Section 6.19 of the Envision St. John's Development Regulations provides standards for placing heat pumps, mini-splits and similar devices on a property. Section 6.19 states:
6.19 HEAT PUMP, MINI-SPLIT HEAT PUMP, AIR CONDITIONER, OR EXHAUST DEVICE
(1) A heat pump, air conditioner or exhaust device shall be located:
(a) in the abutting Street, Side Yard, or Rear Yard of the Lot; and
(b) not less than 2.4 metres from a Side Lot Line.
(2) A mini-split heat pump shall be located in the Side Yard or Rear Yard of the Lot.
(3) Notwithstanding Subsection (1) and (2), the Manager of Regulatory Services may permit an air conditioner or exhaust device to be located on a roof or in a window.
As a result of a complaint filed against a heat pump installed on the front of a dwelling downtown, this section of the Development Regulations was reviewed by staff. The discussion included debate on whether heat pumps should be allowed on the front of buildings in heritage areas, and whether they can overhang the street line in cases where houses are built at the back of the sidewalk. Due to the terminology used and varying interpretations possible, there are issues with enforcing this section. Additionally, since it is often Regulatory Services (not Planning and Development) reviewing applications and responding to calls related to heat pumps, the most appropriate place to regulate them is in the Residential Property Standards, Commercial Maintenance, and Heritage By-Laws rather than the Development Regulations.
It is proposed to repeal section 6.19 from the Development Regulations.
If section 6.19 is repealed, then changes will be made to the Residential Property Standards By-Law, the Commercial Maintenance By-Law, and the Heritage By-Law. From a heritage perspective, the intent is to regulate the placement of a heat pump on the front of a designated Heritage Building, which will be included in Schedule D of the Heritage By-Law. Similar wording regarding designated Heritage Buildings will be included in the Residential Property Standards By-Law and the Commercial Maintenance By-Law.
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