(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.
(B) Applicability. The provisions of this section shall apply to dwelling units in all zone districts except the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Vail Village Townhouse (VVT), and West Vail Multi-Family Overlay (WVMF) Districts.
(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.
(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)