[RE-wrenches] Solar rights precedent

[Paul Lyons]

William -

 

The zoning ordinances in "our fair city" recognize solar equipment as
mechanical rooftop equipment, which is exempt from the building height
restriction.  Therefore the zoning officer routinely approves our building
permits for solar PV or solar thermal without delay.

 

Regards,

 

Paul Lyons, P.E.

Zapotec Energy Inc.

675 Massachusetts Ave

Cambridge, MA 02139-3309

Tel: 617-547-5900  ext.201

Fax: 617-547-5901

Mobile: 617-285-0634

Email: Lyons at ZapotecEnergy.com

 

 

Date: Thu, 25 Feb 2010 10:27:17 -0800

From: William Miller <william at millersolar.com>

To: RE-wrenches <re-wrenches at lists.re-wrenches.org>

Subject: [RE-wrenches] Solar rights precedent

 

 

Friends:

 

We are applying for a building permit in a small coastal community near here
for a PV system.  The arrays will be on the flat roof of a house that is
right up against the allowable building height.  The city is requiring that
we apply for a waiver to exceed the allowed height.  As I read California
law, it allows public agencies to rule on a permit application only in
regards to public safety and health issues.  Repeated letters to the city
attorney has failed to result in how a building height limitation is a mater
of public health and safety.

 

Have any of you successfully fought a building department on this issue?  If
so, is there any written documentation on the issue that I can use?

 

Thanks in advance,

 

William Miller

 

Please note new e-mail address and domain:

 

William Miller

Miller Solar

Voice :805-438-5600

email: william at millersolar.com

http://millersolar.com

License No. C-10-773985

 

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