FENWICK ISLAND – An ordinance amendment to include mechanical equipment into the town’s commercial height regulations passed unanimously on first reading last week.
Last Friday, the Fenwick Island Town Council voted unanimously to accept the first reading of an ordinance amendment to include mechanical equipment into the calculation of a commercial building’s height.
“This language is the same language that exists in the corresponding ordinance that applies to residential buildings,” Councilwoman Natalie Magdeburger said.
According to the town’s zoning code, total building height in the commercial cannot exceed 30 feet – or 32 feet if the building has a freeboard that elevates the structure. But there are exceptions for roof-mounted solar panels, chimneys and elevator shafts, which can extend 4.5 feet above the maximum height to accommodate the elevator’s service equipment.
Magdeburger said the ordinance would be amendment to add that “mechanical equipment and any other items attached to or mounted onto a building shall be included in the calculation of a building’s height.” She added it would not change the way in which the building height is measured.
“They can be put on the roof,” she said. “But it would have to be beneath 32 feet … The mechanicals count for the height of the building.”
Resident Ray Fager, however, questioned why the council had proposed the ordinance amendment. Magdeburger noted it would create consistency in height across the residential and commercial districts.
“It will be consistent with what obligations there are on residential buildings,” she replied.
Resident Charlie Hastings questioned why the town would allow an elevator shaft to overrun the town’s height restriction, but not mechanical equipment.
“What’s the difference between a 4.5-foot elevator shaft and a 3.5-foot air handler?” he said.
Magdeburger said the zoning code limited the number of elevator shafts to two per commercial building.
“If you start to put multiple mechanicals on there, you have a roofline that’s higher than the residential district,” she added.
Magdeburger noted that there would be plenty of opportunities for community members to share their thoughts on the proposed amendment, as it would require a public hearing and second reading.
“This isn’t a done deal,” she said. “We’re going to have meetings and hearings on what people think. And if there’s issues there, I encourage you and invite you to come and give your perspective, so we can consider it. Maybe we’re not seeing all of it.”
With no further questions, the council voted 5-0 to accept the amendment on first reading and to refer the amendment to the town’s Charter and Ordinance Committee for review.
The topic of mechanical equipment in relation to building height limits was first called into question in 2018, when the town’s building official approved developer Spiro Buas’ plans to place HVAC units on the roof of the Fenwick Shores hotel development.
While the placement of the units was initially denied – as it would exceed the height limit – town officials sought further guidance from the town solicitor before reversing their decision.
Officials ultimately argued the mechanical units were not defined as a structure in the town’s ordinance and, therefore, should not be enforced in the height restrictions.
