Lyons City Zoning Code
CHAPTER 18
40 NONCONFORMING USES
§ 18.40.010 Intent.
It is the intent of the nonconforming use sections of this title to permit pre-existing uses and structures which do not conform to the use or dimensional standards of this title to continue under conditions specified herein. However, alteration or expansion of these nonconforming uses and structures, thereby creating potentially adverse effects in the immediate neighborhood or in the city as a whole are not permitted except as outlined in this chapter.
(Ord. P10-21 § 7.010, 1997; Ord. P10-55 § 1, 1999)
§ 18.40.020 Continuation of a nonconforming use.
A.
A nonconforming use of a structure or a nonconforming use may be continued and maintained but shall not be altered or extended unless it meets the standards of this chapter.
B.
The extension of a nonconforming use to a portion of a structure which was arranged or designed for such use at the time of passage of the ordinance codified in this title, or an amendment to this title which makes the use nonconforming, is not an extension of a nonconforming use.
C.
In the C, LI and GI zones, a pre-existing dwelling may be altered or expanded; provided, that the alteration or expansion shall not exceed the height of building and lot coverage requirements of the SFR zone; and further provided, that the alteration or expansion shall not be reduced below the yard requirements of the SFR zone. An alteration or expansion of a pre-existing dwelling which does not meet the lot size or width requirements of the SFR zone shall be permitted as long as Linn County Environmental Health Program requirements for subsurface sewage disposal systems are met.
(Ord. P10-21 § 7.020, 1997; Ord. P10-55 § 1, 1999; Ord. G1-2006 § 30, 2006)
§ 18.40.030 Nonconforming structure.
A structure conforming as to use but nonconforming as to height, setback, lot coverage or similar dimensional standard may be altered or extended if the alteration or extension does not cause the structure to deviate further from the standards of this title. A structure which is nonconforming as to lot size or lot width may be altered or extended as long as the alteration or extension meets the requirements of the Linn County environmental health program for subsurface sewage disposal systems.
(Ord. P10-21 § 7.030, 1997; Ord. P10-55 § 1, 1999)
§ 18.40.040 Discontinuance of a nonconforming use.
A.
Except as provided for in subsection (C) of this section, if a nonconforming use involving a structure is discontinued from active use for a period of one year, further use of the property shall be for a conforming use.
B.
If a nonconforming use not involving a structure is discontinued from active use for a period of six months, further use of the property shall be for a conforming use.
C.
A pre-existing dwelling in the C, LI and GI zones may continue to be used for residential purposes regardless of whether it has been discontinued from active use for a period of one year. Extension of the time period of more than one year may be granted by the city council under circumstances of personal or economic hardship on the part of the property owner.
(Ord. P10-21 § 7.040, 1997; Ord. P10-55 § 1, 1999)
§ 18.40.050 Change of a nonconforming use.
If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the zone in which it is located.
(Ord. P10-21 § 7.050, 1997; Ord. P10-55 § 1, 1999)
§ 18.40.060 Destruction of a nonconforming use.
A.
If a nonconforming structure or a structure containing a nonconforming use is destroyed or damaged by fire, casualty or natural disaster, it may be restored, provided the restoration shall be commenced within one year from the occurrence of the fire, casualty or natural disaster. Extension of the one-year time period may be granted by the city council under circumstances of personal or economic hardship on the part of the property owner.
B.
If a nonconforming dwelling in the C, LI or GI zone is damaged, demolished or destroyed by any cause, it may be replaced or restored as a dwelling, provided the replacement or restoration shall be commenced within a period of one year and shall meet the yard, lot coverage, and building height requirements of the SFR zone. Extension of the one-year time period may be granted by the city council under circumstances of personal or economic hardship on the part of the property owner. The replacement dwelling need not meet the lot size and lot width requirements of the SFR zone but it shall meet the subsurface sewage disposal requirements of the Linn County environmental health program.
(Ord. P10-21 § 7.060, 1997; Ord. P10-55 § 1, 1999)
§ 18.40.070 Repairs and maintenance.
Any building housing a nonconforming use may be maintained or restored to conform with the standards of the building code, including repair or replacement of fixtures, wiring or plumbing, provided the building is not increased in cubic content or floor area.
(Ord. P10-21 § 7.070, 1997; Ord. P10-55 § 1, 1999)
§ 18.40.080 Completion of structure.
Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a building permit has been lawfully issued and construction has commenced prior to adoption of the ordinance codified in this title, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the time the permit is issued. Extension of the one-year time period may be granted by the city council under circumstances of personal or economic hardship on the part of the property owner.
(Ord. P10-21 § 7.080, 1997; Ord. P10-55 § 1, 1999)
