Planning commission defers setback amendment after debate over generator and stair exceptions

The Kiawah Island Planning Commission on July 8, 2026, deferred action on a proposed amendment to Section 12-64 of the town code that would change how setbacks and a set of exceptions are measured and applied, citing unresolved questions about generators, uncovered stairs and a 2022 grandfathering cutoff.

Planning staff member John, who introduced the amendment, said the draft clarifies that “all setback distances shall be measured from the property line or critical line area where applicable, whichever is more restrictive of the two,” and updates projection rules for features such as uncovered stairs. John also described how the ordinance treats generators: existing structures permitted prior to 2022 may be eligible to encroach up to 5 feet in some cases, while “anything after 2022 would need to meet the standard for the building requirements,” he said.

Commissioners probed the rationale for the distinction. Commissioner Marybeth said she was concerned about fairness, arguing that “I just don't think that it's right for one group to get it and one group not to get it,” referring to owners of houses built before versus after the 2022 ordinance. Other commissioners cautioned that removing the date cutoff and extending a universal 5-foot allowance would effectively erode the setback standard and increase encroachments. Several members noted the Board of Zoning Appeals (BZA) remains available for hardship variances.

Mayor Bell, who spoke after joining midstream, said the town council remanded the draft because councilors believed there were “too many things” that could encroach into setbacks and asked the planning commission to take a fresh, systematic look at each exception. He urged weighing the purpose of setbacks against administrative exceptions.

A motion to approve the draft was moved and seconded, but commissioners then discussed several proposed amendments (including eliminating the explicit 2022 new-construction reference, applying the 5-foot allowance to all properties, or removing the allowance altogether). The mover ultimately withdrew the motion and the commission agreed to hold a focused work session to review the range of exceptions — stairs, generators, HVAC equipment and others — and return the item to a future meeting after that review.

The commission did not take a final vote on the setback amendment. Staff said they will schedule a work session ahead of the next regular meeting to walk through each exception and that the item will be returned for action after commissioners reach clearer direction.

No public commenters spoke on the item at the meeting.