In their interpretation and application, the provisions of these Zoning Regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and to further the goals and objectives of the Lyons Comprehensive Plan.

(Prior code 9-2-1; Ord. 956 § 1, 2014)

The regulations established by this Chapter within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this Chapter, the following interpretations shall apply:

(1)

No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved or structurally altered, unless in conformity with all of the regulations herein specified for the zone in which it is located.

(2)

No building or other structure shall be erected or altered:

a.

To exceed the height limitations.

b.

To accommodate or house higher than maximum densities.

c.

To occupy a greater percentage of the area.

d.

To have narrower or smaller rear yards, front yards, side yards or other open spaces.

(3)

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building unless specific exception therefor is stated in this Chapter.

(4)

No yard or lot existing or approved prior to the effective date of this Chapter, May 5, 2008, shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.

(5)

Any use not permitted in a zone, either specifically or by interpretation by the Board of Trustees per Section 16-3-20 of this Chapter, is hereby specifically prohibited from that zone.

(Prior code 9-2-1; Ord. 956 § 1, 2014)

Whenever the requirements of this Chapter are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

(Prior code 9-2-1; Ord. 956 § 1, 2014)

In case of a conflict between this Chapter and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of this Chapter. When provisions within this Chapter are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within this Chapter, the provisions of this Chapter shall rule.

(Prior code 9-2-1; Ord. 956 § 1, 2014)

(a)

Zoning of land during annexation shall be done in accordance with the procedure and notice requirements of this Chapter. Any petitioner or petitioners initiating an annexation, or the Town Administrator or designee, in the care of an enclave annexation or annexation of Town-owned land, shall be required to initiate the rezoning process (establishment of initial zoning) in accordance with the requirements of this Chapter in order to ensure that the annexation ordinance and rezoning ordinance are decided by the Board of Trustees at the same meeting.

(b)

Any area annexed shall have zoning established in accordance with this Chapter, and the zoning ordinance shall be scheduled for final decision by the Board of Trustees at the same meeting at which the annexation ordinance is scheduled for final decision by the Board.

(Prior code 9-2-1; Ord. 956 § 1, 2014)

(Ord. No. 1021, § 1, 10-2-2017)