(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 to 227.186 is, notwithstanding the definition of "permit" in ORS 227.160, 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 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, 455.210 and 455.220.
(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. [2011 c.464 ยง2]
Note: 227.505 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.
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 227 - City Planning and Zoning
Section 227.020 - Authority to create planning commission.
Section 227.090 - Powers and duties of commission.
Section 227.160 - Definitions for ORS 227.160 to 227.186.
Section 227.170 - Hearing procedure; rules.
Section 227.172 - Siting casino in incorporated city.
Section 227.180 - Review of action on permit application; fees.
Section 227.181 - Final action required within 120 days following remand of land use decision.
Section 227.188 - Amendments to city comprehensive plan map.
Section 227.190 - Solar access ordinances; purpose; standards.
Section 227.215 - Regulation of development.
Section 227.283 - Regulations applicable to resumption of nonconforming uses.
Section 227.290 - Building setback lines established by city council; criteria.
Section 227.320 - City program for demolition of residences or residential buildings.
Section 227.350 - Notice of proposed wetlands development; exception; approval by city.
Section 227.400 - Truck routes; procedures for establishment or revision; notice; hearing.
Section 227.450 - Recycling containers; recommendations for new construction.
Section 227.455 - Clustered mailboxes in city streets and rights-of-way.
Section 227.505 - Solar energy systems on residential and commercial structures.