This title shall be known as the “Lyons Zoning Ordinance of 1980.” [Ord. P10-21 § 1.010, 1997.]

The purpose of this title is to promote the public health, safety and general welfare and to assist in the implementation of the Lyons comprehensive plan and applicable statewide planning goals and guidelines and applicable federal regulations. [Ord. P10-21 § 1.020, 1997.]

As used in this title, the following words and phrases shall mean:

“Accessory dwelling” means an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling.

“Accessory structure” or “accessory use” means a structure or use incidental, appropriate and subordinate to the main use of property and located on the same lot as the main use.

“Adjoining” means touching or bounding at a point or line. In the case of lots, tracts or parcels of land, it refers to those joined by a common boundary line or point.

“Alley” means a street that affords only a secondary means of access to property.

“Building” means a structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

“Building line” means a line on a plat or map indicating the limit beyond which buildings or other structures may not be erected.

“City” means the city of Lyons, Oregon.

“City council” means the city council of Lyons, Oregon.

“City planning commission” means the planning commission of Lyons, Oregon.

“Comprehensive plan” means a plan adopted by the city planning commission and city council as a guide for the development of the city, including modification or refinements which may be made from time to time.

“Day care facility” means a facility that provides day care to children, including a day nursery, nursery school group or similar unit operating under any name, but not including: (A) a facility providing care that is primarily educational, unless provided to a preschool child for more than four hours a day; (B) a facility providing care that is primarily supervised training in a specific subject, including but not limited to dancing, drama, music or religion; (C) a facility providing care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; (D) a facility operated by a school district, political subdivision of this state or a governmental agency; (E) a residential facility licensed under ORS 443.400 through 443.455.

“Development” means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions and creating or terminating a right of access.

“Dwelling, multiple-family” means a building containing two or more dwelling units.

“Dwelling, single-family” means a detached building containing one dwelling unit.

“Dwelling unit” means one or more rooms designed for occupancy by one family and not having more than one cooking facility. For the purpose of this title, a mobile home is not a dwelling unit.

“Family” means a group of individuals living together within a dwelling unit.

“Family day care provider” means a day care provider who regularly provides day care in the family living quarters of the provider’s home to fewer than 13 children, including children of the provider, regardless of full- or part-time status.

“Fence, sight-obscuring” means a fence or evergreen planting arranged in such a way as to obstruct vision.

“Floor area” means the area included in the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts.

“Garage, private” means an accessory building or portion of a main building used for the parking or temporary storage of vehicles owned or used by occupants of the main building.

“Garage, public” means a building other than a private garage used for the care, repair and/or servicing of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.

“Grade (ground level)” means the average of the finished ground level at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the above ground level should be measured at the sidewalk.

“Height of building” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

“Home occupation” means a lawful activity commonly carried on within a dwelling by members of the family occupying the dwelling with no servant, employee, or other person being engaged; provided, that:

1. The residence character of the building is maintained;

2. The home occupation shall be limited to either a pre-existing garage or accessory structure, or not over 25 percent of the floor area of the main floor of a dwelling. If located within an accessory structure or a garage, the home occupation shall not utilize over 500 square feet of floor area;

3. The activity is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy peaceful occupancy of their homes.

“Hospital” means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.

“Kennel” means a lot or building in which four or more dogs, cats or animals at least four months of age are kept commercially for board, propagation, training or sale.

“Lot” means a unit of land created by a subdivision of land. Requirements of this title affecting lots shall also affect parcels in the same zone.

“Lot area” means the total horizontal area within the lot lines of a lot.

“Lot, corner” means a lot abutting on two intersecting streets other than an alley; provided, that the streets do not intersect at an angle greater than 135 degrees.

“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

“Lot, interior” means a lot other than a corner lot.

“Lot line” means the property line bounding a lot.

“Lot line, front” means the lot line separating the lot from a street other than an alley and in the case of a corner lot, the shortest lot line along a street other than an alley.

“Lot line, rear” means the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line.

“Lot line, side” means any lot line not a front or rear lot line.

“Lot width” means the average horizontal distance between the side lot lines.

“Manager” means the city manager of Lyons, Oregon.

Manufactured Dwelling. A “manufactured dwelling” is either a mobile home or a manufactured home.

“Manufactured dwelling park” means a lot upon which four or more manufactured dwellings occupied for living or sleeping purposes are located, regardless of whether a charge is made for such accommodation.

“Manufactured home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal and state manufactured housing construction and safety standards regulations in effect at the time of construction. A manufactured home is a home built on or after June 15, 1976, to the standards and requirements of the National Home Construction and Safety Standards Act of 1974 as those standards are or may be amended.

“Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

“Motel (hotel, rooming house)” means a building or group of buildings used for transient residential purposes, containing units for rent.

“Nonconforming structure or lot” means a lawful existing structure or lot at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the dimensional or similar standards of the zone in which it is located.

“Nonconforming use” means a lawful existing use at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the use requirements of the zone in which it is located.

“Nursing home” means any home, place or institution which operates and maintains facilities providing convalescent or chronic care, or both, for a period exceeding 24 hours for two or more ill or infirm patients not related to the nursing home administrator by blood or marriage. This shall also include a hospice.

“Owner” means any person or agent listed with the Linn County assessor as having ownership of subject real property or, where there is a recorded land sales contract in force, the purchaser thereunder.

“Parcel” means a unit of land created by a partitioning of land.

Parcel Area. See “Lot area.”

Parcel, Corner. See “Lot, corner.”

Parcel Depth. See “Lot depth.”

Parcel, Interior. See “Lot, interior.”

Parcel Line. See “Lot line.”

Parcel Line, Front. See “Lot line, front.”

Parcel Line, Rear. See “Lot line, rear.”

Parcel Line, Side. See “Lot line, side.”

Parcel Width. See “Lot width.”

“Parking space” means a rectangular area not less than 20 feet long and eight and one-half feet wide, permanently reserved for the temporary storage of an automobile and connected with a street, alley, or driveway which affords ingress and egress for automobiles.

“Person” means every natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.

“Residential facility” means a facility licensed under ORS 443.400 through 443.455 for 11 or fewer unrelated physically or mentally handicapped persons or elderly persons and not to exceed two staff persons who need not be related to each other or to any other facility resident.

“Residential home” means a residence for five or fewer unrelated physically or mentally handicapped persons and for staff persons who need not be related to each other or to any other home resident.

“Service station, automobile” means a place or station designed and used primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles, but excluding major repair and overhauling.

“Sign” means a presentation or representation, other than a house number that, by words, letters, figures, designs, pictures or colors is publicly displayed and gives notice relative to a person, business, article or merchandise, a service, an assemblage, a solicitation, or a request for aid or other type of advertising. This includes the surface upon which the presentation or representation is displayed. Each display surface of a sign shall be considered a sign.

“Street” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, and includes the terms “road,” “highway,” “avenue,” or similar designations.

1. “Alley” means a street through the middle of a block which gives access to the rear of lots and provides secondary access to properties.

2. “Arterial, local” means a street intended to carry traffic to and from major traffic generators; to carry traffic to and from major residential section of the community; to carry traffic to and from major outlying rural areas; to supplement the state highway system; to be used primarily for through traffic; and to provide for longer trips at higher speeds than other elements of the local street system. Arterials shall be wide enough to accommodate two traffic lanes, a center turn lane, and two bikeways.

3. “Bikeway” means a six-foot portion of a street right-of-way developed for bicycle traffic.

4. “Collector” means a street intended to carry traffic between minor streets and the arterial system; to function as primary traffic carriers within a neighborhood; and to provide for intermediate trip lengths with moderate to low traffic volume.

5. “Cul-de-sac” means a short street with one end open to traffic and the other terminated with a vehicle turnaround.

6. “Half street” means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.

7. “Industrial street” means a street used primarily for heavy industrial traffic.

8. “Local residential street” or “minor street” means a street intended to provide access to abutting properties but which provides for short trip length with very low traffic volume and low speed.

9. “Residential access easement” is an easement of vehicular access to property intended for residential use to be used only when it is not feasible to provide access to the property on a publicly owned street other than an alley. A residential access easement shall be granted only as a variance to both the subdivision ordinance and the zoning ordinance. Residential access easements shall comply with the standards as outlined in the adopted city of Lyons street development standards.

10. “Turn lane” is a dedicated traffic lane used at intersections to direct traffic for right and left turns. Center turn lanes separate traffic lanes in opposing directions and are designated for left turns only.

11. “Turnpike street” is a public street which has been paved for the handling of vehicular traffic, but which does not have curbs, sidewalks or storm drain facilities.

“Structural alteration” means any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders or structural change in the roof or in the exterior walls.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“Use” means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied and maintained.

“Vision clearance area” means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersection have rounded corners, the lot lines will be extended in a straight line to a point of intersection.

“Yard” means an open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this title.

“Yard, front” means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley shall be considered a front yard.

“Yard, rear” means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a main building.

“Yard, side” means a yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of a main building.

“Zoning official” means an employee of the city of Lyons charged by the city council with the authority and duties to enforce the provisions of this title. [Ord. 2021-4 § 3, 2021; Ord. P10-65-2019 § 2, 2019; Ord. G2-2015 § 1, 2015; Ord. G4-2007, 2007; Ord. G1-2006 § 31, 2006; Ord. P10-21 § 1.030, 1997. Amended during 2006 recodification.]