HomeMy WebLinkAboutFile Documents.211 W Hopkins Ave.0078-2021-BRES (54) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
ADMINSITRATIVE POLICY
EMERGENCY POWER GENERATOR EQUIPMENT
JURISDICTION: City of Aspen
EFFECTIVE DATE: May 15, 2021
WRITTEN BY: Bob Narracci,Zoning Administrator
_�`'
BY:
Y: Phillip Supino,
Community Development Director
Purpose: The Community Development Department,in accordance with the procedures,standards and
limitations of Title 26,shall use this administrative policy to evaluate an applicant's proposed placement
and installation of mechanical equipment to ensure the location of such equipment complies with all
zoning requirements and sound decibel level allowances. The term "mechanical equipment" as used �.
herein shall include emergency power generators.
Applicability: These standards shall apply to ail development applications that propose placement of
mechanical equipment.
Background: The Community Development Department reviews plans for residential and commercial
projects that include installation of emergency power generators,and similar mechanical equipment in
areas that encroach into the minimum required side yard setbacks.
Land Use Code (LUC)section 26.575.020.E.5.n,found under Allowed Projections into Setbacks,states
that:
"n) Heating and air conditioning equipment and similar mechanical equipment shall have the following
requirements:
a. Prohibited between any lot line adjacent to a street and any structure;and
b. Shall be located at least double the minimum setback for a primary structure from any lot
line adjacent to a street; and
c. If visible from the street,these features shall be screened in accordance with Section
26.575.050,Fences;and
d. If located within a setback not adjacent to a street,these features shall not exceed thirty
(30) inches above or below finished grade. These features may be up to thirty(30) inches
above and below finished grade simultaneously."
LUC section 26.575.020.F.4.e,found under Allowed Exceptions to Height Limitations, states that:
"e)Mechanical Equipment. Heating,ventilation, and air conditioning systems, and similar mechanical
equipment or utility apparatus located on top of a building may extend up to six(6)feet above height j.
of the building at the point the equipment is attached. This allowance is inclusive of any pad the
equipment is placed on,as well as any screening. Mechanical equipment shall be screened, combined,
and co-located to the greatest extent practicable. On structures other than a single-family or duplex
residential building or an accessory building,all mechanical equipment shall be set back from any
Street facing façade of the building a minimum of fifteen (15)feet."
Section 26.575.020.E.5.n and 26.575.020.F.4.e of the LUC sets forth permissible locations for the
placement of mechanical equipment from a zoning perspective.The LUC does not; however, address or
waive noise limitations applicable to mechanical equipment found in Title 18 of the Aspen City
Municipal Code. Pursuant to Title 18—Noise Abatement of the City of Aspen Municipal Code(Section
18.04.030, Maximum permitted sound levels in zone districts),e maximum permitted sound levels in
zone districts is as follows:
Zone District Nighttime 11:00 p.m.to 7:00 a.m. Daytime 7:00 a.m.to 11:00 p.m.
Residential 50 dBA 55 dBA
Commercial 60 dBA 65 dBA
Lodging 55 dBA 60 dBA
A problem arises when a project receives building permit approval that includes approval for placement
of mechanical equipment,and after installation it is determined the mechanical equipment produces
noise levels that exceed the maximum sound levels allowed under Title 18. If the City receives a noise
complaint,then it must engage in enforcement efforts to abate the noise violation. The subject
property owner inadvertently incurs additional inconvenience and expense to correct the noise levels by
either relocating the mechanical equipment and/or providing sound attenuation.
Policy: In an effort to avoid permitting new or replacement mechanical equipment in locations and in a
manner that will likely exceed maximum nighttime sound levels,the City's Building, Environmental
Health, and Zoning Divisions shall implement the following new procedures as part of routine building
permit and mechanical permit review.
Heretofore, as part of the permit review process,the Zoning Division shall verify that the proposed
mechanical equipment as approved on the plan set meets all zoning requirements of the LUC.Zoning
staff shall collaborate with the Environmental Health Division to determine,to the extent practicable,
that the proposed mechanical equipment and any associated noise attenuation enclosures mitigate the
noise levels produced by the mechanical equipment to compliant levels as measured at the property line
of the affected property. To bring the mechanical equipment into compliance,staff shall require
through the permit review process that noise attenuation be implemented to mitigate sound that will
emanate from the mechanical equipment. Staff cannot guarantee; however,that the noise attenuation
enclosures will be 100%successful in meeting the Municipal Code sound allowances. The Building
Division shall review the manufacturer's specifications of the mechanical equipment for compliance with
City of Aspen Municipal Code allowances for exhaust and ensure that sufficient mitigation is provided.
The Building Division will also ensure that the exhaust produced by generators is mitigated pursuant to
The International Mechanical Code: Exhaust outlets:Shall be 10 feet(3048mm)from the property lines;
3 feet(914 mm)from exterior walls and roofs; 10 feet(3048 mm)from operable openings into
buildings; 10 feet(3048 mm)above adjoining grade.
While the manufacturer's specifications for both the power generator equipment and the sound
attenuating enclosures do provide sound ratings, it is recognized that compliance with the permitted
sound levels depends on the distance between the power generation equipment and the potentially
impacted neighboring property,as well as,site specific natural or existing barriers situated between the
power generation equipment and the neighboring property.
The City recognizes that in certain emergency situations,the use of mechanical equipment such as a
power generator may be necessary to protect the health,safety,and welfare of individuals or ensure
the integrity of structures. The City therefore will forgo prosecution of persons who violate the noise
limitations in Title 18 of the Municipal Code when mechanical equipment was used in an emergency
situation to protect the health, life,safety,and welfare of persons or was necessary to ensure the
integrity of a structure.
At the time of final inspection prior to issuance of a Certificate of Occupancy,the Zoning Division staff
will take noise measurement readings at the property line with the mechanical equipment operating to
verify compliance. These noise measurements will inform the property owner whether sound levels are
compliant with Title 18 of the Aspen City Municipal Code. If not,operation of the generator equipment
is prohibited other than in an emergency as described above.
Policy Effective Date: This Administrative Policy was provided on May 15, 2021 and shall become
effective on the same date and remains valid until such time as the land use code is amended to
implement this clarification or for other purposes.
f