City Planning and Zoning
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]
Atty. Gen. Opinions
Fasano v. Bd. of County Commrs., application to city governing bodies and planning commissions, (1974) Vol 36, p 960