4-6-5: CREATION OF MAPPED AREAS; LIMITATION ON CONCENTRATION OF LICENSES:
A. Consistent with the town's land use district map and guidelines, the town hereby establishes four (4) areas within the boundaries of the town of Breckenridge as reflected in the attached maps, a copy of which is incorporated by reference in Exhibit A, and available for inspection in the office of the town clerk:
1. A tourism zone ("zone 1");
2. A downtown core zone ("zone 2");
3. Areas not categorized as a resort property nor included in zone 1 or 2 fall within zone 3 ("zone 3"); and
4. Resort property zone.
a. Resort properties in this zone shall be:
i. A minimum of 15,000 square feet of total resort area that is located on the premises of the property; or
ii. A minimum of 7,000 square feet of total resort area located on the premises of the property provided the resort property has an entrance that is within 150 feet walking distance of a ski area lift terminal.
b. Notwithstanding subsection A(4)(a) of this section, the finance director or their designee may determine that a property constitutes a resort property under the following circumstances:
i. Spaces that do not meet the precise definition of amenity or conference space as defined in section 4-6-1 are deemed appropriate as the equivalent thereof in order to be included in the minimum square foot calculations above in subsection A(4)(a) of this section;
ii. Spaces for amenity or conference are deemed appropriate for inclusion in minimum square foot calculations above in subsection A(4)(a) of this section as they are available to resort property guests on an adjacent property well connected to the main property. Conversions of existing residential shall not be included in total resort area calculations.
c. If a resort property is determined by the finance director as qualifying as a resort property, such property shall only be eligible for a license in the resort property zone and no other zone.
d. The mapped areas of zones 1, 2 and 3 shall only be modified, amended or changed legislatively through an ordinance adopted by the town council. The map of the resort property zone may be amended administratively upon a determination that a property constitutes a resort property but such property shall not be issued an accommodation unit license until such time that is eligible to receive a business and occupational license under title 4, chapter 1 of this Code (i.e., renting an accommodation unit).
B. Except as otherwise provided in this chapter, the finance director shall not issue any accommodation unit license if doing so would result in there being in effect at any one time more than the maximum number of valid accommodation licenses in each of the zones as follows:
1. The resort property zone shall be comprised of the number of units available in the resort property zone as of the effective date of the ordinance codified in this chapter and any additional licenses that are granted administratively in the event the finance director or their designee has made a determination that a future property meets the resort properties criteria and special requirements.
2. Zone 1 shall have no more than one thousand six hundred eighty (1,680) accommodation unit licenses.
3. Zone 2 shall have no more than one hundred thirty (130) accommodation unit licenses.
4. Zone 3 shall have no more than three hundred ninety (390) accommodation unit licenses.
C. Certain Licensees/Properties Not Affected:
1. A licensee that was issued an accommodation unit license prior to the effective date of the ordinance codified in this chapter is not subject to the limitations set forth in subsection B of this section and may renew unless or until the property title transfers to a new owner.
2. A person issued a building permit for a residential unit(s) on or before September 14, 2021, shall not be subject to the limitations set forth in subsection B of this section provided such person has applied for an accommodation unit license within twenty (20) days from the date of issuance of a certificate of occupancy. (Ord. 28, Series 2022)