Lyons City Zoning Code

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.

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.

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.

Accessory structures, other than garages, shall be detached from all other buildings by at least eight feet.

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.

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.

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:

Temporary Occupancy of Recreation Vehicle or Other Mobile Residence.

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 resolution 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.

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.

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.

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.

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.

A new single-family dwelling shall have a minimum floor area of 1,000 square feet.

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.

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.

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:

Floor Area of the Accessory Dwelling.

Other Development Standards.

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:

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.

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.

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.

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.

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.

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.

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.

Size. The manufactured home must be multi-sectional and enclose at least 1,000 square feet.

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.

Foundation. The manufactured home shall be placed on continuous concrete footings. The footings shall comply with all requirements of state and federal law.

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.

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.

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.

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.

The manufactured home shall be provided with gutters and down spouts to direct storm water away from the placement site.

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.

At the time of installation, the manufactured home shall be in good repair and free of structural, electrical, mechanical and plumbing defects.

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 resolution 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:

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.

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.

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.

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.

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.

Procedure for Approval of a Temporary Hardship Manufactured Dwelling.

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:

Biennial Review. Each permit for the placement of a temporary hardship manufactured dwelling shall be reviewed every two years 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.

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.

Temporary Hardship Permit Not Transferable. This permit is not transferable to other persons or property.

A minimum of 20 percent of the lot shall be developed and maintained as open space and outdoor recreation area.

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.

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.

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.

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.

General Provisions.

Residential Zones. All signs in the SFR, single-family residential zone, and the MFR, multiple-family residential zone, shall conform to the following:

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:

Design and Improvement Requirements for Parking Lots.

Location Standards for Parking Lots.

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.

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.

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.

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.

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.

A plan, drawn to scale, indicating how the off-street parking requirements are to be fulfilled shall accompany a request for a building permit.

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.

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.

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.

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.

Each loading space shall be not less than 35 feet in length, 10 feet in width and 14 feet in height.

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.