Provisions
Accessory uses shall comply with all requirements for a principal use, except where specifically modified by this section. Accessory uses shall not be used for human habitation except as specified in this section. Accessory uses shall comply with the following standards:
A. Fences, hedges or walls may be located within required yards, except at the intersection of the edge of a driveway and property line in which a 15-foot clear vision area shall be maintained as described in LMC 18.30.100. Elsewhere, fences, hedges and walls shall not exceed six feet in height in residential and commercial zones and eight feet in height in industrial zones.
B. A greenhouse or hothouse may be maintained accessory to a dwelling. No sales shall be made from a greenhouse or hothouse maintained as an accessory use in a residential zone unless it is operating as a home occupation.
C. Regardless of the side yard requirements of the zone, in a residential zone a side or rear yard may be reduced to three feet for an accessory structure erected more than 65 feet from a street other than an alley, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 square feet.
D. Accessory structures, other than garages, shall be detached from all other buildings by at least eight feet.
E. A garage shall be located a minimum of 25 feet from the front property line, 10 feet from the street side property line and five feet from the interior property line.
F. Residential yard, lot size and lot coverage standards affecting a single-family dwelling permitted in an industrial zone as a caretaker or night watchman residence, if attached to the industrial establishment, may be waived by the city planning commission.
G. Boats, trailers, detached campers, motorized dwellings and similar recreation equipment may be stored on a lot as an accessory use to a dwelling; provided, that:
1. Storage shall not be permitted on the street right-of-way; and
2. Storage shall not be permitted in a front or street side yard.
H. Temporary Occupancy of Recreation Vehicle or Other Mobile Residence.
1. Except as provided for in subsection (H)(2) of this section, and in LMC 18.30.020, a recreational vehicle, trailer, camper or other mobile residence may be used for sleeping or housekeeping purposes only under one of the following circumstances:
a. It is located within an approved recreation vehicle park.
b. It is located on the premises of a private residence and shall be occupied for a period of not more than 14 consecutive days within any 28-day period.
c. It is located within the street right-of-way and shall be occupied for a period of not more than 96 consecutive hours within any 14-day period.
2. The city council may approve a temporary use permit for the location of a recreation vehicle, camper, trailer, or other mobile residence on the premises of a private residence under the following circumstances:
a. An application for a temporary use permit for a residence shall be filed with the city manager at least 10 days prior to the city council meeting at which the request shall be considered. A filing fee shall accompany an application for a temporary use permit for a residence. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council.
b. The temporary residence shall be for a period of not more than 90 consecutive days and shall be located on the property to alleviate a temporary housing hardship which cannot otherwise be satisfied within a recreation vehicle park. If the hardship has not been alleviated the city council may renew the temporary use permit for an additional 90-day period.
c. The temporary housing hardship shall be related to either a verified medical circumstance or a verified problem resulting from fire or other disaster.
d. Conditions may be imposed which the city council deems appropriate to maintain the public health and safety and the overall appearance of the neighborhood. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. G1-2006 § 28, 2006; Ord. P10-21 § 6.010, 1997. Amended during 2006 recodification.]
A recreation vehicle may be placed on a lot while a single-family dwelling or a manufactured home is being constructed or placed on the site, subject to the provisions of this section.
A. An application for the temporary use of a recreation vehicle as a dwelling while a permanent residence is being constructed shall be filed with the city manager at the time of a request for a building permit or manufactured home placement permit for the permanent residence, or at a subsequent date. A filing fee shall accompany an application for the temporary use. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council. Action to approve or deny the application shall be made by the city manager and notification of such decision shall be submitted to the city council.
B. The initial permit for temporary occupancy for the recreation vehicle shall remain in effect for no longer than six months. If the permanent dwelling or manufactured home has not been completed within the six-month time period, the city council may consider a request for an extension of the time period for an additional period, not to exceed six months. Not more than two time extensions may be granted.
C. At the end of the time period for the temporary occupancy of the recreation vehicle, the temporary occupancy shall cease and evidence of discontinued use of the recreation vehicle shall be provided to the city. All utility hookups shall be terminated. The recreation vehicle shall either be removed from the site, or it may be stored on the property as an accessory use in accordance with the provisions of LMC 18.30.010.
D. A recreation vehicle which is used as a temporary residence in accordance with this section shall have a minimum usable floor area of 124 square feet and be self-contained. Current license and registration must be maintained on the recreation vehicle.
E. If the recreation vehicle is to be replaced on the property by another recreation vehicle, the replacement recreation vehicle shall be reviewed and approved by the city council prior to placement. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. P10-21 § 6.015, 1997. Amended during 2006 recodification.]
The city planning commission may rule that a use not specifically listed in the allowed uses of a zone may be included as a permitted use if the use is of the same general type and is similar to the allowed uses within that zone. However, this section does not authorize the inclusion in a zone (a use specifically listed, or of the same general type of use not specifically listed) of a use which is specified in another zone. (For example: A request to build a bank in an area zoned for a school when there is already a zone which allows banks.) [Ord. G1-2006 § 29, 2006; Ord. P10-21 § 6.020, 1997.]
A. A new single-family dwelling shall have a minimum floor area of 1,000 square feet.
B. The single-family dwelling shall not be occupied until all provisions of this title have been met and until the zoning official certifies that it complies with all city and state requirements.
C. Each new single-family dwelling shall have either a garage or carport located on the same lot with the single-family dwelling. If a carport is to be placed on the lot it must contain a minimum of 384 cubic feet of enclosed storage space (12 feet by four feet by eight feet). The garage or carport shall be completed within 90 days of occupancy of the single-family dwelling, except that one time period, not to exceed 90 days, may be granted by the Lyons city council, upon submittal of a request by the owner of the single-family dwelling. The requirements of this subsection do not apply to a single-family dwelling being constructed to replace another single-family dwelling or manufactured home on the lot. [Ord. P10-21 § 6.025, 1997.]
An accessory dwelling shall conform to all of the following standards:
A. One Accessory Dwelling Unit per Site. A maximum of one accessory dwelling is allowed per legal single-family dwelling. The accessory dwelling unit may be either:
1. A detached building; or
2. Located in a portion of an attached accessory structure (e.g., above a garage or in a workshop); or
3. A unit attached to or interior to the primary dwelling (e.g., an addition to or the conversion of a portion of the primary dwelling).
B. Floor Area of the Accessory Dwelling.
1. A detached accessory dwelling shall not exceed 900 square feet of floor area.
2. An attached or interior accessory dwelling shall not exceed 900 square feet of floor area. Accessory dwellings that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling would be more than 900 square feet.
C. Other Development Standards.
1. Basic Zoning Requirements. An accessory dwelling shall meet all other development standards (e.g., height, setbacks, lot coverage, architectural design standards, etc.) for building in the zoning district.
2. Other Development Requirements. The accessory dwelling shall comply with all of the following standards:
a. No additional off-street parking spaces are required for an accessory dwelling unit.
b. The on-site sewage disposal system must have adequate capacity to serve both the primary dwelling and the accessory dwelling unit and the proposed accessory dwelling unit is located so it does not impact the septic drain field. The applicant shall provide a written certification from the Linn County Environmental Health Department that the proposal complies with on-site disposal system requirements.
c. Conversion of an existing legal nonconforming structure to an accessory dwelling is allowed; provided, that the conversion does not increase the nonconformity.
d. A recreational vehicle (RV) may not be used as an accessory dwelling.
e. The temporary placement of a manufactured home as an accessory dwelling to allow for care of a resident due to a medical hardship or for elder care is permitted subject to the provisions of LMC 18.30.130. [Ord. P10-67-2020 § 1, 2020; Ord. P10-65-2019 § 5, 2019.]
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than two feet into a required yard or into required open space as established by coverage standards. [Ord. P10-21 § 6.030, 1997.]
Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy shall not exceed the building height limitations of this title by more than 10 feet. [Ord. P10-21 § 6.040, 1997.]
A. If, at the time of passage of the ordinance codified in this title, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimensions which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone and providing the following circumstances are met:
1. If the lot size or width is smaller than the minimum required for the zone, residential use shall be limited to a single-family residence.
2. All lots shall be adequate in size and width to accommodate a subsurface sewage disposal system which meets the requirements of the Linn County environmental health program.
B. The minimum lot size shall be increased above the minimums established by this title, when it is determined by the Linn County environmental health program that additional area is needed to accommodate a subsurface sewage disposal system. [Ord. P10-55 § 2, 1999; Ord. P10-21 § 6.050, 1997.]
The following exception to the front yard requirement is authorized for a lot in any zone: If there are dwellings on both adjoining lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the adjoining dwellings. If there is a dwelling on one adjoining lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the adjoining lot and the required front yard depth. [Ord. P10-21 § 6.060, 1997.]
Each lot shall abut upon a publicly owned street, other than an alley, for a width of at least 25 feet. In residentially designated areas, a variance to this standard may be granted where there is no feasible means of providing access on a publicly owned street. If a residential vehicular access easement is approved and implemented to provide access to the property, the city of Lyons street development standards shall be utilized in the design and installation of said access easement. [Ord. G4-2007, 2007; Ord. P10-21 § 6.070, 1997.]
In all zones except the C zone, a vision clearance area shall be maintained on the corners of all property at the intersections of two streets or a street and a railroad.
A. A clear vision area shall consist of a triangular area, two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in this regulation, and the third side of which is a line across the corner of the lot joining the non-intersecting ends of the other two sides. Where the lot lines have rounded corners, the lot lines shall be extended in a straight line to a point of intersection and so measured.
B. A clear vision area shall contain no plantings, fences, walls, structures or temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb or, where no curb exists, from the established street center line grade. Trees exceeding this height may be located in this area, provided all branches or foliage are removed to a height of eight feet above grade. [Ord. P10-21 § 6.080, 1997.]
Where automobile service stations are permitted, freestanding gasoline pumps and pump islands may occupy a required front or street side yard provided they are a minimum of 15 feet from the property line. [Ord. P10-21 § 6.090, 1997.]
Manufactured homes are permitted outright on individual lots in the SFR, single-family residential zone, and in the MFR, multiple-family residential zone. Manufactured homes are permitted conditionally in the C, commercial zone and when used by a caretaker or a guard in the LI, limited industrial and GI, general industrial zones. Manufactured homes on individual lots in any zone are subject to the following requirements:
A. The manufactured home and any manufactured home accessory buildings and structures shall be constructed and maintained in conformance with state and federal safety and construction standards as administered by the state of Oregon, applicable at the time of placement of the manufactured home. The manufactured home shall bear the Oregon “Insignia of Compliance” as provided for by state law.
B. Except for a structure which conforms to the state definition of a manufactured home accessory structure, no other extension shall be attached to a manufactured home, except a garage or carport constructed to the standards of the Oregon State Structural Specialty Code. No attached extension shall exceed a height of 14 feet, or the roof line of the manufactured home, whichever is greater.
C. Garage or Carport. The manufactured home shall have either a garage or carport with exterior materials which are similar in color, material and appearance to that used on the manufactured home. The garage or carport shall be completed within 90 days of occupancy of the manufactured home, except that one time period, not to exceed 90 days, may be granted by the Lyons city council upon submittal of a request by the owner of the manufactured home. If a carport is to be placed on the property it must contain a minimum of 384 cubic feet of enclosed storage space (12 feet by four feet by eight feet). The requirements of this subsection do not apply to a manufactured home being constructed to replace another single-family dwelling or mobile home on the lot.
D. The manufactured home shall conform to the lot size and width, yard, lot coverage, and building height requirements of the zone in which it is to be located.
E. Size. The manufactured home must be multi-sectional and enclose at least 1,000 square feet.
F. Hauling Mechanisms. The transportation mechanisms, including wheels, axles, hitch and any other parts which protrude from the perimeter of the manufactured home, shall be removed.
G. Foundation. The manufactured home shall be placed on continuous concrete footings. The footings shall comply with all requirements of state and federal law.
H. Masonry Perimeter. The base of the manufactured home must be enclosed continuously at the perimeter with either concrete, concrete block, brick, stone, or combination thereof, or material approved by the building codes agency that is painted or finished identical to the manufactured home. The perimeter enclosure shall comply with skirting and ventilation requirements of OAR 918-505-050 and 918-505-060, including provisions for access openings and ventilation.
I. The home shall sit so that no more than 16 inches of the enclosing material is exposed above grade. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home. If the manufactured home is placed on a basement, the 16-inch limitation will not apply.
J. Performance Standards. Insulation for the manufactured home must meet the state requirements in effect for the year in which constructed. In addition, the city may impose any development standard, architectural requirement or minimum size requirement to which a conventional single-family residential dwelling on the same lot would be subject. The applicant will be required to provide the city with the manufacturer’s certification of the thermal performance of the manufactured home.
K. Utilities. All utilities shall be connected to the manufactured home in accordance with state requirements. All plumbing fixtures shall be connected in compliance with OAR 918-505-080. All utility connections shall be completed and approved prior to occupancy of the manufactured home.
L. The manufactured home shall be provided with gutters and down spouts to direct storm water away from the placement site.
M. Roof. The manufactured home shall have a composition asphalt, fiberglass, shake, tile or complimentary colored nonglare metal roof with a minimum pitch of three feet in height for each 12 feet in width.
N. At the time of installation, the manufactured home shall be in good repair and free of structural, electrical, mechanical and plumbing defects.
O. Prior to the location or relocation of any manufactured home, the owner or his authorized representative shall receive a placement permit from the city. The placement permit shall indicate that the manufactured home and its location conform with this title. A filing fee shall accompany an application for a manufactured home placement permit. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council. Upon approval of the placement permit, the homeowner is authorized to proceed to place the manufactured home on the lot.
Each application for placement permit shall be accompanied by:
1. A plot plan showing the proposed location of the manufactured home on the lot and including the exterior dimensions of the home, setbacks from all property lines and septic tank or sewer and water line locations.
2. Information indicating the dimensions of the livable area within the manufactured home and the materials and design of the roof, foundation support system and perimeter crawl space enclosure.
3. An agreement signed by the homeowner or his authorized agent pledging full compliance with this title.
4. The placement permit shall remain in effect for 180 days after the date of approval by the city. If the manufactured home has not been placed on the property by the end of the 180-day period, the homeowner may ask for an extension of the permit for one additional 180-day time period. If the manufactured home is not placed on the property during the authorized time period, the placement permit shall be automatically canceled.
P. Manufactured homes are also required to have manufactured home placement permits indicating that they will be installed in accordance with the provisions of OAR Chapter 918, Divisions 500, 510, 515 and 520, Manufactured Dwelling Administrative Rules.
Q. The manufactured home shall not be occupied until all provisions of this title have been met and until the zoning official certifies that it complies with all city and state requirements.
1. The occupant will have a limit of 60 days from the date of completion to remove all debris associated with the installation of the manufactured home from the property. If the occupant fails to remove the debris within 60 days, the city may dispose of the debris as deemed necessary. The occupant will be responsible for reimbursement of all actual costs of removal incurred by the city.
R. If the manufactured home is removed from its permanent supports, the owner of the property shall agree, in writing, to remove the supports, the manufactured home, and all additions thereto from the property, and to permanently disconnect and secure all utilities. This agreement shall authorize the city to perform the work and place a lien against the property for the cost of the work in the event the owner fails to accomplish the work within 30 days from the date the manufactured home is removed from its supports.
This condition shall not apply in the event that a placement permit for a replacement manufactured home has been approved by the city within 30 days of the removal of the original home. The replacement manufactured home shall conform in all respects with the provisions of this title.
S. Exceptions to these provisions may be approved by the planning commission if the applicant for the manufactured home can provide sufficient evidence that complying with any provision will result in a severe financial hardship, or circumstances are such that the applicant is unable to comply with any provision. Applications for exceptions must be approved prior to the issuance of any installation permits. [Ord. P10-21 § 6.100, 1997.]
A. Purpose. The purpose of this section is to provide for the temporary placement of a manufactured dwelling under verified circumstances related to either a medical hardship or advanced age of a resident of the property which requires the provision of supervised care and assistance on a continuing basis, and to assure the temporary nature and continuing validity of the manufactured dwelling placement as a second dwelling on the property to meet the hardship circumstances.
B. Procedure for Approval of a Temporary Hardship Manufactured Dwelling.
1. An applicant for a temporary hardship manufactured dwelling shall apply to the planning commission for review of the proposal to place the manufactured home on a lot. At the time of application, the applicant shall provide the necessary information to meet the requirements and standards for placement of the temporary hardship manufactured dwelling. The application shall include a site plan showing where the manufactured dwelling will be placed on the lot and the distances between it and the principal dwelling on the lot and all property lines.
2. The planning commission shall review the application for the temporary hardship manufactured dwelling at a public meeting. The planning commission meeting shall be held within 35 days of the date of application. The planning commission decision shall be made within 35 days of the date of the initial public meeting. The planning commission shall either approve or deny the application and may establish conditions of approval.
3. Notice of the planning commission public meeting shall be mailed to all owners of property which abut the lot where the temporary hardship manufactured dwelling is to be placed.
4. The decision of the planning commission may be appealed to the city council as provided for in LMC 18.55.010. The council shall then hold a public hearing on the appeal. The hearing notice shall be mailed to abutting property owners. The council hearing shall be held within 35 days of the date of the appeal. The city council shall make a decision on the appeal within 35 days of the closure of the public hearing.
C. Standards and Requirements for Temporary Hardship Manufactured Dwellings. A manufactured home may be temporarily placed on a lot in hardship circumstances when the following standards and requirements are met:
1. A licensed Oregon physician has certified that a medical hardship exists and the afflicted person requires daily supervision and care; or the person to be cared for has provided documentation of being 70 years of age or older.
2. The temporary hardship manufactured dwelling is placed on the same lot as the principal dwelling.
3. The person with the hardship will occupy the temporary hardship manufactured dwelling and the person(s) providing the care and assistance will occupy the principal dwelling on the lot.
4. The person(s) providing care for the person(s) with the hardship agree in writing to remove the temporary hardship manufactured dwelling within 90 days after the hardship condition no longer applies to the manufactured dwelling.
5. The manufactured dwelling placement complies with all applicable zoning ordinance provisions or the appropriate variances have been obtained.
6. An additional plumbing hookup to the existing sewage disposal system on the property shall be required. The hookup shall comply with the Oregon State Plumbing Code.
D. Biannual Review. Each permit for the placement of a temporary hardship manufactured dwelling shall be reviewed on a biannual basis by the planning commission. At the time of review each permit holder shall be required to verify in writing that all of the circumstances which applied at the time of initial approval are still in effect.
E. Removal of Temporary Hardship Manufactured Dwelling. The manufactured dwelling shall be removed from the property within 90 days of the time the temporary hardship no longer exists. All utility hookups to serve the manufactured dwelling shall either be removed or disconnected so that they are no longer visible within 90 days of the time the temporary hardship no longer exists.
F. Temporary Hardship Permit Not Transferable. This permit is not transferable to other persons or property. [Ord. P10-21 § 6.105, 1997.]
Multiple-family dwellings are permitted outright in the MFR, multiple-family residential zone and conditionally in the SFR, single-family residential zone. Multiple-family dwellings in these zones shall meet the following requirements:
A. A minimum of 20 percent of the lot shall be developed and maintained as open space and outdoor recreation area.
B. Open space shall not include roads, driveways, parking or loading areas. Special and/or natural features of the land shall be retained to the extent practicable. Landscaping may include ground cover, trees, shrubs and other plantings.
C. All facilities or equipment provided in conjunction with open space or a developed recreation area shall be maintained in good condition so as not to endanger the safety of any potential users.
D. Accessory facilities such as garbage collection areas and public utility and air conditioning facilities located on the property but not attached to a building shall be appropriately screened and landscaped.
E. All multiple-family dwellings which are constructed adjacent to established industrial areas shall provide adequate buffering (landscaping, fencing, berm) to sufficiently reduce any negative impacts that may result from the adjacent industry. [Ord. P10-21 § 6.110, 1997.]
Signs and signing are permitted as follows:
A. General Provisions.
1. Signs (other than time or temperature signs) which are flashing, blinking or fluctuating or signs which are moving or have any visible moving part shall not be allowed without prior approval of the planning commission. Each request which does not conform to the requirements of this section shall be considered on a case-by-case basis.
2. No sign, regardless of setback requirements, may project over the public right-of-way.
3. Upon approval of the city planning commission, signs not over 24 square feet in area may be permitted for public, charitable or religious institutions when they are located on the premises of these institutions. Such signs are not permitted to be projecting or at a point extending over the public right-of-way.
B. Residential Zones. All signs in the SFR, single-family residential zone, and the MFR, multiple-family residential zone, shall conform to the following:
1. Each dwelling unit may display one non-illuminated name plate not exceeding one and one-half square feet in size, indicating the name of the occupant or the occupant’s approved home occupation.
2. Buildings other than dwelling units or home occupations may display one sign not exceeding 12 square feet in size. Signs may be illuminated internally or externally, providing no light is cast upon adjacent residential property.
3. One sign which pertains to the sale or rent of property may be displayed. It shall not exceed six square feet in size and shall not be illuminated.
4. One sign may be displayed on a tract of land or subdivision regarding the sale or development of the land. It shall not exceed 18 square feet and shall not be illuminated.
5. No sign shall be located within six feet of a property line abutting the right-of-way of a public street.
C. Commercial and Industrial Zones. All signs in the C, commercial zone and the LI, limited industrial zone and the GI, general industrial zone shall conform to the following standards:
1. Primary signs for individual establishments shall be wall signs with a maximum allowable sign area of 150 square feet.
2. One detached sign identifying a shopping center is permitted in addition to the signs permitted in subsection (C)(1) of this section. The sign may contain individual names of businesses or advertise products and services. If a detached sign is to be used, the permitted square footage for an establishment from subsection (C)(1) of this section shall be reduced by the individual establishment’s share of the square footage of the detached sign.
3. Individual establishments not situated as a shopping center are permitted one detached sign in addition to signs permitted in subsection (C)(1) of this section. The sign may project the business name and advertise the major produce or service provided. If the individual establishment elects to use a detached sign, then its allowance of subsection (C)(1) of this section shall be reduced by the square footage of the detached sign.
4. Wall signs may project no more than 18 inches from the wall to which they are attached. Wall signs located on an alley frontage may not project from the face of a building below a clearance of 15 feet.
5. Wall signs may be placed on the face of an awning or canopy. [Ord. G1-2010 §§ 1 – 4; Ord. P10-21 § 6.120, 1997.]
If, based upon findings of fact, the governing body determines that the signage requirements as listed in LMC 18.30.150 are inadequate or inappropriate to address the specific needs of a project, the governing body reserves the right to modify said requirements. [Ord. G1-2010 § 5.]
For each new structure or use, each structure or use increased in area and each change in the use of an existing structure, there shall be provided and maintained off-street parking areas in conformance with the provisions of this section:
A. Design and Improvement Requirements for Parking Lots.
1. Areas used for standing and maneuvering of vehicles shall be hard-sealed surfaced and maintained adequately for all weather use and so drained as to avoid flow of water across public sidewalks or onto adjoining property.
2. Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zones shall be designed to minimize disturbance of residents by the erection between the uses of a sight-obscuring fence of not less than five nor more than six feet in height except where vision clearance is required.
3. Parking spaces along the outer boundaries of a parking lot shall be contained by a curb at least four inches high and set back a minimum of four and one-half feet from the property line or by a bumper rail.
4. Artificial lighting which may be provided shall not create or reflect substantial glare in a residential zone or on any adjacent dwelling.
5. Access aisles shall be of sufficient width for all vehicle turning and maneuvering.
6. Groups of more than four parking spaces shall be served by a driveway so that no backing movements or other maneuvering within a street other than an alley will be required.
7. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will allow the property to accommodate and serve the traffic to be anticipated. Service drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives.
8. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway center line, the street right-of-way line and a straight line joining said lines through points 20 feet from their intersection.
9. Lighting of the parking area shall be deflected from any residential zone.
B. Location Standards for Parking Lots.
1. Off-street parking spaces for dwellings shall be located on the same lot as the dwelling. Off-street parking spaces for all other uses shall be located not further than 500 feet from the building or use they are required to serve.
2. In residential zones, off-street parking areas shall not be located in a required front or street side yard, except that driveways may be used for off-street parking for single-family and two-family dwellings.
C. Required parking spaces shall be available for the parking of operable motor vehicles of residents, customers, patrons and employees only and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting a business.
D. The provision and maintenance of off-street parking spaces are continuing obligations of the property owner. No building or other permit shall be issued until plans are presented that show parking spaces. The subsequent use of property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking space required by this title.
E. Should the owner or occupant of a lot or building change the use of the property to a use which increases the off-street parking requirements, it shall be unlawful and a violation of this title to begin or to maintain such an altered use until the required increase in off-street parking is provided, unless otherwise approved by the city planning commission.
F. In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately.
G. Owners of two or more uses, structures or parcels of land may be permitted to use the same parking spaces jointly when the hours of operation do not overlap, provided substantial proof is presented to the city planning commission pertaining to the cooperative use of the parking facilities.
H. A plan, drawn to scale, indicating how the off-street parking requirements are to be fulfilled shall accompany a request for a building permit.
I. In commercial or residential zones, parking lots which exceed 50 spaces shall be provided with landscaping and other suitable devices in order to divide the parking lot into sub-units to provide for pedestrian safety, traffic control and to improve the appearance of the parking lot.
J. Space requirements for off-street parking shall be as listed in this section. Fractional space requirements shall be counted as whole spaces. When square feet are specified, the area measured shall exclude any space within a building used for off-street parking or loading.
USE | PARKING SPACE REQUIREMENT |
|---|---|
1. Single-family dwelling | Two spaces per unit. |
2. Multi-family dwelling | Three spaces per every two units. |
3. Manufactured dwelling | Two spaces per unit. |
4. Commercial uses | One space for every 300 square feet of gross building area. |
5. Industrial uses | One space for every 600 square feet of gross building area. |
6. Public or quasi-public uses | One space for every 300 square feet of gross building area. |
K. Completion Time for Parking Lots. Required parking spaces shall be improved and available for use by the time the use served by the parking is ready for occupancy. An extension of time may be granted by the city manager providing a performance bond or its equivalent is posted equaling the cost to complete the improvements as estimated by the building official. In the event the improvements are not completed within one year’s time, the bond or its equivalent shall be forfeited and the improvements henceforth constructed under the direction of the city. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. P10-21 § 6.130, 1997. Amended during 2006 recodification.]
A. A commercial or industrial building erected on a lot or increased in size shall provide a minimum of one off-street loading space for a floor area of 10,000 square feet or less. One additional off-street loading space shall be provided for each additional 20,000 square feet of floor area or major fraction thereof.
B. Each loading space shall be not less than 35 feet in length, 10 feet in width and 14 feet in height.
C. Any school having a capacity greater than 25 students shall provide a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. [Ord. P10-21 § 6.140, 1997.]
If, based upon findings of fact, the governing body determines that the off-street parking and/or loading requirements as listed in LMC 18.30.160 and 18.30.170 are inadequate or inappropriate to address the specific needs of a development, the governing body reserves the right to modify said requirements. [Ord. G2-2008, 2008.]
All development proposed adjacent to or at any site designated as scenic or historic in the Lyons comprehensive plan shall be subject to review by the city planning commission. The purpose of this review shall be to evaluate the inherent value of the scenic or historic site and establish development standards to maintain the integrity of these sites when the city planning commission determines that it is in the community’s best interest to do so. [Ord. P10-21 § 6.150, 1997.]
Any development in areas indicated in the Lyons comprehensive plan of 1980 or this title as having development limitations shall be subject to the following requirements: Development in areas with severe surface drainage characteristics shall be provided with adequate drainage facilities, development in areas with slope in excess of 15 percent shall be such that the slope may be adequately maintained and development in wooded areas and areas of riparian vegetation be retained where feasible. The Linn County building official shall determine that the requirements of this title have been met. [Ord. P10-21 § 6.160, 1997.]
All development proposed on land adjoining a perennial stream or waterway shall have a minimum yard setback from the normal low water level of 50 feet. The purpose of this setback is to minimize potential impact on riparian vegetation and wildlife habitat. [Ord. P10-21 § 6.170, 1997.]
Provisions
Accessory uses shall comply with all requirements for a principal use, except where specifically modified by this section. Accessory uses shall not be used for human habitation except as specified in this section. Accessory uses shall comply with the following standards:
A. Fences, hedges or walls may be located within required yards, except at the intersection of the edge of a driveway and property line in which a 15-foot clear vision area shall be maintained as described in LMC 18.30.100. Elsewhere, fences, hedges and walls shall not exceed six feet in height in residential and commercial zones and eight feet in height in industrial zones.
B. A greenhouse or hothouse may be maintained accessory to a dwelling. No sales shall be made from a greenhouse or hothouse maintained as an accessory use in a residential zone unless it is operating as a home occupation.
C. Regardless of the side yard requirements of the zone, in a residential zone a side or rear yard may be reduced to three feet for an accessory structure erected more than 65 feet from a street other than an alley, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 square feet.
D. Accessory structures, other than garages, shall be detached from all other buildings by at least eight feet.
E. A garage shall be located a minimum of 25 feet from the front property line, 10 feet from the street side property line and five feet from the interior property line.
F. Residential yard, lot size and lot coverage standards affecting a single-family dwelling permitted in an industrial zone as a caretaker or night watchman residence, if attached to the industrial establishment, may be waived by the city planning commission.
G. Boats, trailers, detached campers, motorized dwellings and similar recreation equipment may be stored on a lot as an accessory use to a dwelling; provided, that:
1. Storage shall not be permitted on the street right-of-way; and
2. Storage shall not be permitted in a front or street side yard.
H. Temporary Occupancy of Recreation Vehicle or Other Mobile Residence.
1. Except as provided for in subsection (H)(2) of this section, and in LMC 18.30.020, a recreational vehicle, trailer, camper or other mobile residence may be used for sleeping or housekeeping purposes only under one of the following circumstances:
a. It is located within an approved recreation vehicle park.
b. It is located on the premises of a private residence and shall be occupied for a period of not more than 14 consecutive days within any 28-day period.
c. It is located within the street right-of-way and shall be occupied for a period of not more than 96 consecutive hours within any 14-day period.
2. The city council may approve a temporary use permit for the location of a recreation vehicle, camper, trailer, or other mobile residence on the premises of a private residence under the following circumstances:
a. An application for a temporary use permit for a residence shall be filed with the city manager at least 10 days prior to the city council meeting at which the request shall be considered. A filing fee shall accompany an application for a temporary use permit for a residence. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council.
b. The temporary residence shall be for a period of not more than 90 consecutive days and shall be located on the property to alleviate a temporary housing hardship which cannot otherwise be satisfied within a recreation vehicle park. If the hardship has not been alleviated the city council may renew the temporary use permit for an additional 90-day period.
c. The temporary housing hardship shall be related to either a verified medical circumstance or a verified problem resulting from fire or other disaster.
d. Conditions may be imposed which the city council deems appropriate to maintain the public health and safety and the overall appearance of the neighborhood. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. G1-2006 § 28, 2006; Ord. P10-21 § 6.010, 1997. Amended during 2006 recodification.]
A recreation vehicle may be placed on a lot while a single-family dwelling or a manufactured home is being constructed or placed on the site, subject to the provisions of this section.
A. An application for the temporary use of a recreation vehicle as a dwelling while a permanent residence is being constructed shall be filed with the city manager at the time of a request for a building permit or manufactured home placement permit for the permanent residence, or at a subsequent date. A filing fee shall accompany an application for the temporary use. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council. Action to approve or deny the application shall be made by the city manager and notification of such decision shall be submitted to the city council.
B. The initial permit for temporary occupancy for the recreation vehicle shall remain in effect for no longer than six months. If the permanent dwelling or manufactured home has not been completed within the six-month time period, the city council may consider a request for an extension of the time period for an additional period, not to exceed six months. Not more than two time extensions may be granted.
C. At the end of the time period for the temporary occupancy of the recreation vehicle, the temporary occupancy shall cease and evidence of discontinued use of the recreation vehicle shall be provided to the city. All utility hookups shall be terminated. The recreation vehicle shall either be removed from the site, or it may be stored on the property as an accessory use in accordance with the provisions of LMC 18.30.010.
D. A recreation vehicle which is used as a temporary residence in accordance with this section shall have a minimum usable floor area of 124 square feet and be self-contained. Current license and registration must be maintained on the recreation vehicle.
E. If the recreation vehicle is to be replaced on the property by another recreation vehicle, the replacement recreation vehicle shall be reviewed and approved by the city council prior to placement. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. P10-21 § 6.015, 1997. Amended during 2006 recodification.]
The city planning commission may rule that a use not specifically listed in the allowed uses of a zone may be included as a permitted use if the use is of the same general type and is similar to the allowed uses within that zone. However, this section does not authorize the inclusion in a zone (a use specifically listed, or of the same general type of use not specifically listed) of a use which is specified in another zone. (For example: A request to build a bank in an area zoned for a school when there is already a zone which allows banks.) [Ord. G1-2006 § 29, 2006; Ord. P10-21 § 6.020, 1997.]
A. A new single-family dwelling shall have a minimum floor area of 1,000 square feet.
B. The single-family dwelling shall not be occupied until all provisions of this title have been met and until the zoning official certifies that it complies with all city and state requirements.
C. Each new single-family dwelling shall have either a garage or carport located on the same lot with the single-family dwelling. If a carport is to be placed on the lot it must contain a minimum of 384 cubic feet of enclosed storage space (12 feet by four feet by eight feet). The garage or carport shall be completed within 90 days of occupancy of the single-family dwelling, except that one time period, not to exceed 90 days, may be granted by the Lyons city council, upon submittal of a request by the owner of the single-family dwelling. The requirements of this subsection do not apply to a single-family dwelling being constructed to replace another single-family dwelling or manufactured home on the lot. [Ord. P10-21 § 6.025, 1997.]
An accessory dwelling shall conform to all of the following standards:
A. One Accessory Dwelling Unit per Site. A maximum of one accessory dwelling is allowed per legal single-family dwelling. The accessory dwelling unit may be either:
1. A detached building; or
2. Located in a portion of an attached accessory structure (e.g., above a garage or in a workshop); or
3. A unit attached to or interior to the primary dwelling (e.g., an addition to or the conversion of a portion of the primary dwelling).
B. Floor Area of the Accessory Dwelling.
1. A detached accessory dwelling shall not exceed 900 square feet of floor area.
2. An attached or interior accessory dwelling shall not exceed 900 square feet of floor area. Accessory dwellings that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling would be more than 900 square feet.
C. Other Development Standards.
1. Basic Zoning Requirements. An accessory dwelling shall meet all other development standards (e.g., height, setbacks, lot coverage, architectural design standards, etc.) for building in the zoning district.
2. Other Development Requirements. The accessory dwelling shall comply with all of the following standards:
a. No additional off-street parking spaces are required for an accessory dwelling unit.
b. The on-site sewage disposal system must have adequate capacity to serve both the primary dwelling and the accessory dwelling unit and the proposed accessory dwelling unit is located so it does not impact the septic drain field. The applicant shall provide a written certification from the Linn County Environmental Health Department that the proposal complies with on-site disposal system requirements.
c. Conversion of an existing legal nonconforming structure to an accessory dwelling is allowed; provided, that the conversion does not increase the nonconformity.
d. A recreational vehicle (RV) may not be used as an accessory dwelling.
e. The temporary placement of a manufactured home as an accessory dwelling to allow for care of a resident due to a medical hardship or for elder care is permitted subject to the provisions of LMC 18.30.130. [Ord. P10-67-2020 § 1, 2020; Ord. P10-65-2019 § 5, 2019.]
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than two feet into a required yard or into required open space as established by coverage standards. [Ord. P10-21 § 6.030, 1997.]
Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy shall not exceed the building height limitations of this title by more than 10 feet. [Ord. P10-21 § 6.040, 1997.]
A. If, at the time of passage of the ordinance codified in this title, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimensions which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone and providing the following circumstances are met:
1. If the lot size or width is smaller than the minimum required for the zone, residential use shall be limited to a single-family residence.
2. All lots shall be adequate in size and width to accommodate a subsurface sewage disposal system which meets the requirements of the Linn County environmental health program.
B. The minimum lot size shall be increased above the minimums established by this title, when it is determined by the Linn County environmental health program that additional area is needed to accommodate a subsurface sewage disposal system. [Ord. P10-55 § 2, 1999; Ord. P10-21 § 6.050, 1997.]
The following exception to the front yard requirement is authorized for a lot in any zone: If there are dwellings on both adjoining lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the adjoining dwellings. If there is a dwelling on one adjoining lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the adjoining lot and the required front yard depth. [Ord. P10-21 § 6.060, 1997.]
Each lot shall abut upon a publicly owned street, other than an alley, for a width of at least 25 feet. In residentially designated areas, a variance to this standard may be granted where there is no feasible means of providing access on a publicly owned street. If a residential vehicular access easement is approved and implemented to provide access to the property, the city of Lyons street development standards shall be utilized in the design and installation of said access easement. [Ord. G4-2007, 2007; Ord. P10-21 § 6.070, 1997.]
In all zones except the C zone, a vision clearance area shall be maintained on the corners of all property at the intersections of two streets or a street and a railroad.
A. A clear vision area shall consist of a triangular area, two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in this regulation, and the third side of which is a line across the corner of the lot joining the non-intersecting ends of the other two sides. Where the lot lines have rounded corners, the lot lines shall be extended in a straight line to a point of intersection and so measured.
B. A clear vision area shall contain no plantings, fences, walls, structures or temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb or, where no curb exists, from the established street center line grade. Trees exceeding this height may be located in this area, provided all branches or foliage are removed to a height of eight feet above grade. [Ord. P10-21 § 6.080, 1997.]
Where automobile service stations are permitted, freestanding gasoline pumps and pump islands may occupy a required front or street side yard provided they are a minimum of 15 feet from the property line. [Ord. P10-21 § 6.090, 1997.]
Manufactured homes are permitted outright on individual lots in the SFR, single-family residential zone, and in the MFR, multiple-family residential zone. Manufactured homes are permitted conditionally in the C, commercial zone and when used by a caretaker or a guard in the LI, limited industrial and GI, general industrial zones. Manufactured homes on individual lots in any zone are subject to the following requirements:
A. The manufactured home and any manufactured home accessory buildings and structures shall be constructed and maintained in conformance with state and federal safety and construction standards as administered by the state of Oregon, applicable at the time of placement of the manufactured home. The manufactured home shall bear the Oregon “Insignia of Compliance” as provided for by state law.
B. Except for a structure which conforms to the state definition of a manufactured home accessory structure, no other extension shall be attached to a manufactured home, except a garage or carport constructed to the standards of the Oregon State Structural Specialty Code. No attached extension shall exceed a height of 14 feet, or the roof line of the manufactured home, whichever is greater.
C. Garage or Carport. The manufactured home shall have either a garage or carport with exterior materials which are similar in color, material and appearance to that used on the manufactured home. The garage or carport shall be completed within 90 days of occupancy of the manufactured home, except that one time period, not to exceed 90 days, may be granted by the Lyons city council upon submittal of a request by the owner of the manufactured home. If a carport is to be placed on the property it must contain a minimum of 384 cubic feet of enclosed storage space (12 feet by four feet by eight feet). The requirements of this subsection do not apply to a manufactured home being constructed to replace another single-family dwelling or mobile home on the lot.
D. The manufactured home shall conform to the lot size and width, yard, lot coverage, and building height requirements of the zone in which it is to be located.
E. Size. The manufactured home must be multi-sectional and enclose at least 1,000 square feet.
F. Hauling Mechanisms. The transportation mechanisms, including wheels, axles, hitch and any other parts which protrude from the perimeter of the manufactured home, shall be removed.
G. Foundation. The manufactured home shall be placed on continuous concrete footings. The footings shall comply with all requirements of state and federal law.
H. Masonry Perimeter. The base of the manufactured home must be enclosed continuously at the perimeter with either concrete, concrete block, brick, stone, or combination thereof, or material approved by the building codes agency that is painted or finished identical to the manufactured home. The perimeter enclosure shall comply with skirting and ventilation requirements of OAR 918-505-050 and 918-505-060, including provisions for access openings and ventilation.
I. The home shall sit so that no more than 16 inches of the enclosing material is exposed above grade. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home. If the manufactured home is placed on a basement, the 16-inch limitation will not apply.
J. Performance Standards. Insulation for the manufactured home must meet the state requirements in effect for the year in which constructed. In addition, the city may impose any development standard, architectural requirement or minimum size requirement to which a conventional single-family residential dwelling on the same lot would be subject. The applicant will be required to provide the city with the manufacturer’s certification of the thermal performance of the manufactured home.
K. Utilities. All utilities shall be connected to the manufactured home in accordance with state requirements. All plumbing fixtures shall be connected in compliance with OAR 918-505-080. All utility connections shall be completed and approved prior to occupancy of the manufactured home.
L. The manufactured home shall be provided with gutters and down spouts to direct storm water away from the placement site.
M. Roof. The manufactured home shall have a composition asphalt, fiberglass, shake, tile or complimentary colored nonglare metal roof with a minimum pitch of three feet in height for each 12 feet in width.
N. At the time of installation, the manufactured home shall be in good repair and free of structural, electrical, mechanical and plumbing defects.
O. Prior to the location or relocation of any manufactured home, the owner or his authorized representative shall receive a placement permit from the city. The placement permit shall indicate that the manufactured home and its location conform with this title. A filing fee shall accompany an application for a manufactured home placement permit. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council. Upon approval of the placement permit, the homeowner is authorized to proceed to place the manufactured home on the lot.
Each application for placement permit shall be accompanied by:
1. A plot plan showing the proposed location of the manufactured home on the lot and including the exterior dimensions of the home, setbacks from all property lines and septic tank or sewer and water line locations.
2. Information indicating the dimensions of the livable area within the manufactured home and the materials and design of the roof, foundation support system and perimeter crawl space enclosure.
3. An agreement signed by the homeowner or his authorized agent pledging full compliance with this title.
4. The placement permit shall remain in effect for 180 days after the date of approval by the city. If the manufactured home has not been placed on the property by the end of the 180-day period, the homeowner may ask for an extension of the permit for one additional 180-day time period. If the manufactured home is not placed on the property during the authorized time period, the placement permit shall be automatically canceled.
P. Manufactured homes are also required to have manufactured home placement permits indicating that they will be installed in accordance with the provisions of OAR Chapter 918, Divisions 500, 510, 515 and 520, Manufactured Dwelling Administrative Rules.
Q. The manufactured home shall not be occupied until all provisions of this title have been met and until the zoning official certifies that it complies with all city and state requirements.
1. The occupant will have a limit of 60 days from the date of completion to remove all debris associated with the installation of the manufactured home from the property. If the occupant fails to remove the debris within 60 days, the city may dispose of the debris as deemed necessary. The occupant will be responsible for reimbursement of all actual costs of removal incurred by the city.
R. If the manufactured home is removed from its permanent supports, the owner of the property shall agree, in writing, to remove the supports, the manufactured home, and all additions thereto from the property, and to permanently disconnect and secure all utilities. This agreement shall authorize the city to perform the work and place a lien against the property for the cost of the work in the event the owner fails to accomplish the work within 30 days from the date the manufactured home is removed from its supports.
This condition shall not apply in the event that a placement permit for a replacement manufactured home has been approved by the city within 30 days of the removal of the original home. The replacement manufactured home shall conform in all respects with the provisions of this title.
S. Exceptions to these provisions may be approved by the planning commission if the applicant for the manufactured home can provide sufficient evidence that complying with any provision will result in a severe financial hardship, or circumstances are such that the applicant is unable to comply with any provision. Applications for exceptions must be approved prior to the issuance of any installation permits. [Ord. P10-21 § 6.100, 1997.]
A. Purpose. The purpose of this section is to provide for the temporary placement of a manufactured dwelling under verified circumstances related to either a medical hardship or advanced age of a resident of the property which requires the provision of supervised care and assistance on a continuing basis, and to assure the temporary nature and continuing validity of the manufactured dwelling placement as a second dwelling on the property to meet the hardship circumstances.
B. Procedure for Approval of a Temporary Hardship Manufactured Dwelling.
1. An applicant for a temporary hardship manufactured dwelling shall apply to the planning commission for review of the proposal to place the manufactured home on a lot. At the time of application, the applicant shall provide the necessary information to meet the requirements and standards for placement of the temporary hardship manufactured dwelling. The application shall include a site plan showing where the manufactured dwelling will be placed on the lot and the distances between it and the principal dwelling on the lot and all property lines.
2. The planning commission shall review the application for the temporary hardship manufactured dwelling at a public meeting. The planning commission meeting shall be held within 35 days of the date of application. The planning commission decision shall be made within 35 days of the date of the initial public meeting. The planning commission shall either approve or deny the application and may establish conditions of approval.
3. Notice of the planning commission public meeting shall be mailed to all owners of property which abut the lot where the temporary hardship manufactured dwelling is to be placed.
4. The decision of the planning commission may be appealed to the city council as provided for in LMC 18.55.010. The council shall then hold a public hearing on the appeal. The hearing notice shall be mailed to abutting property owners. The council hearing shall be held within 35 days of the date of the appeal. The city council shall make a decision on the appeal within 35 days of the closure of the public hearing.
C. Standards and Requirements for Temporary Hardship Manufactured Dwellings. A manufactured home may be temporarily placed on a lot in hardship circumstances when the following standards and requirements are met:
1. A licensed Oregon physician has certified that a medical hardship exists and the afflicted person requires daily supervision and care; or the person to be cared for has provided documentation of being 70 years of age or older.
2. The temporary hardship manufactured dwelling is placed on the same lot as the principal dwelling.
3. The person with the hardship will occupy the temporary hardship manufactured dwelling and the person(s) providing the care and assistance will occupy the principal dwelling on the lot.
4. The person(s) providing care for the person(s) with the hardship agree in writing to remove the temporary hardship manufactured dwelling within 90 days after the hardship condition no longer applies to the manufactured dwelling.
5. The manufactured dwelling placement complies with all applicable zoning ordinance provisions or the appropriate variances have been obtained.
6. An additional plumbing hookup to the existing sewage disposal system on the property shall be required. The hookup shall comply with the Oregon State Plumbing Code.
D. Biannual Review. Each permit for the placement of a temporary hardship manufactured dwelling shall be reviewed on a biannual basis by the planning commission. At the time of review each permit holder shall be required to verify in writing that all of the circumstances which applied at the time of initial approval are still in effect.
E. Removal of Temporary Hardship Manufactured Dwelling. The manufactured dwelling shall be removed from the property within 90 days of the time the temporary hardship no longer exists. All utility hookups to serve the manufactured dwelling shall either be removed or disconnected so that they are no longer visible within 90 days of the time the temporary hardship no longer exists.
F. Temporary Hardship Permit Not Transferable. This permit is not transferable to other persons or property. [Ord. P10-21 § 6.105, 1997.]
Multiple-family dwellings are permitted outright in the MFR, multiple-family residential zone and conditionally in the SFR, single-family residential zone. Multiple-family dwellings in these zones shall meet the following requirements:
A. A minimum of 20 percent of the lot shall be developed and maintained as open space and outdoor recreation area.
B. Open space shall not include roads, driveways, parking or loading areas. Special and/or natural features of the land shall be retained to the extent practicable. Landscaping may include ground cover, trees, shrubs and other plantings.
C. All facilities or equipment provided in conjunction with open space or a developed recreation area shall be maintained in good condition so as not to endanger the safety of any potential users.
D. Accessory facilities such as garbage collection areas and public utility and air conditioning facilities located on the property but not attached to a building shall be appropriately screened and landscaped.
E. All multiple-family dwellings which are constructed adjacent to established industrial areas shall provide adequate buffering (landscaping, fencing, berm) to sufficiently reduce any negative impacts that may result from the adjacent industry. [Ord. P10-21 § 6.110, 1997.]
Signs and signing are permitted as follows:
A. General Provisions.
1. Signs (other than time or temperature signs) which are flashing, blinking or fluctuating or signs which are moving or have any visible moving part shall not be allowed without prior approval of the planning commission. Each request which does not conform to the requirements of this section shall be considered on a case-by-case basis.
2. No sign, regardless of setback requirements, may project over the public right-of-way.
3. Upon approval of the city planning commission, signs not over 24 square feet in area may be permitted for public, charitable or religious institutions when they are located on the premises of these institutions. Such signs are not permitted to be projecting or at a point extending over the public right-of-way.
B. Residential Zones. All signs in the SFR, single-family residential zone, and the MFR, multiple-family residential zone, shall conform to the following:
1. Each dwelling unit may display one non-illuminated name plate not exceeding one and one-half square feet in size, indicating the name of the occupant or the occupant’s approved home occupation.
2. Buildings other than dwelling units or home occupations may display one sign not exceeding 12 square feet in size. Signs may be illuminated internally or externally, providing no light is cast upon adjacent residential property.
3. One sign which pertains to the sale or rent of property may be displayed. It shall not exceed six square feet in size and shall not be illuminated.
4. One sign may be displayed on a tract of land or subdivision regarding the sale or development of the land. It shall not exceed 18 square feet and shall not be illuminated.
5. No sign shall be located within six feet of a property line abutting the right-of-way of a public street.
C. Commercial and Industrial Zones. All signs in the C, commercial zone and the LI, limited industrial zone and the GI, general industrial zone shall conform to the following standards:
1. Primary signs for individual establishments shall be wall signs with a maximum allowable sign area of 150 square feet.
2. One detached sign identifying a shopping center is permitted in addition to the signs permitted in subsection (C)(1) of this section. The sign may contain individual names of businesses or advertise products and services. If a detached sign is to be used, the permitted square footage for an establishment from subsection (C)(1) of this section shall be reduced by the individual establishment’s share of the square footage of the detached sign.
3. Individual establishments not situated as a shopping center are permitted one detached sign in addition to signs permitted in subsection (C)(1) of this section. The sign may project the business name and advertise the major produce or service provided. If the individual establishment elects to use a detached sign, then its allowance of subsection (C)(1) of this section shall be reduced by the square footage of the detached sign.
4. Wall signs may project no more than 18 inches from the wall to which they are attached. Wall signs located on an alley frontage may not project from the face of a building below a clearance of 15 feet.
5. Wall signs may be placed on the face of an awning or canopy. [Ord. G1-2010 §§ 1 – 4; Ord. P10-21 § 6.120, 1997.]
If, based upon findings of fact, the governing body determines that the signage requirements as listed in LMC 18.30.150 are inadequate or inappropriate to address the specific needs of a project, the governing body reserves the right to modify said requirements. [Ord. G1-2010 § 5.]
For each new structure or use, each structure or use increased in area and each change in the use of an existing structure, there shall be provided and maintained off-street parking areas in conformance with the provisions of this section:
A. Design and Improvement Requirements for Parking Lots.
1. Areas used for standing and maneuvering of vehicles shall be hard-sealed surfaced and maintained adequately for all weather use and so drained as to avoid flow of water across public sidewalks or onto adjoining property.
2. Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zones shall be designed to minimize disturbance of residents by the erection between the uses of a sight-obscuring fence of not less than five nor more than six feet in height except where vision clearance is required.
3. Parking spaces along the outer boundaries of a parking lot shall be contained by a curb at least four inches high and set back a minimum of four and one-half feet from the property line or by a bumper rail.
4. Artificial lighting which may be provided shall not create or reflect substantial glare in a residential zone or on any adjacent dwelling.
5. Access aisles shall be of sufficient width for all vehicle turning and maneuvering.
6. Groups of more than four parking spaces shall be served by a driveway so that no backing movements or other maneuvering within a street other than an alley will be required.
7. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will allow the property to accommodate and serve the traffic to be anticipated. Service drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives.
8. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway center line, the street right-of-way line and a straight line joining said lines through points 20 feet from their intersection.
9. Lighting of the parking area shall be deflected from any residential zone.
B. Location Standards for Parking Lots.
1. Off-street parking spaces for dwellings shall be located on the same lot as the dwelling. Off-street parking spaces for all other uses shall be located not further than 500 feet from the building or use they are required to serve.
2. In residential zones, off-street parking areas shall not be located in a required front or street side yard, except that driveways may be used for off-street parking for single-family and two-family dwellings.
C. Required parking spaces shall be available for the parking of operable motor vehicles of residents, customers, patrons and employees only and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting a business.
D. The provision and maintenance of off-street parking spaces are continuing obligations of the property owner. No building or other permit shall be issued until plans are presented that show parking spaces. The subsequent use of property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking space required by this title.
E. Should the owner or occupant of a lot or building change the use of the property to a use which increases the off-street parking requirements, it shall be unlawful and a violation of this title to begin or to maintain such an altered use until the required increase in off-street parking is provided, unless otherwise approved by the city planning commission.
F. In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately.
G. Owners of two or more uses, structures or parcels of land may be permitted to use the same parking spaces jointly when the hours of operation do not overlap, provided substantial proof is presented to the city planning commission pertaining to the cooperative use of the parking facilities.
H. A plan, drawn to scale, indicating how the off-street parking requirements are to be fulfilled shall accompany a request for a building permit.
I. In commercial or residential zones, parking lots which exceed 50 spaces shall be provided with landscaping and other suitable devices in order to divide the parking lot into sub-units to provide for pedestrian safety, traffic control and to improve the appearance of the parking lot.
J. Space requirements for off-street parking shall be as listed in this section. Fractional space requirements shall be counted as whole spaces. When square feet are specified, the area measured shall exclude any space within a building used for off-street parking or loading.
USE | PARKING SPACE REQUIREMENT |
|---|---|
1. Single-family dwelling | Two spaces per unit. |
2. Multi-family dwelling | Three spaces per every two units. |
3. Manufactured dwelling | Two spaces per unit. |
4. Commercial uses | One space for every 300 square feet of gross building area. |
5. Industrial uses | One space for every 600 square feet of gross building area. |
6. Public or quasi-public uses | One space for every 300 square feet of gross building area. |
K. Completion Time for Parking Lots. Required parking spaces shall be improved and available for use by the time the use served by the parking is ready for occupancy. An extension of time may be granted by the city manager providing a performance bond or its equivalent is posted equaling the cost to complete the improvements as estimated by the building official. In the event the improvements are not completed within one year’s time, the bond or its equivalent shall be forfeited and the improvements henceforth constructed under the direction of the city. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. P10-21 § 6.130, 1997. Amended during 2006 recodification.]
A. A commercial or industrial building erected on a lot or increased in size shall provide a minimum of one off-street loading space for a floor area of 10,000 square feet or less. One additional off-street loading space shall be provided for each additional 20,000 square feet of floor area or major fraction thereof.
B. Each loading space shall be not less than 35 feet in length, 10 feet in width and 14 feet in height.
C. Any school having a capacity greater than 25 students shall provide a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. [Ord. P10-21 § 6.140, 1997.]
If, based upon findings of fact, the governing body determines that the off-street parking and/or loading requirements as listed in LMC 18.30.160 and 18.30.170 are inadequate or inappropriate to address the specific needs of a development, the governing body reserves the right to modify said requirements. [Ord. G2-2008, 2008.]
All development proposed adjacent to or at any site designated as scenic or historic in the Lyons comprehensive plan shall be subject to review by the city planning commission. The purpose of this review shall be to evaluate the inherent value of the scenic or historic site and establish development standards to maintain the integrity of these sites when the city planning commission determines that it is in the community’s best interest to do so. [Ord. P10-21 § 6.150, 1997.]
Any development in areas indicated in the Lyons comprehensive plan of 1980 or this title as having development limitations shall be subject to the following requirements: Development in areas with severe surface drainage characteristics shall be provided with adequate drainage facilities, development in areas with slope in excess of 15 percent shall be such that the slope may be adequately maintained and development in wooded areas and areas of riparian vegetation be retained where feasible. The Linn County building official shall determine that the requirements of this title have been met. [Ord. P10-21 § 6.160, 1997.]
All development proposed on land adjoining a perennial stream or waterway shall have a minimum yard setback from the normal low water level of 50 feet. The purpose of this setback is to minimize potential impact on riparian vegetation and wildlife habitat. [Ord. P10-21 § 6.170, 1997.]