Brighton City Zoning Code

1. Any lawful use of any structure or land existing at the time of the enactment of this bylaw, that does not conform with the provisions of this bylaw, may be continued, provided the following conditions are met:

14. The nonconforming use shall not be changed to another nonconforming use.
15. The nonconforming use may be continued, provided that such use shall not be enlarged or extended, except in accordance with (5).
16. No nonconforming use may be resumed if such use has been abandoned for a period of one year or more. A nonconforming use shall be considered abandoned when either of the following conditions exist:
17. when it is replaced by a conforming use.
18. when the use has been discontinued for one year, unless the structure devoted to the nonconforming use has been damaged.
19. A structure that is devoted to a nonconforming use shall not be restored for other than a conforming use after damage from any cause, unless the restoration of such structure is substantially commenced within one year.
20. Nothing in this section shall be construed to prohibit normal maintenance and repair of a structure devoted to a nonconforming use.
21. The Development Review Board may, after public notice and hearing, allow the expansion of any nonconforming use by up to 20 percent greater than its existing size, provided it does not adversely affect the character of the surrounding area.
22. Any use of any structure or land that does not conform to this bylaw because it was improperly permitted shall be treated as a nonconforming use.

14. The nonconforming use shall not be changed to another nonconforming use.
15. The nonconforming use may be continued, provided that such use shall not be enlarged or extended, except in accordance with (5).
16. No nonconforming use may be resumed if such use has been abandoned for a period of one year or more. A nonconforming use shall be considered abandoned when either of the following conditions exist:
17. when it is replaced by a conforming use.
18. when the use has been discontinued for one year, unless the structure devoted to the nonconforming use has been damaged.
19. A structure that is devoted to a nonconforming use shall not be restored for other than a conforming use after damage from any cause, unless the restoration of such structure is substantially commenced within one year.
20. Nothing in this section shall be construed to prohibit normal maintenance and repair of a structure devoted to a nonconforming use.
21. The Development Review Board may, after public notice and hearing, allow the expansion of any nonconforming use by up to 20 percent greater than its existing size, provided it does not adversely affect the character of the surrounding area.
22. Any use of any structure or land that does not conform to this bylaw because it was improperly permitted shall be treated as a nonconforming use.

1. Any lawful structure existing at the time of the enactment of this bylaw may continue to exist, provided the following conditions are met:

23. The nonconforming structure shall not be moved, enlarged, or extended, except as provided in (4).
24. A nonconforming structure may be reconstructed, structurally altered, restored, or repaired, in whole or in part, provided that the degree of nonconformance does not increase.
25. A nonconforming structure shall not be restored to other than a conforming structure after the Development Review Board has determined that the structure is substantially damaged from any cause, unless the restoration of such structure is substantially commenced within one year.
26. Nothing in this section shall be construed to prohibit normal maintenance and repair of a nonconforming structure.
27. The Development Review Board may, after public notice and hearing, allow the expansion of any nonconforming structure, provided the expansion does not increase the level of nonconformance or adversely affect the character of the surrounding area.
28. Any structure that does not conform to this bylaw because it was improperly permitted shall be treated as a nonconforming structure.

23. The nonconforming structure shall not be moved, enlarged, or extended, except as provided in (4).
24. A nonconforming structure may be reconstructed, structurally altered, restored, or repaired, in whole or in part, provided that the degree of nonconformance does not increase.
25. A nonconforming structure shall not be restored to other than a conforming structure after the Development Review Board has determined that the structure is substantially damaged from any cause, unless the restoration of such structure is substantially commenced within one year.
26. Nothing in this section shall be construed to prohibit normal maintenance and repair of a nonconforming structure.
27. The Development Review Board may, after public notice and hearing, allow the expansion of any nonconforming structure, provided the expansion does not increase the level of nonconformance or adversely affect the character of the surrounding area.
28. Any structure that does not conform to this bylaw because it was improperly permitted shall be treated as a nonconforming structure.

Permits issued prior to the enforcement of this bylaw that are valid on the effective date of this bylaw may be utilized, even if such permits will result in a nonconformity. In addition, nothing contained herein shall require any changes to the plans or construction of previously permitted structures and/or uses. Such nonconformities, however, shall be established within the permit’s effective period of two years. Applications to renew expired permits issued under the prior bylaw will not be approved unless the structure or use for which the original permit was issued conforms to the requirements of this bylaw.

2. Any lot that is legally subdivided, is served by both municipal water and sewer services, is in separate and nonaffiliated ownership from surrounding properties, and is in existence on the date of enactment of this bylaw, may be developed for the purposes permitted in the district in which it is located, even though the lot does not conform to the minimum lot size requirements of the district in which the lot is located.
3. If such a nonconforming lot subsequently comes under common ownership with one or more contiguous lots, the nonconforming lot shall not be deemed merged with the contiguous lot(s).

3. Any lot that is legally subdivided, is in separate and nonaffiliated ownership from surrounding properties on the date of enactment of this bylaw and is served by either municipal water or sewer service but not both, may be developed for the uses permitted in the district in which it is located, even though the lot does not conform to minimum lot size requirements of the district in which the lot is located, provided such lot is not less than one-eighth acre or has a minimum width or depth dimension of at least 40 feet.
4. If a lot that does not conform to minimum lot size requirements of the district in which it is located is legally subdivided on the date of enactment of this bylaw, and is served by either municipal water or sewer but not both, subsequently comes under common ownership with one or more contiguous lots, the nonconforming lot shall be deemed merged with the contiguous lot(s), unless the conditions in the following subsections are met.
5. A nonconforming lot that meets the criteria of subsection (2) shall not be deemed merged and may be separately conveyed if all of the following apply:

29. The lot is conveyed in its preexisting, nonconforming configuration.
30. On the date that this bylaw was enacted, the lot was developed with both a water supply and wastewater disposal system.
31. At the time of transfer, the on-site water supply or wastewater system is functioning normally.
32. In the case of a nonconforming lot with on-site sewage disposal, the deed of conveyance identifies, through a deed restriction on the nonconforming lot or easement on a contiguous lot, a suitable area for a replacement wastewater system, should the existing system fail, as defined in 10 V.S.A. Chapter 64.

29. The lot is conveyed in its preexisting, nonconforming configuration.
30. On the date that this bylaw was enacted, the lot was developed with both a water supply and wastewater disposal system.
31. At the time of transfer, the on-site water supply or wastewater system is functioning normally.
32. In the case of a nonconforming lot with on-site sewage disposal, the deed of conveyance identifies, through a deed restriction on the nonconforming lot or easement on a contiguous lot, a suitable area for a replacement wastewater system, should the existing system fail, as defined in 10 V.S.A. Chapter 64.