Commissioners lean to allow residential generators to encroach up to 5 feet with conditions

At a planning commission workshop Aug. 5, staff presented recommended edits to setback rules and said the commission should consider allowing residential generators to encroach into side setbacks by up to 5 feet in redevelopment situations, subject to specific conditions. Staff argued the island’s built environment and narrow lots mean retrofitting often leaves no feasible outside-the-setback location.

"So I would lean to allowing that encroachment of 5 feet with certain conditions being met," said the staff member leading the presentation (staff member, speaker 4). Commissioners expressed a mix of positions but a number said they could support a uniform entitlement applied to all properties rather than a date-based class system that would treat older and newer constructions differently. Chair (speaker 1) said, "My my views on are it should be regardless of the permit or building date. The setback should just be 1 standard for all on the island."

Commissioners and staff highlighted criteria that would govern any administrative approval: visual screening and buffering, noise limits, and service access for equipment. The staff presentation noted past instances where generators received a variance from the Board of Zoning Appeals because site constraints—wetlands, property lines, or other site-specific conditions—left no feasible alternative. Staff estimated the number of generator-BZA cases as modest but recurring.

The workshop produced no formal vote. Staff said it would draft ordinance language reflecting the commission’s guidance—allowing a limited encroachment for residential generators with nomination conditions and retaining stricter requirements for undeveloped lots—before the formal meeting where the commission may take action.