| Oregon State Law |
| Leaves it up to local authorities to determine solar access laws |
| Some Local Authorities with Solar Ordinances |
| Portland | |
| Eugene | |
| Ashland | |
| Troutdale | |
| Clackamas County |
| Portland |
| There is no such thing as a Solar Access Permit | ||
| There are Solar Access Requirements that developers must adhere to | ||
| Chapter 34.65 in the Subdivision and Partitioning Requirements (Title 34) | ||
| Effective December 23, 1988 | ||
| Only applies to new subdivisions | ||
| Recent News |
| Chapter 34.65 has been repealed and will be removed in 1-2 years |
| What does this mean for you? |
| There will be nothing in the new policy that affords you any solar rights | ||
| You can still enter into an easement between yourself and your neighbor | ||
| This is voluntary and is legally combined with the deed | ||
| Eugene |
| There are 3 ordinances | |
| Solar Lot Standard | |
| Solar Setback Standard | |
| Solar Access Guarantee |
| Solar Lot Standard |
| Determines how lots are laid out to maximize solar access | |
| Applies to new subdivisions |
| Solar Setback Standard |
| Determines placement of buildings on lots | ||
| A solar site plan is required in order to get a building permit | ||
| Residential or commercial | ||
| Solar Access Guarantee |
| Protects solar features from vegetation only | |
| Is a permit that must be applied for | |
| No one has applied for this in the last 10 years | |
| Recent News |
| Complete update of the land use code because local builders, developers, and some of the city building department staff thought the ordinances were too complex and restrictive. | |
| Estimated time is 5 years for complete code change |
| What are the changes? |
| Solar Lot Standard | ||
| Present 80% compliance now 70% | ||
| Presently all residential now only more dense areas | ||
| Solar Setback Standard | ||
| All commercial zones now exempt | ||
| Increased shade allowed by buildings | ||
| Solar Access Guarantee | ||
| Eliminated under new code | ||
| Most Substantial Change |
| If the new subdivision meets the city’s density requirements it will be exempt from the standard | |
| This gives developers an incentive to squeeze in as many houses as they can | |
| What is the holdup? |
| Waiting on city council approval on the constitutionality of Measure 7 |
| Ashland |
| Passed one of the first citywide access protection ordinances in the United States in 1981 | ||
| Property owners can apply for a Solar Access Permit for protection of shading by vegetation only. | ||
| Protection from shading by buildings depends on the zone in which the property is located. | ||
| Residential or commercial | ||
| Troutdale |
| Under Ordinance 161 there was a solar energy ordinance prepared by regional governments to promote retention of access to this resource. | |
| It was repealed and removed in 1997 | |
| Clackamas |
| Section 1017 | |
| Solar Access Ordinance For New Development | |
| Effective November 24, 1999 | |
| Ensures that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees. | |
| Very similar to the Portland standards |
| Solar Design Standards |
| 80% compliance for new subdivisions | |
| Planning Director determines exemptions | |
| Two options for compliance |
| Options |
| Solar Balance Point Ordinance |
| Similar to a access permit | ||
| Provides protection from structures and non-exempt vegetation on existing lots if located on a lot | ||
| that is subject to the solar design standard or | ||
| south of and adjoining a lot that complies | ||
| Procedure |
| Applicant wanting protection must file a note with the county which binds them and subsequent the protection | |
| County will be made a party and must give written approval for change of this note |
| Common Issues |
| Density is the main goal of city and private developers | |
| Residents are not exercising their rights and so the cities are taking them away | |
| Contacts |
| Eugene | |||
| Steve Still 541-484-4776 | |||
| Ashland | |||
| John McLoughlin 541-552-2043 | |||
| Portland | |||
| Permit and Zoning Department | |||
| 1900 SW Fourth Ave First Floor | |||
| Salem | |||
| Christopher Dymond or Roland Gilcrest 1-800-221-8035 | |||