FENWICK ISLAND – An ordinance amendment to include mechanical equipment into the town’s commercial height regulations will advance to a public hearing.
On Wednesday, the Fenwick Island Charter and Ordinance Committee met to discuss a proposed ordinance amendment to include mechanical equipment into the calculation of a commercial building’s height.
“It’s basically marrying up what is already written in the residential side of the height ordinance to the commercial side,” said Councilwoman Natalie Magdeburger, committee chair.
According to the town’s zoning code, total building height in the commercial district 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 amended 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.”
A first reading of the proposed amendment passed on first reading at the August town council meeting and was subsequently referred to the Charter and Ordinance Committee for further discussion. During this week’s meeting, committee member Mike Quinn questioned the purpose of the ordinance amendment.
“What outcome are we looking for?” he asked.
Magdeburger noted the amendment would not only match what was written in the residential zoning code, but would allow for more consistent building heights throughout town.
“What I’m trying to do is match it up, so we have consistency in our code and that our roof line doesn’t become more elevated than it is today,” she said.
While the amendment would not prohibit mechanical equipment on building roofs, it would make it part of the building height.
One committee member, however, questioned if that would encourage property owners to place their mechanicals at ground level, in the setbacks.
“Are we going to create a different nuisance?” he asked.
Building Official Pat Schuchman noted it was a concern of prior committee members.
“At ground level, that would create more of a noise issue than on the roof,” she explained. “It was discussed at previous C&O meetings.”
After further discussion on the proposed ordinance amendment, and its impact on the placement of mechanical equipment, the committee agreed to schedule a public hearing before advancing the amendment to the town council for a second reading.
“We will readdress those concerns after the hearing,” Magdeburger said.
Committee members on Wednesday also agreed to look into the status of a code rewrite project.
Over the course of a year, the town has paid $20,000 to KCI Technologies to complete a rewrite of sections of the Fenwick Island code. Magdeburger, however, noted the town has yet to receive any completed product.
“It’s not a difficult job,” committee member John Nason responded. “Why it’s taken $20,000 and 13 months, I’m at a loss to understand.”
Committee members this week agreed to explore other companies to complete the code rewrite. Magdeburger replied that she first wanted to receive some update or documentation from KCI.
“Before we move forward, I definitely want to get what we paid for and see what that product is, and how usable it is,” she said.
