Brighton Township City Zoning Code
ARTICLE I
General Provisions
§ 195-1 Title.
A.
Long title: An ordinance permitting, prohibiting, regulating, restricting and determining the uses of land, watercourses and other bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as courts, yards and other open spaces, and distances to be left unoccupied by uses and structures; the density of population and intensity of use; and providing for the administration and enforcement of such ordinance.
B.
Short title. This chapter shall be known and may be cited as the "Township of Brighton Zoning Ordinance."
§ 195-2 Purpose.
This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, appropriate density of population, civil defense, disaster evacuation, airports, National Defense facilities, provisions for adequate light and air, police protection, vehicle parking and loading space, signage, transportation, water, sewage, schools, public grounds and other public requirements.
B.
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
§ 195-3 Interpretation; construal of provisions.
The provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the Township of Brighton and its citizens and its provisions should be interpreted and applied accordingly. Applications for subdivision, land development or planned residential development approvals are encouraged to contain site design elements that exceed these minimum standards. It is not intended by this chapter to interfere with or abrogate or annul any rules or regulations previously adopted or permits previously issued by the Township which are not in conflict with any provisions of this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, building restrictions or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the heights of the building or requires a larger open space than is imposed or required by such rules, regulations or permits or by easements, covenants, building restrictions or agreements, the provisions of this chapter shall control.
§ 195-4 Uses not provided for.
A.
Whenever, in any district established under this chapter, a use is neither specifically permitted nor prohibited and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall determine the status of the use. Upon an adverse determination, the property owner may appeal the Zoning Officer's decision to the Zoning Hearing Board for an interpretation of this chapter as it applies to the permissibility of the proposed use.
B.
In the alternative, when a land use proposed by a property owner is not listed as a permitted use, a conditional use or a use by special exception in any of the established zoning districts, the Zoning Officer shall refer such proposed land use to the Zoning Hearing Board following denial of the zoning permit application. The proposed use shall be reviewed as a request for a special exception in the C-2 Mixed Use District. The Zoning Hearing Board shall apply the general standards outlined in Article XVIII, § 195-157.1, to all such requests.
[Added 11-13-2001 by Ord. No. 119; amended 12-11-2017 by Ord. No. 206]