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05-19-09 Item 10South Miami AO AmwicaCily CITY OF SOUTH MIAMI 1 I r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager 'lp From: Thomas J. Vageline, Planning and Zoning Director Date: May 19 2009 ITEM No. /0 Subject: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 3.6(Q) ENTITLED "SCREENING AND SOUNDPROOFING OF EXTERIOR HEATING, VENTILATING, AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL EQUIPMENT" IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR SCREENING OF NEW AIR CONDITIONING COMPRESSOR UNITS, WATER TOWERS AND OTHER MECHANICAL EQUIPMENT ON A ROOF, BUILDING OR GROUND TO REQUIRE SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT EQUIPMENT IS INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND In recent months the City has received complaints that new roof top air conditioning compressors and other equipment were being installed without proper screening to conceal visibility from the ground. The Administration did determine that in several cases the roof top equipment being installed was a replacement unit. The City's current LDC regulation in effect since 1992 (Ord. No. 15 -92 -1510) has been interpreted that screening was required at the time of original installation. If equipment was installed before that date screening of the equipment was not required and was not applied when the equipment was replaced. STAFF OBSERVATIONS (1) The consideration of this amendment was a result of the recent replacement of older A/C roof equipment on a South Miami Hospital Building. The replacement units were larger than the older units which were in place prior to the screening legislation. The replacement equipment was not subject to review by the Environmental Review and Preservation Board (ERPB). The equipment was clearly visible on several elevations. After a series of meetings hospital personnel did agreed to place a screening wall in front of the new equipment. (2) It can be expected that this same concern will occur when older equipment and units at other locations are replaced at both the roof top and on the ground. In order to assure that the same standard and review procedure applied to new installations is also applicable to replacement units an amendment to Section 20 -3.6 (Q) Land Development Code is recommended. PROPOSED AMENDMENTS The following two amendments are proposed: Section 20 -3.6 Supplemental Regulations (Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment, and Other Mechanical Equipment. (1) Air - cooled condensing and /or compressor equipment, water cooling towers, and any other similar mechanical or service equipment or apparatus installed or replaced on the roof of any building erected shall be screened from view by a parapet wall or such other screening device as shall be approved by the environmental review and preservation board. Such screening shall be constructed so as to conceal the equipment visible in elevation. The requirement of approval by the environmental review and preservation board shall not apply to replacement equipment if existing screening is in place and found sufficient by the Planning Director. (2) Air - cooled condensing (excluding window and wall units), and/or compressor equipment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool equipment, and any other similar mechanical. or service equipment or apparatus installed or replaced aftef sepw �0- on the ground or on a building (other than on its roof) shall be screened from view, at ground level outside the subject property, by the use of landscaping or such other screening device as shall be approved by the environmental review and preservation board. The requirement of approval by the environmental review and preservation board shall not apply to replacement equipment if existing screening is in place and found sufficient by the Planning Director. PLANNING BOARD ACTION The Planning Board at its April 28, 2009 meeting conducted a public hearing on the proposed amendment and adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed amendments. RECOMMENDATION It is recommended that the proposed amendments to Section 20 -3.6 (Q) as shown above and in attached draft ordinance be approved on first reading. Attachments Draft ordinance Planning Department Staff Report 4 -28 -09 Planning Board Minutes Excerpt 4 -28 -09 LDC Sec. 20- 3.6(Q) Ordinance. No. I5 -92 -1510 Public Notices TJV /SAY X: \Comm Items\2009 \5 -19 -09 \LDC Amend Screening AC CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 3.6(Q) ENTITLED "SCREENING AND SOUNDPROOFING OF EXTERIOR HEATING, VENTILATING, AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL EQUIPMENT" IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR SCREENING OF NEW AIR CONDITIONING COMPRESSOR UNITS, WATER TOWERS AND OTHER MECHANICAL EQUIPMENT ON A ROOF, BUILDING OR GROUND TO REQUIRE SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT EQUIPMENT IS INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Code (LDC) regulation on screening air conditioning and mechanical equipment in effect since 1992 (Ord. No. 15 -92 -1510) has been interpreted that screening was required at the time of original installation; and WHEREAS, if air conditioning and mechanical equipment was installed before adoption of the 1992 ordinance screening of the replacement equipment and the review process was not applied; and WHEREAS, in order to assure that the same standard and review procedure applied to new installations is also applicable to replacement units an amendment to Section 20 -3.6 (Q) Land Development Code is recommended; and WHEREAS, the Planning Board at its April 28, 2009 meeting, after public hearing, adopted a motion by a vote of 7 ayes 0 nays recommending that the proposed amendment to the Land Development Code be approved; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -3.6 (Q) entitled "Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment, and Other Mechanical Equipment" of the Land Development Code is hereby amended as follows: Section 20 -3.6 Supplemental Regulations (Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment, and Other Mechanical Equipment. (1) Air - cooled condensing and/or compressor equipment, water cooling towers, and any other similar mechanical or service equipment or apparatus installed or replaced on the roof of any building erected the passage, 0i this --r-diii-n-ma-ee shall be screened from view by a parapet wall or such other screening device as shall be approved by the environmental review and preservation board. Such screening shall be constructed so as to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2 conceal the equipment visible in elevation. The requirement of approval by the environmental review and preservation board shall not apply to replacement equipment if existing screening is in place and found sufficient by the Planning Director. (2) Air - cooled condensing (excluding window and wall units), and/or compressor equipment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool equipment, and any other similar mechanical or service equipment or apparatus installed or replaced , won the ground or on a building (other than on its roof) shall be screened from view, at ground level outside the subject property, by the use of landscaping or such other screening device as shall be approved by the environmental review and preservation board. The requirement of approval by the environmental review and preservation board shall not apply to replacement equipment if existing screening is in place and found sufficient by the Planning Director. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2009 ATTEST: APPROVED: CITY CLERK MAYOR 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY X: \Comm Items\2009 \5- 19- 09 \LDC Amend Screening AC Ord.doc COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: ' SO U T� South Miami Jr � �- All-America City U ^' INCORPORATED 1927 �ORVO 2001 To: Honorable Chair and Date: April 28, 2009 Planning Board Members From: Thomas J. Vage in Re: LDC Amendment — Screening of A/C Planning Director and Mechanical Units Sec. 20- 3 -6(Q) PB -09 -008 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 3.6(Q) ENTITLED "SCREENING AND SOUNDPROOFING OF EXTERIOR HEATING, VENTILATING, AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL EQUIPMENT" IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR SCREENING OF NEW AIR CONDITIONING COMPRESSOR UNITS, WATER TOWERS AND OTHER MECHANICAL EQUIPMENT ON A ROOF, BUILDING OR GROUND TO REQUIRE SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT EQUIPMENT IS INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND In recent months the City has received complaints that new roof top air condition compressors and other equipment was being installed without proper screening to conceal visibility from the ground. The Administration did determine that in several cases the roof top equipment being installed was a replacement unit. The City's current LDC regulations in effect since 1992 (Ord. No. 15 -92 -1510) has been interpreted that screening was required at the time of original installation. If equipment was installed before that date screening of the equipment was not required and was not applied when the equipment was replaced. STAFF OBSERVATIONS (1) The consideration of this amendment was a result of the recent replacement of older A/C roof equipment on a South Miami Hospital Building. The replacement units were larger than the older units which were in place prior to the screening legislation. The replacement equipment was not subject to review by the Environmental Review and Preservation Board (ERPB). The equipment was clearly visible on several elevations. After a series of meetings hospital personnel .did agreed to place a screening wall in front of the new equipment. (2) It can be expected that this same concern will occur when older equipment and units at other locations are replaced at both the roof top and on the ground. In order to assure that the same standard and review procedure applied to new installations is also applicable to replacement units an amendment to Section 20 -3.6 (Q) Land Development Code is recommended. LDC Amendment April 28, 2009 Page 2 of 2 PROPOSED AMENDMENT The following two amendments are being suggested: Section 20 -3.6 Supplemental Regulations (Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment, and Other Mechanical Equipment. (1) Air- cooled condensing and/or compressor equipment, water cooling towers, and any other similar mechanical or service equipment or apparatus installed or replaced on the roof of any building erected shall be screened from view by a parapet wall or such other screening device as shall be approved by the environmental review and preservation board. Such screening shall be constructed so as to conceal the equipment visible in elevation. The requirement of approval by the environmental review and preservation board. shall not apply to replacement equipment if existing screening is in place and found sufficient by the Planning Director. (2) Air- cooled condensing (excluding window and wall units), and/or compressor equipment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool equipment, and any other similar mechanical or service equipment or apparatus installed or replaced , on the ground or on a building (other than on its roof) shall be screened from view, at ground level outside the subject property, by the use of landscaping or such other screening device as shall be approved by the environmental review and preservation board. The requirement of approval by the environmental review and preservation board. shall not apply to replacement equipment if existing screening is in place and found sufficient by the Planning Director.. RECOMMENDATION It is recommended that the proposed amendments to Section 20 -3.6 (Q) as set forth above be approved. Attachments: Sec. 20- 3.6(Q) Ordinance. No. 15 -92 -1510 Public Notices TN /SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \4- 28- 09\PB -09 -008 LDC Amend Screening AC.doc U U INCORPO 0 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes _ Tuesday, April 28, 2009 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:47 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr.. Cruz, Ms. Yates and Ms. Chael. Absent: Mr. Comendeiro and Mr. Farfan City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A. Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria Stout- Tate (Administrative Assistant) and Alerik Barrios (Assistant). IV. Planning Board Applications /Public Hearings PH -09 -009 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 3.6(Q) ENTITLED "SCREENING AND SOUNDPROOFING OF EXTERIOR HEATING, VENTILATING, AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL EQUIPMENT" IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR SCREENING OF NEW AIR CONDITIONING COMPRESSOR UNITS, WATER TOWERS AND OTHER MECHANICAL EQUIPMENT ON A ROOF, BUILDING OR GROUND TO REQUIRE SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT EQUIPMENT IS INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Yates read the item into the record. Mr. Morton asked City staff for a presentation. Planning Board Meeting April 28, 2009 Excerpt 2 Mr. Youkilis stated that in recent months the city has received complaints that new roof top air conditioning compressors and other equipment were being installed without proper screening to conceal visibility from the ground. The administration determined that in several cases the roof top equipment being installed was a replacement unit. The city's current Land Development Code regulations, in effect since 1992 (Ord. no. 15 -92- 1510), has been interpreted that screening was required at the time of original installation. If equipment was installed before that date, screening of the equipment was not required and was not applied when the equipment was replaced. Mr. Youkilis went on to state that the consideration of this amendment was a result of the recent replacement of older A/C roof equipment on a South Miami Hospital Building. The replacement units were larger than the older units which were in place prior to the screening legislation. The replacement equipment was not subject to review by the Environmental Review and Preservation Board (ERPB). The equipment was clearly visible on several elevations. After a series of meetings hospital personnel did agreed to place a screening wall in front of the new equipment. It can be expected that this same concern will occur when older equipment and units at other locations are replaced at both the roof top and on the ground. In order to assure that the same standard and review procedure applied to new installations is also applicable to replacement units, an amendment. to Section 20 -3.6 (Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment, and Other Mechanical Equipment was needed. The amendment added the words "or replaced ". Staff also proposed a sentence that stated that The requirement of approval bathe environmental review and preservation board shall not apply to replacement equipment if existing screening is in place and found sufficient by the Planning Director. It was recommended that the proposed amendments to Section 20 -3.6 (Q) as set forth above be approved. Mr. Morton had asked what constitutes visible and not visible. Mr. Youkilis answered someone has to make a judgment call and you can use the ERPB Board to make the decision. For new construction all items would go to the ERPB Board, but for replacement installations which are already screened, the Planning and Zoning Director would make a judgment call that the existing screening would be sufficient. The Director would review plans to see if it would be a screening wall or a parapet wall and decide if that would be sufficient. Mr. Morton asked Mr. Vageline if he agreed with the information given. Mr. Vageline agreed. Mr. Whitman asked Mr. Youkilis how this would apply to sound mitigation. Mr. Youkilis stated that noise regulations are applicable to both new and replaced installation. The standards would be the same in residential and commercial use. The sound level would be applicable to existing, replacement and new mechanical equipment including air - cooling units. Ms. Young asked if this is a replacement how would the person know that this is something that they needed to comply with. If South Miami Hospital did not know, how would someone else know? How do we disburse the information so that someone would not be fined before they are notified? Planning Board Meeting April 28, 2009 Excerpt 3 - Mrs. Cabrera - Hernandez replied that she would notify the applicant and let them know how it did not comply with the code as it is written to date. She stated that she would let the applicant know how to come into compliance (i.e. the steps, which board to appear in front of, and would also, assist in reviewing on a one to one basis). Mr. Youkilis stated that the Planning and Zoning Department does have hand -outs, which contain guidelines and show procedures as to how to accomplish whatever is necessary. The Chairman opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Ms. Sharon McCain None Written Oppose Ms. McCain asked about the noise levels of the AC Units located at South Miami Hospital and Larkin Hospital. She stated that the AC Units should not be on the top of the roof of the hospitals. It should also have sound proof screening to prohibit the noise. The units look ugly on the roof. Ms. Yates asked Mr. Youkilis if based on the current code if a decibel level is above the City standard, do we have someone to call. Mr. Youkilis answered the Code Enforcement Department. The City now uses a sound meter that measures the sound levels. Speakers: NAME ADDRESS SUPPORT /OPPOSE Mr. Brad Cassel Not Written Oppose Mr. Cassel stated that he was confused. He asked if you have to replace an AC condenser do you have to have to have the same screening as a new unit. Does one have to go in front of the ERPB Board? Mrs. Cabrera - Hernandez stated that the practice would be that your mechanical equipment would be able to be replaced without a problem. It would not be disapproved. The screening would be provided by another contractor, not whoever is handling the mechanics of the AC. Mr. Cassel inquired if he would have to hire an architect for the screening. Mrs. Cabrera - Hernandez replied that she did not say that. The permit would be approved and according to the Florida Building code you would have to put up landscaping around your AC unit. Mr. Cassel went on to say that this amendment is not clear and does not make sense. Chairman closed the public hearing. Motion: Mr. Comendeiro made a motion to recommending approval of the amendment change. Yates seconded Vote: 7 Ayes 0 Nay XAComm 1tems\2009 \5- 19- 09 \PBminutes Excerpt 04.28.09.doc ZONING REGULATIONS 20 -3.6 (b) A sworn affidavit on a form prepared by the City, which form confirms that the home occupation will conform to all of the standards contained herein and agreeing that the City, upon probable cause to believe that there is a violation of one or more of the standards so stated, may inspect the property to determine if there is a violation. Failure to allow an inspection will result in the automatic cancellation of the certificate of use and occupational license. Failure to correct code violations, after notice, will also result in the cancellation of the certificate of use and occupational license. (4) An occupational license and annual certificate of use shall be obtained for any home occupation. (Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equip- ment, and Other Mechanical Equipment. (1) Air- cooled condensing and/or compressor equipment, water cooling towers, and any other similar mechanical or service equipment or apparatus installed on the roof of any building erected after the date of the passage of this ordinance shall be screened from view by a parapet wall or such other screening device as shall be approved by the environmental review and preservation board. Such screening shall be constructed so as to conceal the equipment visible in elevation. (2) Air- cooled condensing (excluding window and wall units), and/or compressor equip- ment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool equip- ment, and any other similar mechanical or service equipment or .apparatus installed after September 1, 1992, on the ground or on a building (other than on its roof) shall be screened from view, at ground level outside the subject property, by the use of landscaping or such other screening device as shall be approved by the environmental review and preservation board. (3) It shall be unlawful to operate mechanical equipment including air - cooled condensing, and/or compressor equipment, and any other noise producing equipment in an all residential, institutional, commercial and industrial zoned property, when such equipment emits noise which exceeds the following noise levels, measured at the receiving property line nearest to the source; such sound levels shall be measured by City of South Miami staff or other representatives designated by the City Manager with a sound level meter manufactured according to standards prescribed by the American National Standards Institute: Maximum Permitted Sound Level in Decibels dBA Supp. No. 12 62.1 At Property Line or At Property Line or Beyond Between Beyond Between Receiving Land Use 10:00 PM -7:00 AM 7:00 AM -10:00 PM . Single- family 55 dBA 60 dBA Supp. No. 12 62.1 20 -3.6 SOUTH MIAMI LAND DEVELOPMENT CODE t4) ine above sound levels shall be applicable to existing, replacement or new mechanical equipment including air - cooled condensing and/or compressor equipment, mechanical equipment, and any other noise producing equipment. (5) The city's existing commercial buildings shall meet the requirements of this subsection and mitigate excessive noise levels upon the issuance of a notice of violation by the City of South Miami Code Enforcement Office. (6) Sound proofing shall be effective for the life of the equipment. If sound proofing device/equipment is determined not to be adequate, the owner shall be required to mitigate or replace the equipment and/or sound proofing material as necessary to reach acceptable sound levels. (7) Soundproofing for larger equipment serving commercial buildings shall consist of at a .minimum a barricade or complete ventilated enclosure lined on the inside with a sound blocking (including landscaping) and sound absorbent material, in order to reduce sound to an acceptable level. (8) Installation of any fixed barricades or enclosures must be installed with applicable permits. . (9) Measurement of sound levels at a specific location shall be the average of three (3) readings each taken for a period of thirty (30) seconds during the day or night hours when subject equipment is in continuous operation. (10) These regulations shall not apply to generators or other equipment used during a declared state of -emergency or during intermittent power outages; this exemption to maximum sound levels shall end when electric power is restored. (R) Screening and Landscaping of Refuse Enclosures and Containers for the Storage* of Refuse in Commercial and Multifamily Residential Zoning Districts. When plans for new commercial or multifamily residential'construction, or plans for an addition to an existing commercial or multifamily residential structure and plans for the renovation of an existing commercial or multifamily residential structure, where the cumulative cost of the addition or renovation exceeds fifty (50) percent of the assessed value of the existing commercial or Supp. No. 12 62.2 At Property Line or At Property Line or Beyond Between Beyond Between Receiving Land Use 10:00 PM -7 :00 AM 7:00 AM -10:00 PM Multifamily, Institutional, 60 dBA 65 dBA Parks and Noise - Sensitive Zones (Hospitals, Schools, Nursing Homes, Church, Court or Public Library) Retail Commercial (Offices, Re- 65 dBA 65 dBA tail, Restaurants and Movies) Wholesale Commercial and In- 70 dBA 75 dBA dustrial t4) ine above sound levels shall be applicable to existing, replacement or new mechanical equipment including air - cooled condensing and/or compressor equipment, mechanical equipment, and any other noise producing equipment. (5) The city's existing commercial buildings shall meet the requirements of this subsection and mitigate excessive noise levels upon the issuance of a notice of violation by the City of South Miami Code Enforcement Office. (6) Sound proofing shall be effective for the life of the equipment. If sound proofing device/equipment is determined not to be adequate, the owner shall be required to mitigate or replace the equipment and/or sound proofing material as necessary to reach acceptable sound levels. (7) Soundproofing for larger equipment serving commercial buildings shall consist of at a .minimum a barricade or complete ventilated enclosure lined on the inside with a sound blocking (including landscaping) and sound absorbent material, in order to reduce sound to an acceptable level. (8) Installation of any fixed barricades or enclosures must be installed with applicable permits. . (9) Measurement of sound levels at a specific location shall be the average of three (3) readings each taken for a period of thirty (30) seconds during the day or night hours when subject equipment is in continuous operation. (10) These regulations shall not apply to generators or other equipment used during a declared state of -emergency or during intermittent power outages; this exemption to maximum sound levels shall end when electric power is restored. (R) Screening and Landscaping of Refuse Enclosures and Containers for the Storage* of Refuse in Commercial and Multifamily Residential Zoning Districts. When plans for new commercial or multifamily residential'construction, or plans for an addition to an existing commercial or multifamily residential structure and plans for the renovation of an existing commercial or multifamily residential structure, where the cumulative cost of the addition or renovation exceeds fifty (50) percent of the assessed value of the existing commercial or Supp. No. 12 62.2 ORDINANCE NO. 15 -92 -1510 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY AMENDING SECTION 20 -4.6 (D) TO DELETE "EXPOSED STORAGE AREAS, MACHINERY, AND SERVICE AREAS "; AMENDING SECTION 20 -3A BY ADDING A NEW SUBSECTION Q PROVIDING FOR SCREENING OF EQUIPMENT AS SET FORTH THEREIN; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted as a part of its Land Development Code Section 20 -4.6 (D)(2), which states: and Exposed storage areas, machinery,. service areas, utility buildings and structures and similar accessory areas and structures shall be subject to such placements, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with existing or contemplated environment or surrounding property. WHEREAS, the Mayor and City Commission wish to clarify the aforesaid section; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -4.6 (D)(2) be, and hereby is, amended to read as follows: Exposed Storage Utility areas, Utility buildings and structures and similar accessory areas and structures shall be subject to such placements, screen plantings oL ulher screening methods as shall be required to prevent their being incongruous with existing or contemplated environment or surrounding property. Section 2. Section 20 -3.6 "Supplemental Regulations" be, and hereby is, amended to add a new.subsection Q: Q. Screening of Exterior Heating, Ventilating, and Air Conditioning Equipment (1) air - cooled condensing and /or compressor equipment, water cooling towers, and any other similar mechanical or service equipment or apparatus installed on the roof of any building erected after the date of the passage of this ordinance shall be screened from view by a parapet wall or such other screening device as shall be approved by the Environmental Review and Preservation Board. Such screening shall be constructed so as to conceal the equipment visible in elevation. (2) air-cooled condensing (excluding window and wall units),and /or compressor equipment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool equipment,and any other similar mechanical or service equipment or apparatus-installed after (effective date) on the ground or on a building (other than on its roof) shall be screened from view, at ground level outside the subject property, by the use of landscaping or such other screening device as shall be approved by the Environmental Review and Preservation Board: Section 3. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said .holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this i th day of September , 1992 ATTEST: c CITY CL RK READ AND APPROVED AS TO FORM: 7. CITY ATTORNEY APPROVED: MAYOR 2