Department of Community Development
Reference: Land Use & Development Code Articles 1 and 11
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Stephanie Iiams, AICP, Associate Planner
Date Prepared: August 28, 2026
PURPOSE
Review and consider modifications to the City of Brighton (the “City”) Land Use & Development Code (“LUDC”) Articles 1 and 11.
PROCESSES
The LUDC outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these entities. The proposed amendments were discussed with the Planning Commission and the City Council at a joint study session on August 11, 2026.
In considering the amendments, the City Council should use the review criteria outlined in Section 2.10(B) of the LUDC. The review criteria generally include but are not limited to furthering the purposes of the LUDC, amendments being in accordance with the Comprehensive Plan, promoting the public safety, health and general welfare of the community, and improving the effectiveness and efficiency of administering the LUDC.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Modifications to the LUDC must meet the criteria for a Code Amendment as specified in Section 2.10 B. of the LUDC:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
BACKGROUND AND SUMMARY OF AMENDMENTS
The LUDC are regulations City staff continually work to improve and adjust. Staff look for areas of the LUDC that lack clarity, may be in conflict, or items that are not currently in the code that may need to be. This agenda item includes a variety of amendments suggested by staff for your consideration. Listed below are some of the larger topics staff propose to address.
Article 1:
Article 1 contains the general provisions of the LUDC, including but not limited to, the purpose, interpretation, administration, and enforcement of the LUDC. Staff is proposing several amendments to Article 1. The proposed amendments include how the City processes amendments to Planned Unit Developments that were approved prior to the new code, identifying a more accurate resource to reference if a term in the LUDC needs to be defined, and clarifying different measuring techniques and reference points.
Article 11:
Article 11 provides descriptions and definitions for terms mentioned in the LUDC. In conjunction with the modifications mentioned above, several definitions in Article 11 require revisions to provide additional clarity or comply with state statute.
STAFF ANALYSIS
Modifications to the LUDC must meet the following criteria when considered for adoption:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The amendments enhance the LUDC by improving provisions and policies to foster efficient and coordinated development.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
The amendments align with the Comprehensive Plan by supporting its vision, goals, and policies, ensuring sustainable and well-organized growth for the City. By promoting efficient development, the amendments contribute to the public safety, health, and general welfare of the community, which are core principles. The proposed amendments are intended to address both immediate operational needs and long-range policy outcomes by improving clarity within the LUDC and removing conflicting or duplicative provisions.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
The proposed amendments promote the public safety, health, and general welfare of the community by strengthening the clarity and consistency of the LUDC. By removing conflicting provisions and establishing clearer standards, the amendments reduce uncertainty for applicants, staff, and the public. This improves decision-making, supports orderly development practices, and ensures that regulatory processes better protect community interests.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
By eliminating conflicts, redundant information, and enhancing clarity, the amendments ensure that the LUDC is more understandable and accessible. This helps residents and developers comply with regulations, reducing the risk of misunderstandings and non-compliance issues.
PUBLIC NOTICE AND COMMENT
Notice of the public hearing was published on the City website at least 15 days prior to the public hearing, as required by Section 2.01(F) of the LUDC. City staff has published notice on social media outlets in the days leading up to the meeting.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposed code amendments generally meet the review criteria outlined in Section 2.10(B) of the LUDC and is, therefore, recommending approval of the code amendments.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on August 27, 2026, and unanimously recommended approval. (See the attached Resolution #26-12).
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve the code amendments via ordinance as drafted;
2. Deny the code amendments with specific findings to justify the denial;
3. Approve the code amendments with changes to the drafted ordinance or;
4. Continue the item to be heard at a later, specified date if the City Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the LUDC.
Note: A second reading of the ordinance, if approved at first reading, will be required at a future meeting.
ATTACHMENTS
• Draft City Council Ordinance
• Planning Commission Resolution #26-12
• LUDC Articles 1 and 11 Redlines
• Website Notice
• Website Publication Proof
• City Staff Draft Presentation