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HomeMy WebLinkAboutRequest for Classification of Use - Roof Top Ventilation Report compiled on June 17, 2009 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple, Director of Planning and Community Development SUBJECT: Request for Classification of Use – Roof Top Ventilation/Mechanical Equipment MEETING DATE: Monday, June 22, 2009 RECOMMENDATION: That the City Commission consider and take action on the Planning Director’s request on whether exposed rooftop ventilation/mechanical equipment common for most commercial kitchen operations and similar uses requires screening as would be required for other rooftop mechanical equipment. BACKGROUND: Section 18.14.050.B (CLASSIFICATION OF PARTICULAR USES – PLANNING DIRECTOR AND CITY COMMISSION AUTHORITY) of the Bozeman Municipal Code (BMC) provides that “if a question arises concerning the appropriate classification of a particular use, the Planning Director may submit the question to the City Commission to determine whether the particular use is the same, or so similar as to be interpreted the same as a listed permitted or conditional use.” The question being presented to the Commission is whether exposed rooftop ventilation/mechanical equipment common for most commercial kitchen operations and similar uses requires screening similar to other mechanical equipment? As shown in the attached photographs, the particular equipment in question is the “dome” shaped venting apparatus, (also commonly referred to as “commercial kitchen hoods”), that must protrude above rooflines. Section 18.38.050.F of the BMC states that “Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. Ground mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment shall not encroach into required setbacks.” Based on this section of the Code, and guidelines contained in the Design Objectives Plan for the Entryway Corridor Districts, (which call for the minimization of the visual impacts of utilities and mechanical equipment), Planning Staff has required the screening of rooftop mechanical equipment for years. However, an issue that is arising more frequently is the rooftop penetrations of the dome shaped venting units, primarily for commercial kitchen uses. It has also become an enforcement issue for the Department as often these units are added to previously approved buildings/designs when the occupant changes (i.e. when a restaurant occupies a space previously used or designed for retail or office). 321 Planning staff has argued that these units are classified as mechanical equipment as they contain moving parts and wiring (see the attached internal diagram of one of these units). However, it has been argued to the Planning Department that these units are the same as any other roof top venting feature, (such as a chimney or vent stack), that should not warrant screening. Also attached are other photos/examples of rooftop mechanical equipment that warrant screening to illustrate what other mechanical equipment is often mounted on rooftops. The primary question is whether the dome shaped venting units fall into the same classification as the other mechanical units (such as the complete HVAC unit) and warrant the same treatment. UNRESOLVED ISSUES: The Department of Planning and Community Development is not aware of any unresolved issues at this time. FISCAL EFFECTS: The Department of Planning and Community Development is not aware of any fiscal effects at this time. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Andy Epple at aepple@bozeman.net if you have any questions. APPROVED BY: _________________________________ _________________________________ Andrew C. Epple, Planning Director Chris Kukulski, City Manager Attachments: Diagram and Photos 322 323 324 325 326 327 328