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West Linn City Zoning Code

CHAPTER 43

SINGLE-FAMILY RESIDENTIAL SIDE-YARD TRANSITIONS

43.010 PURPOSE

New homes, both infill and in new subdivisions, particularly new homes around the perimeter of the new subdivision, need to be compatible with adjacent existing homes, especially when the new house is bigger than the existing one. To this end, transitions shall be required to avoid a monolithic and overbearing sidewall. (Ord. 1538, 2006 ; Ord. 1745 § 1 (Exh. A), 2023)

43.020 APPLICABILITY

These provisions shall apply to all new single-family attached and detached construction and additions that increase the area of a side yard building elevation by 700 square feet or more, except designated historic resources. (Ord. 1538, 2006; Ord. 1614 § 9, 2013; Ord. 1745 § 1 (Exh. A), 2023)

43.030 ADMINISTRATION

The Planning Director shall apply the standards of this chapter during the administrative review of building permits. No notice is required. In the event that an individual or other party wants to appeal the Planning Director’s decision relative to this chapter, they may appeal the decision to the City Council within 14 days of the final decision per CDC 99.140. For the purpose of determining the date of the final decision it shall be the Community Development Department’s stamped approval date on the plans. (Ord. 1538, 2006; Ord. 1621 § 25, 2014 ; Ord. 1745 § 1 (Exh. A), 2023)

43.040 GENERAL PROVISIONS

New construction or remodels to the side wall of existing dwellings shall transition to dwellings on either side, or satisfy one of the exemptions.

A.    The side elevation of the dwelling must be divided into smaller areas or planes to minimize the appearance of bulk when viewed from the neighboring properties or a side street. When the side elevation of the building (including an attached garage) is more than 700 square feet in area, the elevation must be divided into distinct planes of 700 square feet or less. For the purpose of this standard, a distinct plane is created when there is a recessed or projecting section of the structure that projects or recedes at least two feet, for a length of at least six feet (see example in Figure 1).

Figure 1

B.    Exemptions. The following are exempt from the standards in subsection A of this section:

1.    The side of dwellings that are built 20 feet or more from the side lot line (see Figure 2).

2.    Dwellings on steep lots where the peak of the roof would be no more than 24 feet above the average street grade (see Figure 3).

3.    Dwellings whose side yards are contiguous to a permanent open space, unbuildable areas (those areas constrained by features such as wetlands, drainageways, etc., that would make residential construction impossible), or non-residentially zoned lands (see Figure 4). (Except no exemption is allowed if the side yard is contiguous to a park.)

4.    Dwellings that have the gable end facing the side lot line (see Figure 5).

5.    Replacement in kind of building materials on the sidewall of an existing dwelling. For example, the replacement of siding would be exempt.

6.    Sidewalls that do not exceed 22 feet as measured from grade at the midpoint of the sidewall to the eaves (see Figure 6).

7.    Exempted sidewalls can resume vertically after minimum seven-and-one-half-foot setback (see Figure 7).

 

EXEMPTIONS FROM SIDE WALL STANDARD 

Dwellings that are built 20 feet or more from the side lot line (CDC 43.040(B)(1))

Figure 2

Dwellings on steep lots where the roof would be no more than 24 feet above average street grade (CDC 43.040(B)(2))

Figure 3

Homes next to open space, etc. (CDC 43.040(B)(3))

Figure 4

Dwellings with the gable end facing the side lot line (CDC 43.040(B)(4))

Figure 5

Sidewalls that do not exceed 22 feet as measured from grade at the midpoint of the sidewall to the eaves (CDC 43.040(B)(6))

Figure 6

Exempted sidewalls can resume vertically after minimum seven-and-one-half-foot setback (CDC 43.040(B)(7))

Figure 7

(Ord. 1538, 2006; Ord. 1675 § 37, 2018; Ord. 1745 § 1 (Exh. A), 2023)

43.050 VARIANCE

In cases where the sidewall transitions and/or exemptions do not reasonably accommodate a house design, the applicant may apply for a Class II variance under Chapter 75 CDC. (Ord. 1538, 2006 ; Ord. 1745 § 1 (Exh. A), 2023)