1. Nonresidential uses such as churches, schools, office, commercial, or industrial uses, etc., proposed in Residential Districts shall utilize a conversion factor of one unit equals 1,000 square feet of allowed floor area. Residential uses proposed in Nonresidential Districts shall utilize a conversion factor of 1,000 square feet of allowed floor area equals one unit. These conversion factors shall hold true for remodels, conversions, and new construction.

2. Square footage shall be calculated by counting the following floor areas against the density calculations:

Commercial: Density shall be calculated by adding the total square footage of each floor of the building. Except as provided below, this shall include any basement areas or storage areas, no matter what the proposed use shall be, and shall be measured from the outside of the exterior walls. Exceptions: a) any portion of a basement area of a "Town designated landmark" as defined in chapter 11 of this title, which is: 1) located directly underneath the existing building, and 2) completely or partially buried below grade, shall not be counted toward allowed density for such building so long as the historic USGS floor elevation of the building is maintained; and b) any underground portion of a building which is used to provide required or approved parking for the project. These exceptions shall not apply to any other provision of this code.

Residential:

"Single-family" – the total square footage of the building from the outside of the exterior walls shall constitute the proposed density. This shall include any basement areas (finished or unfinished), entryways, and all unfinished areas that have greater than 5 feet of ceiling height, including garages but excluding crawl spaces and attics; provided, however, if a deed restricted or market rate single-family or duplex structure located within the Wellington, Wellington II or Lincoln Park Subdivisions contains or proposes a garage, the measurement of aboveground density defined above in this section applies only to that portion of the garage that exceeds 500 square feet when a bonus room or carriage house is proposed or existing.

"Townhouses and duplexes" – same as for single-family.

"Multifamily" – the total square footage of the residential portions of the building from the outside of the exterior wall to the outside of the interior wall, if adjacent to a common area, or to the outside of the other exterior wall if not. Common areas such as lobbies, hallways, and amenity areas shall be counted against the density.

"Hotels, lodges, etc." – same as for multifamily.

Exception: Any portion of a basement area of a "town designated landmark" as defined in chapter 11 of this title, which is: (a) located directly underneath the landmark building, and (b) completely or partially buried below grade, shall not be counted toward allowed density for such building under this policy so long as the historic USGS floor elevation of the building is maintained. This exception shall not apply to any other provision of this code.

3. Within land use districts where duplexes are allowed at an unlimited square footage, duplexes proposed on lots designated on an approved plat as being a single-family lot shall be assessed as being one hundred percent (100%) over density; while duplexes proposed on lots designated on an approved plat as being a duplex lot shall be assessed as being within density.

4. Within land use districts where the allowed density is designated in terms of floor area ratio for commercial uses and units per acre for residential uses, the allowed density for a project containing both residential and commercial uses shall be calculated on a pro rata basis determined by the allowed percentages of the residential and commercial densities. For purposes of this section, "commercial uses" shall mean all nonresidential uses.

5. Density transferred from the Upper Blue River Basin into the town shall use a conversion factor of one development right = one SFE or unit according to the conversion table under subsection B of this section. Fractions of a development right shall be converted to an equal fraction of a unit.

6. The density of property located in Land Use District 1 which is proposed to be used as an interpretative building in a public park shall not be counted under section 9-1-19-3R, "Policy 3 (Relative) Compliance With Density/Intensity Guidelines", of this chapter if the Planning Commission finds that the proposed use is appropriate for the site based upon good planning practices as reflected by the other absolute and relative development policies of this chapter, and other relevant Town planning policies, documents and the town master plan.

7. For any building which achieves net zero energy use, a net zero energy building, and which uses a double exterior wall system, the computation of density shall be based on a fully enclosed space that is measured from the midpoint of the wall system, measuring from the area of the midpoint line between the interior wall and surrounding exterior wall that extends to a roof of a building or portion thereof including dwelling areas of the building, closets, bathrooms, living room, garage space of single-family, duplexes, and townhomes, interior hallways, interior common spaces, commercial storage and basement areas, and all areas of the building that are unfinished but have a floor to ceiling height of 5 feet or greater. Building areas that are not fully enclosed and feature portions of open or mesh wall that exceed 12 inches vertically and are entirely permeable across at least one (1) façade such as trash dumpster enclosures, parking garages, porches and similar areas shall not be counted as density. An energy analysis prepared by a registered design professional, using an approved simulation tool, will be required at the time of development permit application submittal demonstrating that the proposed design will achieve a net zero energy outcome.

1. A maximum of ten percent (10%) of the density of a project which is located outside of the Conservation District shall be excluded from the calculated density of a residential project if such density is used to construct "employee housing" as defined in section 9-1-5 of this chapter. A development with a commercial component shall not be eligible for this density exclusion. An employee housing unit which is located within the Conservation District shall count against the density and mass of the project for which such unit was provided. Employee housing units that are condominiums shall be calculated as 1,200 square feet under subsection B of this section.

2. There shall be no density bonus or adjustment allowed for employee housing constructed as part of a project located within the Conservation District.

3. Notwithstanding subsection D(1) of this section, a project located outside of the Conservation District which consists of all employee housing units as herein defined, shall be allowed one hundred fifteen percent (115%) of its otherwise permitted density under the controlling development policy or document, including, but not limited to, the land use guidelines, master plan, planned unit development agreement or other controlling site specific rule, regulation or court order.

4. In connection with the annexation to the town of real property, the town shall establish the density for the property in accordance with the Summit County zoning density for residential uses or the town land use guideline recommended density, whichever is less. Density recommended for nonresidential uses under Summit County zoning shall not be recognized by the town. If upon such property there is to be constructed a project which includes one or more employee housing units as herein defined, the town may establish a density that exceeds the lesser of the County or Town density, for the portion of the property devoted to employee housing.

5. Any employee housing which is excluded from a project's density calculation or which is part of a project for which additional density is allowed pursuant to this subsection D shall be subject to the provisions and requirements of this policy and section 9-1-19-24R, "Policy 24 (Relative) Social Community", of this chapter.

1. Where community facilities and institutional uses are proposed, no density shall be required to be transferred to subject property to account for the density associated with the community facility or institutional use.

1. Where a development project is proposed to exceed the permitted density of the property as identified under the controlling development policy or document, including, but not limited to, the land use guidelines, master plan, development agreement, or other controlling site specific rule, regulation or court order, then a transfer of density must be enacted pursuant to section 9-1-17-12 of this chapter and as further controlled by other sections in this code.

1. Within the Main Street residential/commercial, south end residential, and South Main Street character areas a maximum of 12.0 units per acre for aboveground density for new construction is allowed. Projects within such areas which contain 12.01 units per acre, or more, of aboveground density shall be deemed to have failed this policy for failing to meet a priority policy.

2. 

3. For the purposes of this chapter, "aboveground density" shall mean that portion of the density of a structure that is above finished grade. If a structure has a foundation wall that is exposed more than 2 feet above finished grade, a portion of the allowable above grade density for such structure shall be assessed to the floor which is partially below grade in accordance with priority policy 80B of the "Handbook of Design Standards" adopted by section 9-5-3 of this title.

Within the Historic District a 1,600 square foot multiplier is used to calculate the allowed aboveground density for any use. For example, a typical 50-foot by 125-foot aboveground density for any use (0.143 acre x 1,600 x 9 UPA).

If a single-family or duplex structure located within the Historic District contains a historic garage, barn or shed that does not qualify as dwelling area, the measurement of the density shall be excluded. All nonhistoric garage, barn and shed square footage shall count as density; provided, however, that where residences within the historic district either propose or have an existing garage and/or shed with no livable (finished) space, up to 500 square feet of that area may be exempted from the density calculations.

4. All spaces with vaulted ceilings that have a wall plate height over fourteen feet (14') shall be double counted toward the allowable aboveground density (8 foot first floor plate height, 1 foot floor system, 5 foot plate height for a potential second floor).

5. In connection with permit applications for projects within the Historic District which involve "preserving", "restoring", or "rehabilitating" a "landmark structure", "contributing building", or "contributing building with qualifications" (as those terms are defined in the "Handbook of Design Standards for the Historic and Conservation Districts"), true one-story historic buildings with a first floor plate height of less than ten feet (10') shall not have the density in the attic space counted toward aboveground density, provided that there are no dormers, windows, or skylights that are added to the attic space of the historic building.

1. For any development permit application submitted on or after November 11, 2009, the maximum aboveground square footage of a single-family or duplex structure located on a lot, tract or parcel without a platted building or disturbance envelope shall be the lesser of:

Real property that has a platted building or disturbance envelope, or with a density or mass determined by an active master plan or planned unit development or is within the Conservation District, is not subject to this policy.

The floor area ratio and maximum aboveground square footage of any lot, tract or parcel of land without a platted building or disturbance envelope located outside of the Conservation District that is not listed in the table above shall be determined by the director. In making such determination, the director shall consider the applicable floor area ratio and maximum aboveground square footage of adjacent subdivisions or geographic areas, and shall establish the applicable floor area ratio and maximum aboveground square footage so that it will be compatible with the character of the area in which the lot, tract or parcel of land is located.

2. Damage or Destruction: If a single-family or duplex structure that was lawfully constructed before the date described in subsection I(1) of this section is damaged or destroyed by fire or other calamity it may be rebuilt to the same size that existed immediately prior to the fire or other calamity. However, except as provided in the preceding sentence, the provisions of section 9-1-12 of this chapter shall apply to the repair or reconstruction of such single-family or duplex structure.

3. Additional Square Footage: For any single-family or duplex structure existing or for which a development permit has been issued before the date described in subsection I(1) of this section:

4. Alternative Allocation of Additional Square Footage: For any duplex structure that is subject to the provisions of subsection I(3)(a) of this section, if each duplex unit has the same aboveground square footage each duplex unit shall be allocated an additional 250 square feet of allowed aboveground square footage. If either of the duplex units has a greater amount of aboveground square footage than the other duplex unit, the smaller duplex unit shall receive so much of the additional aboveground square footage as is required to make it equal to the aboveground square footage of the larger duplex unit, and the remaining additional aboveground square footage shall be divided equally between the two (2) duplex units. If both duplex owners agree to an alternative allocation of the duplex's additional 500 square feet of allowed aboveground square footage, the town may approve such alternative allocation if both owners submit an agreement in a form acceptable to the town attorney prior to the submission of any application for a development permit that involves the use of any of the duplex's additional 500 square feet of aboveground square footage. The duplex owners' agreement for an alternative allocation of the additional aboveground square footage must be recorded in the real property records of the clerk and recorder of Summit County prior to the issuance of a development permit for the use of such additional square footage, and must run with the land and be binding upon all subsequent owners of the two (2) duplex units.

5. Density Allowance For On-Site Renewable Energy Mechanical System in Multifamily and Commercial Uses: The goal of this subsection is to encourage renewable energy production in existing multifamily and commercial structures. This subsection is not applicable to new construction. This subsection seeks to improve energy efficiency by permitting existing nonconforming structures to install appropriate on-site renewable energy mechanical systems to help protect the health, safety, and welfare of the community.