(A) Scope. No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision, but should still comply with the Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines.
(B) Violation. It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the Administrator and/or the Design Review Board and the Building Official.
(C) Nonconforming sites and structures; effect of design guidelines.
(1) Buildings and sites which are not in conformance with the design guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), gross floor area, commercial floor area or garage area credit is added to any existing structure or site. Nothing in this code shall be deemed to retroactively require conformance with design guidelines for existing buildings or sites unless specifically required by this code.
(2) From the effective date of July 21, 1998, there shall be permitted a one-time exclusion from this provision for an expansion to single-family, two-family and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of 500 square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to entire structures and sites to conform to the design guidelines. The addition itself, however, shall conform to the design guidelines. An expansion which is greater than 500 square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines.
(3) General maintenance and upkeep of a property shall continue to be required regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the Design Review Board, pursuant to the design guidelines, from requiring landscaping and other improvements necessary to buffer or mitigate development impacts associated with the expansion/remodel.
(4) Expansions made pursuant to § 12-15-5 of this title shall require full compliance of the entire dwelling unit with the design guidelines. Interior conversion additions pursuant to § 12-15-4 of this title shall not trigger the requirement for upgrading sites and structures to fully comply with the design guidelines, unless it can be classified as a “demo/rebuild”, pursuant to § 12-2-2 of this title.
(Ord. 39(1983) § 1; Ord. 10(1998) § 1; Ord. 29(2005) § 30; Ord. 19(2019) § 4, Attachment B; Ord. 7(2022) § 1)