Brighton City Zoning Code

The word person includes a firm, association, partnership, trust, company, or corporation, as well as an individual.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

The word shall is mandatory, the word may is permissive.

Accessory Use: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Acre: 43,560 square feet.

Alteration: Structural change that increases the exterior height, width, or length of the building, including relocation of, or addition to, an existing building.

Agriculture: The business of cultivating the soil, producing crops and/or raising livestock useful to man, and all other practices outlined in the statutory definition of farming, according to Title 10 §6001(22):

1. The cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or
2. the raising, feeding, or management of livestock, poultry, fish, or bees; or
3. the operation of greenhouses; or
4. the production of maple syrup; or
5. the onsite storage, preparation, and sale of agricultural products principally produced on the farm; or
6. the on-site production of fuel or power from agricultural products or wastes produced on the farm; or
7. the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing, instruction and lessons in riding, training, and the management of equines.

1. The cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or
2. the raising, feeding, or management of livestock, poultry, fish, or bees; or
3. the operation of greenhouses; or
4. the production of maple syrup; or
5. the onsite storage, preparation, and sale of agricultural products principally produced on the farm; or
6. the on-site production of fuel or power from agricultural products or wastes produced on the farm; or
7. the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing, instruction and lessons in riding, training, and the management of equines.

Auto repair: Any area of land, including structures thereof, which is used or designed to be used for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers.

Bakery: An establishment that sells baked goods that are prepared on the premises, and may include a seating area for dining, either within or immediately outside of the establishment.

Bed & Breakfast: A building serving as a dwelling unit which has the capacity to provide overnight accommodations and a morning meal to transient guests for compensation.

Buildable area: The area of a lot which remains after the minimum setback requirements have been met.

Building: Any structure for the shelter, support, or enclosure of persons, animals, chattels or property of any kind.

Building front line: The line parallel to the front lot line, transecting that point in the building face which is closest to the front lot line. This face includes porches, whether enclosed or unenclosed, but does not include steps.

Burned, abandoned or dilapidated structure:  Any building or structure that is unstable, collapsing, dangerous, or, if residential in nature, uninhabitable, including the debris associated with such structures.

Business office: An establishment engaged in rendering administrative support; management or consultation; or service to other business establishments or individuals on a fee or contractual basis, such as advertising and mailing; building maintenance; employment services; and research, development, and testing.

Campground: A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, educational, or vacation purposes.

Campsite: Any plot of ground within a campground intended for exclusive occupancy by a camping unit or camper.

Car wash: A structure containing facilities for washing cars and trucks.

Cemetery: Property used for the interment of the dead.

Church: A building where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities.

Commercial service: Any activity involving the lawful sale or provision of services carried out for profit. This does not involve the sale of goods that are not incidental to the provision of service.

Commercial storage facility: A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.

Communication facility: A facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various communications devices and equipment.

Community center: A building that is owned and operated by a public or nonprofit group or agency, and is used for recreational, social, educational, and cultural activities.

Daycare center, adult: A facility providing care for the elderly and/or functionally impaired adults in a protective setting for part of a 24-hour day.

Daycare center, child: Any place operated as a business or service on a regular or continuous basis, whether for compensation or not, whose primary function is protection, care and supervision of children under sixteen years of age outside their homes for periods of less than twenty-four hours a day by a person other than a child’s own parent, guardian, or relative, but not including a kindergarten approved by the state board of education.

Dwelling: A building or structure thereof which is used exclusively for human habitation.

Dwelling, Accessory: An efficiency or one-bedroom apartment, located within or appurtenant to an owner-occupied single-family dwelling, that is clearly subordinate to a single-family dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation.

Dwelling, Single Unit: One room, or rooms connected together, constituting a separate and single independent housekeeping establishment for owner occupancy, rental or lease, physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Dwelling, Multiunit: A residential building designed for or occupied by three or more families, living independently of each other in individual dwelling units, where the number of families in residence does not exceed the number of dwelling units provided.

Dwelling, Two-Unit: A residential building designed for or occupied by two families living independently of each other in individual dwelling units.

Emergency service: Police, firefighters, and emergency medical technicians, and other first responders to public safety crises.

Extraction of earth resources: Excavation and removal of rock, stone, ore, sand, gravel, soil, minerals, and similar materials from the surface or subsurface.

Family: One or more persons living, sleeping, cooking, and eating on the same premises as a single housekeeping unit.

Family day care home: A day care facility which provides for care on a regular basis in the caregiver’s own residence for not more than ten children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. In this bylaw, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours a day. These limits shall not include children who reside in the residence of the caregiver; except:

1. these part-time school-age children may be cared for on a full-day basis during school closing days, snow days and vacation days which occur during the school year; and
2. during the school summer vacation, up to 12 children may be cared for provided that at least six of these children are school age and a second staff person is present and on duty when the number of children in attendance exceeds six. These limits shall not include children who are required by law to attend school (age 7 and older) and who reside in the residence of the caregiver. 33 V.S.A. § 4902(3).

Farm Structure: A building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as “farming” is defined in subdivision 6001(22) of Title 10, but excludes a dwelling for human habitation.

Fishing Shanty: A portable shed which is placed on a frozen body of water to provide shelter during ice fishing.

Forestry: The raising and cultivation of trees intended for commercial use.

Frontage or Front lot line: The side of a lot that is abutting a public or private right-of-way and from which the driveway is accessed.

Funeral home: A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

Gas station: Any building, land area or other premises, or portion thereof used for the sale of vehicular fuels; including as an accessory use the sale and/or installation of lubricant, tires, batteries, and similar vehicle accessories; or as an accessory use, the sale of snack food, tobacco, drinks, newspapers, and similar convenience goods.

Group home: Any residential facility operating under a license or registration granted or recognized by a state agency, that serves not more than eight unrelated persons, who have a handicap or disability as defined in 9 V.S.A. § 4501, and who live together as a single housekeeping unit. In addition to room, board and supervision, residents of a group home may receive other services at the group home meeting their health, developmental or educational needs.

Hangar: An enclosed structure used for housing airplanes or airships.

Health club: An establishment which is open to members and their guests for various forms of exercise, including aerobic exercises, running and jogging, exercise equipment and machines, and game courts.

Heavy equipment yard: A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily used by a contractor in the building or excavation trade.

Hedge: A vegetative barrier which is designed to enclose, screen, or separate areas.

Height: The vertical distance of a structure measured from the average elevation of the proposed finished grade surrounding the structure to the highest point of the structure.

Home occupation: An occupation, carried on within a principal or accessory residential structure, which is customarily incidental and secondary to the use of the premises for dwelling purposes, and which does not substantially alter the character thereof.

Hotel: A building containing rooms which are rented as a series of sleeping units, with each sleeping unit consisting of a least a bedroom and a bathroom.

Kennel: Any structure or premises in which animals or pets are kept, boarded, bred, or trained for commercial gain.

Laundromat: An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.

Library: A place, open to the general public, which contains books and other resources for reading, research, and study.

Light industry: Any facility for the assembly, manufacture, compounding, processing, packing, treatment, or testing of materials, goods, or products, provided these activities are conducted in such a manner so as not to generate noise, smoke, vibration, dust, glare, odors, electrical interference or heat that is detectable at the boundaries of the lot.

Lot: A designated area of land established by subdivision or otherwise permitted by law, that exists as depicted or described on a plat or deed in the Town of Brighton’s land records.

Lumber transfer yard: An area and structures used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products.

Major industry: Any facility for the assembly, manufacture, compounding, processing, packing, treatment, or testing of materials, goods, or products, where these activities are carried out in such a manner that they may require the use of public water and sewer and may generate noise, smoke, vibration, dust, glare, odors, electrical interference or heat that is detectable at the boundaries of the lot.

Medical clinic: An establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists, other medical personnel, psychologists, or social workers.

Minimum lot depth: The smallest dimension of the lot measured perpendicular to the frontage.

Minimum lot width: The smallest dimension of the lot measured, running parallel to the back of the lot’s required frontage.

Mobile home: A structure or type of manufactured home that is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation, includes plumbing, heating, cooling, and electrical systems, and is:

1. transportable in one or more sections;
2. at least eight feet wide or 40 feet long, or when erected, has at least 320 square feet or if the structure was constructed prior to June 15, 1976, at least eight feet wide or 32 feet long; or
3. any structure that meets all the requirements of this definition except for size and for which the manufacturer voluntarily files a certification required by the U.S. Department of Housing and Urban Development and complies with the standards established under Title 42 of the U.S. Code.

Mobile home park: Any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate, more than two mobile homes. Nothing herein shall be construed to apply to premises used solely for storage or display of mobile homes. Mobile Home Park does not mean any parcel of land under the ownership of an agricultural employer who may provide up to four mobile homes used by full-time workers or employees of the agricultural employer as a benefit or condition of employment or any parcel of land used solely on a seasonal basis for vacation or recreational mobile homes.

Modular (or Prefabricated) home: A dwelling unit constructed on-site and composed or components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Motel: See Hotel.

Motor vehicle sales: An establishment for the display and sale of new and used motor vehicles, trailers, mobile homes, and boats. May include sales of gas, oil, and other items essential to the operation of such motor vehicles.

Municipal office: A building or portion thereof dedicated to the administrative function of town officials, including record keeping; processing and storage of permits, registrations, certificates, licenses, and deeds; and collection of fees or fines.

Museum: A building or portion thereof which is open to the general public and is devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historic, cultural, or artistic value.

Nonconforming lot or parcel: A lot or parcel that does not conform to the present bylaws covering dimensional requirements, but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including a lot or parcel improperly authorized as a result of error by the Zoning Administrator.

Nonconforming structure: A structure or part of a structure that does not conform to the present bylaws but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws; or a structure improperly authorized as a result of error by the Zoning Administrator.

Nonconforming use: Use of land that does not conform to the present bylaws but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws; or a use improperly authorized as a result of error by the Zoning Administrator.

Nonconformity: A nonconforming lot or parcel, structure, or use.

Outdoor furnace: Any equipment, device or apparatus, or any part thereof, which is installed, affixed, or situated outdoors for the purpose of burning untreated wood to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.

Planned residential development: An area of at least five contiguous acres in size to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters, which may include appropriate public or quasi-public uses primarily for the benefit of the residential development.

Plat: A sketch or map of a proposed subdivision which is of sufficient detail for discussion and review.

Public agency office: A room or group of rooms used for conducting the affairs of any department, commission, independent agency or instrumentality of the United States, the State of Vermont, Essex County, or any authority, district, or other governmental or quasi-governmental unit, other than the Town of Brighton Municipal Offices.

Public facility: Any structure or equipment that is necessary for conducting a service by a government or public utility. Includes, but is not limited to: telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, sewer pipes, valves or structures; pumping stations; airports; municipal garages; and recycling centers.

Post office: A building or portion thereof that houses a local branch of the United States Post Office in which mail is received, sorted, and delivered, and where stamps and other postal materials are sold.

Privacy Fence: An artificial barrier of any material or combination of materials, which is closed and is designed to enclose, screen, or separate areas.

Professional office: See Business Office.

Recreation and education camp: A lot or a group of contiguous lots that contain one or more permanent structures, which are maintained for occupancy by groups or organizations as temporary living quarters for recreational, educational, or vacation purposes.

Recreation, Indoor: A facility that is used for sports, leisure time activities, and other customary and usual recreational activities that can be performed indoors by members of the general public.

Recreation, Outdoor: Any sports, leisure time activities, and other customary and usual recreational activities that can be performed outdoors by members of the general public.

Recreation shelter: A dwelling for private, noncommercial use, which is not intended for full-time occupancy, and which does not have all the amenities of a single-unit dwelling, such as plumbing or central heating.

Residential care home: A place, however named, excluding a licensed foster home, which provides, for profit or otherwise, room, board and personal care to three or more residents unrelated to the home operator in accordance with 33 V.S.A. §7102(1).

Restaurant: An establishment where food and drink are prepared, served, and consumed, mostly within the principal building.

Retail store: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Right of way: The right of one to pass over the property of another.

Road frontage: Lot lines which abut a road.

Road line: Right-of-way line of a road as dedicated by a deed of record. Where the width of the road is not established, the road line shall be considered to be thirty feet from the center line of the road pavement.

School: Any building or part thereof that is designed, constructed, or used for any education or instruction in any branch of knowledge.

Shipping facility: See Transportation facility.

Spa: See Health Club.

Solid waste facility: A place where solid waste materials are taken from a collection vehicle to be stored, disposed, or transferred to another facility.

Stable: Any structure that is used for the shelter or care of horses.

Subdivision, Major: The division of a lot, parcel, or tract of land into more than two lots, parcels, or tracts for development, sale, or lease.

Subdivision, Minor: The division of a lot, parcel, or tract of land into two lots, parcels, or tracts for development, sale, or lease.

Substantially commenced: Visible signs of activity on new construction of a new structure or repair of a damaged structure, including the commitment of resources and materials to a project, such as the pouring of a foundation, the completion of a frame, or the delivery of all required building materials to the construction site.

Structure: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Transportation/shipping facility: An establishment providing services incidental to shipping or transportation, such as loading and unloading truck or rail cargo and freight, forwarding and packing services, and arranging passenger or freight transportation.

Travel trailer: Any vehicle used or so constructed as to permit its being used as a conveyance on public roads, and whether licensed or not, constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping space for one or more persons, and cannot readily be connected to a community sewer and water service. A trailer under this local law shall also mean tent trailers, truck campers, and vehicles converted to sleeping facilities.

Veterinary clinic: Any structure or premises in which animals or pets are given medical or surgical treatment, or are boarded indoors for commercial gain.

Violation: The commencement or continuation of any land development or use that does not meet the requirements of this bylaw.

Visitor facility: A building or portion thereof designed to accommodate travelers by providing personal orientation, maps, brochures, and other tourist amenities.

Warehousing: Terminal facilities for handling freight with or without maintenance facilities.

Water and sewer, Off-lot: The provision of water from a source and the disposal of the sewage by a system not located on the lot on which is located the building for which these utilities are provided.

Water and sewer, On-lot: The provision of water from a source and the disposal of the sewage by a system not located on the lot on which is located the building for which these utilities are provided.

Water and sewer, Public: Water supply and sewage disposal systems approved by the Town of Brighton.

Wellhead protection area: The area within the 3,000 ft. radius from a well serving a public water source.

Yard, Front: The space between the front lot line and the front line of a building extending to the side lot lines of the lot. The depth of the front yard shall be measured from the front lot line to the front line of the building.

Yard, Rear: The space between the rear lot line and the rear line of a building, extending to the side lot lines of the lot. The depth of the rear yard shall be measured from the rear lot line to the rear line of the building.

Yard, Side: The space between the principal building or accessory building and a side lot line, and extending through from the front yard to the rear yard.

1 See §211 Class – Source of Water and Sewer Service