Planning and Zoning Commission recommends easing rules for residential generator placement

The Planning and Zoning Commission voted May 6 to recommend approval of Ordinance 29-26, a proposed change to Section 4.1.5 of the City’s Land Development Code that would relax where homeowners may place generators and other ground-mounted mechanical equipment.

Mike Struve, planning team coordinator with the planning division, told commissioners the amendment would remove a current restriction requiring mechanical equipment — including generators — to be located within five feet of the building envelope in side and rear yards of single‑family lots and would also remove a requirement that equipment taller than 30 inches meet standard building setback requirements. "The proposed amendment will provide homeowners with greater flexibility in terms of generator placement," Struve said, adding the equipment would still be prohibited from encroaching on recorded easements.

The change, Struve said, responds to direction from the City Council after recent Committee of the Whole meetings. Under the draft ordinance, generators could be placed anywhere in a side or rear yard so long as the unit and its pad do not intrude into a recorded perimeter easement; that easement and an outer 18‑inch zone must be preserved to allow city maintenance access.

Commissioner Swartz, speaking from the perspective of an electrical contractor, said the existing restrictions made Cape Coral "the most problematic municipality to install" generators and argued the amendment would improve access for homeowners. "Generators are obviously a life saving piece of equipment and in this area are necessary," Swartz said.

During discussion Swartz and staff exchanged technical questions about side‑yard encroachments and possible mitigation measures. Struve said the city currently allows certain improvements, such as fences or concrete walls, inside the typical six‑foot perimeter easement but that mechanical equipment and equipment pads are not permitted there. In some limited cases the city permits encroachments with hold‑harmless agreements and letters from utility providers, but Struve said mechanical equipment is typically excluded because city crews may not have the means to disassemble or move privately owned equipment during maintenance.

After the presentation and questions, a commissioner moved to recommend approval of Ordinance 29‑26 and the motion was seconded. The roll call recorded affirmative votes for Estes, Martin, Lemieux and Schwartz; the chair announced the motion carried and the commission forwarded the recommendation to the City Council for consideration.

There were no public speakers during either the ordinance public hearing or the citizens input period. Staff reported no additional updates. The commission’s next regular meeting is scheduled for June 3 at 9 a.m. in Council Chambers.