West Linn City Zoning Code
CHAPTER 15
RESIDENTIAL, R-3
15.010 PURPOSE
The purpose of this zone is to provide for urban development at levels which relate to the site development limitations, proximity to commercial development and public facilities and public transportation, and to the surrounding development pattern. This zone is intended to carry out the intent of the Comprehensive Plan which is to provide for a choice in housing types and is intended to implement the policies and locational criteria in the Comprehensive Plan for high density residential housing. (Ord. 1745 § 1 (Exh. A), 2023)
15.020 PROCEDURES AND APPROVAL PROCESS
A. A use permitted outright, CDC 15.030, is a use which requires no approval under the provisions of this code, except that some uses require design review pursuant to CDC 15.090(B). If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 80 CDC.
B. A use permitted under prescribed conditions, CDC 15.050, is a use for which approval will be granted provided all conditions are satisfied; and
1. The Planning Director shall make the decision in the manner provided by CDC 99.060(A)(2), Administrative Procedures, except that no notice shall be required; and
2. The decision may be appealed by the applicant to the Planning Commission as provided by CDC 99.240(A).
C. The approval of a conditional use (CDC 15.060) is discretionary with the Planning Commission. The approval process and criteria for approval are set forth in Chapter 60 CDC, Conditional Uses. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 80 CDC.
D. The following code provisions may be applicable in certain situations:
1. Chapter 65 CDC, Non-conforming Uses Involving a Structure.
2. Chapter 66 CDC, Non-conforming Structures.
3. Chapter 67 CDC, Non-conforming Uses of Land.
4. Chapter 68 CDC, Non-conforming Lots, Lots of Record.
15.030 PERMITTED USES
The following uses are permitted outright in this zoning district:
1. Single-family attached or detached residential units.
a. Duplex residential units.
b. Triplex residential units.
c. Quadplex residential units.
2. Cottage cluster.
3. Multiple-family residential unit.
4. Townhouse.
5. Group residential units.
6. Community recreation.
7. Family day care.
8. Residential home.
9. Utilities, minor.
10. Manufactured home.
11. Transportation facilities (Type I). (Ord. 1226, 1988; Ord. 1354, 1994; Ord. 1500, 2003; Ord. 1584, 2008; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)
15.040 ACCESSORY USES
15.050 USES AND DEVELOPMENT PERMITTED UNDER PRESCRIBED CONDITIONS
The following uses are allowed in this zone under prescribed conditions.
1. Home occupations, subject to the provisions of Chapter 37 CDC.
2. Signs, subject to the provisions of Chapter 52 CDC.
3. Temporary uses, subject to the provisions of Chapter 35 CDC.
4. Water-dependent uses, subject to the provisions of Chapters 28 and 34 CDC.
5. Wireless communication facilities, subject to the provisions of Chapter 57 CDC.
6. Senior citizen/handicapped housing facilities with a maximum number of units 50 percent above the allowed density for the property; provided, that the following conditions shall apply:
a. Facilities intended for senior citizens shall be restricted to persons 60 years and older. In the case of households with two or more members, at least one member of the household shall be 60 years or older.
b. Building height restrictions shall be the same as the subject zoning district.
c. Community space and related equipment shall be required to provide social and recreational opportunities for project occupants. Included may be such facilities as game rooms, meeting rooms, music or craft rooms. At least one community room within a project shall include a service area with a kitchen sink, countertop and storage cabinets, and shall have access to a storage area sized to store tables, chairs and janitorial supplies. All complexes shall have a minimum of 15 square feet of community space per occupant, based on one person per bedroom.
d. Congregate dining facilities providing regular daily meals for residents shall be provided.
e. A minimum of 10 square feet of general storage area other than regular kitchen, bedroom and linen storage shall be provided within each unit. Complexes which do not include laundry facilities in the units shall have shared laundry facilities accessible to all tenants.
f. The maximum number of units allowed in a senior citizen or handicapped housing facility shall be 50 percent above the allowed density for the property.
g. The design of the building(s) and the site and landscaping plans shall be subject to Chapter 55 CDC, Design Review. Special considerations for this use are the following:
1) A minimum of 25 percent of the property shall be in landscaping. The landscaping shall include areas for outdoor recreation, pedestrian access and amenities, and visual and sound buffering of adjacent properties.
2) No more than 25 percent of the total number of units may be used for nursing care patients.
3) Minimum front, rear and side yard setbacks shall be the same as the underlying district unless the applicant requests discretionary review, and the approval authority finds that a greater setback is indicated by uses and structures on surrounding properties or unique circumstances of the site. (Ord. 1408, 1998; Ord. 1565, 2008; Ord. 1745 § 1 (Exh. A), 2023)
15.060 CONDITIONAL USES
The following uses are conditional uses which may be allowed in this zoning district subject to the provisions of Chapter 60 CDC, Conditional Use.
1. Certified child care center.
2. Cultural exhibits and library services.
3. Lodge, social, community center and civic assembly.
4. Nursing home.
5. Public safety facilities.
6. Public support facilities.
7. Religious institution.
8. Residential facility.
9. Schools.
10. Senior center.
11. Utilities, major.
12. Transportation facilities (Type II). See CDC 60.090 for additional approval criteria. (Ord. 1377, 1995; Ord. 1378, 1995; Ord. 1411, 1998; Ord. 1500, 2003; Ord. 1584, 2008; Ord. 1604 §§ 12, 13, 2011; Ord. 1675 § 19, 2018; Ord. 1745 § 1 (Exh. A), 2023)
15.070 DIMENSIONAL REQUIREMENTS, USES PERMITTED OUTRIGHT AND USES PERMITTED UNDER PRESCRIBED CONDITIONS
Except as may be otherwise provided by the provisions of this code, the following are requirements for uses within this zone:
STANDARD | REQUIREMENT | ADDITIONAL NOTES | |
|---|---|---|---|
Minimum lot size |
|
| |
| For single-family detached units | 3,000 sf |
|
| For single-family attached units | 3,000 sf | |
| Multifamily dwelling units | 3,000 sf | |
| Average minimum lot or parcel size for a townhouse project | 1,500 sf | |
Minimum lot width at front lot line | 35 ft | Does not apply to townhouses or cottage clusters | |
Minimum yard dimensions or minimum building setbacks |
| Front, rear, and side yard setbacks for a cottage cluster project are 10 ft. There are no additional setbacks for individual structures on individual lots, but minimum distance between structures shall follow applicable building code requirements. | |
| Front yard | 15 ft | Except for steeply sloped lots where the provisions of CDC 41.010 shall apply |
| Garage | 20 ft | |
| Interior side yard | 5 ft | Townhouse common walls that are attached may have a 0-ft side setback. |
| Street side yard | 15 ft |
|
| Rear yard | 15 ft | Except that in the case of an apartment structure in this district, an additional yard area may be required between the structure in this district and any adjacent low density residential uses. |
Maximum building height | 35 ft | Except for steeply sloped lots in which case the provisions of Chapter 41 CDC shall apply. | |
Maximum lot coverage | 50% | Maximum lot coverage does not apply to duplexes, triplexes, quadplexes, townhouses or cottage clusters. However, the maximum building footprint for a cottage cluster is less than 900 sf per dwelling unit. • This does not include detached garages, carports, or accessory structures. • A developer may deduct up to 200 sf for an attached garage or carport. | |
Maximum floor area ratio | 0.45 | Maximum FAR does not apply to duplexes, triplexes, quadplexes, multifamily units, townhouses or cottage clusters. Type I and II lands shall not be counted toward lot area when determining allowable floor area ratio, except that a minimum floor area ratio of 0.30 shall be allowed regardless of the classification of lands within the property. That 30 percent shall be based upon the entire property including Type I and II lands. Existing residences in excess of this standard may be replaced to their prior dimensions when damaged without the requirement that the homeowner obtain a non-conforming structures permit under Chapter 66 CDC. | |
A. The sidewall provisions of Chapter 43 CDC shall apply. (Ord. 1538, 2006; Ord. 1622 § 24, 2014; Ord. 1675 § 20, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)
15.080 DIMENSIONAL REQUIREMENTS, CONDITIONAL USES
Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). (Ord. 1636 § 13, 2014; Ord. 1745 § 1 (Exh. A), 2023)
15.090 OTHER APPLICABLE DEVELOPMENT STANDARDS
A. The following standards apply to all development including permitted uses:
1. Chapter 34 CDC, Accessory Structures, Accessory Dwelling Units, and Accessory Uses.
2. Chapter 35 CDC, Temporary Structures and Uses.
3. Chapter 38 CDC, Additional Yard Area Required; Exceptions to Yard Requirements; Storage in Yards; Projections into Yards.
4. Chapter 41 CDC, Building Height, Structures on Steep Lots, Exceptions.
5. Chapter 42 CDC, Clear Vision Areas.
6. Chapter 44 CDC, Fences.
7. Chapter 46 CDC, Off-Street Parking, Loading and Reservoir Areas.
8. Chapter 48 CDC, Access, Egress and Circulation.
9. Chapter 52 CDC, Signs.
10. Chapter 54 CDC, Landscaping.
B. The provisions of Chapter 55 CDC, Design Review, apply to all uses except attached and/or detached single-family dwellings, cottage clusters, townhouses, manufactured homes, accessory dwelling units, residential homes and residential facilities. (Ord. 1590 § 1, 2009; Ord. 1675 § 21, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)