HomeMy WebLinkAbout17. 12-112
FEBRUARY 28, 2012 MARCH 13, 2012 12-69 12-112 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE AMENDMENT TO CHAPTER 30 ZONING
ORDINANCE TO REPEAL AND RECREATE SECTION 30-35(I)(5)
MECHANICAL EQUIPMENT SCREENS
INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING
ORDINANCE TO REPEAL AND RECREATE MECHANICAL EQUIPMENT
SCREENING REQUIREMENTS
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30-35(I)(5) Mechanical Equipment Screens is hereby
repealed and recreated to read as follows:
30-35 (I) (5) Mechanical Equipment Screens
The screening of mechanical equipment and utilities shall be regulated as follows:
(a) Mechanical Equipment. Mechanical equipment is defined as devices installed for a
use appurtenant to the property or structures primary use. Mechanical equipment
includes but is not limited to:
(i) HVAC equipment
(ii) Transformers
(iii) Gas and electric meters
(iv) Utility related equipment
(v) Exhaust fans (external to building)
(vi) Louvers/Vents
(vii) Industrial process equipment
(b) Exemptions. For purposes of this section, mechanical equipment that shall be
exempt from this screening policy because of functional concerns includes:
(i) Satellite dishes
(ii) Antenna, except telecommunication facilities which are regulated in Section
30-35 of the Zoning Ordinance.
(iii) Industrial smoke stacks
(iv) Wind and solar energy units
FEBRUARY 28, 2012 MARCH 13, 2012 12-69 12-112 ORDINANCE
FIRST READING SECOND READING CONT'D
(c) General Applicability.
(i) The screening of mechanical equipment and utilities shall be required for all
uses as regulated in this ordinance except for single and two-family
residential uses and those exempted in other sections of the Municipal Code.
(ii) Table A addresses the applicability of the screening requirements for various
situations such as unit replacements, building additions, etc.
Table A
, ,,. Fr Ti.7,-Fr-t__::-.. .---f7;"-nr:tt-:=_$1,3-,11*'''? 'llt '',0i7tA
�a k �ie ��.
4 • e C B 9 • ,aft • t =
Replacement Not Required Required Required
Relocation Not Required Required Required
Required, when single
or cumulative additions
Additions (Physical exceed 50% of the floor
Bldg. Addition) area or original building Required Required
Additional
Mechanical Units to
Existing Buildings Not Required Required Required
New Buildings N/A N/A Required
* Pre-ordinance construction refers to building permits issued before July 1, 1996
** Post ordinance construction refers to building permits issued on or after July 1,
1996
(iii) Table B addresses the applicability of the screening requirements for
commercial and industrial uses in manufacturing and commercial zoning
districts.
Table B
# ., 3q.g, r
.
**
Industrial Use in Manufacturing Zones* —
Side Yard, Rear Yard, and Rooftop Applications Screening Not Required
Industrial Use in Manufacturing Zones —
Street Yard Placement Screening Required
Non Industrial Uses in Manufacturing Zones Screening Required
Commercial and Industrial Uses in Commercial Zones Screening Required
FEBRUARY 28, 2012 MARCH 13, 2012 12-69 12-112 ORDINANCE
FIRST READING SECOND READING CONT'D
*** Except in the Highway 41 Corridor Overlay District, on sites located on Principal
Arterial Streets and when adjacent to residential uses.
(iv) Situations which change the status of a conforming mechanical equipment
installation to nonconforming status such as a change in zoning or
establishment of a use shall be regulated as set forth in the Municipal Code
Section 30-4 Nonconforming Structure and Use Regulations.
(d) Screening Design Standards. Screening for mechanical equipment fall into the
categories of ground mounted, building mounted and roof-mounted. The design
standards below address minimum requirements for each.
(i) Ground-mounted equipment. Ground mechanical equipment must be hidden
from view through the use of one or more of the following:
(aa) Earth berms at a minimum height to fully screen the equipment from
the right-of-way or other users of the site.
(bb) Landscaping that is 90% impervious to site during all seasons of the
year.
(cc) Solid/opaque fencing and/or walls, which are sensitive to and coherent
with the primary building architecture and/or other elements of the site.
(ii) Building mounted equipment. Building mounted equipment installed on the
façade visible from an adjacent public right-of-way, residential use or
residential district must be disguised with screening that shall :
(aa) Be architecturally compatible with the primary structure to which they
are attached. Building materials shall be or appear to be identical to or
substantially similar to the façade of the building on which they are
located.
(bb) Be incorporated as part of the building wall, such as flush mounted
vents.
(cc) Be sensitive to and consistent with the color of the existing structure to
which they are attached.
(iii) Roof-mounted equipment. Roof-mounted equipment shall be screened,
preferably by parapet walls. Other acceptable screen types shall:
(aa) Be architecturally compatible with the primary structure to which they
are attached. Building materials shall be identical to or substantially
similar to the building on which such items are located.
(bb) Be sensitive to and consistent with the color of the existing structure to
which they are attached.
FEBRUARY 28, 2012 MARCH 13, 2012 12-69 12-112 ORDINANCE
FIRST READING SECOND READING CONT'D
(cc) Designed in a way to be an integral part of the building's architectural
design and give the impression that it is something other than a
mechanical screen.
(e) Screening Distance. Mechanical equipment is considered to be screened if not
visible from any portion of the adjacent street right-of-way or adjacent property lines
as measured at a height of 5 feet from the sidewalk/curb elevation or from the grade
of the centerline of the street, if no walk or curb is present.
(i) Exceptions can be made for elevated roads that are of a considerable higher
grade from that of the mechanicals; for drastic grade changes; or other
condition as determined by the Zoning Administrator.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #12-112 APPROVE AMENDMENT TO CHAPTER 30 ZONING
ORDINANCE TO REPEAL AND RECREATE SECTION 30-35(1)(5) MECHANICAL
EQUIPMENT SCREENS on March 13, 2012. The full text of the Ordinance may be
obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at
www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
(4)
OJHKOJH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: February 23, 2012
RE: Approve Amendment to Chapter 30 Zoning Ordinance to Repeal and Recreate Section
30-35 (I)(5) Mechanical Equipment Screens (Plan Commission recommends approval)
BACKGROUND
Attached please find Zoning Ordinance Section 30-35 (I), which is the City's current regulation for
screening of all rooftop and ground mounted mechanical equipment and utilities within the city. The
Department of Community Development is requesting review and approval of an amendment to the
current ordinance, also attached, to address the vague nature of the language used in the existing code.
ANALYSIS
This "clean-up" code revision is necessary because of the vague language in the existing code and the
inflexible "one size fits all"requirement for full screening of all mechanical equipment and utilities for
all uses. As the code exists, it has been difficult for developers and property owners to know when the
screening requirements apply and to understand exactly what is meant by the regulation to have
equipment`fully screened'. The existing code is also problematic for staff to enforce as it does not
provide direction for minimum standards and there is a lack of clarity as to what constitutes acceptable
screening material and at what distance. The proposed draft ordinance is designed to address these
issues and focuses on definition, applicability and screening design and distance.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its February 7, 2012 meeting.
Approved,
City Manager
ITEM: PROPOSED TEXT AMENDMENT TO ZONING ORDINANCE
CHAPTER 30, SECTION 30-35 (I)(5) MECHANICAL EQUIPMENT
SCREENS
Plan Commission meeting of February 7, 2012
This item was laid over from the Plan Commission meeting of January 17, 2012 in order to address
the following questions and concerns generated during the Plan Commissions discussion:
1. Address telecommunications equipment in relation to the screening exemption.
2. Address screening for industrial uses adjacent to residential uses
3. Reference the Nonconformity Ordinance to address situations where zoning is changed
after mechanical equipment is installed
4. Clarify design standards for building mounted equipment
Changes have been made to the draft ordinance that addresses the items above. Deletions are in
gtrikethrough and additions are in bold.
The following staff report is identical to the original report.
GENERAL INFORMATION
Applicant: Department of Community Development
Owner: N/A
Actions Requested:
The Department of Community Development requests review and approval of an amendment to
the City of Oshkosh Zoning Ordinance repealing and recreating Section 30-35 (I)(5) Mechanical
Equipment Screens, which is a portion of Article XI: Additional Standards and Exceptions.
Applicable Ordinance Provisions:
Section 30-8 of the Zoning Ordinance establishes the ability of the Common Council, after first
submitting the proposal to the City Plan Commission, to amend, supplement or change district
boundaries or the regulations herein.
ANALYSIS
Attached please find Zoning Ordinance Section 30-35 (I), which is our current regulation for the
screening for all rooftop and ground mounted mechanical equipment and utilities within the city.
Also attached, please find the draft rewrite of the mechanical equipment and utilities screening
regulation for your review and consideration.
This "clean-up" code revision is necessary because of the vague nature of the language used in the
existing code and the inflexible "one size fits all"requirement for full screening of all mechanical
equipment and utilities for all uses. As the code currently exists, it has been difficult for
developers/property owners to know when the screening requirements apply and to understand
exactly what is meant by the regulation to have equipment "fully screened". The existing code
has also been problematic for city staff to enforce as it does not provide direction for minimum
standards or how the regulation fits with specific circumstances. Additionally, there is a lack of
clarity within the existing code as to what constitutes acceptable screening material and at what
distance mechanicals and utilities must not be visible.
The draft regulation is designed to address these issues and make the regulation more appropriate
for different situations as well as to provide clarity to the development community and staff on
what is intended by the regulation. The draft code focuses on:
1. Definition: Providing a definition of what mechanical equipment and utilities are.
2. Applicability: What situations constitutes when mechanical equipment and utility screens
are to be required.
3. Screening Design: What is appropriate screening element design for mechanical
equipment and utilities.
4. Screening Distance: From what distance and viewpoint is considered"fully screened".
A workshop was conducted following the Plan Commission meeting of February 1, 2011 to review
and discuss the subject code amendment. Comments that received consensus by the Plan
Commission at the workshop have been incorporated into the draft including:
1. Adding an exclusion for specific devices based on their functional need to be visible,
2. Requiring replacement mechanical equipment on post ordinance construction
(nonconforming) structures to be screened, and
3. Adding a provision that fencing or walls used for screening to be solid/opaque.
A concern that was expressed at the workshop that did not receive obvious consensus and is not
included in the draft is:
1. Requiring single and two-family residential uses to also be regulated by the mechanical
equipment screening policy.
RECOMMENDATION/CONDITIONS
Based on the information contained in this report and the content of the draft document, staff
recommends the Plan Commission recommend the Common Council repeal the existing Zoning
Code Section 30-35 (I): Mechanical Equipment Screens and recreate it as proposed.
The Plan Commission approved of the text amendment to the Zoning Ordinance for Mechanical
Equipment Screens as requested. The following is the Plan Commission's discussion on this item.
January 17, 2012 meeting
Mr. Buck presented the item and stated that a workshop had been held last year to discuss this
proposed amendment. He further stated that the text amendment is a clean-up code revision and
he reviewed the current code language and the proposed amendment. He discussed definitions,
applicability, screening design, and screening distance. The proposed text amendment was
reviewed by the Inspections Advisory Committee and they had no concerns with the ordinance
language.
Item-Z.O.text amendment mechanical equipment screening 2
Mr. Thorns commented that antenna were listed under exempt equipment and questioned how this
would impact items such as the one recently reviewed for telecommunication antennae on
Mainview Apartments.
Mr. Buck responded that telecommunication antennae are not exempt and the exemption was
meant to be for standard antenna.
Mr. Thorns stated that it was necessary to define this in the ordinance.
Mr. Buck indicated that the language could be revised to "antenna except telecommunication
equipment".
Mr. Thorns also had concerns with industrial uses in manufacturing zones not requiring screening
as it was possible that it could be an industrial zone but adjacent to residential use.
Mr. Buck responded that in that case, there would.be a 25 foot landscape area as a buffer to the
residential use which would address the issue.
Mr. Thorns felt that there should be wording incorporated into the ordinance that addresses this
issue as it was confusing.
Mr. Buck stated that language could be added to address industrial uses adjacent to residential
uses.
Mr. Thorns then questioned what would occur when the zoning designation is changed on a
property.
Mr. Buck responded that the ordinance that regulates nonconforming uses would address these
situations and that both the antenna and nonconforming uses are defined in other sections of the
zoning ordinance.
Mr. Thorns stated that the language in this amendment should include "except as exempted in
other areas of the code".
Ms. Lohry felt that there should not be any exemptions in the Highway 41 Corridor Overlay
District.
Mr. Buck responded that the ordinance could not address this issue in some cases in this area due
to the change in grade and height of some structures in this area.
Ms. Propp questioned if schools and churches in residential zoning districts would fall under the
code requirements.
Mr. Buck replied affirmatively and stated that single and two-family uses were the only
exemptions.
Mr. Thorns requested an explanation of the Highway 41 Corridor Overlay District and if the
screening requirements would apply in this area.
Item-Z.O.text amendment mechanical equipment screening 3
Mr. Buck indicated that it was the area within 1000 feet of the highway and the screening
requirements would apply.
Mr. Bowen questioned what method of screening would be acceptable for air conditioning units.
Mr. Buck responded that the units could either be built inside the wall or camouflaged by blending
it into the color of the structure if on the exterior.
Mr. Bowen stated that he was concerned with the functionality of some mechanicals with
screening.
Mr. Buck indicated that the Board of Appeals could grant a variance in some cases when
circumstances would not allow the required screening.
Mr. Bowen also questioned if transformers for utilities would be covered under this ordinance.
Mr. Buck replied that they would be if located on private property however it would not address
these units if located in the right-of-way.
Mr. Bowen commented that gas and electric meters need to be accessible and questioned what
constitutes sufficient screening in these cases.
Mr. Buck responded that arborvitae with a landscaping bed are the usual methods for screening for
these types of mechanicals as they still provide the appropriate screening from a distance.
Mr. Bowen also questioned what type of materials would be considered identical or similar for
screening roof mounted equipment on a brick building.
Mr. Buck replied that it was a judgment call but brick colored vinyl products would be adequate.
Mr. Burich added that the materials used would have to be compatible with the structure.
Mr. Buck stated that this item could be laid over if the Commission members felt that another
workshop was necessary to further discuss the issue before voting on this request.
Mr. Bowen felt that another workshop was probably not necessary but a few tweaks to the
language should be considered and the request could be laid over until the next meeting.
Mr. Burich commented that Commission members should provide comments to staff indicating
what changes were being requested prior to the next meeting.
Mr. Hinz questioned if the screening was required from a height of five feet, what would prevent a
property owner from just putting a six foot fence around the site.
Mr. Burich responded that this would not work for rooftop equipment and would also not be
allowed in the front yard area.
Item-Z.O.text amendment mechanical equipment screening 4
Motion by Bowen to lay over the text amendment to Zoning Ordinance Chapter 30, Section
30-35 (I)(5) Mechanical Equipment Screens until the next meeting.
Seconded by Cummings. Motion carried 9-0.
February 7, 2012 meeting
Mr. Buck presented the item and stated that changes have been made to the draft ordinance that
addresses the items above. Deletions are in strikethrough and additions are in bold. He reviewed
that language changes requested at the last meeting and stated that the item could be pulled if
Commission members were not comfortable with moving forward with it at this time.
Mr. Thorns inquired if commercial buildings with residential units on the upper floor would be
allowed to install window air conditioning units in the residential areas.
Mr. Buck responded negatively.
Mr. McHugh questioned what type of feedback the City has received on these issues.
Mr. Bunch indicated that he presented the ordinance amendment to the Inspections Advisory
Committee and it was developed with the input from the developer's who serve on this committee.
Mr. Buck added that the current ordinance was too restrictive and unclear. The amended
ordinance clarified the issues with specific language and set some parameters and the City has not
received any negative feedback on the matter.
Mr. McHugh then questioned if there were any areas in disagreement.
Mr. Bunch responded that the ordinance works pretty well as laid out and it will be re-evaluated in
a few years. It will be brought back to Plan Commission for revisions if complaints are received.
Mr. Thorns inquired if there was no intent to grandfather issues.
Mr. Buck responded negatively and stated that nonconforming issues could remain unless
cumulative additions exceed 50% of the floor area or original building. Developers would be
encouraged to comply with the new ordinance regulations when replacing mechanical equipment,
but unless the 50%threshold is exceeded, it would not be required. Developers would also have
the option to apply for a variance from the Board of Appeals.
Motion by Vajgrt to approve the text amendment to Zoning Ordinance Chapter 30, Section
30-35 (I)(5) Mechanical Equipment Screens.
Seconded by Propp. Motion carried 9-0.
Item-ZO.text amendment mechanical equipment screening 5
EXISTING ZONING CODE REGULATIONS
REGARDING MECHANICAL SCREENING
Section 30-35 (I) ADDITIONAL STANDARDS AND EXCEPTIONS
SCREENING
(5) MECHANICAL EQUIPMENT SCREENS: All roof top and ground level mechanical
equipment and utilities shall be fully screened from view of any street or residential
zoning district.
M
DRAFT MECHANICAL SCREENING REGULATIONS
30-35 (I) (5) Mechanical Equipment Screens. The screening of mechanical equipment and
utilities shall be regulated as follows:
(a) Mechanical Equipment. Mechanical equipment is defined as devices installed for a use
appurtenant to the property or structures primary use. Mechanical equipment includes but is
not limited to:
(i) HVAC Equipment
(ii) Transformers
(iii) Gas and Electric Meters
(iv) Utility Related Equipment
(v) Exhaust Fans (External to Building)
(vi) Louvers/Vents
(vii) Industrial process equipment
(b) Exemptions. For purposes of this section, mechanical equipment that shall be exempt from
this screening policy because of functional concerns includes:
(ii) Satellite Dishes
(iii) Antenna, except telecommunication facilities which are regulated in Section 30-
35 of the Zoning Ordinance.
(iv) Industrial Smoke Stacks
(v) Wind and Solar Energy Units
(c) General Applicability.
(i) The screening of mechanical equipment and utilities shall be required for all uses as
regulated in this ordinance except for single and two-family residential uses and
those exempted in other sections of the Municipal Code.
(ii) Table A addresses the applicability of the screening requirements for various
situations such as unit replacements, building additions, etc.
Table A
Post Ordinance Post Ordinance
Pre-Ordinance* Construction** Construction**
Situation Type Construction (Nonconforming) (New Buildings)
Replacement Not Required Required Required
Relocation Not Required Required Required
Required, when single or
cumulative additions
Additions (Physical exceed 50% of the floor
Bldg. Addition) area or original building Required Required
Additional Mechanical
Units to Existing
Buildings Not Required Required Required
New Buildings N/A N/A Required
* Pre-ordinance construction refers to building permits issued before July 1, 1996
** Post ordinance construction refers to building peiuiits issued on or after July 1, 1996
Draft 02/01/12 1 of 3
7
DRAFT MECHANICAL SCREENING REGULATIONS
(iii) Table B addresses the applicability of the screening requirements for commercial and
industrial uses in manufacturing and commercial zoning districts.
Table B
Use and District Screening Requirements
Industrial Use in Manufacturing Zones* — Side Yard, Rear
Yard, and Rooftop Applications Screening Not Required
Industrial Use in Manufacturing Zones— Street Yard Screening Required
Placement
Non Industrial Uses in Manufacturing Zones Screening Required
Commercial and Industrial Uses in Commercial Zones Screening Required
* Except in the Highway 41 Corridor Overlay District, on sites located on Principal Arterial
Streets and when adjacent to residential uses.
(iv) Situations which change the status of a conforming mechanical equipment
installation to nonconforming status such as a change in zoning or establishment
of a use shall be regulated as set forth in the Municipal Code Section 30-4
Nonconforming Structure and Use Regulations.
(d) Screening Design Standards. Screening for mechanical equipment fall into the categories of
ground mounted, building mounted and roof-mounted. The design standards below address
minimum requirements for each.
(i) Ground-mounted equipment. Ground mechanical equipment must be hidden from
view through the use of one or more of the following:
1. Earth benns at a minimum height to fully screen the equipment from the right-of-
way or other users of the site.
2. Landscaping that is 90% impervious to site during all seasons of the year.
3. Solid/opaque fencing and/or walls, which are sensitive to and coherent with the
primary building architecture and/or other elements of the site.
(ii) Building mounted equipment. Building mounted equipment installed on the facade
visible from an adjacent public right-of-way, residential use or residential district
must be -:=e-- - _ - •- disguised with screening that shall :
1. Be architecturally compatible with the primary structure to which they are
attached. Building materials shall be or appear to be identical to or substantially
similar to the façade of the building on which they are located.
2. Be incorporated inside as part of the building wall, such as flush mounted vents.
3. Be sensitive to and consistent with the material and color of the existing structure
to which they are attached.
(iii) Roof-mounted equipment. Roof-mounted equipment shall be screened, preferably by
parapet walls. Other acceptable screen types shall:
1. Be architecturally compatible with the primary structure to which they are
attached. Building materials shall be identical to or substantially similar to the
building on which such items are located.
Draft 02/01/12 2 of 3
DRAFT MECHANICAL SCREENING REGULATIONS
2. Be sensitive to and consistent with the material and color of the existing structure
to which they are attached.
3. Designed in a way to be an integral part of the building's architectural design and
give the impression that it is something other than a mechanical screen.
(e) Screening Distance. Mechanical equipment is considered to be screened if not visible from
any portion of the adjacent street right-of-way or adjacent property lines as measured at a
height of 5 feet from the sidewalk/curb elevation or from the grade of the centerline of the
street, if no walk or curb is present.
(i) Exceptions can be made for elevated roads that are of a considerable higher grade from
that of the mechanicals; for drastic grade changes; or other condition as determined by
the Zoning Administrator.
Draft 02/01/12 3 of 3