§ 58.987. Applicability.

This Subpart shall not apply to mechanical equipment permitted prior to adoption of this Subpart. Nor shall this Subpart apply to the replacement of existing permitted mechanical equipment when such replacement retains the same footprint, or such footprint is only altered as necessary to allow a more energy efficient or lower emission unit of mechanical equipment.

Only the regulations of this Subpart set forth in Sec. 58.982(a) shall apply to the replacement or improvement of nonpermitted mechanical equipment existing prior to adoption of this Subpart. However, such equipment may only be placed in side yards where the principal structure meets or exceeds the required side yard setback(s) in the applicable zoning district, and providing at least five (5) feet unobstructed of mechanical equipment on one side of the principal structure.

(Ord. of 3-9-2009, § 2, Doc. #0903091103)