Commission approves zoning text amendment allowing permanent standby generators to encroach to 1-foot side setback (building-code clearance language removed)

The Planning & Zoning Commission recommended approval of a staff-initiated text amendment to section 106.741 that would permit permanent standby generators to be located in a required side yard with a 1-foot minimum clearance from the side property line. The proposal also initially included a 5-foot clearance from any door, window, or air-intake opening (a building-code requirement). Following commissioner comment to avoid duplicating building-code language, the commission amended staff's draft to remove the redundant 5-foot replicative language and approved the change.

Ryan Beatluk explained the policy objective: most modern residential generators require only 18 inches clearance and the zoning change would allow reasonable placement while preserving drainage and separation. "Permanent standby generators located in a required side yard must maintain a minimum clearance of 1 foot from the side property line," Beatluk said during the presentation. Staff noted the state recently limited some local permitting authority for generators but confirmed cities may still regulate location via zoning.

Commissioners supported the compromise of a 1-foot setback and removing the building-code-specific 5-foot clause from the ordinance text so the city does not duplicate state-mandated building-code provisions. The commission voted to recommend the text amendment to City Council with the discussed language change.