9-3-5 Applicability and exceptions | Breckenridge Town Code

9-3-5: APPLICABILITY AND EXCEPTIONS:

A. Applicability: The provisions of this chapter shall apply to all development of real property (as that term is defined in the town's development code) which: (1) involves new construction for which a development permit is required; or (2) involves a change of use which causes an increase in the parking requirement; or (3) involves a remodel of an existing building or structure for which a development permit is required; provided, however, that compliance with the requirements of this chapter is required for a remodel or change of use only to the extent additional off street parking is required (using the requirements of this chapter to determine the parking requirement for a preexisting use) as a result of the remodeling or change of use of the existing building or structure; or (4) involves a remodel or redevelopment of an existing structure for which a Class D major development permit or higher is required.

1. Major remodels, as defined by title 9, chapter 1 of this Code, which retain fifty percent (50%) or more of the original structure, shall be exempted from the driveway grade and slope provisions of this chapter.

2. Major remodels, as defined by title 9, chapter 1 of this Code, for which compliance with the provisions of this chapter would cause excessive disturbance of existing features on the site such as environmentally sensitive areas, vegetation, geologic, hydrologic, or historic resources, or cause unreasonable disturbance of infrastructure, retaining walls, or other features, as determined by the director, shall be exempted from those provisions of this chapter which would result in the excessive disturbance. (Ord. 9, Series 1996; amd. Ord. 3, Series 2022)