ORS 227.505
Solar energy systems on residential and commercial structures


(1)

The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

(2)

The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

(3)

Approval of a permit application under ORS 227.160 (Definitions for ORS 227.160 to 227.186) to 227.186 (Notice to property owners of hearing on certain zone change) is, notwithstanding the definition of “permit” in ORS 227.160 (Definitions for ORS 227.160 to 227.186), a ministerial function if:

(a)

The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

(b)

The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

(4)

As part of the permit approval process, a city:

(a)

May not charge a fee pursuant to ORS 227.175 (Application for permit or zone change) for processing a permit;

(b)

May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

(c)

May charge building permit fees pursuant to ORS 455.020 (Purpose), 455.210 (Fees) and 455.220 (Surcharge on building permit fees).

(5)

Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

(a)

A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

(b)

A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

(c)

Located in an area designated as a significant scenic resource unless the material used is:

(A)

Designated as anti-reflective; or

(B)

Eleven percent or less reflective.

(6)

As used in this section, “solar photovoltaic energy system” has the meaning given that term in ORS 757.360 (Definitions for ORS 757.360 to 757.380). [2011 c.464 §2]
Note: 227.505 (Solar energy systems on residential and commercial structures) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 227.505 — Solar energy systems on residential and commercial structures, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

227.010
Definition for ORS 227.030 to 227.300
227.020
Authority to create planning commission
227.030
Membership
227.090
Powers and duties of commission
227.095
Definitions for ORS 227.100 and 227.110
227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission
227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city
227.120
Procedure and approval for renaming streets
227.160
Definitions for ORS 227.160 to 227.186
227.165
Planning and zoning hearings officers
227.170
Hearing procedure
227.172
Siting casino in incorporated city
227.173
Basis for decision on permit application or expedited land division
227.175
Application for permit or zone change
227.178
Final action on certain applications required within 120 days
227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days
227.180
Review of action on permit application
227.181
Final action required within 120 days following remand of land use decision
227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision
227.184
Supplemental application for remaining permitted uses following denial of initial application
227.185
Transmission tower
227.186
Notice to property owners of hearing on certain zone change
227.187
Public sale of copies of city comprehensive plan and land use regulations
227.188
Amendments to city comprehensive plan map
227.190
Solar access ordinances
227.195
Effect of land use regulations and comprehensive plans
227.215
Regulation of development
227.280
Enforcement of development legislation
227.283
Regulations applicable to resumption of nonconforming uses
227.286
Regulations applicable to public property
227.290
Building setback lines established by city council
227.300
Use of eminent domain power to establish setback lines
227.320
City program for demolition of residences or residential buildings
227.350
Notice of proposed wetlands development
227.400
Truck routes
227.450
Recycling containers
227.455
Clustered mailboxes in city streets and rights-of-way
227.500
Use of real property for religious activity
227.505
Solar energy systems on residential and commercial structures
227.600
Land use approval preapplication review
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