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Breckenridge City Zoning Code

Sec. 22-17

Accessory buildings and use regulations.

12-100 Residential districts: In a single-family or multifamily district, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall be located toward the rear portion of the property.

12-101 Nonresidential districts: In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings should, wherever possible, be located toward the rear portion of the property, and shall be constructed of the same material and architectural design as that of the main building.

12-102 Accessory dwellings, including garage accessory dwellings and detached units, may be permitted in residential zoning districts and shall conform to the height limitations of the main structure. No such accessory dwelling or quarters shall be used or occupied as a place of abode or residence by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one (1) accessory dwelling unit, including a garage accessory dwelling for servants or caretakers, shall be allowed on any lot within a residential zoning district, and they shall be clearly incidental to the primary use. These accessory living structures shall not, in any case, be leased or sold.

12-103 Area regulations for accessory buildings in residential and multifamily districts.

(A)

Size of yards:

(1)

Front yard: Detached accessory buildings shall be prohibited in front of the main building.

(2)

Side yard: There shall be a side yard not less than three (3) feet from any side lot line, or alley line for any accessory building provided that such building is separated from the main building by a minimum distance of ten (10) feet. In the case of an accessory building being closer than ten (10) feet to the main building, the minimum side yard requirements for the main building shall be observed. Accessory buildings abutting a side street shall have a side yard not less than fifteen (15) feet. Garages or carports located and arranged so as to be entered from the side yard shall have a minimum distance of twenty-five (25) feet from the side lot line, alley line, alley easement line or street. Carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required yard for the main building or twenty-five (25) feet, whichever is greater.

(3)

Rear yard: There shall be a rear yard not less than three (3) feet from any lot line or alley line, or alley easement line, with the exception of: (i) carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than ten (10) feet to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building; or (ii) accessory buildings constructed ten (10) feet or more from the main building shall have a rear yard of three (3) feet. If an alley exists, accessory buildings may be located within three (3) feet of a rear lot line if the maximum (or ridge) height of the building is no greater than eight (8) feet and if a solid fence or wall of the same height is built on the rear lot line to screen the building from property located to the rear. Garages or carports that are arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear property line or alley easement line a minimum distance of twenty-five (25) feet.

(B)

Carports shall be measured from the posts supporting the roof nearest to the street or alley.

(C)

Accessory buildings are not permitted without a main structure.

(D)

Accessory buildings shall not exceed one (1) story in height, unless otherwise allowed in the specific zoning district.

(Ord. No. 13-12, § I(Exh. A), 8-5-13)