Submitting the Building Permit Application

Knowing what I was up against, a bureaucratic brick wall and a thought process which purports the city's control over my property to be more than mine as the property owner,  I decided to go forward with my building permit application.  I supplied the city with all the pertinent information they would need to assess the viability of my modern wind generator.

The application included a photo of the Hi-VAWT Technology vertical axis wind turbine, electrical and mechanical technical specifications, a site plan including the proposed location of the wind turbine as well as pictures of other household installations which are similar to my application. I submitted the application on October 13, 2010.

I assumed that I would be starting a dialogue on how to accomplish my goal by working with the city.

Then came the impudent denial a short 2 days later on October 15, 2010.  There was hardly enough time for city staff to do much of a review of renewable energies, let alone wind turbines with any kind of due diligence.

 

The reasons for denial do not make sense or do not apply to my situation.  The city's position is that "Wind generators are not listed as a permitted accessory or conditional use within the City and more specifically the LR-1B lakeshore residential district where the property is located.  Therefore the use is not allowed."  There was no mention of an ordinance I would be violating (although I believe they were referring to sec. 78 of the Orono city code).

A conditional use is defined as (Sec. 78-1 Definitions) "Use, conditional, means those occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district...".  In order for my project to be classified as an conditional use, Iwould have to knock my house down and install a wind farm.  Far from what I proposed.

Accessory structure is defined as (Sec. 78-1 Definitions) "Accessory use or structure means a use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental to the principal use or structure."   The words 'customarily incedental'  refer to things people normally have such as decks, sheds and detached garages.  If nobody has a wind turbine, how can it be customarily to anything?

Further, my neighbors and many others have items located in this district which are not allowed as well.  They include but are not limited to:  light poles, flag poles, basketball hoops, basketball hoops with light poles, bug zappers, portable hot tubs, weather vanes/weather stations.

To this point:

• I was unable to get the zoning/planning coordinator to visit my site to discuss my project.
• I submitted my building permit application.
• The city never tried to communicate with me about my project and it's possibilities.
• I received a vague denial of my project with no mention of a possible ordinance violation.
• There was no direction provided by city staff to proceed in any way with my project.

It was getting near the end of October, winter was in the air and the ground was ready to freeze. I had to make a choice:

1. Capitulate to the city and submit to a lengthy and costly process which may result in complete denial of my renewable project as well as miss the opportunity to start capturing the wind resource available to my property before the ground thaws next spring
2. Proceed forward on installing the footing before the snow flew so I can be ready when my wind turbine arrives after the new year.

                                                                         So we started digging......


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