West Linn City Zoning Code
CHAPTER 08
RESIDENTIAL, R-40
08.010 PURPOSE
The purpose of this district is to provide for development where there are some available services, but the services will not support the development of land at more urban densities. The intent of the zone is to allow development at a level based on the existing service level, but in a manner which does not adversely impact environmentally sensitive areas. This zone may also be applied to areas where public harm to wildlife habitats may result if developed at a higher density. (Ord. 1745 § 1 (Exh. A), 2023)
08.020 PROCEDURES AND APPROVAL PROCESS
A. A use permitted outright, CDC 08.030, is a use which requires no approval under the provisions of this code, except that some uses require design review pursuant to CDC 08.090(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 08.050, is a use for which approval will be granted provided all the 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;
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 08.060) 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.
08.030 PERMITTED USES
The following uses are permitted outright in this zone:
1. Community recreation.
2. Cottage cluster.
3. Family day care.
4. Public support facilities.
5. Residential home.
6. Single-family attached or detached residential unit.
a. Duplex residential units.
b. Triplex residential units.
c. Quadplex residential units.
7. Townhouse.
8. Utilities, minor.
9. Manufactured home.
10. Transportation facilities (Type I). (Ord. 1354, 1994; Ord. 1500, 2003; Ord. 1584, 2008; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)
08.040 ACCESSORY USES
08.050 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. Sign, subject to the provisions of Chapter 52 CDC.
3. Temporary use subject to the provisions of Chapter 35 CDC.
4. Agricultural or horticultural use; provided, that no retail or wholesale business sales office is maintained on the premises; and provided, that poultry or livestock shall not be permitted within 100 feet of any residence other than a dwelling on the same lot, nor on a lot less than one acre or which has less than 20,000 feet per head of livestock. These uses are subject to the nuisance provisions found in Section 5.400 et seq. of the West Linn Municipal Code. (Ord. 1565, 2008; Ord. 1624 § 2, 2014; Ord. 1745 § 1 (Exh. A), 2023)
08.060 CONDITIONAL USES
The following are conditional uses which may be allowed in this zoning district subject to the provisions of Chapter 60 CDC, Conditional Uses.
1. Cultural exhibits and library services.
2. Lodge, social, community center and civic assembly.
3. Public safety facilities.
4. Recycle collection center.
5. Religious institution.
6. Schools.
7. Utilities, major.
8. Aggregate extraction except aggregate extraction on submersible land subject to valid permits from the U.S. Army Corps of Engineers and the Oregon State Land Board.
9. Transportation facilities (Type II). See CDC 60.090 for additional approval criteria. (Ord. 1538, 2006; Ord. 1565, 2008; Ord. 1584, 2008; Ord. 1604 § 4, 2011; Ord. 1745 § 1 (Exh. A), 2023)
08.070 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 the requirements for uses within this zone:
STANDARD | REQUIREMENT | ADDITIONAL NOTES | |
|---|---|---|---|
Minimum lot size Average minimum lot or parcel size for a townhouse project | 40,000 sf 1,500 sf | For a single-family attached or detached unit | |
Minimum lot width at front lot line | 150 ft | Does not apply to townhouses or cottage clusters | |
Average minimum lot width | 150 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 | 30 ft | Except for steeply sloped lots where the provisions of CDC 41.010 shall apply |
| Interior side yard | 10 ft | Townhouse common walls that are attached may have a 0 ft side setback. |
| Street side yard Townhouse street side yard | 30 ft 15 ft |
|
| Rear yard | 30 ft |
|
Maximum building height | 40 ft | Except for steeply sloped lots, in which case the provisions of Chapter 41 CDC shall apply | |
Maximum lot coverage | 25% | Maximum lot coverage does not apply to 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. | |
Minimum accessway width to a lot which does not abut a street or a flag lot | 20 ft |
| |
Maximum floor area ratio | 0.45 | Maximum FAR does not apply to 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. | |
1. The sidewall provisions of Chapter 43 CDC shall apply. (Ord. 1377, 1995; Ord. 1622 § 24, 2014; Ord. 1675 § 2, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)
08.080 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 § 5, 2014; Ord. 1745 § 1 (Exh. A), 2023)
08.090 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 § 3, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)