Department of Community Development
Reference: Land Use & Development Code Article 10
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Scott Olsen, Director of Utilities
Date Prepared: October 05, 2026
PURPOSE
Review and consider modifications to the Land Use & Development Code Article 10.
PROCESSES
The Land Use & Development Code (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 study session.
In considering the amendments, the Planning Commission 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 we 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 10:
This article addresses city-wide policies that span multiple zoning districts or special topics and issues that require more specific, or “stand-alone” regulations. The City of Brighton submitted an application to the Federal Emergency Management Agency (FEMA) to join the Community Rating System (CRS). The CRS is a voluntary incentive program that recognizes and encourages community floodplain management practices that exceed the minimum requirements of the National Flood Insurance Program (NFIP). The City's participation in the program demonstrates the City's commitment to floodplain regulation and could also result in insurance discounts for residents. As a part of the application process, FEMA performed a Community Assistance Visit (CAV) to review the City's floodplain program. FEMA has requested minor modifications to the City's floodplain use regulations to continue through the application process.
STAFF ANALYSIS
Modifications to the Land Use & Development Code must meet the following criteria when considered for adoption:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The proposed amendments further the purposes of the Land Use & Development Code by strengthening the City’s floodplain management standards and improving city-wide regulations that address special topics spanning multiple zoning districts.
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 support the Comprehensive Plan by contributing to long-term community resilience, responsible land use, and improved safety within designated flood-risk areas. In the short term, the updates address immediate compliance needs identified through FEMA’s review, enabling the City to continue through the CRS application process. In the long term, these improvements reinforce the City’s commitment to sustainable development practices and strengthen alignment between regulatory tools and communitywide planning objectives.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
By enhancing floodplain regulations in response to FEMA’s findings, the amendments directly support public safety and community wellbeing. Stronger floodplain management improves protection for residents and properties, reduces potential flood risk, and supports participation in the Community Rating System potentially resulting in flood insurance discounts for Brighton residents. These updates demonstrate the City’s ongoing commitment to proactively safeguarding its community
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
The amendments refine LUDC provisions to ensure consistency with federal floodplain management expectations and remove areas where regulations may have lacked clarity. These improvements support a more efficient development review process and help maintain compliance with national floodplain standards required for CRS participation.
PUBLIC NOTICE AND COMMENT
Notice of the public hearing was published on the City of Brighton website at least 15 days prior to the public hearing, as required by Section 2.01(F) of the LUDC. City staff published notice on social media outlets on 8/19/2026, prior 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) Review Criteria, of the LUDC and is, therefore, recommending approval of the code amendments.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on September 10, 2026, and recommended approval. (See the attached Resolution # 26-13).
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has three 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. 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 Land Use & Development Code.
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 # 26-13
• LUDC Article 10 Redlines
• Website Notice
• Website Publication Proof
• City Staff Draft Presentation