9-3-8 Off street parking requirement | Breckenridge Town Code

9-3-8: OFF STREET PARKING REQUIREMENT:

This section was recently amended by Ord. 25, Series 2023, codified in January 2024.

A. Within the Service Area: In connection with the development of all property within the service area there shall be provided the following amount of off street parking:

Land Use Category	Number of Required Off Street Parking Spaces (Per TSF-GFA^* Unless Otherwise Noted); no additional parking shall be allowed.^**
Residential:
Single-family	1.1
Duplex	1.1
Multifamily; efficiency, studio	1.1
Multifamily; 1 bedroom plus	1.1
Condominium; efficiency, studio	1.1
Condominium; 1 bedroom plus	1.1
Divisible unit	1.1
Lodging, hotel, motel	1.1
Dormitory	1.1
Commercial:
Retail sale, commercial:
General retail, commercial	1.4
Supermarket	2.5
Financial	1.9
Office:
General office	1.4
Government office	2.2
Auto service station	3.0 per bay plus 1 per pump
Restaurant, sit-down	3.5
Auditorium, theater	0.3 per seat
Church	0.5
Convention center	3.1
Library, museum	1.8
Medical/dental clinic	3.3
Commercial recreation	2.0

*TSF-GFA = 1,000 square feet of gross floor area.

Note: If the required parking is less than one (1) space, and for any fractional parking space required, the applicant shall be required to pay the in lieu fee provided in section 9-3-12 of this chapter.

**For duplex and townhome units where the parking maximum would result in dedicated parking spaces distributed unevenly across units, the allowed number of spaces may be rounded up to the nearest number that would provide for an even distribution of parking spaces between units.

B. Outside the Service Area: In connection with the development of all property outside the service area there shall be provided the following amount of off street parking:

Land Use Category	Minimum Required	Maximum Allowed
Residential:
Single-family	2.0 per dwelling unit^*	No maximum
Duplex or townhome	2.0 per dwelling unit	No maximum
Accessory apartment	1.0 per dwelling unit	No maximum
Multi-unit residential and condominiums:
Efficiency – studio	1.0 per dwelling unit	1.1 per dwelling unit
1-bedroom and larger	1.5 per dwelling unit	1.65 per dwelling unit
Divisible unit	+0.5 for each divisible room	+0.6 for each divisible room
Lodging, hotel, motel	1.0 per guest room	1.1 per guest room
Dormitory	0.5 per bed	0.6 per bed
Schools:
Elementary and junior high	2.0 per classroom	2.2 per classroom
High school	1.0 per 4 students and faculty	1.1 per 4 students and faculty
College	1.0 per 4 students and faculty	1.1 per 4 students and faculty
Commercial:
Retail sale, commercial and office	1.0 per 400 square feet GFA (minimum 2.0 per building)	1.1 per 400 square feet GFA
Construction – contracting	1.0 per 200 square feet	1.1 per 200 square feet
Manufacturing	1.0 per 400 square feet	1.1 per 400 square feet
Warehouse	1.0 per 1,000 square feet	1.1 per 1,000 square feet
Gas station/convenience market	1.0 per pump plus 1.0 per 250 square feet GFA	1.1 per pump plus 1.1 per 250 square feet GFA
Restaurants – sit-down, breweries, and distilleries	1.0 per 125 square feet	1.1 per 125 square feet
Restaurants – drive-in	1.0 per 100 square feet GFA	1.1 per 100 square feet GFA
Supermarket/grocery store	1.0 per 250 square feet GFA	1.1 per 250 square feet GFA
Auditoriums – theaters	1.0 per 4 seats	1.1 per 4 seats
Churches	1.0 per 6 seats	1.1 per 6 seats
Convention center facility	By special review of the director and planning commission	By special review of the director and planning commission
Library and museum	1.0 per 500 square feet GFA	1.1 per 500 square feet GFA
Medical and dental clinics	1.0 per 300 square feet GFA	1.1 per 300 square feet GFA
Hospital	1.0 per 3 beds	1.1 per 3 beds
Commercial recreation indoor and outdoor	By special review of the director and planning commission	By special review of the director and planning commission
Recreation and leisure amenity club	No additional parking shall be required or allowed for a development that includes a recreation and leisure amenity club beyond the required residential or commercial parking, as applicable.

*Two (2) parking spaces are required for the first three (3) bedrooms of a single-family residence. For each additional bedroom beyond the first three (3) bedrooms, one (1) additional parking space shall be required.

Note: The required number of parking spaces shall be rounded up to the nearest whole number. Required residential spaces shall be rounded up based on the unit count if parking spaces are assigned.

C. Compliance With Parking Requirement Mandatory: No new development or change of use for which off street parking is required under this chapter may be approved unless compliance with the requirements of this section is achieved.

D. Mixed Use Developments: The requirements of this section may be increased or decreased for a mixed use development containing not less than 100,000 square feet. Such change shall be accomplished by a development agreement in connection with the approval or amendment of a master plan. Any request to vary the requirements of this section shall be supported by a written analysis paid for by the applicant and prepared by a qualified parking consultant. Once approved, the development agreement and master plan shall establish the off street parking requirement in lieu of that set forth in this section and shall serve as one of the controlling development policies for a site plan level development of the property which is the subject of the master plan as provided in section 9-1-19-39A, "Policy 39 (absolute) master plan," subsection H, of this title.

a. An official parking analysis, with any recommendations for shared parking, performed by a qualified parking consultant;

b. A narrative describing feasibility of parking shared between uses, timing, and pedestrian and vehicular access;

c. Calculation of standard and peak parking variations between month, hour, and/or day of the week; and

d. Any additional information that may be requested by the director to establish feasibility.

a. The community development director or their designee, and the town engineer or their designee, will review the contents of the application and recommend whether to approve or deny or approve with conditions.

b. If a shared parking agreement is approved by the community development director and town engineer, the analysis would then be reviewed by the planning commission with the development permit review.

c. If approved, a shared parking agreement shall be recorded with the clerk and recorder of Summit County. The agreement shall note that in the event of a change of use, the agreement shall be subject to review to determine if it can be used for the proposed change of land uses. If it is determined it cannot be used, then the agreement shall be terminated by filing a document evidencing the same with the clerk and recorder of Summit County.

F. Unlisted Land Use Category: The director shall initially determine the appropriate land use category for any use not specifically listed in subsection A or B of this section. The director's initial determination of the appropriate land use category may be changed by the planning commission as part of its review of the development permit application. In determining the appropriate land use category for an unlisted land use, the director shall place the use in the land use category which most nearly approximates the nature and anticipated off street parking demands of such use.

1. Except as provided in subsection G5 of this section, the director may approve a conditional and terminable waiver of the off street parking requirement in subsection A of this section for a residential unit located in the service area if the unit owner voluntarily agrees to the following conditions:

a. Each adult occupant of the unit must work an average of thirty (30) hours per week for a business that is physically located in and serves the Upper Blue River basin;

b. The unit shall not be the physical location of the business for which an adult occupant of the unit works;

c. If the business for which an adult occupant of the unit works is located within the town, such business must hold a valid town business and occupational license issued pursuant to title 4, chapter 1 of this Code; and

d. Any time that the unit is not owner occupied it shall be leased for a minimum term of ninety (90) days to a tenant meeting the qualifications described in subsections G1a through G1c, inclusive, of this section.

2. The permittee shall acknowledge that the issuance of the permit does not entitle the permittee to a refund of any assessment previously paid to the town in connection with special improvement district 98-1 (the "parking district"); and

3. The unit owner shall execute and have recorded with the clerk and recorder of Summit County, Colorado, a restrictive covenant confirming the unit owner's agreement to comply with the requirements of subsection G1 of this section. The restrictive covenant shall also include, without limitation:

a. A provision that if the unit owner defaults under the restrictive covenant the director may declare that the restrictive covenant and the conditional waiver that was granted to the unit owner are null, void, and of no effect.

b. The right of the unit owner at any time to elect to declare that the restrictive covenant and the conditional waiver that was granted to the unit owner are null, void, and of no effect.

c. Upon a declaration by either the director or the unit owner that the restrictive covenant and the conditional waiver that was granted to the unit owner are null, void, and of no effect as authorized in subsections G3a and G3b of this section:

1. The director shall take such action as shall be required to release the restrictive covenant in the records of the clerk and recorder of Summit County, Colorado;

2. The off street parking requirements of this chapter shall then apply to the unit that was subject to the restrictive covenant;

3. The unit owner shall bring the unit that was subject to the restrictive covenant into compliance with the off street parking requirements of this chapter within thirty (30) days of the applicable declaration; and

4. The director shall enforce the off street parking requirements of this chapter with respect to the unit that was subject to the restrictive covenant.

Any restrictive covenant required as a condition of approval by this subsection G shall be subject to the approval of the town attorney.

4. Notwithstanding section 9-1-26 of this title, or any other provision of this chapter, any restrictive covenant required by this subsection G shall be subordinate to the lien of a first mortgage encumbering the unit described in the restrictive covenant. As used in this subsection G, a first mortgage is a mortgage, deed of trust, or similar voluntary lien or encumbrance securing a financial obligation that is recorded with the clerk and recorder of Summit County, Colorado, and has priority over all other liens and encumbrances in the unit, except the lien of the general property taxes. If the town's restrictive covenant required by this subsection G is ever lost through the foreclosure of a first mortgage, the director's waiver of the required off street parking for the unit described in the restrictive covenant shall immediately become null, void, and of no effect, and the off street parking requirements of this chapter shall then apply to such unit.

5. The director may not grant a waiver under this section for a residential property that is classified in subsection A of this section as "lodging, hotel, or motel". (Ord. 3, Series 1999; amd. Ord. 9, Series 2003; Ord. 31, Series 2014; Ord. 9, Series 2015; Ord. 26, Series 2016; Ord. 1, Series 2019; Ord. 24, Series 2021; Ord. 6, Series 2022; Ord. 17, Series 2022; Ord. 25, Series 2023)