(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)