity.
    2. The unit does not exceed either 30% of the total habitable floor area of the single-unit dwelling, or 600 sq. ft, whichever is larger.
    3. Applicable setback, coverage, and parking requirements specified in the bylaws are met.
17. Notwithstanding the provisions above, the creation of an accessory dwelling unit will require conditional use approval when one or more of the following is involved:
    1. A new accessory structure, constructed after the enactment of these bylaws,
    2. An increase in the height or floor area of the existing dwelling, or
    3. An increase in the dimensions of the parking area.
18. Mobile home parks are a conditional use in the Neighborhood Residential (NR) district. Mobile home parks with more than five (5) units must be served by municipal sewer.
19. 1. Mobile home parks shall have no more than two access points onto public roads.
    2. Internal roads serving the mobile home park must have a right-of-way at least 50 ft. in width, have a crushed gravel surface at least 24 ft. in width, and be appropriately marked and illuminated for emergency vehicular access.
    3. Individual lots within the mobile home park must be at least 60 ft. in width and 120 ft. in depth. Either dimension may have frontage on the internal road.
    4. Mobile homes shall be placed on each lot to have minimum setbacks of 12 ft. on all sides. Individual lots that abut a public road must meet the front setback requirements of that district.

1. The property has sufficient wastewater capacity.
2. The unit does not exceed either 30% of the total habitable floor area of the single-unit dwelling, or 600 sq. ft, whichever is larger.
3. Applicable setback, coverage, and parking requirements specified in the bylaws are met.

1. A new accessory structure, constructed after the enactment of these bylaws,
2. An increase in the height or floor area of the existing dwelling, or
3. An increase in the dimensions of the parking area.

1. Mobile home parks shall have no more than two access points onto public roads.
2. Internal roads serving the mobile home park must have a right-of-way at least 50 ft. in width, have a crushed gravel surface at least 24 ft. in width, and be appropriately marked and illuminated for emergency vehicular access.
3. Individual lots within the mobile home park must be at least 60 ft. in width and 120 ft. in depth. Either dimension may have frontage on the internal road.
4. Mobile homes shall be placed on each lot to have minimum setbacks of 12 ft. on all sides. Individual lots that abut a public road must meet the front setback requirements of that district.

No land development may be permitted on lots that do not have adequate means of access, either frontage on a maintained public road or access by means of a permanent easement or right of way to such a public road. Access easements or rights-of-way shall not be less than 50 feet in width. Access to non-frontage lots shall be submitted to the Development Review Board for Site Plan Review.

Curb cuts adjoining or affecting town roads, state highways, or surrounding private properties may not be created without adequate drainage. Prior to the creation of any curb cut, the individual seeking to establish such curb cut shall obtain approval from the Town of Brighton Road Foreman or the appropriate district office of the Vermont Agency of Transportation, depending on jurisdiction. Approval may be conditioned upon installation of one or more culverts in specified size(s) and location(s).

Temporary permits for nonconforming uses incidental to construction projects may be issued by the Zoning Administrator for a period not exceeding one year, provided such permits are conditioned upon the owner removing the structure or use upon expiration of the permit. Such permits may be renewed upon application for an additional period not exceeding one year.

(1)  Burned, abandoned and dilapidated structures shall be removed, the property secured in such a way that it is not a public safety hazard, and the property cleared of all debris in a reasonable time upon notice of the zoning administrator.

(2)  The property on which a burned, abandoned or dilapidated structure rests shall be filled to normal grade level and graded smooth, within one year of notice by the zoning administrator.

Except for communications facilities and agricultural structures, new structures in all districts shall not exceed a height of 40 feet above the average grade level of the footprint of the structure.

Off-street parking shall be provided as follows: 2 spaces per single dwelling unit; 1 space per accessory dwelling unit; and 1.5 spaces per unit of a multi-unit dwelling. Off-street parking for all other permitted uses must be approved under Site Plan Review; and off-street parking for all other conditionally permitted uses under Conditional Use Review.

In all districts where permitted, auto repair stations shall comply with the following:

1. An auto repairstation lot shall not be located within three hundred feet of any lot occupied by a school, hospital, library, or religious institution.
2. All automobile parts and dismantled or wrecked vehicles are to be stored within a building, or effectively screened from public view by a fence or vegetation at least eight feet in height, so that they cannot be seen from the roadway or adjoining property. No major repair work is to be performed outside a building. Any fence shall be of sound construction and of solid vertical board or ‘stockade’ type construction, and shall be maintained neatly and in good repair. Such a fence shall not be used for advertising signs or other displays which are visible from the traveled way of a highway. Any vegetation used for screening shall be of sufficient density so that it effectively screens the area from view. Failure to provide screening as required herein shall be considered a violation of the zoning permit and this Bylaw.
3. There shall be no more than two access driveways from any road. The maximum width of each access driveway shall be forty feet.
4. A curbed, landscaped area shall be maintained at least five feet in depth along all road frontage not used as driveway.

Private swimming pools installed below ground level shall be enclosed by a lockable fence not less than 5 feet in height with no opening greater than 4 by 4 inches.

1. The commercial extraction or removal of topsoil, sand, gravel, rock, minerals, or other similar earth resource is allowed in the Industrial, and Rural Lands districts and is subject to conditional use review under §507 of this bylaw. In addition to the conditional use standards set forth in §507, for commercial extraction operations that are likely to impact surrounding properties due to the scale, intensity, and timing of the extraction, the presence of fragile natural features (e.g. steep slopes, riparian land), and/or the relative density of nearby land uses, the Development Review Board may also require erosion control and site reclamation plans showing:

H. existing grades, drainage patterns, and depths to bedrock and the seasonal high water table;
I. the extent and magnitude of the proposed operation, including proposed phasing;
J. finished grades at the conclusion of the operation; and
K. a detailed plan for the restoration of the site, including final grading and revegetation.

1. In granting approval, the Development Review Board may impose conditions with regard to any of the following:
   1. depth of excavation or quarrying;
   2. slopes created by removal;
   3. effects on surface drainage, both on- and off-site;
   4. storage of equipment and stockpiling of materials on-site;
   5. hours of operation for blasting, trucking, and processing operations;
   6. effect on adjacent properties due to noise, dust, or vibration;
   7. effect on traffic and road conditions, including potential physical damage to public roads;
   8. creation of safety hazards;
   9. temporary and permanent erosion control, including project phasing to limit exposed area;
   10. effect on ground and surface water quality, and drinking water supplies;
   11. effect on natural, cultural, historic, or scenic resources, either on-site or in the vicinity of the project;
   12. effect on agricultural land; and
   13. public health, safety, and general welfare.
2. In approving an application, the Development Review Board shall ensure reclamation of the land upon completion of the excavation, to include any regrading, reseeding, reforestation, or other reclamation activities that may be required as deemed reasonable. This provision specifically does not apply to mining or quarrying operations; however upon failure of the permit holder, or their successors, to complete site reclamation as required, the town may take legal action as appropriate to ensure site reclamation and cost recovery.
3. This section shall not apply to normal agricultural and/or forestry operations, public (municipal and state) road maintenance and construction, the operation of a cemetery, or the removal of earth resources for a use that is incidental to another duly permitted construction activity located on the same parcel from which the materials were extracted.

1. depth of excavation or quarrying;
2. slopes created by removal;
3. effects on surface drainage, both on- and off-site;
4. storage of equipment and stockpiling of materials on-site;
5. hours of operation for blasting, trucking, and processing operations;
6. effect on adjacent properties due to noise, dust, or vibration;
7. effect on traffic and road conditions, including potential physical damage to public roads;
8. creation of safety hazards;
9. temporary and permanent erosion control, including project phasing to limit exposed area;
10. effect on ground and surface water quality, and drinking water supplies;
11. effect on natural, cultural, historic, or scenic resources, either on-site or in the vicinity of the project;
12. effect on agricultural land; and
13. public health, safety, and general welfare.

The raising or harboring of all animals not related to accepted agricultural practices or veterinary clinics shall be prohibited in all districts except for the Rural Residential, Rural Lands, and Industrial districts. Common household pets are exempted from these provisions, provided that there are not more than four cats or dogs over six months old per household, or in the case of other pets, that they are traditionally caged or otherwise contained indoors.

The purpose of this section is to limit the use of signs to those purposes which serve the public interest.

1. Signsin the Village and Industrial districtsthat are painted or mounted on a wall of a building shall not:

1. Extend above any part of the eaves or gables of the building upon which the sign has been placed.
3. Signs shall not be painted or mounted on the roof of a building.
4. Signs shall be designed and located in such a manner as to:
5. Not impair public safety.
6. Not restrict clear vision between a sidewalk and road.
7. Not be confused with any traffic sign or signal.
8. Not prevent free access to any door, window, or fire escape.
9. Signs may be illuminated by a steady light, provided that such lighting will not illuminate or reflect onto other properties or into traffic.
10. Flashing, oscillating, and revolving signs shall not be permitted unless necessary for public safety or welfare.
11. Free-standing signs shall not exceed 32 square feet in the village district.
13. Nonconforming signs shall be brought into compliance when they are replaced.[8] Home occupation and residential signs shall not exceed 3 square feet, and be limited to one per residence .

1. Extend above any part of the eaves or gables of the building upon which the sign has been placed.
3. Signs shall not be painted or mounted on the roof of a building.
4. Signs shall be designed and located in such a manner as to:
5. Not impair public safety.
6. Not restrict clear vision between a sidewalk and road.
7. Not be confused with any traffic sign or signal.
8. Not prevent free access to any door, window, or fire escape.
9. Signs may be illuminated by a steady light, provided that such lighting will not illuminate or reflect onto other properties or into traffic.
10. Flashing, oscillating, and revolving signs shall not be permitted unless necessary for public safety or welfare.
11. Free-standing signs shall not exceed 32 square feet in the village district.
13. Nonconforming signs shall be brought into compliance when they are replaced.[8] Home occupation and residential signs shall not exceed 3 square feet, and be limited to one per residence .

[9] Signs on the face of the building at an angle shall not be more than 20 square feet.

1. No provision of this bylaw shall infringe upon the right of any resident to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not have an undue adverse effect upon the residential area in which the dwelling is located. The home occupation shall be carried on by residents of the dwelling unit. Three additional employees who are not residents of the dwelling unit are permitted. Home occupations are:

14. Clearly incidental and secondary to the residential use.
15. Conducted wholly within the dwelling and occupy a minor portion of the dwelling.
16. To ensure that a home occupation will not have an undue adverse effect on the residential area in which the dwelling is located, the owner must demonstrate that it will comply with all of the following standards:
17. All business activities or transactions associated with the home occupation shall be carried on entirely within the dwelling unit; no outside storage shall be permitted.
18. Traffic generated by such home occupation shall not be greater than what would normally be expected in the neighborhood.
19. New parking required for the home occupation shall be provided off-street.
20. No objectionable noise, vibration, odor, smoke, dust, electrical disturbance, heat, light, or glare shall be produced by the home occupation.
22. Where it is determined by the Zoning Administrator that the proposal does not meet the definitions or standards of home occupations above, the applicant may apply for a permit under the broader use regulations (commercial, industrial, etc.) as determined by the district in which the parcel is located.

14. Clearly incidental and secondary to the residential use.
15. Conducted wholly within the dwelling and occupy a minor portion of the dwelling.
16. To ensure that a home occupation will not have an undue adverse effect on the residential area in which the dwelling is located, the owner must demonstrate that it will comply with all of the following standards:
17. All business activities or transactions associated with the home occupation shall be carried on entirely within the dwelling unit; no outside storage shall be permitted.
18. Traffic generated by such home occupation shall not be greater than what would normally be expected in the neighborhood.
19. New parking required for the home occupation shall be provided off-street.
20. No objectionable noise, vibration, odor, smoke, dust, electrical disturbance, heat, light, or glare shall be produced by the home occupation.
22. Where it is determined by the Zoning Administrator that the proposal does not meet the definitions or standards of home occupations above, the applicant may apply for a permit under the broader use regulations (commercial, industrial, etc.) as determined by the district in which the parcel is located.

A family child care home serving six or fewer children shall be considered to constitute a permitted use of a single-unit dwelling. A family child care home serving no more than six full-time children and four part-time children, as defined in 33 V.S.A. § 4902(3)(A), shall be considered to constitute a permitted use of a single-unit dwelling but requires site plan approval from the Development Review Board. A family child care facility serving more than six full-time and four part time children shall be treated as a conditional use.

1. A residential care home or group home, to be operated under state licensing or registration, serving not more than eight persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall be considered to constitute a permitted use of a single-unit dwelling, except that no such home shall be so considered if it locates within 1,000 feet of another existing or permitted such home.
2. A residential care home or group home, to be operated under state licensing or registration, serving nine or more who have a handicap or disability as defined in 9 V.S.A. §4501, shall be reviewed as a multi-unit dwelling and shall be subject to conditional use review.

1. The purpose of a planned residential development shall be to encourage development that will result in:

1. A choice in the types of environment and living units available to the public, and quality in residential land uses.
2. The conservation of open space and recreation areas.
3. The protection of natural resources.
4. The efficient use of roads and infrastructure.
5. With the approval of a development plan, the Development Review Board is empowered to vary certain zoning regulations under the criteria and procedures established in 24 V.S.A. §4417.

1. A choice in the types of environment and living units available to the public, and quality in residential land uses.
2. The conservation of open space and recreation areas.
3. The protection of natural resources.
4. The efficient use of roads and infrastructure.
5. With the approval of a development plan, the Development Review Board is empowered to vary certain zoning regulations under the criteria and procedures established in 24 V.S.A. §4417.

2. Proposals for planned residential developments will be reviewed by the Development Review Board under the Site Plan Review process as described in §504 of this bylaw, but in accordance with 24 V.S.A. §4464(a)(1), the warning period for the hearing shall not be less than 15 days. Proposals presented to the Development Review Board shall consist of a development plan showing all buildings; on-site water and sewer facilities, or municipal water and sewer connection; parking areas, and landscaping at a scale sufficient to allow the study of all elements of the plan. All utilities shall be shown and described. In addition, the development plan shall show all adjacent outstanding features within 200 ft. Typical elevations and floor plans of all buildings may also be required. Any grading shall be shown.

30. Land uses in a planned residential development may include single-, two- and multi-unit dwellings.
31. Lot size, width, and setbacks requirements may be waived; however, these will be evaluated by the Development Review Board on their individual merit.
32. A planned residential development shall comply with the following standards:
    1. The planned residential development shall be at least four contiguous acres.
    2. Municipal water and sewer may be required for more than six residential units.
    3. Planned residential developments of less than 10 acres shall have at least 50 percent of the development in open space reserved for common use. Planned residential developments larger than 10 acres shall have at least 25 percent of the development in open space reserved for common use.
    4. Internal roads serving the planned residential development must be at least 50 ft. in width, have a crushed gravel surface, and be appropriately marked and illuminated for emergency vehicular access.
    5. The Development Review Board may allow as many as 25 percent more dwelling units than could be permitted if the land was subdivided into lots in conformance with the regulations for the district in which such land is divided.
    6. The Development Review Board may prescribe, from time to time, rules and regulations to supplement the standards and conditions set forth in this zoning bylaw for planned unit development, provided the rules and regulations are not inconsistent with the zoning bylaw.

1. The planned residential development shall be at least four contiguous acres.
2. Municipal water and sewer may be required for more than six residential units.
3. Planned residential developments of less than 10 acres shall have at least 50 percent of the development in open space reserved for common use. Planned residential developments larger than 10 acres shall have at least 25 percent of the development in open space reserved for common use.
4. Internal roads serving the planned residential development must be at least 50 ft. in width, have a crushed gravel surface, and be appropriately marked and illuminated for emergency vehicular access.
5. The Development Review Board may allow as many as 25 percent more dwelling units than could be permitted if the land was subdivided into lots in conformance with the regulations for the district in which such land is divided.
6. The Development Review Board may prescribe, from time to time, rules and regulations to supplement the standards and conditions set forth in this zoning bylaw for planned unit development, provided the rules and regulations are not inconsistent with the zoning bylaw.

Owners or users of camping trailers, pick-up coaches and/or motor homes (hereinafter referred to as “travel trailers”), shall abide by the following regulations except when located in an approved campground:

1. The owner of a travel trailer may park it on his or her own property, in the rear or side yards, provided the trailer is not closer than six feet to any lot line.
2. Parked travel trailers shall not be occupied as living quarters, nor be hooked up to any utilities, for more than a total of 90 days in any calendar year, except as provided in (5).
3. Visitors may park their travel trailers on their hosts’ land, provided they are parked in conformance with subsections (1) and (2), and provided that there is no fee involved.
4. Not more than two travel trailers, including the land owner’s travel trailer, shall be concurrently parked on any lot, unless such lot is an approved trailer park.
5. Any travel trailer that is occupied or connected to utilities for more than a total of 90 days in any calendar year shall be considered a permanent structure, and the owner shall obtain a zoning permit for a recreation shelter in accordance with §504, as well as any applicable state permit.

1. Inoperable vehicles, household appliances, fishing shanties, and other household debris shall not be stored on any property unless shielded from view of any public highways.
2. No more than one unregistered yet operable vehicle shall be parked in any yard of any property for more than 30 days.

1. Outdoor furnaces may be installed and operated in the following districts:

7. Rural Residential (RR)
8. Rural Lands (RL)
9. Industrial (LI)
10. The installation and operation of outdoor furnaces is prohibited in all other districts.
11. In accordance with state air pollution control regulations, outdoor furnaces shall not be used to burn any materials other than untreated wood.
12. All outdoor furnaces shall be equipped with a catalytic converter that meets EPA standards as well as state standards.
13. All outdoor furnaces shall be located at least 200 feet from any abutting property lines.

7. Rural Residential (RR)
8. Rural Lands (RL)
9. Industrial (LI)
10. The installation and operation of outdoor furnaces is prohibited in all other districts.
11. In accordance with state air pollution control regulations, outdoor furnaces shall not be used to burn any materials other than untreated wood.
12. All outdoor furnaces shall be equipped with a catalytic converter that meets EPA standards as well as state standards.
13. All outdoor furnaces shall be located at least 200 feet from any abutting property lines.

1. Lots within the wellhead protection area with a higher elevation than the well site shall have no more than 5% coverage of impermeable surfaces, excluding the roof of the building.
2. Driveways and internal roads in areas within the wellhead protection area with a higher elevation than the well site shall have crushed gravel surfaces.

Hedges and privacy fences at intersections may not be higher than 40 inches for a distance of 20 feet from the corner of the fence.