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West Linn City Zoning Code

CHAPTER 38

ADDITIONAL YARD AREA REQUIRED; EXCEPTIONS TO YARD REQUIREMENTS; STORAGE IN YARDS; PROJECTIONS INTO YARDS

38.020 NO YARD REQUIRED; STRUCTURE NOT ON PROPERTY LINE

In zones where a side yard or a rear yard setback is not required, a structure which is not to be built on the property line shall be set back from the property line by at least three feet, except as prescribed in CDC 58.090(C)(1). (Ord. 1675 § 36, 2018; Ord. 1745 § 1 (Exh. A), 2023)

38.030 SETBACK FROM STREET CENTERLINE REQUIRED

A.    Purpose. To ensure improved light, air, and sight distance and to protect the public health, safety and welfare, a setback in addition to the yard requirements of the zone may be required where the right-of-way is inadequate. A determination shall be made based on the street standards contained in CDC 85.200(A).

B.    The minimum yard requirement shall be increased to provide for street widening in the event a yard abuts a street having a right-of-way width less than required by its functional classification, as indicated in the West Linn Transportation System Plan. In such case, the setback from the street centerline shall be not less than the setback required by the zone plus one-half of the right-of-way width standard established in the “constrained” version of the applicable cross-section in TSP Exhibits 6 through 9; however

C.    The minimum distance from the wall of any structure to the centerline of an abutting street shall not be less than 25 feet plus the yard required by the zone. This provision shall not apply to existing rights-of-way whose required width is 50 feet or greater. (Ord. 1745 § 1 (Exh. A), 2023)

38.040 EXCEPTIONS TO YARD REQUIREMENTS

A.    Purpose. The following standards allow exceptions to front yard requirements for residential dwellings when abutting lots are developed with dwellings that were built to a previous front yard setback standard:

B.    If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots.

C.    If there are garages on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the garage for the intervening lot need not exceed the average depth of the front yards of the abutting lots.

D.    If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the subject lot need not exceed a depth halfway between the depth of the abutting lot and the required front yard depth.

E.    If there is a garage on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the garage for the subject lot need not exceed a depth halfway between the depth of the abutting lot and the required front yard depth. (Ord. 1276, 1990; Ord. 1745 § 1 (Exh. A), 2023)

38.050 STORAGE IN FRONT YARD

Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of three-quarter-ton capacity shall not be stored in a required front yard in a residential zone if the location creates an obstruction to the vision of passing motorists which constitutes a potential traffic hazard. (Ord. 1745 § 1 (Exh. A), 2023)

38.060 PROJECTIONS INTO REQUIRED YARDS

A.    Repealed by Ord. 1635.

B.    Cornices, eaves, belt courses, sills, canopies, or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such side yard is not reduced to less than three feet. Projections into the side yard may not include living space such as bay windows or overhanging breakfast nooks, etc.

C.    Projections that include living space such as bay windows or overhanging breakfast nooks, etc., may extend into the front or rear yard setbacks, but no more than two feet. The footprint or foundation of the house may not encroach into the front or rear setback area.

D.    Fireplace chimneys may project into a required front, side or rear yard not more than three feet, provided the width of such side yard is not reduced to less than three feet.

E.    The presence of an easement within a required yard is a limitation to projections. Uncovered open porches, decks, or balconies, not more than 30 inches in height above grade and not covered by a roof or canopy, may extend or project into a required front or rear yard until the projection reaches a utility easement or comes within five feet of the property line, whichever provides a greater distance from the property line. The uncovered deck, porch or balcony may go into side yard setback leaving at least three feet to the property line. Encroachment into a utility easement is not allowed, except as provided below:

1.    Uncovered open porches, decks, or balconies may extend into an existing utility easement, provided:

a.    A minimum vertical clearance of 12 feet is maintained between the lowest point of the deck and the ground; and

b.    That no posts are installed within the easement.

2.    These provisions do not apply in the Willamette Historic District.

F.    Front and rear porches, covered porches, unroofed landings and stairs (over 30 inches in height) may encroach into the front or rear yard setback up to five feet. Homes on corner lots may have a front porch that wraps around to the side street side. The porch on the side street may also encroach five feet into the required street side setback area. Enclosed porches are not permitted to encroach. The roofline of the house may be extended to cover the porch but no enclosed habitable space shall be allowed inside the front yard setback (e.g., dormers). These provisions do not apply in the Willamette Historic District. (Ord. 1291, 1990; Ord. 1308, 1991; Ord. 1401, 1997; Ord. 1635 § 22, 2014; Ord. 1745 § 1 (Exh. A), 2023)