Chapter 17.113
LOT AREA, YARDS, AND HEIGHT RESTRICTIONS
Sections:
17.113.010 New buildings to be on a lot.
17.113.020 Lots not to be reduced below minimum.
17.113.030 Lot or yard areas not to be separated from the lot containing the building.
17.113.040 Yard areas not to be reduced.
17.113.050 Yards apply only to one building.
17.113.060 Yards to be unobstructed.
17.113.070 No parking in front yards, yards adjacent to a street, or landscaped areas.
17.113.080 Average yard setback adjacent to a street (front and exterior side yards).
17.113.090 Front yard projections.
17.113.100 Side yard projections.
17.113.110 Rear yard projections.
17.113.120 Height exceptions.
17.113.140 Stream setbacks.
17.113.010 New buildings to be on a lot.
Every building erected shall be located on a lot as herein defined. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.010.]
17.113.020 Lots not to be reduced below minimum.
No lot or parcel of land held under separate ownership at the effective date of the ordinance codified in this title shall be separated in ownership or reduced in size below the minimum lot width or lot areas required by this title, nor shall any lot or parcel of land held under separate ownership at the effective date of the ordinance codified in this title, which has a width or an area less than required by this title, be further reduced in any manner. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.020.]
17.113.030 Lot or yard areas not to be separated from the lot containing the building.
No portion of a lot necessary to provide the required area per dwelling unit shall be separated in ownership from the portion of the lot on which the building containing dwelling units is located. No required yard or other open space around an existing building shall be separated in ownership from the portion of the lot upon which the building is located. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.030.]
17.113.040 Yard areas not to be reduced.
No lot area shall be so reduced or diminished that the yards or other open space shall be smaller than prescribed by this title, nor shall the number of dwelling units be increased in any manner except in conformity with the regulations herein established. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.040.]
17.113.050 Yards apply only to one building.
No required yard or other open space or required driveway provided around or for any building or structure for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, nor shall any yard or other required space on an adjoining lot be considered as providing a yard or open space on the lot whereon the building is to be erected. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.050.]
17.113.060 Yards to be unobstructed.
Every required front, side and rear yard shall be open and unobstructed by buildings or structures from the ground to the sky except for those projections and accessory structures permitted by this title. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.060.]
17.113.070 No parking in front yards, yards adjacent to a street, or landscaped areas.
No parking shall be allowed exclusive of driveways within the required front yard areas. The side yard and rear yard areas may be used for parking of vehicles unless otherwise prohibited by this title. The yard areas and driveways adjacent to a street shall not be used for the permanent storage of utility trailers, house or vacation trailers, boats or other similar vehicles. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.070.]
17.113.080 Average yard setback adjacent to a street (front and exterior side yards).
Every building shall be set back from the front lot line at least 20 feet, except in the instance where the average depth of the other buildings on the same side of the street is between 20 and 10 feet, then the average depth may be used. The average depth is the average of the distance from the closest part of the foundation of the existing buildings to the front property line where the existing buildings are within 200 feet of the center of the proposed building, on the same side of the street, within the same block.
If existing buildings are within 10 feet of the property line then no less than 10 feet shall be used in figuring the average, or if existing buildings are more than 20 feet from the property line then the minimum requirement of 20 feet shall be used in figuring the average.
When, by this title or any other ordinance, a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.080.]
17.113.090 Front yard projections.
Planter boxes, chimneys and flues, steps, cornices, eaves, gutters, belt courses, leaders, sills, pilasters, lintels, and other ornamental features of not more than 24 inches, from main buildings, uncovered porches, covered but unenclosed porches when not more than one story high and which do not extend more than 10 feet beyond the front walls of the building, but in no case shall such projection come closer than 10 feet from the property line and the floors of which are not more than four feet above grade, are exempt from the front yard setback provisions and need not be included when determining the average setback. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.090.]
17.113.100 Side yard projections.
A. Cornices, eaves, gutters, and fire escapes, when not prohibited by any other code or ordinance, may project into a required side yard not more than one-third of the width of the side yard, nor more than three feet in any case.
B. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, and ornamental features may project not more than one and one-half feet into a required side yard; provided, however, chimneys and flues shall not exceed six feet in width.
C. Uncovered decks and patios attached to the main building when measured directly beneath the outside edge of the deck or patio may be extended to the side yard property line when they are three feet or less in height from ground level. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.100.]
17.113.110 Rear yard projections.
A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, gutters, and other ornamental features may project not more than one and one-half feet into a required rear yard; provided, however, chimneys and flues shall not exceed six feet in width.
B. A fire escape, balcony, outside stairway, cornice or other unenclosed, unroofed projections may project not more than five feet into a required rear yard and be set back at least six feet from any property line.
C. Planter boxes, steps, uncovered porches, covered but unenclosed porches including covered patios when not more than one story high and the floors, which are not more than four feet above grade and which shall not come closer than 14 feet from the rear lot line, are exempt from the minimum rear yard depth requirement. (See MCC 17.117.070, Accessory structures attached to the dwelling.)
D. No permitted projection into a required rear yard shall extend within 10 feet of the centerline of an alley, or of a rear lot line if no alley exists, or within six feet of an accessory building.
E. Uncovered decks and patios attached to the main building when measured directly beneath the outside edge of the deck or patio may be extended to the rear yard property line when they are three feet or less in height from ground level. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.110.]
17.113.120 Height exceptions.
A. Transmission towers and chimneys may exceed the maximum height of the zone in which they are located.
B. Towers containing wind turbines or windmills may exceed the maximum height requirements of the zone in which they are located, provided they:
1. Meet the required yard setbacks in the applicable zone; and
2. Are set back from all property lines a distance equal to at least the tower height plus the length of one blade at its total extended height.
C. Electronic communication antennas, such as radio and television receiving antennas, may exceed the height limits, but must meet provisions regulating such installation.
D. Ham (noncommercial) radio transmitting towers and antennas may exceed the height requirements but must meet any other provisions regulating such installations.
E. Steeples may exceed the maximum height of the zone in which they are located, provided:
1. That they do not contain any habitable space;
2. That they do not exceed 185 feet in height; and
3. That the planning commission or hearings officer permits a greater height, as a conditional use, when they are within 185 feet of or are in an RS zone. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.120.]
17.113.140 Stream setbacks.
To prevent encroachment of potential hazards in the floodplain of natural waterways, particularly those not having a designated floodplain, and to permit or afford better light, air, vision, stream pollution control, and to preserve the natural scenic amenities and vistas along the streams in all zones, there shall be a special setback from open waterways for all structures, fill, and outdoor storage as provided herein:
A. All septic tank, septic tank drain field, cesspool and pit privy disposal facilities shall meet State of Oregon Department of Environmental Quality (DEQ) standards.
B. Outdoor storage, fill, and structures, with the exception of bank stabilization structures, dams, weirs, cable crossings, power poles, docks, bridges, culverts, and ramps and streets leading thereto, are prohibited within the following setback areas:
1. Thirty feet from natural lakes of one acre or more, reservoirs of one acre or more, and from the following natural waterways more than 15 feet wide: Willamette River, Santiam River, North Fork of the Santiam, Butte Creek, and the Pudding River. (See Chapter 17.179 MCC, Greenway Management Overlay Zone).
2. Twenty feet from all other perennial rivers and streams, and any portion of the rivers and streams in subsection (B)(1) of this section that are less than 15 feet in width.
C. All measurements are horizontal and perpendicular from the line of nonaquatic vegetation, or the ordinary high waterline, whichever is furthest from the waterway.
D. Where the combination of setbacks required in the applicable zone and the stream setback result in a buildable lot depth of less than 50 feet an adjustment to the stream setback or the setback requirements of the applicable zone may be granted provided the adjustment is the minimum necessary to accommodate the proposed structure. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.140.]