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."
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.
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.
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]
