9-2-4-5 Lot dimensions, improvements and configuration

9-2-4-5: LOT DIMENSIONS, IMPROVEMENTS AND CONFIGURATION:

A. Political Boundaries: No lot shall be laid out so it crosses a political boundary.

B. Arrangement: The lot arrangement shall be such that there will be little difficulty in securing development permits and building permits in compliance with the Breckenridge development code and building codes and in providing driveway access to buildings on such lots from an approved street at a grade in compliance with all town ordinances and standards.

1. Lots for residential uses and all lots located within residential neighborhoods shall be a minimum of five thousand (5,000) square feet in size, except lots created through the subdivision of townhouses, duplexes, or building footprint lots created as part of a master plan, which are exempt when the lot and project as a whole is in general compliance with the town comprehensive planning program and have little or no adverse impacts on the neighborhood. Determination of "general compliance with the town's comprehensive planning program" shall be based upon, without limitation, the adequacy of proposed setbacks (including setbacks from other building footprint lots), privacy, functional parking, aesthetics, site buffering, circulation and compliance with the "Handbook Of Design Standards" as adopted in chapter 5 of this title.

2. The depth and width of lots shall be adequate to provide for sufficient ingress and egress, for parking facilities as required by the proposed use, and to avoid lot depth greater than twice the width.

3. In general, side lot lines shall be at right angles or radial meaning at more than a 30-degree angle to curving street lines unless a variation from this rule provides a better street plan or lot layout, when an open space parcel is created, or the proposed subdivision is generally consistent with a vested master plan that displays proposed lot lines. Lots shall take the form of plain geometric shapes except where conditions existing on the site, such as wetlands, steep hillsides, or other environmentally sensitive areas warrant the use of nonlinear lot shapes, when an open space parcel is created, or the proposed subdivision is generally consistent with a vested master plan that displays proposed lot lines. Flag lots or other irregular shapes proposed as a means of manipulating the square footage of lots in developed areas shall not be permitted.

4. Where lots are more than double the minimum required area for the zoning district, the town may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with this chapter.

5. The depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off street parking and loading facilities required for the type of use and development contemplated.

6. Building setback reservations, nonbuildable and tree preservation easements may be required to protect significant environmentally sensitive areas, significant stands of mature trees and comply with the plan required in subsection 9-2-4-2D2 of this chapter, sites of historical significance, recreation areas including golf courses, parks, significant views or other special areas that in the opinion of the town are necessary for the protection of the health, safety and welfare of the community.

7. The following standards shall apply to site disturbance envelopes or any modification of existing building or disturbance envelopes:

a. Site disturbance envelopes shall be platted for all residential lots at the time of subdivision, including resubdivisions and lot line vacations.

b. New site disturbance envelopes:

1. Within the Conservation District, site disturbance envelopes are not required.

2. Outside of the Conservation District, a site disturbance envelope shall be located on a lot in a manner which complies with the following minimum setbacks:

(a) Front yard: Twenty five feet (25').

(b) Rear yard: Fifteen feet (15').

3. Site disturbance envelopes shall be located away from significant ridgelines and hillsides.

4. In general, site disturbance envelope lines shall be at right angles. Disturbance envelopes shall take the form of simple geometric shapes, except where topographic conditions require otherwise for an environmentally sensitive design.

5. The location of a site disturbance envelope shall take into consideration: 1) the topography of the lot; 2) wetlands or water bodies on or adjacent to the lot, if any; 3) the vegetation, geology, hydrology, and/or historic resources of the lot; 4) any ridgelines or hillsides on the lot visible from an area of concern; and 5) significant trees which will effectively screen future development when viewed from an area of concern. Particular attention shall be given to trees on the downhill side of a site disturbance envelope.

6. If a lot is subject to a maximum aboveground square footage as stated in Section 9-1-19-3A, the allowed square footage shall not be increased.

c. Modification to existing building or site disturbance envelopes:

1. Requirements in Subsection C7a of this section shall be reviewed when any envelope modification occurs.

2. Building envelope modifications shall result in the envelope becoming a site disturbance envelope. The creation of new envelopes shall be reviewed by the planning commission unless the application is a Class C subdivision.

3. Modifications to any envelope shall result in both square footage and overall site disturbance equal to or less than the existing envelope.

4. Any envelope modification or relocation shall be solely for environmental preservation, reduced site disturbance, reduced visibility, or in special cases where there has been a significant change within the envelope from past activity, such as forest management or mining. Enhancing viewsheds is not a valid reason to modify or relocate a site disturbance envelope. If an envelope is proposed to be relocated to another portion of a lot, impact on adjacent properties shall be considered. Consideration will also be given if an envelope is located near another and the proposal is to relocate the envelope further away. Additional information justifying any envelope modification or relocation may be required by the director.

d. Development allowed within a site disturbance envelope:

1. Except as provided in subsection 7e of this section, the following shall occur within a platted site disturbance envelope: 1) all construction activities, including, but not limited to, grading, excavation, soil disruption (tree cutting and/or the removal of native vegetation unless approved by separate review in connection with an approved fire mitigation and/or a forest management plan); and 2) the construction of all permanent improvements, including buildings, roof overhangs, structures, decks, at grade patios, fences, stairs, window wells, bay windows, parking spaces, parking hammerheads, or other similar improvements and development.

e. Development allowed outside of a site disturbance envelope:

1. The following may occur outside of a platted site disturbance envelope: 1) construction of approved driveway access and paving (Once a driveway crosses a site disturbance envelope line, the driveway should not again cross the envelope), walkways, necessary driveway retaining walls, utility connections, pedestals and boxes, approved drainage facilities, culverts, public and private trails, street lighting, driveway entrance signage and related lighting, freestanding solar arrays and wind turbines, and soil disturbances related to all such activities; 2) approved tree planting and landscaping; and 3) other activities approved by the director which are consistent with the intent and purpose of the town requirement for the creation of site disturbance envelopes.

8. The following rules shall apply to the subdivision of a building footprint lot:

a. A building footprint lot shall only be allowed if specifically authorized in an approved master plan.

b. A building footprint lot located within the "conservation district" (as defined in section 9-1-5 of this title) shall only be allowed within the downtown overlay district.

c. Within the downtown overlay district the minimum distance between a building footprint lot and any adjacent building or another building footprint lot within the master plan shall be a distance that is equal to one-third (1/3) the length of the longest wall plane of the existing or proposed building to be located on the building footprint lot, or six feet (6'), whichever is greater.

d. A building footprint lot shall not be located in significant view corridors, or on ridgelines or hillsides.

9. Lots abutting a watercourse, drainageway, channel, streams or steep slopes shall have a minimum width and depth required to provide an adequate building site and the minimum usable area for front, side and rear yards, as required in the Breckenridge development code. (Ord. 31, Series 2010; amd. Ord. 2, Series 2020; Ord. 32, Series 2022)