[HISTORY: Adopted by the Town Board of the
Town of Brighton 1-27-1993. Amendments noted where applicable.]
[Amended 3-25-2009 by L.L. No. 1-2009]
Pursuant to the authority conferred by Article
16, §§ 261-b, 267, 271, 274-a, 276, 277, 278 and 279,
of the Town Law of the State of New York, and for each and every purpose
established herein, the Town Board of the Town of Brighton, County
of Monroe, and State of New York has ordained and does hereby enact
the following regulations regulating and restricting the location,
height, bulk and size of buildings and other structures, the percentage
of lot which may be occupied, the size of yards, courts and other
open spaces, the density and distribution of population, the location
and uses of buildings and structures and the uses of land for trade,
industry, residence and other purposes, establishing a Zoning Board
of Appeals with power to determine and vary the application of the
regulations hereby established in harmony with its general purposes
and intent, establishing a Planning Board with power to review and
approve, modify or disapprove land subdivision, site plans for uses
specified in these regulations and conditional use permits, providing
for the enforcement of provisions herein and imposing penalties for
their violation, all for the purpose of promoting the health, safety
and general welfare of the inhabitants of the Town of Brighton in
accordance with a well-considered Comprehensive Plan. The Town Board
hereby authorizes the Planning Board to implement the provisions of
Town Law § 278, Subdivision review, approval of cluster
development, in all districts within the Town.
These regulations shall be known and may be
cited by the short form title of the "Comprehensive Development Regulations
of the Town of Brighton, New York."
There is hereby established a new Comprehensive
Zoning Plan for the Town of Brighton, which plan is set forth in the
text and map that constitute these regulations. Said plan is adopted
for the purposes set forth in Article 16, §§ 261 and
263 of the Town Law, which, in the interest of the protection and
promotion of the public health, safety and welfare, shall be deemed
to specifically include the following, among others:
A.
The facilitation of the efficient and adequate provision
of public facilities and services.
B.
The assurance of adequate sites for residence, industry
and commerce.
C.
The provision of privacy for families.
D.
The prevention and reduction of traffic congestion
so as to promote efficient and safe circulation of vehicles and pedestrians.
E.
The maximum protection of residential areas.
F.
The gradual elimination of nonconforming uses.
G.
The enhancement of the appearance of the Town of Brighton
as a whole.
H.
The encouragement of flexibility in the design and
development of land in such a way as to promote the most appropriate
use of lands, to facilitate the adequate and economical provision
of streets and utilities, to preserve the natural and scenic qualities
of open lands and to protect the environment.
The following rules of construction of language
shall apply to the text of these regulations:
A.
Words used in the present tense include the future
tense.
B.
Words used in the singular include the plural, and
words used in the plural include the singular.
C.
The word "lot" includes the word "plot" or "parcel."
D.
The word "person" includes an individual, firm or
corporation.
E.
The word "shall" is always mandatory.
F.
The words "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designated to be used or occupied."
G.
Any reference to a residential district shall be interpreted
to mean any district with the word "residential" in its title.
H.
A "building" or "structure" includes any part thereof.
I.
Any reference to a commercial district shall be interpreted
to mean any district with the word "commercial" in its title.
J.
Any reference to an industrial district shall be interpreted
to mean any district with the word "industrial" in its title.
K.
"And" indicates that all connected items, conditions,
provisions or events shall apply.
L.
"Or" indicates that the connected items, conditions,
provisions or events may apply singly or in any combination.
M.
"Either/or" indicates that the connected items, conditions,
provisions or events shall apply singly but not any combination.
For the purpose of these regulations, certain
terms or words herein shall be interpreted or defined as follows:
An accessory facility or structure serving or being used
in conjunction with a communications tower and/or similar facility
and located on the same lot as the communications tower. Examples
of such structures include utility or transmission equipment storage
sheds or cabinets.
[Added 7-23-1997 by L.L. No. 5-1997]
Any equipment serving or being used in conjunction with a
communications facility or wireless support structure, including but
not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
[Added 9-22-2021 by L.L.
No. 1-2021]
A structure detached from a principal building, located on
the same lot and customarily incidental and subordinate to the principal
building or use.
[Added 8-8-2001 by L.L. No. 6-2001]
Any adverse effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity or stability, or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Any off-premises sign which directs attention to a person,
corporation, business, commodity, service or entertainment advertising
or communicating information to passersby which is sold or offered
elsewhere, other than upon the premises.
Housing which meets the income eligibility requirements for
specific housing programs administered by the United States Department
of Housing and Urban Development.
The activities of cultivating the soil, producing crops,
raising livestock, keeping riding animals and the growing of trees,
plants and shrubs as part of a commercial nursery operation.
A narrow serviceway providing a secondary public means of
access to abutting properties.
Antennas used by licensed amateur (HAM) radio operators.
[Added 7-23-1997 by L.L. No. 5-1997]
Shall be construed in the broad sense to include not only
mammals/animals, so called, but also birds, fish, reptiles and insects.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 7-23-1997 by L.L. No. 5-1997; amended 9-22-2021 by L.L. No. 1-2021]
A building arranged, intended or designed to be occupied
by three or more families living independently of each other in rental
units.
A plan approved by the Town of Brighton, as required by law,
that covers the areas of grading, erosion and sediment control and
meet the criteria set forth in the New York Guidelines for Urban Erosion
and Sediment Control.
A water-bearing rock of soil strata.
Any area under a roof, with or without a finished floor,
which does not meet other requirements for livable floor area.
Any visual message incorporated into an awning or canopy.
A retail sales establishment where bread, pastries, cakes,
bagels, donuts and similar baked goods are baked or sold. Any such
establishment where baked goods are commercially sold for any on-premises
consumption, regardless of whether served by a waiter or waitress
or whether service is available from a counter-type installation,
shall not be considered a "bakery" and shall be deemed a restaurant.
An establishment for the custody, loan, exchange and issue
of money; for the extension of credit; and for facilitating the transmission
of funds.
[Added 2-25-1998]
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property, but not including a trailer.
Any sign listing the name and location of all tenants in
a structure.
The vertical distance measured from the average elevation
of the proposed finished grade of the building to the highest point
of the roof for flat roofs, to the deck line of mansard (a roof with
a double pitch on all sides) roofs, and to the mean height between
eaves and ridge of gable, hip or gambrel roofs. For the purpose of
determining maximum permitted height for principal buildings, such
measurement shall be made from the average finished grade at the front
setback. For the purpose of side yard or rear yard determination,
such measurement shall be made from the average finished grade of
the wall extending along such side yard or rear yard.
The person appointed as Building Inspector by the Town Board.[1]
[Added 11-15-1994 by L.L. No. 7-1994]
Any building-mounted sign on the front face of a building
which identifies the principal business or use by name.
The portion of a building that is partly or entirely below
grade which has more than one-half (1/2) of its height, measured from
floor to ceiling, below the average finished grade of the ground adjoining
the building.
A network of artificial conduits and pipes constructed to
covey the runoff of natural surface waters.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain.[2]
The mounting of one or more communications facilities, including
antennas, on a pre-existing structure, or modifying a structure for
the purpose of mounting or installing a communications facility on
that structure.
[Added 9-22-2021 by L.L.
No. 1-2021]
A single-family detached dwelling which is primarily used
for the purpose of providing palliative and supportive care to, at
any given time, not more than two individuals in the stages of terminal
illness. Said care typically is provided on a twenty-four-hour basis
by volunteers under the supervision of the ill persons' family members
and physicians and home care agencies and typically includes, but
is not limited to, companionship and assistance with routine activities
of daily life.
[Added 4-9-2014 by L.L. No. 1-2014]
A truck or van in excess of two tons, which is used for commercial
purposes. Such vehicles may include trailers for moving heavy equipment.
An antenna facility and/or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a standalone basis or commingled with other wireless
communications services. The term "communications facility" shall
not include amateur radio antennas.
[Amended 9-22-2021 by L.L. No. 1-2021]
Any person that applies for a communications facility building
permit, or seeks zoning approval and/or permission to use the public
rights-of-way or other Town-owned land or property to install, erect,
or improve a communications facility.
[Added 9-22-2021 by L.L.
No. 1-2021]
An antenna that is: 1) used to receive direct broadcast satellite
service, including direct-to-home satellite service, or to receive
or transmit fixed wireless signals via satellite; 2) used to receive
video programming services via multipoint distribution services, including
multichannel multipoint distribution services, instructional television
fixed services, and local multipoint distribution services, or to
receive or transmit fixed wireless signals other than via satellite;
or 3) used to receive television broadcast signals.
[Added 9-22-2021 by L.L.
No. 1-2021]
A retail store serving the daily or occasional needs of the
residents of the immediate area with a variety of goods such as groceries,
meats, beverages, dairy products, patent medicines, sundries, tobacco,
stationery, hardware, magazines and/or newspapers and having a gross
floor area of less than 5,000 square feet. Gasoline is not sold.
[Amended 2-25-1998]
The County of Monroe.
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimension of the unenclosed side of the court.
The area covered by all buildings on a lot, expressed as
a percentage of the total lot area.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
Establishments, such as libraries, museums, art galleries,
schools, places of worship, botanical gardens and zoological gardens,
of primarily historic, educational or cultural interest.
[Added 2-25-1998; amended 8-13-2014 by L.L. No.
6-2014]
A care facility which provides care, protection and supervision
for a period of less than 24 hours a day on a regular basis, which
supplements care, enrichment and health supervision for the participants,
in accordance with his/her individual needs, and for which a payment,
fee or grant is made for care. Such a use must conform to all the
requirements regulating day care by the State of New York Department
of Social Services. In the case where "day-care centers" are located
in places of worship, or schools and colleges accredited by the New
York State Department of Education, those places of worship or schools
and colleges shall be held liable for the operations and activities
of these "day-care centers."
A commercial establishment which sells at retail prepared
food items in bulk to be consumed off the premises. This is not a
restaurant.
Any temporary or permanent structure for the interim storage
of stormwater runoff which is designed so as not to create a permanent
pool of water.
The actual owner or owners of the land and/or a person, firm
or corporation which shall develop or use land within the Town in
such a manner that it in any way affects the storm or surface water
drainage characteristics of the property developed or used. The term
"developer" shall include municipal, charitable and educational corporations,
institutions, associations and governmental agencies.
The gravitational movement of a liquid substance, normally
water, from its place of origin via surface runoff within or outside
developed channels or via subsurface underflow.
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridge line or topographic
divide.
A permanent right-of-way granted by the owner to the Town
providing unhindered access to the banks and channels of streams and
drainage systems.
A report entitled "Drainage Study, Town of Brighton, August,
1978.[3]"
A network consisting of any combination or type of open channels
and enclosed artificial facilities and/or retention or detention facilities
employed to convey or control the runoff of natural surface waters.
A business or portion of a business occupying space which
by design of physical facilities or by service or packaging procedures
encourages or permits customers to receive a service or obtain a product
while remaining in their motor vehicle.
[Added 2-25-1998]
An establishment used primarily to collect and distribute
articles or goods of fabric to be subjected to the process of dry
cleaning, dyeing or stain removal elsewhere. A dry-cleaning dropoff
may include equipment to press articles of fabric cleaned elsewhere.
[Added 2-25-1998]
A building used as the living quarters for one or more families,
but not including a building of mixed use.
SINGLE-FAMILY DETACHED DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other, but does not include row dwellings.
MULTIPLE DWELLING (MULTIFAMILY DWELLING)A building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other, but does not include row dwellings.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
A one-family dwelling with party walls separating it from
adjacent units on both sides.
A one-family dwelling separated by a party wall from only
one adjacent dwelling.
A building, or entirely self-contained portion thereof, containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, having no enclosed space
(other than vestibules, entrances or other hallways or porches) or
cooking or sanitary facilities in common with any other "dwelling
unit."
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public.
[Added 9-22-2021 by L.L.
No. 1-2021]
The boundary of a maintenanceway easement adjacent to a drainage
channel within which no building or structure shall be erected, or
trees, bushes or other plantings planted or allowed to grow, which
shall interfere with the maintenance of the drainage channel.
The Commissioner of Public Works or other agent of the Town
designated by the Town Board.
An increase in floor area of an existing building or an increase
in the area of land use for an existing open space use.
The removal of sand, gravel, soil, including topsoil, or
other natural deposits by stripping, digging or other means.
An increase in the amount of existing floor area used for
an existing use in an existing building.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 9-22-2021 by L.L. No. 1-2021[4]]
[Amended 1-11-2006 by L.L. No. 1-2006]
One of the following:
Not more than three persons occupying a dwelling
unit; or
Four or more persons occupying a dwelling unit,
each of whom is related to all of the others by blood, marriage, or
legal adoption, plus not more than two additional unrelated individuals;
or
A functional family unit: four or more persons
occupying a dwelling unit as the functional equivalent of a "natural
family" with respect to those characteristics that are consistent
with the purposes of zoning restrictions in residential neighborhoods,
and who use all rooms and housekeeping facilities in common, plus
not more than two additional unrelated individuals.
[Amended 9-27-2012 by L.L. No. 9-2014]
In determining whether individuals are living
together as a functional family unit, the following criteria must
be present:
The occupants share the entire dwelling unit
and live and cook together as a single housekeeping unit. A unit in
which the various occupants act as separate roomers may not be deemed
to be occupied by a functional family unit.
The group is permanent and stable. Evidence
of such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools and are
cared for by one or more residents of the household;
Proof of the sharing of expenses for food, rent
or ownership costs, utilities and other household expenses, and sharing
in the storage and consumption of food;
Members of the household have the same address
for purposes of voter registration, driver’s license, motor
vehicle registration and filing of taxes;
Members of the household are employed in the
area;
A showing that the household has been living
together as a unit for a year or more whether in the current dwelling
unit or other dwelling units;
There is common ownership of furniture and appliances
among the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
Child care provided in a home. Such a use must conform to
all the requirements regulating day care by the State of New York
Department of Social Services.
A parcel or contiguous parcels of land owned in a like manner,
which in the aggregate contains five or more acres, which parcel or
parcels are being used primarily for cultivation, pasture, husbandry
or other customary agricultural purposes.
Federal Communications Commission.
[Added 9-22-2021 by L.L.
No. 1-2021]
The depositing of natural or artificial material that raises
the existing grade of land or modifies the surface of waterbodies.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, unheated breezeways, unheated porches, unheated
attics, and cellars. Livable floor area shall include all spaces not
otherwise excluded above, including, but not limited to, principal
rooms, utility rooms, bathrooms, all closets and hallways opening
directly into any rooms within the dwelling unit.
[Amended 6-27-2007 by L.L. No. 11-2007]
The floor area, in square feet, of all buildings on a lot
divided by the area of such lot in square feet.
Prolonging the flow time of runoff to reduce the peak discharge.
The quantity of water which moves past a given point in an
increment of time.
Any sign not attached to any building.
One outer surface of a building as designated on the architectural
drawings submitted for review to the appropriate board(s): the Planning
Board, Board of Architectural Review or Zoning Board of Appeals.
A private garage which is structurally attached to a principal
building by enclosed space.
[Amended 11-25-2008 by L.L. No. 6-2008]
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupants of
the premises, and which may include space for not more than one passenger
vehicle used by others.
A multiple dwelling, other than a group of townhouses, that
is not more than two and one-half (2 1/2) stories in height and in
which not more than four units share a common entrance.
An establishment specializing in the rental of equipment
for home repair, yard care and other consumer needs. This use shall
exclude the rental of commercial construction equipment or vehicles.
[Added 2-25-1998]
Illumination beyond property lines caused by direct or specularly
reflected rays from incandescent, fluorescent or arc lighting or from
such high-temperature processes as welding or petroleum or metallurgical
refining.
Illumination beyond property lines caused by diffuse reflection
from a surface, such as a wall or roof of a structure.
The alteration of the existing grade of land through excavation
or filling.
The total area devoted to the primary use of the principle
structure, including storage areas and areas for employee services,
such as rest rooms or lounge areas.
A room having one or more windows opening directly on a street
or yard, as required by the New York State Uniform Fire Prevention
and Building Code of the Town, and designated to be used for living,
sleeping, eating or cooking. Any floor space enclosed on four sides
by permanent walls having a height from the floor of four feet or
more shall be counted as a "habitable room." Neither a bathroom, toilet
room vestibule or similar small passage or storage area, nor a cooking
space or kitchen having an area of less than 100 square feet, shall
be counted as a separate room.
Thermal energy of a radioactive, conductive or convective
nature.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure to the
highest point of the building or structure, excluding the chimney.
The vertical distance to the highest point of the roof for
flat roofs; to the deck line of mansard roofs; and to the average
height between eaves and the ridge for gable, hip and gambrel roofs.
The height of ground-mounted towers or communication facilities
shall be determined by measuring the vertical distance from the average
finished grade of the facility's/tower's point(s) of contact with
the ground to the highest point of the tower/facility, including all
antennas or other attachments. The height of towers/facilities mounted
on buildings or other structures shall be determined by measuring
the vertical distance from the average finished grade of the building's/other
structure's point(s) of contact with the ground to the highest point
of the tower/facility, including all antennas or other attachments.
[Added 7-23-1997 by L.L. No. 5-1997]
An office or studio of one artist, dentist, doctor, musician,
teacher, land planner, landscape architect, architect, surveyor, industrial
designer, interior decorator, consultant, engineer, accountant, insurance
agent, real estate agent, manufacturer's representative, lawyer or
any similar occupation as determined by the Building Inspector, provided
that such office or studio is incidental to the residential use of
the premises and is carried out by the resident and not more than
one nonresident assistant; shall occupy not more than 30% of the area
of one floor of the principal building; and shall have no storage
of inventory or products for sale associated with the occupation.
A building used for the diagnosis, treatment or care of human
ailments.
A multiple dwelling used for the purpose of temporary overnight
accommodation of travelers for compensation but not for residential
purposes, which has a common entrance and a common heating system
and which is designed to accommodate more than 15 transient guests
and where additional services may be provided, such as a restaurant,
meeting rooms and recreational facilities (all of which are contained
within the main structure). Any facility in which only a portion of
the rooms access to the exterior shall be considered a motel.
[Amended 8-10-1994 by L.L. No. 2-1994]
A planned, coordinated development of a tract of land with
two or more separate industrial buildings. Such development is planned,
designed, constructed and managed on an integrated and coordinated
basis with special attention given to on-site vehicular circulation,
parking, utility needs, building design, orientation and open space.
The keeping of more than three dogs that are more than four
months old for commercial or noncommercial purposes.
[Amended 4-13-2005 by L.L. No. 4-2005]
A business establishment providing clothes washers and dryers
for hire to be used by customers on the premises. Self-service dry-cleaning
facilities are not included in this definition.
[Added 2-25-1998]
Any picture, shape or drawing, with or without letters or
words used to identify a product, service, business or organization
and is graphically displayed on a sign face.
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings accessory thereto, if any, together with the
required open spaces appurtenant to such building or group of buildings.
A lot at the junction of, and abutting on, two or more intersecting
streets, where the interior angle of intersection does not exceed
135º. A lot abutting a curved street shall be deemed to be a
corner lot if the tangents to the curve at the points of intersection
of the side lot lines with the street lines intersect at an interior
angle of less than 135º.
The mean horizontal distance between the front and rear lot
lines.
A lot having a main (flag) portion, generally located behind
another lot or lots with frontage on a street, and a narrow strip
(pole) portion that connects the flag portion to a street and provides
access to the flag portion. In some instances, the flag portion of
a flag lot may have inaccessible (due to environmental, topographic
or other factors) frontage on a street, limiting vehicular access
to the pole portion of the lot.
[Added 5-26-2004 by L.L. No. 10-2004]
A lot other than a corner lot.
Any boundary of a lot other than a street line.
Any lot line along a street, or any lot line on a flag lot
determined during subdivision review by the Planning Board to be a
front lot line.
[Amended 5-26-2004 by L.L. No. 10-2004]
Where a lot abuts upon more than one street, the narrowest
frontage shall be the primary front lot line.
[Added 5-26-2004 by L.L. No. 10-2004]
The lot line generally opposite to the front lot line, or
opposite to the primary front lot line if the lot abuts more than
one street; if the rear lot line is less than 10 feet in length, or
if the lot comes to a point in the rear, the rear lot line shall be
deemed to be a line not less than 10 feet long lying within the lot
and parallel to the front lot line. In the event that the front lot
line is a curved line, then the rear lot line shall be assumed to
be a line not less than 10 feet long, lying within the lot and parallel
to a line tangent to the front lot line at its midpoint.
[Amended 5-26-2004 by L.L. No. 10-2004]
Any lot line which is not a front lot line or a rear lot
line.
An interior lot having frontage on two streets.
[Amended 9-24-2003 by L.L. No. 16-2003]
The horizontal distance across the lot between side lot lines,
measured at the required front setback line.
[Amended 6-27-2007 by L.L. No. 11-2007]
Any subdivision which is not a minor subdivision, a one-lot
subdivision, a lot line adjustment or a resubdivision.
Any process whereby the nature, size or shape of articles
or raw materials are changed, or where articles are assembled.
Any nonidentification sign expressing the position, opinion
or philosophy of the owner or occupant of the subject property regarding
political, religious, social or economic causes.
A subdivision of less than three lots and not involving a
planned development, addition of any new streets or extension of any
public utility or other public facility.
Occupancy of a building in part as the living quarters for
one or more families and in part for some other use not accessory
thereto. For the purpose of determining off-street parking requirements,
those parts of such buildings used as living quarters shall be considered
as dwellings.
The improvement, upgrade or expansion of existing communications
facilities or base stations on an existing wireless support structure
or the improvement, upgrade, or expansion of the communications facilities
located within an existing equipment compound, if the improvement,
upgrade, or expansion does not substantially change the physical dimensions
of the wireless support structure.
[Added 9-22-2021 by L.L.
No. 1-2021]
A multiple dwelling or multiple dwelling group not over two
stories in height and used for the temporary overnight accommodation
of travelers for compensation but not for residential purposes and
where additional services may be provided, such as a restaurant, meeting
rooms and recreational facilities. The exit for each unit or sleeping
room shall lead directly to the exterior. The term shall include,
but not be limited to, motor courts, tourist courts, tourist cabins,
motor inns and motor hotels.
[Amended 8-10-1994 by L.L. No. 2-1994]
An establishment at which garments and other fabric or leather
goods are cleaned through the use of PERC-based, petroleum-based or
other solvents typically used in the dry-cleaning industry. Dry-cleaning
facilities as defined here include only those whose purpose is to
serve the surrounding neighborhood. Large, bulk dry-cleaning or laundering
establishments servicing primarily dry-cleaning dropoff establishments
or commercial accounts are not included in this definition.
[Added 2-25-1998]
A building which contains a use permitted in the district
in which it is located, but which does not conform to the district
regulations for lot area, width or depth; front, side or rear yards;
maximum height, lot coverage; or minimum livable floor area per dwelling
unit.
A use, whether of a building or tract of land, or both, existing
on the effective date of these regulations which does not conform
to the use regulations of the district in which it is located.
Communications facilities co-located on existing structures,
such as, but not limited to buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new tower. The term "non-tower communications facility" shall
not include any small wireless facility.
[Added 9-22-2021 by L.L.
No. 1-2021]
A state-licensed residential care facility in which nursing
care and medical services are performed under the general direction
of persons licensed to practice in the State of New York, for the
accommodation of convalescent or other persons who are not in need
of hospital care but who do require, on a twenty-four-hour basis,
nursing care and related medical services. This definition shall include
skilled nursing facilities, intermediate care facilities and nursing
facilities.
When a communication facility is no longer in use for the
originally intended purpose or remains unused for its intended purpose
for a period of more than 12 consecutive months due to a change in
technology or by any fault of the Communication Facility owner.
[Added 7-23-1997 by L.L. No. 5-1997]
[Added 2-25-1998]
GOVERNMENT OFFICEAdministrative, clerical, or public contact offices of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles.
BUSINESS/PROFESSIONAL OFFICEOffices of firms or organizations providing professional executive, management or administrative services, such as architectural, engineering, real estate, travel agency, insurance, investment or legal offices and excluding banks and medical offices.
MEDICAL OFFICEOffices or health facilities, including without limitation preventative and rehabilitative treatment, diagnostic services and testing and analysis, but excluding inpatient services and overnight accommodation; may include a testing laboratory as an incidental use.
A planned, coordinated development of a tract of land with
two or more separate buildings. Such development is planned, designed,
constructed and managed on an integrated and coordinated basis with
special attention given to on-site vehicular circulation, parking,
utility needs, building design and orientation, and open space.
The design and construction of a facility necessary to control
stormwater from one or more developments where the facility is not
necessarily situated on a specific development site.
The design and construction of systems necessary to control
stormwater within a development.
A network of natural streams, constructed channels and ditches
employed to convey the runoff of natural surface waters.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy and used as a component
of a heating system to provide heat for any interior space.
[Added 4-25-2007 by L.L. No. 5-2007]
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
and other entities established pursuant to statutes of the State of
New York, provided that "person" does not include or apply to the
Town, or to any department or agency of the Town.
[Amended 9-22-2021 by L.L. No. 1-2021]
Any sign which by its content promotes or supports a candidate
or candidates for any public office or which advocates a position
on an upcoming ballot proposition(s).
Any temporary freestanding sign which can be disassembled
and moved by one person or one which is on wheels and can be trailered
or towed from one location to another.
A building in which is conducted the main or principal use
of the lot on which said building is located.
Any sign which projects from the exterior of any building.
Any garage, other than a private garage or vehicle service
station, which is used for storage, repair, rental, greasing, washing,
servicing, adjusting or equipping of automobiles or other motor vehicles.
Sewage disposal and water supply systems approved by the
Town Board for municipal operation.
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment, with like or similar
materials or parts for the purpose of maintenance of such building,
structure, device or equipment.
The replacement of existing communications facilities on
an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of substantially the same wind loading and structural
loading than existing equipment and is substantially similar in size,
weight and height as the communications facilities initially installed
and that does not substantially change the physical dimensions of
the existing wireless support structure.
[Added 9-22-2021 by L.L.
No. 1-2021]
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices,
or of new products, and uses accessory thereto, wherein products are
not manufactured primarily for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed, and where
there is no display of any materials or products.
A temporary storage space, exclusive of street area or required
parking spaces, for a vehicle waiting for service or admission.
Any permanent structure that provides for the storage of
runoff by means of a permanent pool of water.
A business establishment or an area within a business establishment,
specializing in the preparation of food items in individual- or multiple-serving
portions which are intended for on-premises, take-out or delivered
consumption by customers without the necessity of preparation by the
customer. Included in this definition are full-service restaurants,
pizzerias, cafes, coffee shops, donut shops, bagel shops, ice cream
shops, fast-food restaurants, take-out restaurants, delivery restaurants,
buffet-style restaurants, cafeterias and similar establishments. Specialty
food stores may also be included in this definition if a determination
is made that a substantial portion of their business is generated
from individual-portion sales.
[Amended 2-25-1998]
FULL-SERVICE RESTAURANTA restaurant characterized by the preparation of a wide range of food items in individual portions which are served, using nondisposable serviceware (cups, plates, bowls, utensils, etc.), for consumption on the premises. Customers are served by waiters or waitresses while seated at tables, booths or counters. No delivery service is provided.
BUFFET-STYLE RESTAURANTA restaurant at which standing customers, using nondisposable dishes and utensils, serve themselves from food prepared in bulk or are served individual portions from stations, for consumption at tables on the premises.
DELIVERY RESTAURANTA restaurant characterized by the off-premises delivery of prepared food and beverage items to customers. Provision may be made for limited on-premises consumption, but such provision is incidental to the delivery function of the restaurant.
FAST-FOOD RESTAURANTA restaurant characterized by the delivery of prepared food and beverage items in disposable containers to customers standing at a counter or window or seated in vehicles. This definition includes but is not limited to restaurants with a substantial take-out business.
[Added 2-25-1998]
CONSUMER SERVICEA business serving the personal or business needs of the general public. This classification includes barbershops and beauty shops, seamstresses, tailors, shoe repair shops, small appliance repair shops, photocopying and/or printing centers and similar services. This definition does not include self-serve laundries, dry-cleaning facilities or dry-cleaning dropoff establishments.
REPAIR SERVICEAn establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair and similar services within a fully enclosed building. This classification excludes the maintenance and/or repair of lawnmowers, snowmobiles, motor vehicles, motorcycles, boats and similar items.
BUSINESS SERVICEAn establishment primarily engaged in rendering personal services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, management and consulting services, protective services and office equipment rental and leasing. This definition excludes uses requiring processing, outside storage or those generating significant quantities of solid waste.
[Amended 2-25-1998]
NEIGHBORHOOD CONVENIENCE CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site. A neighborhood convenience center generally sells goods necessary to meet daily needs and has up to 50,000 square feet of gross leasable area.
COMMUNITY SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site. Such centers typically range in size from 50,000 to 450,000 square feet.
Any structure, or part thereof, or any device attached to,
painted on or represented on a building or other structure, upon which
is displayed or included any letter, work, model, banner, flag, pennant,
insignia, decoration, device or representation used as, or which is
in the nature of an announcement, direction, advertisement or other
attention-directing device. A "sign" shall not include a similar structure
or device located within a building except for illuminated signs within
show windows. A "sign" includes any billboard, but does not include
the flag, pennant or insignia of any nation or association of nations,
or of any state, city or other political unit, or of any political,
charitable, educational, philanthropic, civic, professional, religious
or like campaign, drive, movement or event. A "sign" shall also include
any material or structure or part thereof composed of lettered or
pictorial matter, or upon which lettered or pictorial matter is placed
which is on the exterior of any vehicle other than delivery or service
vehicles garaged on the premises or other object located on the same
zoning lot as a building, and which lettered or pictorial matter is
designed to serve as a sign for the nature of the business, the goods
sold or services rendered on the premises and the price thereof or
any or all of them.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same zoning lot.
A moving or animated sign or any illuminated sign on which
the artificial or reflected light is not maintained stationary and
constant in intensity or color at all times when in use. Any revolving
illuminated sign shall be considered a "flashing sign."
Any sign designed to give forth any artificial light, or
designed to reflect light, from one or more sources, natural or artificial.
A plan illustrating all proposed signs in relation to structures,
buildings, parking areas, internal roads, entrances, exits, yard areas
or any other feature of a parcel or proposed development, showing
the number, size, description, color and location of all signs.
The area which results by enclosing the outside dimensions
of a sign, not including the supports which may affix the sign to
the ground or to a structure or building. Where the sign consists
of individual letters or symbols attached to or painted on a building,
the area shall be considered to be that of the smallest rectangle
which encompasses all of the letters or symbols.
A communications facility that meets the following criteria:
[Added 9-22-2021 by L.L.
No. 1-2021]
The wireless support structure on which antenna facilities are
mounted:
Is 50 feet or less in height; or
Is no more than 10% taller than adjacent similar wireless support
structures in the right-of-way prior to the co-location of any communications
facilities on such wireless support structures; or
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height, whichever is higher, as a result
of the collocation of new antenna facilities; and
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All other wireless equipment associated with the wireless support
structure (excluding antennas) are cumulatively no more than 28 cubic
feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
The sale of lawnmowers, snowmobiles, motorcycles and similar
small-engine machines within a fully enclosed structure. Maintenance
and repair services shall take place only as accessory services to
sales operations located on the same premises and shall take place
only within a fully enclosed building. Motor vehicles and boats are
excluded from this definition.
[Added 2-25-1998]
Radiant energy (direct, diffuse and reflected) received from
the sun.
[Added 5-13-2015 by L.L.
No. 3-2015]
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for space heating or cooling, for
water heating or for electricity.
[Added 5-13-2015 by L.L.
No. 3-2015]
A retail store specializing in bulk sales of a specific type
or class of foods, such as a bakery, butcher, delicatessen, fish market
or gourmet food store. On-premises seating is generally not provided.
A use fitting the definition of a specialty food store may be classified
as a restaurant, based on the amount of individual-portion sales generated
by the proposed use.
[Added 2-25-1998]
Camouflaging methods applied to communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed communications facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure and communications
facilities constructed to resemble trees, shrubs, and light poles.
[Added 9-22-2021 by L.L.
No. 1-2021]
Any means of quantitative control, such as a system of vegetative
and structural measures that control the increased volume and rate
of surface runoff caused by man-made changes to the land; any means
of qualitative control, such as a system of vegetative, structural
and other measures that reduce or eliminate pollutants that might
otherwise be carried by surface runoff; and conforms to the criteria
set forth in the New York Guidelines for Urban Erosion and Sediment
Control.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any road, avenue, lane, alley or other way which is an existing
public way or which is shown on an approved plat or any private right-of-way
or easement approved by the Town Board.
The dividing line between a lot and a street.
The removal of overburden, topsoil, soil, vegetation or other
natural material from land.
Any change in the supporting members of a building, such
as beams, columns or girders.
Anything constructed or erected which requires location on
the ground or attachment to something having such location, but not
including a trailer.
A modification substantially changes the physical dimensions
of a wireless support structure if it meets the criteria established
by 47 CFR § 1.6100.
[Added 9-22-2021 by L.L.
No. 1-2021]
A building is considered to be substantially demolished when
demolition equals or exceeds 50% of the ground area covered by any
roofed part of the building, including cantilevers but excluding roof
eaves.
[Added 6-27-2007 by L.L. No. 11-2007]
That portion of natural precipitation which moves across
the land surface via channels, ditches, etc., to permanent watercourses.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches (610 mm) deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas. Such
noncommercial swimming pool shall not be operated for gain and shall
be located on a lot only as an accessory use to the dwelling or dwellings
thereon.
[Amended 11-14-2007 by L.L. No. 12-2007]
A swimming pool, together with accessory buildings and appurtenances,
which swimming pool does not constitute an accessory use to a dwelling
and which is owned and operated by a nonprofit organization for use
of its members and guests on a nonprofit basis.
A swimming pool which does not constitute an accessory use
to a dwelling and which is open to the general public on a commercial
or profit-seeking basis.
A vegetative material or stable mulch.
Traditional antennas used to receive over-the-air transmissions
of television signals, such as transmissions from local affiliates
of national television networks.
[Added 7-23-1997 by L.L. No. 5-1997]
The natural surface layer of an undisturbed soil's area,
usually darker than the underlying layer, ranging in organic matter
content from 2% to 50% and which may range in texture from loamy fine
sand to clay.
A structure of more than 15 feet and designed to support
antennas. It includes, without limit, freestanding towers, monopoles
and similar structures which do or which do not employ camouflage
technology.
[Added 7-23-1997 by L.L. No. 5-1997]
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment. The term "tower-based communications facility"
shall not include small communications facilities.
[Added 9-22-2021 by L.L.
No. 1-2021]
The Town of Brighton.
One of several units in a building, which unit is designed
for and occupied exclusively as a home or residence for not more than
one family living independently of any other family, separated from
other units by a ground-to-roof party wall or walls.
A graphic representation registered for the exclusive use
by a firm to identify a product, service or activity and which is
graphically displayed on a sign face.
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, and equipped to be used
for living or sleeping quarters or so as to permit cooking, such as
but not limited to camping trailers, recreational vehicles and self-contained
motorized homes. The term "trailer" shall include vehicles if mounted
on temporary or permanent foundations with the wheels removed.
A living perennial, woody plant, its branches, its root system,
its trunk, whose trunk is greater than five inches in diameter at
a height of four feet above the ground and whose full height reaches
a minimum of 12 feet.
[Added 11-14-2001 by L.L. No. 8-2001]
All unenclosed portions of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on the
said lot for purposes of active or passive outdoor recreation.
The specific purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use customarily incidental and subordinate to the main
use on a lot, whether such "accessory use" be conducted in a principal
or accessory building.
Antennas or dishes used for end-user reception of video programming.
This definition is limited to multipoint distribution service (MDS),
multichannel multipoint distribution service (MMDS), local multipoint
distribution service (LMDS), instructional television fixed service
(ITFS) and direct broadcast satellite (DBS) dishes or antennas and
all accessory equipment (poles, towers, wires, fasteners, etc.) needed
for their use. This definition does not include television broadcast
service (TVBS) antennas or antennas used in whole or in part for broadcasting
(except for those antennas or dishes which require broadcasting of
a signal solely for the purpose of programming selection, such as
some MMDS antennas) or any other type of antenna or dish not listed
here.
[Added 7-23-1997 by L.L. No. 5-1997]
Any area of land, including structures thereon, that is used
primarily for the sale of gasoline or other motor-vehicle fuel; accessory
uses may include the sale of oil, other lubricating substances or
motor vehicle accessories, or facilities for lubricating, washing,
the incidental replacement of parts, or for motor service to passenger
automobiles or trucks, but shall not include general repair, rebuilding
or reconditioning of engines, motor vehicles or trailers, or collision
service, body repair, frame-straightening, painting or upholstering.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any area adjacent thereto which is subject to inundation
by reason of overflow of floodwater.
Those watercourses with a tributary drainage area between
20 square miles and four square miles.
Those watercourses with a tributary drainage area of between
one and four square miles.
Those watercourses with one square mile or less of tributary
drainage area.
The total drainage area contributing runoff to a single point.
The level below which the soil is saturated with water.
Lands and submerged lands commonly called "swamps" or "marshes"
which support aquatic or semiaquatic vegetation, plants or brush.
Any window sign other than a temporary window sign that is
permanently painted or otherwise affixed to a window or door.
Any sign that is affixed to the inside of a window directing
attention to a special event, announcement or sale, and said sign
shall not be displayed for more than 30 days.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 9-22-2021 by L.L.
No. 1-2021]
A pole, tower, base station, or other building, whether or
not it has an existing communications facility, that is used or to
be used for the provision of wireless service (whether on its own
or comingled with other types of services).
[Added 9-22-2021 by L.L.
No. 1-2021]
An area of one or more acres of vegetation, the majority
of which is classified as woody plants whose trunks are greater than
three inches in diameter at a height of three feet above the ground
and whose full height reaches a minimum of six feet.
[Amended 11-14-2001 by L.L. No. 8-2001]
That portion of a lot extending open and unobstructed from
the ground upward.
An unoccupied ground area, fully open to the sky, between
the front lot line and a line drawn parallel thereto along the front
of the building, extending from lot line to lot line.
[Amended 5-26-2004 by L.L. No. 10-2004]
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by these
regulations.
An unoccupied ground area, fully open t the sky, between
the rear lot line and a line drawn parallel thereto along the rear
of the building, extending from lot line to lot line.
An unoccupied ground area, fully open to the sky, between
any lot line other than a front or rear lot line, and a line drawn
parallel thereto along the side of the building between the front
and rear yards.
[Amended 5-26-2004 by L.L. No. 10-2004]
Any yard measured between a line drawn parallel to a street
or lot line at a distance therefrom equal to the respective yard dimension
required by these regulations.
[1]
Editor's Note: The former definition of "building-mounted
antennas," added 7-23-1997 by L.L. No. 5-1997, which immediately
followed this definition, was repealed 9-22-2021 by L.L. No. 1-2021.
[2]
Editor's Note: The former definition of "collocated antennas,"
added 7-23-1997 by L.L. No. 5-1997, which immediately
followed this definition, was repealed 9-22-2021 by L.L. No. 1-2021.
[3]
The Drainage Study is on file in the Department
of Public Works office.
[4]
Editor's Note: This local law also repealed the former definition
of "fall-down zone," added 7-23-1997 by L.L. No. 5-1997, which immediately followed this definition.
In their interpretation and application, the
provisions of these regulations shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Except where specifically provided to the contrary,
it is not intended by these regulations to repeal, abrogate, annul
or in any way to impair or interfere with any rules, regulations or
permits previously adopted or issued, or which shall be adopted or
issued pursuant to law, relating to the use of buildings, structures,
shelter or premises; nor is it intended by these regulations to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties; provided, however, that where these regulations imposes
a greater restriction upon the use of a building or premises, or requires
larger open spaces than are imposed or required by any other statute,
ordinance, rule, regulation or permit, or by any easement or agreement,
the provisions of these regulations shall control.
[Amended 2-25-1998]
The Town of Brighton is hereby divided into
the following zoning districts:
|
RLL
|
Residential - Large Lot
|
|
RLA
|
Residential - Low Density
|
|
RLB
|
Residential - Low Density
|
|
RLC
|
Residential - Low Density
|
|
RM
|
Residential - Medium Density
|
|
RHD-1
|
Residential - High Density
|
|
RHD-2
|
Residential - High Density
|
|
BE-1
|
Office and Office Park
|
|
BE-L
|
Office - Low Density
|
|
BE-2
|
Office/Transitional
|
|
BE-3
|
Office/Commercial - Mixed Use
|
|
BE-F
|
Low Intensity Commercial
|
|
BF-1
|
Neighborhood Commercial
|
|
BF-2
|
General Commercial
|
|
IG
|
Light Industrial
|
|
AO
|
Airport Overlay
|
|
EPOD
|
Environmental Protection Overlay
|
|
IPD
|
Institutional Planned Development
|
|
PRD
|
Planned Residential Development
|
|
PUD
|
Planned Unit Development
|
|
TOP
|
Technology and Office Park
|
|
WD
|
Waterfront Development
|
The boundaries of the said districts are hereby
established as shown on the Zoning Map, Town of Brighton, dated concurrent
with the date of adoption of these regulations, which accompanies,
and which, will all explanatory matter thereon, is hereby adopted
and incorporated into these regulations and shall be as much a part
hereof as if fully set forth and described herein. A copy of said
map, indicating the latest amendments, shall be kept up-to-date in
the offices of the Building and Planning Department for the use and
benefit of the public.
A.
In determining the boundaries of districts shown on
the map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately
following the center lines of streets, highways, waterways or railroad
rights-of-way, or such lines extended, such center lines shall be
construed to be such boundaries.
(2)
Where such boundaries are indicated as approximately
following the property lines of parks or other publicly owned lands,
such lines shall be construed to be such boundaries.
(3)
[1]In all cases where a district boundary divides a lot in
one ownership, and more than 50% of the area of such lot lies in the
less restricted district, the regulations prescribed by these regulations
for the less restricted district shall apply to such portion of the
more restricted portion of the said lot which lies within 30 feet
of such district boundary. For purposes of this section, the more
restricted district shall be deemed that district subject to regulations
which prohibit the use intended to be made of said lot, or which require
higher standards with respect to coverage, yards, screening, landscaping
and similar requirements.
[1]
Editor's Note: Former Subsection A(3), regarding
interpretation of district boundaries running parallel to streets,
was repealed 11-25-2008 by L.L. No. 6-2008. This local law also redesignated
former Subsection A(4) through (7) as Subsection A(3) through (6),
respectively.
(4)
In all cases where a district boundary line is located
not farther than 15 feet away from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
(5)
In all other cases where dimensions are not shown
on the map, the location of boundaries shown on the map shall be determined
by the use of a graphic scale on the Zoning Map.
(6)
Where any street or other public way is abandoned
in the manner authorized by law, the zoning district adjoining each
side of such street or public way shall be automatically extended
to the center of the former right-of-way and all of the area included
in the abandonment area shall then be subject to all regulations of
the extended districts.
B.
In the event that none of the above rules are applicable
or there is still uncertainty, the location of such boundary, unless
the same is indicated by the dimension on the map, shall be determined
by the Building Inspector.
Following the effective date of these regulations:
A.
No building shall be erected, moved, altered, rebuilt
or enlarged, nor shall any land or building be used, designed or arranged
to be used for any purpose or in any manner except in conformity with
all regulations, requirements and restrictions specified in these
regulations for the district in which such building or land is located.
B.
No yard or open space required in connection with
any building or use shall be considered as providing a required open
space for any other building on the same or any other lot.
C.
No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open spaces
connected therewith, and the remaining lot comply with all requirements
prescribed by these regulations for the district in which said lot
is located. No building permit shall be issued for the erection of
a building on any new lot thus created unless such building and lot
comply with all the provisions of these regulations.
D.
Nothing contained in these regulations shall prevent
the construction of a building or other structure which is made nonconforming
by these regulations or subsequent amendments hereto for which a building
permit has been lawfully issued, provided that either:
(1)
Construction of the foundation shall have commenced
prior to the effective date of these regulations and construction
thereafter is diligently prosecuted.
(2)
The Zoning Board of Appeals makes a finding that substantial
expenditures have been made or substantial financial obligations incurred
for such nonconforming building or structure prior to the effective
date of these regulations.
These regulations shall not be construed as
to limit or interfere with the dedication, development or use of any
land or building for public parks, public playgrounds or public schools
required for compulsory education, nor with the use of land or buildings
owned and occupied by the United States Government, the State of New
York, the County of Monroe or the Town of Brighton, and used for governmental
purposes; nor, upon the obtaining of any necessary permit therefor,
with the construction, installation, operation and maintenance for
public utility purposes of water or gas pipes, mains or conduits,
electric power transmission lines, telephone or telegraph lines, oil
pipelines or sewers; nor with any highway railroad right-of-way existing
or hereafter authorized by the State of New York, County of Monroe
or Town of Brighton. These exceptions, however, shall not be interpreted
to permit yards, garages or other buildings for service or storage
by said public utilities unless otherwise permitted by these regulations
in appropriate districts.
Any use not permitted by these regulations shall
be deemed to be prohibited.
[Added 4-23-2008 by L.L. No. 4-2008]
For a lot divided by one or more municipal boundary
lines, the following shall apply in addition to any other requirements
of the Code:
B.
The area of the Brighton portion of the lot shall
be used for determination of the maximum development of the Brighton
portion of the lot permitted by the applicable zoning regulations.
C.
Where the zoning of the Brighton portion of the lot
allows single-family detached dwellings, the use of the lot for single-family
detached dwelling development shall be limited to one dwelling per
lot.
D.
Any use of the lot other than a single-family detached
dwelling shall meet the following requirements in addition to any
other requirements of the Code:
(1)
Pavement and accessory buildings shall not be allowed
on the Brighton portion of the lot unless a principal building, or
part thereof, is located on the Brighton portion.
(2)
The number of parking spaces allowed on the Brighton portion of the lot shall be no more than the number required by § 205-12 and/or by § 205-14 of the Comprehensive Development Regulations for the gross floor area of the principal buildings, or portions thereof, constructed on the Brighton portion of the lot. All other requirements of the Comprehensive Development Regulations for parking shall be met.
(3)
Accessory buildings.
(a)
Except for enclosed parking as required for certain uses in § 205-12 of the Comprehensive Development Regulations, the aggregate floor area of accessory buildings allowed on the Brighton portion of the lot shall not exceed the lesser of:
(b)
All other requirements of the Comprehensive
Development Regulations for accessory buildings shall be met.
(4)
Construction of parking areas and accessory buildings:
(a)
Permits for the construction of parking areas or accessory buildings on the Brighton portion of the lot shall only be issued subsequent to the issuance of a permit for the construction of the proposed principal building(s) required by Subsection D(1),(2) and/or (3), above.
(b)
If a certificate of occupancy for a principal
building required by this section is not issued within one year of
the date of issuance of its building permit, the Town may require
the removal of associated parking areas and accessory buildings constructed
in Brighton and require the restoration of the disturbed areas.
[Added 11-25-2008 by L.L. No. 6-2008]
Pursuant to 6 NYCRR Part 17, Section 617.4(a)(2),
the following list of actions and projects has been identified by
the Town as being likely to require the preparation of an environmental
impact statement, and was adopted on November 12, 1997, and amended
on November 25, 2008, to amend the State Environmental Quality Review
Act (SEQRA) list of Type I actions. The following actions are Type
I if they are to be directly undertaken, funded or approved by the
Town (including its employees, agents, boards and officers):
A.
All those actions designated as Type I actions by
6 NYCRR Part 617, Section 617.4(b).
B.
Physical alteration of 10 or more acres occurring
within sites listed in the Town of Brighton Open Space Index Update.
C.
The acquisition, sale, lease, annexation or transfer
of 10 or more contiguous acres of land by a state or local agency.
D.
The construction of new residential units that meet
or exceed the following thresholds:
(1)
Five units not to be connected (at commencement of
habitation) to existing community or public water and sewage systems,
including sewage treatment works.
(2)
Fifty units to be connected (at commencement of habitation)
to existing community or public water and sewage systems, including
sewage treatment works.
E.
The adoption of changes in the allowable uses within
any zoning district, affecting 10 or more acres of the district.
F.
A project or action that meets or exceeds any of the
thresholds in this section and that occurs or lies partially in the
Town of Brighton and partially in another municipality.
H.
Any unlisted action that exceeds 25% of any threshold
in this section, occurring wholly or partially within or substantially
contiguous to any navigable waterway.
I.
Any structure exceeding 100 feet above original ground
level.
K.
Any action which will result in the disturbance of
one or more acres of state wetlands, of one or more acres of federal
wetlands, or of one or more acres of federally designated one-hundred-year
floodplains.
