This chapter is intended to control and limit the size, bulk and mass of residential structures within the town. Gross residential floor area (GRFA) regulation is an effective tool for limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts.

(Ord. 13(1996) § 3)

 

(Ord. 13(1997) § 3; Ord. 3(1999) § 8; Ord. 3(2001) § 4; Ord. 4(2003) § 1; Ord. 14(2004) § 12; Ord. 29(2005) § 34; Ord. 2(2012) § 7; Ord. 11(2020) § 1; Ord. 19(2023) § 3; Ord. 6(2024) § 8)

   (A)   Within the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R) and Two-Family Primary/Secondary Residential (PS) Districts.

      (1)   Gross residential floor area defined. For residential uses, the total square footage of all horizontal areas on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes). Floor area shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces, vents and chases, storage areas and other similar areas. Garages; attics; vaulted or open to below spaces; basements; crawl spaces; and roofed or covered decks, porches, terraces or patios shall be included as floor area; except the horizontal areas of a structure as set forth herein shall then be deducted from the calculation of GRFA.

         (a)   GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above.

         (b)   Excluded areas as set forth herein, shall then each be deducted from the total square footage.

            1.   Enclosed garage area. Enclosed garage areas of up to 300 square feet per vehicle space not exceeding a maximum of two vehicle parking spaces for each allowable dwelling unit permitted by this title.

               a.   Garage area deducted from floor area is awarded on a “per space basis” and shall be contiguous to a vehicular parking space. Each vehicular parking space shall be designed with direct and unobstructed vehicular access.

               b.   Alcoves, storage areas and mechanical areas which are located in a garage and which are 25% or more open to the garage area may be included in the garage area deduction.

               c.   Interior walls separating the garage from other areas of a structure may be included in the garage area deduction.

            2.   Attic areas with a ceiling height of five feet or less. Attic areas with a ceiling height of five feet or less, as measured from the topside of the structural members of the floor to the underside of the structural members of the roof directly above.

            3.   Attic areas with trusses. Attic areas created by construction of a roof with structural truss type members, provided the trusses are spaced no greater than 30 inches apart.

            4.   Attic areas with nontruss system. Attic areas created by construction of a roof structure utilizing a nontruss system, with spaces greater than five feet in height, if all of the following criteria are met:

               a.   The area cannot be accessed directly from a habitable area within the same building level;

               b.   The area shall have only the minimum access required by the Building Code from the level below;

               c.   The attic space shall not have a structural floor capable of supporting a “live load” greater than 40 pounds per square foot, and the “floor” of the attic space shall not be improved with decking;

               d.   It must be demonstrated by the architect that a “truss type” or similar structural system cannot be utilized as defined in the definition of floor area; and

               e.   It will be necessary that a structural element (i.e., collar tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy.

            5.   Crawl spaces.

               a.   Crawl spaces accessible through an opening not greater than 12 square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above.

               b.   Crawl spaces created by a “stepped foundation”, hazard mitigation or other similar engineering requirement that has a total height in excess of five feet may be excluded from GRFA calculations at the discretion of the Administrator.

            6.   Basements. On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The lowest level shall be the finished floor level with the lowest USGS elevation, including all floor levels within six vertical feet of the lowest level. A multi-unit building shall be considered one structure. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawl space or attic.

            7.   Vaulted spaces. Interior vaulted spaces and areas “open to below” with a floor to ceiling height less than 16 feet, as measured from the finished floor to the underside of the structural members of the floor/ceiling assembly above.

            8.   Roofed or covered decks and the like. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than 25% of the linear perimeter of the area of said deck, porch, terrace, patio or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to 44 inches in height and support posts with a diameter of 18 inches or less which are spaced no closer than ten feet apart. The space between the posts shall be measured from the outer surface of the post.

            9.   Under ground vaults.

               a.   Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met:

                  i.   The vault is only used for the storage of vehicles;

                  ii.   The vault floor to the finished floor elevation of the garage does not exceed 16 feet in height;

                  iii.   The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage;

                  iv.   The vault is only accessible from within the garage;

                  v.   Any openings to the vault shall be no larger than the minimum required by the Building Code; and

                  vi.   The floor area of the vault shall not exceed 300 square feet per vehicle space and not exceed a maximum of two vehicle spaces for each allowable dwelling unit permitted by this title.

               b.   Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above.

      (2)   Additional calculation provisions.

         (a)   Common interior party walls. Where more than one dwelling unit exists within a single structure, GRFA shall be measured for each dwelling unit from the center of common interior party walls to the outside face of the sheathing of the exterior walls.

         (b)   Greenhouse windows. Greenhouse windows (self-supporting windows) shall not be counted as GRFA. GREENHOUSE WINDOWS are defined according to the following criteria.

            1.   Distance above inside floor level. In order for a window to be considered a greenhouse window, a minimum distance of 36 inches must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet Building Code egress requirements.) The 36 inch minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot high greenhouse window to be used in a room with an eight foot ceiling height.

            2.   Projection. No greenhouse window may protrude more than 18 inches from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building.

            3.   Construction characteristics. All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a 45 degree angle. A small roof over the window may also be allowed provided the overhang is limited to four inches beyond the window plane.

            4.   Dimensional requirement. No greenhouse window shall have a total window surface area greater than 44 square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet and the maximum width for a four-foot high self-supporting window is between six feet and eight feet (approximately 32 square feet). Since the window would protrude no more than 18 inches, the addition of side windows would bring the overall window area to approximately 44 square feet.

            5.   Quantity. Up to two greenhouse windows will be allowed per dwelling unit, however, the 44 square foot size limitation will apply to the combined area of the two windows.

            6.   Site coverage. Greenhouse windows do not count as site coverage.

         (c)   Vaulted spaces. Any interior space with a floor to ceiling height of 16 feet or greater, as measured from the finished floor to the underside of the structural members of the floor/ceiling assembly above, shall be calculated as GRFA on two levels of a structure.

      (1)   Gross residential floor area defined. For residential uses, the total square footage of all horizontal areas on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes). Floor area shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces, vents and chases, storage areas, and other similar areas. Garages; attics; vaulted or open to below spaces; basements; crawl spaces; and roofed or covered decks, porches, terraces or patios shall be included as floor area; except the horizontal areas of a structure as set forth herein shall then be deducted from the calculation of GRFA.

         (a)   GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then each be deducted from the total square footage.

            1.   Common spaces. All or part of the following spaces, provided such spaces are common spaces:

               a.   Common hallways, stairways, elevator shafts and airlocks;

               b.   Common lobby areas;

               c.   Common enclosed recreation facilities;

               d.   Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems;

               e.   Common closet and storage areas, providing access to such areas is from common hallways only;

               f.   Meeting and convention facilities;

               g.   Office space, provided such space is used exclusively for the management and operation of on site facilities;

               h.   Floor area to be used in a Type III “employee housing unit (EHU)” as defined and restricted by Chapter 13 of this title; and

               i.   Common enclosed garages to accommodate on site parking requirements.

            2.   Enclosed garage areas. Enclosed garage areas, which are not common spaces, of up to 300 square feet per vehicle space not exceeding a maximum of two vehicle parking spaces for each allowable dwelling unit permitted by this title.

               a.   This garage area deducted from floor area is awarded on a “per space basis” and shall be contiguous to a vehicular parking space. Each vehicular parking space shall be designed with direct and unobstructed vehicular access.

               b.   Alcoves, storage areas and mechanical areas which are located in a garage and which are 25% or more open to the garage area may be included in the garage area deduction.

               c.   Interior walls separating the garage from other areas of a structure may be included in the garage area deduction.

            3.   Attic areas with a ceiling height of five feet or less. Attic areas with a ceiling height of five feet or less, as measured from the topside of the structural members of the floor to the underside of the structural members of the roof directly above.

            4.   Attic areas with trusses. Attic areas created by construction of a roof with structural truss type members, provided the trusses are spaced no greater than 30 inches apart.

            5.   Attic areas with nontruss system. Attic areas created by construction of a roof structure utilizing a nontruss system, with spaces greater than five feet in height, if all of the following criteria are met:

               a.   The area cannot be accessed directly from a habitable area within the same building level;

               b.   The area shall have only the minimum access required by the Building Code from the level below;

               c.   The attic space shall not have a structural floor capable of supporting a “live load” greater than 40 pounds per square foot, and the “floor” of the attic space shall not be improved with decking;

               d.   It must be demonstrated by the architect that a “truss type” or similar structural system cannot be utilized as defined in the definition of floor area; and

               e.   It will be necessary that a structural element (i.e., collar tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy.

            6.   Crawl spaces.

               a.   Crawl spaces accessible through an opening not greater than 12 square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above.

               b.   Crawl spaces created by a “stepped foundation”, hazard mitigation or other similar engineering requirement that has a total height in excess of five feet may be excluded from GRFA calculations at the discretion of the Administrator.

            7.   Basements. On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The lowest level shall be the finished floor level with the lowest USGS elevation, including all floor levels within six vertical feet of the lowest level. A multi-unit building shall be considered one structure. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawl space or attic.

            8.   Vaulted spaces. Interior vaulted spaces and areas “open to below” with a floor to ceiling height less than 16 feet, as measured from the finished floor to the underside of the structural members of the floor/ceiling assembly above.

            9.   Roofed or covered decks and the like. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than 25% of the linear perimeter of the area of said deck, porch, terrace, patio or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to 44 inches in height and support posts with a diameter of 18 inches or less which are spaced no closer than ten feet apart. The space between the posts shall be measured from the outer surface of the post.

            10.   Airlock. All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of 25 square feet, providing such unit has direct access to the outdoors.

      (2)   Additional calculation provisions.

         (a)   Common interior party walls. Where more than one dwelling unit exists within a single structure, GRFA shall be measured for each dwelling unit from the center of common interior party walls to the outside face of the sheathing of the exterior walls.

         (b)   Greenhouse windows. Greenhouse windows (self-supporting windows) shall not be counted as GRFA. GREENHOUSE WINDOWS are defined according to the following criteria:

            1.   Distance above inside floor level. In order for a window to be considered a greenhouse window, a minimum distance of 36 inches must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet Building Code egress requirements.) The 36 inch minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot high greenhouse window to be used in a room with an eight foot ceiling height;

            2.   Projection. No greenhouse window may protrude more than 18 inches from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building;

            3.   Construction characteristics. All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a 45 degree angle. A small roof over the window may also be allowed provided the overhang is limited to four inches beyond the window plane;

            4.   Dimensional requirement. No greenhouse window shall have a total window surface area greater than 44 square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet and the maximum width for a four foot high self-supporting window is between six feet and eight feet (approximately 32 square feet). Since the window would protrude no more than 18 inches, the addition of side windows would bring the overall window area to approximately 44 square feet; and

            5.   Quantity. Up to two greenhouse windows will be allowed per dwelling unit, however, the 44 square foot size limitation will apply to the combined area of the two windows.

            6.   Site coverage. Greenhouse windows do not count as site coverage.

         (c)   Vaulted spaces. Any interior space with a floor to ceiling height of 16 feet or greater, as measured from the finished floor to the underside of the structural members of the floor/ceiling assembly above, shall be calculated as GRFA on two levels of a structure.

   (C)   Within all other districts.

      (1)   Gross residential floor area defined. The total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e., not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the following provisions

         (a)   Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then be deducted from total square footage:

            1.   Enclosed garages of up to 300 square feet per vehicle space not exceeding a maximum of two spaces for each allowable dwelling unit permitted by this title;

            2.   Attic space with a ceiling height of five feet or less, as measured from the topside of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than 30 inches apart;

            3.   Crawl spaces accessible through an opening not greater than 12 square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above; and

            4.   Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than 25% of the linear perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to 44 inches in height.

         (b)   Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth herein. Excluded areas as set forth shall then be deducted from the total square footage:

            1.   Enclosed garages to accommodate on site parking requirements;

            2.   All or part of the following spaces, provided such spaces are common spaces:

               a.   Common hallways, stairways, elevator shafts and airlocks;

               b.   Common lobby areas;

               c.   Common enclosed recreation facilities;

               d.   Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems;

               e.   Common closet and storage areas, providing access to such areas is from common hallways only;

               f.   Meeting and convention facilities;

               g.   Office space, provided such space is used exclusively for the management and operation of on site facilities; and

               h.   Floor area to be used in a Type III “employee housing unit (EHU)” as defined and restricted by Chapter 13 of this title.

            3.   All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of 25 square feet, providing such unit has direct access to the outdoors;

            4.   Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level;

            5.   Attic space with a ceiling height of five feet or less, as measured from the topside of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than 30 inches apart;

            6.   Crawl spaces accessible through an opening not greater than 12 square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above;

            7.   Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than 25% of the linear perimeter of the area of said deck, porch, terrace, patio or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to 44 inches in height and support posts with a diameter of 18 inches or less which are spaced no closer than ten feet apart. The space between the posts shall be measured from the outer surface of the post.

      (2)   Additional calculation provisions.

         (a)   Walls. Interior walls are included in GRFA calculations. For two-family and primary/secondary structures, common party walls shall be considered exterior walls.

         (b)   Greenhouse windows. Greenhouse windows (self-supporting windows) shall not be counted as GRFA. GREENHOUSE WINDOWS are defined according to the following criteria:

            1.   Distance above inside floor level. In order for a window to be considered a greenhouse window, a minimum distance of 36 inches must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet Building Code egress requirements.) The 36 inch minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot high greenhouse window to be used in a room with an eight foot ceiling height;

            2.   Projection. No greenhouse window may protrude more than 18 inches from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building;

            3.   Construction characteristics. All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a 45 degree angle. A small roof over the window may also be allowed provided the overhang is limited to four inches beyond the window plane;

            4.   Dimensional requirement. No greenhouse window shall have a total window surface area greater than 44 square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet and the maximum width for a four foot high self-supporting window is between six feet and eight feet (approximately 32 square feet). Since the window would protrude no more than 18 inches, the addition of side windows would bring the overall window area to approximately 44 square feet;

            5.   Quantity. Up to two greenhouse windows will be allowed per dwelling unit, however, the 44 square foot size limitation will apply to the combined area of the two windows; and

            6.   Site coverage. Greenhouse windows do not count as site coverage.

         (c)   Vaulted spaces. Vaulted spaces and areas “open to below” are not included in GRFA calculations.

         (d)   Garage credit.

            1.   Allowable garage area is awarded on a “per space basis”, with a maximum of two spaces per allowable unit. Each garage space shall be designed with direct and unobstructed vehicular access. All floor area included in the garage credit shall be contiguous to a vehicular space.

            2.   Alcoves, storage areas and mechanical areas which are located in the garage and which are 25% or more open to the garage area shall be included as garage credit.

            3.   Garage space in excess of the allowable garage credit shall be counted as GRFA.

      e.   Crawl and attic space.

            1.   Crawl spaces created by a “stepped foundation”, hazard mitigation or other similar engineering requirement that has a total height in excess of five feet may be excluded from GRFA calculations at the discretion of the Administrator.

            2.   If a roof structure is designed utilizing a nontruss system, and spaces greater than five feet in height result, these areas shall not be counted as GRFA if all of the following criteria are met:

               a.   The area cannot be accessed directly from a habitable area within the same building level;

               b.   The area shall have the minimum access required by the building code from the level below six square foot opening maximum);

               c.   The attic space shall not have a structural floor capable of supporting a “live load” greater than 40 pounds per square foot, and the “floor” of the attic space cannot be improved with decking;

               d.   It must be demonstrated by the architect that a “truss type” or similar structural system cannot be utilized as defined in the definition of GRFA; and

               e.   It will be necessary that a structural element (i.e., collar tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy.

(Ord. 13(1997) § 3; Ord. 3(1999) § 8; Ord. 6(2000) § 5; Ord. 5(2003) §§ 16, 17; Ord. 14(2004) § 13; Ord. 29(2005) § 35; Ord. 25(2011) §§ 1, 2, 3, 4; Ord. 2(2012) §§ 8, 9; Ord. 16(2016) §§ 1, 2; Ord. 25(2021) § 1; Ord. 19(2023) § 4; Ord. 6(2024) § 9)

   (A)   Purpose. This section provides for flexibility and latitude with the use of interior spaces within existing dwelling units that meet or exceed the allowable gross residential floor area (GRFA). This would be achieved by allowing for the conversion of existing interior spaces such as vaulted spaces, crawl spaces and other interior spaces into floor area, provided the bulk and mass of the building is not increased. This provision is intended to accommodate existing homes where residents desire to expand the amount of usable space in the interior of a home. The town has also recognized that property owners have constructed interior space without building permits. This provision is also intended to reduce the occurrence of interior building activity without building permits and thereby further protecting the health, safety, and welfare of the community.

   (B)   Applicability. Within all zone districts except the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS) and Vail Village Townhouse (VVT) Districts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied.

      (1)   Any existing dwelling unit shall be eligible to add GRFA, via the “interior space conversion” provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein.

      (2)   For the purpose of this section, EXISTING UNIT shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final Design Review Board approval prior to August 5, 1997.

   (C)   Standards.

      (1)   No application to add floor area pursuant to this section shall be made until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application to add floor area that utilizes all allowable GRFA for the property.

      (2)   Applications to add floor area pursuant to this section shall be constructed utilizing the floor area or volume of the building that is in existence prior to August 5, 1997. New structures or exterior additions to existing structures built after the effective date hereof will not be eligible for interior conversions. Examples of how floor area can be increased under the provision of this section include the conversion of existing basement or crawl spaces to GRFA, the addition of lofts within the building volume of the existing building, and the conversion of other existing interior spaces such as storage areas to GRFA.

      (3)   Proposals for GRFA pursuant to this section may involve exterior modifications to existing buildings, however, such modifications shall not increase the building bulk and mass of the existing building. Examples of exterior modifications which are considered to increase building bulk and mass include, but are not limited to, the expansion of any existing exterior walls of the building, regrading around a building in a manner which exposes more than two vertical feet of existing exterior walls and the expansion of existing roofs. Notwithstanding the two vertical foot limitation to regrading around a building described above, additional regrading may be permitted in order to allow for egress from new interior spaces. The extent of such regrading shall be limited to providing adequate egress areas for windows or doors as per the minimum necessary requirement for the adopted Building Code. Examples of exterior modifications which are not considered to increase building bulk and mass include, but are not limited to, the addition of windows, doors, skylights, and window wells. Subject to design approval, dormers may be considered an exterior modification in conjunction with interior conversions permitted by this section. Prior to approval of proposed dormers or regrading for windows or doors as described above, the staff or the Design Review Board shall find that they do not add significantly to the bulk and mass of the building and are compatible with the overall scale, proportion and design of the building. For the purpose of this section, DORMERS are defined as a vertical window projecting from a sloping roof of a building, having vertical sides and a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed 50% of the length of the sloping roof, per roof plane, from which the dormer(s) projects.

      (4)   Proposals for the utilization of interior conversion GRFA pursuant to this section shall comply with all town zoning standards and applicable development standards.

      (5)   Floor area within a garage that was originally approved through the garage space credit may not be converted to GRFA pursuant to this section.

   (D)   Process. Applications shall be made to the Department of Community Development staff on forms provided by the Department. Applications for interior conversions to single-family, two-family, primary/secondary or multi-family dwelling units located in a special development district (SDD) pursuant to this section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners’ association shall be required. This can be either in the form of a letter of approval or signature on the application. The planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion section. Submittals shall include:

      (1)   Application fees pursuant to the current fee schedule;

      (2)   Information and plans as set forth and required by § 12-11-4(C) of this title or as determined by the Department of Community Development staff. Applicants need to submit as built floor plans of the structure so that staff can identify the existing building from any new additions that have occurred after the approval of this chapter;

      (3)   Proposals deemed by the Department of Community Development staff to be in compliance with this section and all applicable zoning and development regulations shall be approved by the Department of Community Development or shall be forwarded to the Design Review Board in accordance with Chapter 11 of this title. Proposals deemed to not comply with this section or applicable zoning and development regulations shall be denied.

      (4)   Upon receiving approvals pursuant to this section, applicants shall proceed with securing a building permit prior to initiating construction of the project.

      (5)   Any decisions of the Department of Community Development pursuant to this section may be appealed by any applicant in accordance with the provisions of § 12-3-3 of this title.

(Ord. 13(1997) § 3; Ord. 16(1998) § 1; Ord. 24(2000) § 2; Ord. 31(2001) § 11; Ord. 14(2004) §14; Ord. 29(2005) § 36; Ord. 2(2012) § 10; Ord. 27(2016) § 4)

   (A)   Purpose. The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five years by permitting the addition of up to 250 square feet of gross residential floor area (GRFA) to such dwelling units, provided the criteria set forth in this section are met. This section does not assure each single-family or two-family dwelling unit located within the town an additional 250 square feet, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties and applicable town development standards. The 250 square feet of additional gross residential floor area may be granted to existing single-family dwellings, existing two-family and existing multi-family dwelling units only once, but may be requested and granted in more than one increment of less than 250 square feet. Upgrading of an existing dwelling unit under this section shall include additions thereto or renovations thereof, but a demo/rebuild shall not be included as being eligible for additional gross residential floor area.

   (C)   Single-family dwellings and two-family dwellings in zone districts other than the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS) And Vail Village Townhouse (VVT) Districts. A single-family or two-family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of 250 square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single-family or two-family dwelling unit shall meet the following criteria.

      (1)   Eligible time frame. A single-family or two-family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed Design Review Board application for the original construction of said unit has been accepted by the Department of Community Development by November 30, 1995. In addition, at least five years must have passed from the date the single-family dwelling or two-family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling.

      (2)   Use of additional floor space. Proposals for the utilization of the additional gross residential floor area (GRFA) under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Planning and Environmental Commission pursuant to Chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final Planning and Environmental Commission approval or the approval for additional GRFA shall be voided.

      (3)   Garage conversions.

         (a)   If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless:

            1.   Either the conversion will not reduce the number of enclosed parking spaces below the number required by this code; or

            2.   Provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this code.

         (b)   Plans for a new garage or enclosed parking area, if required, shall accompany the application under this section, and shall be constructed concurrently with the conversion.

      (4)   Parking. Any increase in parking requirements as set forth in Chapter 10 of this title due to any GRFA addition pursuant to this section shall be met by the applicant.

      (5)   Conformity with guidelines. All proposals under this section shall be required to conform to the design review guidelines set forth in Chapter 11 of this title. A single-family or two-family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in Chapter 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single-family or two-family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required.

      (6)   Applicability. No pooling of gross residential floor area shall be allowed in single-family or two-family dwelling units. No application for additional GRFA shall request more than 250 square feet of gross residential floor area per single-family dwelling or two-family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property.

      (7)   One time grant. Any single-family or two-family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo/rebuild, shall be rebuilt without the additional GRFA as previously approved.

      (8)   Demo/rebuild not eligible. Any single-family or two-family dwelling unit which is to be demo/rebuild shall not be eligible for additional GRFA.

      (9)   Nonconforming structures and site improvements. Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section.

   (D)   Multi-family dwellings. Any dwelling unit in a multi-family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of 250 square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria.

      (1)   Eligible time frame. A multiple-family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed Design Review Board application for the original construction of said unit has been accepted by the Department of Community Development by November 30, 1995. In addition, at least five years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building.

      (2)   Use of additional floor space. Proposals for the utilization of the additional GRFA under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Planning and Environmental Commission pursuant to Chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final Planning and Environmental Commission approval or the approval for additional GRFA shall be voided.

      (3)   Parking area conversions. Portions of existing enclosed parking areas may be converted to GRFA under this section if there is no loss of existing enclosed parking spaces in said enclosed parking area.

      (4)   Parking requirements observed. Any increase in parking requirements due to any GRFA addition pursuant to this section shall be met by the applicant.

      (5)   Guideline compliance; review. All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in Chapter 11 of this title. Existing properties for which additional GRFA is proposed shall be required to meet minimum town landscaping standards as set forth in Chapter 11 of this title. General maintenance and upkeep of existing buildings and sites, including the multi-family dwellings, landscaping or site improvements (i.e., trash facilities, berming to screen surface parking and the like) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the multi-family dwelling site and building have been completed as required.

      (6)   Condominium association submittal. An application for additional GRFA shall be made on behalf of each of the individual dwelling unit owners by the condominium association or similar governing body.

      (7)   Applicability. The provisions of this section are applicable only to GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed in multi-family dwellings. No application for additional GRFA shall request more than 250 square feet of gross residential floor area per dwelling unit nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property. When exterior additions are proposed to a multi-family structure, the addition of the GRFA shall be designed and developed in context of the entire structure.

      (8)   Nontransferable to demo/rebuild. Any building which has previously been granted additional GRFA pursuant to this section and is demo/rebuild, shall be rebuilt without the additional GRFA as previously approved.

      (9)   Demo/rebuild not eligible. Any multiple-family structure or dwelling unit which is to be demo/rebuild shall not be eligible for additional GRFA.

      (10)   Nonconforming structures and site improvements. Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section.

   (E)   Procedure.

      (1)   Application; content. Application shall be made on forms provided by the Department of Community Development. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners’ association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include:

         (a)   A fee pursuant to the current schedule shall be required with the application;

         (b)   Information and plans as set forth and required by § 12-11-4(C) of this title; and

         (c)   Any other applicable information required by the Department of Community Development to satisfy the criteria outlined in this section.

      (2)   Hearing set; notice. Upon receipt of a completed application for additional GRFA, the Design Review Board shall set a date for a hearing in accordance with § 12-11-4(C)(2) of this title. The hearing shall be conducted in accordance with § 12-11-4(C)(2) and (C)(3) of this title.

      (3)   Compliance required. If the Department of Community Development staff determines that the site for which additional GRFA is applied for pursuant to this section does not comply with minimum town landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said town minimum standards, which plans and materials shall be reviewed by and approved by the Department of Community Development.

      (4)   Building permit. Upon receiving the necessary approvals pursuant to this section, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA.

(Ord. 13(1997) § 3; Ord. 16(1998) § 2; Ord. 24(2000) § 2; Ord. 5(2001) § 4; Ord. 14(2004) § 15; Ord. 29(2005) § 37; Ord. 2(2012) § 11; Ord. 27(2016) § 5; Ord. 19(2023) § 5)