(a)

Intent. The intent of this Section is to allow fences, hedges and walls for privacy provided that public safety is maintained.

(b)

General Provisions. Fences, hedges and walls may be permitted in the various districts as accessory uses in accordance with the following limitations:

(1)

No fence or wall in any district shall exceed six (6) feet in height in the side yards and rear yards, except for around the enclosures of outdoor swimming pools.

(2)

No fence or wall in any district shall exceed four (4) feet in height in the front yard, except for around the enclosures of outdoor swimming pools.

(3)

No fence, hedge, wall, shrubbery or sign shall interfere with the vision of motorists at any intersection.

(4)

Fences, hedges and walls are not subject to setback requirements.

(5)

The use of barbed wire fencing and electrically charged fencing is prohibited except for within properties zoned for agricultural use and/or to protect municipal utility facilities or facilities providing essential services to Town residents.

(Prior code 9-3-1; Ord. 956 § 1, 2014)

(Ord. No. 1012, § 2, 4-3-2017)

(a)

Intent. The intent of this Section is to allow decks attached to a principal structure to be set back five (5) feet from the rear yard property line.

(b)

General Provisions. Decks attached to principal structures may be permitted in all districts in accordance with the following limitations:

(1)

The deck shall meet a minimum setback of five (5) feet from the rear yard property line.

(2)

The deck shall meet front and side yard setbacks of zone district in which it is located.

(Prior code 9-3-2; Ord. 956 § 1, 2014)

(a)

Standards. A home business shall be allowed as a permitted accessory use, provided that all of the following conditions are met:

(1)

Such use shall be conducted entirely within the principal dwelling and/or an accessory structure associated with the residential use and shall be carried on by the inhabitants of the principal dwelling and a maximum of one (1) employee.

(2)

Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.

(3)

The total area used for such purposes shall not exceed one-half (½) the first floor area of the user's dwelling unit.

(4)

There shall be no substantial retailing or wholesaling of stocks, supplies or products conducted on the premises of a home business; however, delivery of retail products to the consumer off the premises, such as in the course of an Internet or mail order business, shall be permitted.

(5)

There shall be no exterior storage on the premises of supplies or materials used in the home business.

(6)

There shall be no storage, use or discharge of any chemically hazardous or explosive materials within the structures or upon the exterior of the property.

(7)

A home business shall not generate or result in nuisances such as noise, vibration, odor, glare, fumes, electromagnetic interference or hazards greater than that usually associated with residential uses.

(8)

A home business shall provide an off-street parking area adequate to accommodate all needs created by the home business.

(9)

Such use shall not produce traffic volumes of more than eight (8) business-related vehicle visits daily. The employee, if any, shall be included in the count of business-related vehicle visits.

(10)

Business-related visits to the home business are only allowed from 7:00 a.m. to 7:00 p.m. daily.

(b)

Permitted identification signs for home businesses are described in Subsection 16-9-120(a) of this Chapter.

(Prior code 9-2-12; Ord. 956 § 1, 2014)

(a)

Intent. The intent of this Section is to ensure that any development minimizes environmental impacts, mitigates impacts to wildlife and wildlife habitat, and promotes building practices which benefit the environment and the socioeconomic well-being of current and future residents.

(b)

General Provisions. An environmental impact analysis, if required by the Town, shall be submitted by the applicant and shall include, but not be limited to, the following information:

(1)

Air quality:

a.

Explain any other adverse impacts on air quality anticipated from the proposal.

b.

Describe the impacts and net effect that the activity would have on air quality during both construction and operation under both average and worst-case conditions.

(2)

Significant environmentally sensitive factors:

a.

Identify potential natural hazards, public outdoor recreation and open space areas and unique areas of geological, historical and archaeological importance present in the proposed development or activity and its environs, and detail the potential impact of the proposal upon each feature.

(3)

Terrestrial and aquatic animals and habitat:

a.

Describe terrestrial and aquatic animals, including the status and relative importance of game and non-game wildlife, livestock and other animals; include a description of stream flows and lake levels needed to protect the aquatic environment and a description of threatened or endangered animal species and their habitat.

b.

Describe critical wildlife habitat and livestock range to be affected by the activity, including migration routes, calving areas, summer and winter range and spawning beds.

c.

Describe the impacts and net effect that the activity would have on terrestrial and aquatic animals, habitat and food chain.

(4)

Terrestrial and aquatic plant life:

a.

Describe terrestrial and aquatic plant life, including the type and density and threatened or endangered plant species and habitat.

b.

Describe the impacts and net effect that the activity would have on terrestrial and aquatic plant life.

(5)

Water resources:

a.

Identify any flood hazard area associated with the proposal with documentation of historical flooding activity on the parcel where the activity or development will be located and on other property affected by the activity or development; and describe potential, adverse impacts related to the associated flood hazard area.

b.

Describe all surface waters to be affected by the project and the immediate and long-term impact and net effects that the activity would have on the quantity and quality of surface water under both average and worst-case conditions.

c.

Describe the impacts and net effect of the activity on wetlands and riparian areas, including a description of the types of wetlands species composition and biomass, the source of water interacting with the surface systems to create each wetland and the impacts and net effect that the project will have on the wetlands and riparian areas.

(6)

Visual aesthetics and nuisance factors:

a.

Identify view sheds, scenic vistas, unique landscapes or land formations.

b.

Identify any significant deterioration of existing natural aesthetics and creation of visual blight, noise pollution or obnoxious odors which may stem from the proposal.

c.

Identify and describe any structures, excavations and embankments that will be visible because of this project.

(7)

Green building standards:

a.

Identify environmental standards for the construction and operation of all proposed buildings.

b.

The resource areas to be considered include water quality and quantity, energy quantity and type, life cycle impacts of building materials, solid waste construction and operation impacts, and health and safety.

(Prior code 9-3-4; Ord. 956 § 1, 2014)

(a)

Intent. The intent of this Section is to provide a financial cost/benefit analysis of a proposed development to the Town in the short-term and long-term, to avoid placing unreasonable financial burdens on the Town.

(b)

General Provisions. A fiscal impact analysis, if required by the Town, shall be submitted by the applicant and shall include, but not be limited to, the following information:

(1)

Costs:

a.

Describe the potential costs to the Town for the proposed development (such as public improvements for roads and utilities), including a breakdown of immediate costs, costs at build-out and long-term costs.

b.

Describe plans for mitigation of costs to the Town.

(2)

Revenue:

a.

Describe the potential revenues to the Town for the proposed development (such as sales tax generation and building fees), including a breakdown of immediate revenues, revenues at build-out and long-term revenues.

b.

Describe the risk factor associated with the revenue generation estimates.

(Prior code 9-3-5; Ord. 956 § 1, 2014)

This provision for temporary uses and structures is intended only to accommodate the need for special exceptions to the zoning regulations and other applicable provisions of this Code during or resulting from officially declared local disasters or emergencies pursuant to Section 24-33.5-709, C.R.S., to provide immediate temporary relief from the direct and indirect damage to land, structures, businesses and supporting infra-structure. The principal purpose is to mitigate the loss of use and promote the rapid restoration of beneficial economic use of property that has suffered direct or indirect damage, including economic damage, due to flood, fire or other natural or manmade disaster. This Section authorizes the Town Administrator to issue permits in any zone for the temporary use of property that will aid in the immediate restoration of an area adversely impacted by a major disaster. The authorization of temporary uses and structures under this Section is intended to promote the recovery of damaged land and structures, accommodating necessary short-term transitional economic uses not otherwise provided for within the underlying zoning, to aid in the eventual restoration of permanent beneficial use consistent with the underlying zoning or proposed site specific master plan that advances the goals and objectives of the Comprehensive Plan. The Town Administrator shall have the authority to administer the provisions of this Section temporarily waiving or modifying provisions of this Code concerning building permits, demolition permits and restrictions on the use, development or occupancy of private property, provided that such action, in the opinion of the Town Administrator, is reasonably justifiable for the protection of life and property, mitigation of hazardous conditions, avoidance of undue displacement of households or businesses or prompt restoration of public infrastructure.

(1)

Critical facilities. Any police, fire, emergency medical, emergency communications facility or other critical municipal or public facility that may aid in the immediate restoration of the area may be permitted in any zone for a period not to exceed two (2) years from date of declaration of emergency.

(2)

Required findings. Other temporary uses: Temporary use permits may be issued in any zone, with conditions, as necessary, provided that written findings are made establishing a factual basis that the proposed temporary use: 1) will not be detrimental to the immediate neighborhood; 2) will not adversely affect the Comprehensive General Plan or any applicable specific plan; and 3) will contribute in a positive way to the reconstruction and recovery of areas adversely impacted by the disaster.

a.

Applicability. All applicants shall show a clear and immediate need for accommodation under this provision due to the direct or indirect damage to land, structures or business operations resulting from any officially declared disaster or emergency. All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in this Section.

b.

Procedures for approval of temporary uses and structures. The procedure for an application for a temporary use or structure shall be as follows:

1.

Step 1: Pre-Application Conference. A pre-application conference is required for temporary use or structure applications under this provision. The applicant shall provide a written statement of intent that identifies the need for accommodation under this provision. Where the proposed temporary use does not conform to the underlying zoning, it shall be the applicant's responsibility to provide a written explanation of the beneficial nature of the requested temporary use as a temporary and transitional means to return to a conforming use. This may include a plan to re-zone the property in response to the changed circumstances resulting from the disaster to accommodate a use that will advance the goals and objectives of the Comprehensive Plan. The applicant shall establish the necessary connection between the temporary use as a bridge to the establishment of a permanent use.

2.

Step 2: Notice to Adjacent Property Owners of Application. The site shall be posted with a notice of the application provided by the Town for a period of at least seven (7) days before approval and issuance of a temporary use permit. Staff may also require written notice to be mailed to adjacent property owners. If so, the applicant shall provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town's address as the return address and the envelopes shall be addressed to the surrounding property owners within three hundred (300) feet of the property and to any referral agencies identified by the Staff.

3.

Step 3: Staff Review and Action. Within thirty (30) days from the date a complete application is submitted and notice is posted, the Staff shall review the application according to the standards set forth in this Section and shall make a final decision to approve, approve with conditions or deny the application.

c.

Standards for review. The Staff shall review an application for a temporary use or structure and evaluate it for compliance with the following standards (as applicable):

1.

The proposed site for the temporary use or structure is adequate in size and shape to accommodate the temporary use;

2.

The proposed site is adequately served by streets, water, power, sanitary sewer and any other necessary infrastructure of sufficient capacity to accommodate the demand that the temporary use may reasonably be expected to generate;

3.

Adequate parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations; and

4.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

5.

The proposed temporary structure and/or use is needed to restore the property to an economically or structurally viable use.

d.

Conditions of approval. In approving a temporary use permit, the Staff may impose conditions, including but not limited to control of nuisance factors (e.g., glare, noise, smoke, dust), provision of security and safety measures, notice of the temporary change in use to the County for property tax purposes, and limitations on hours of operation, storage and parking, provided that such conditions are necessary to:

1.

Achieve the general purposes of this Section and the specific purposes of the zoning district in which the temporary use will be located, or to be consistent with the Comprehensive Plan;

2.

Protect the public health, safety and general welfare; or

3.

Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area.

e.

Time limits on permits. Following the declaration of a local emergency, temporary use permits may be issued with an effective period of up to one (1) year from the date of issuance. The Town Administrator may, in his or her sole discretion, have the authority to extend a temporary use permit to a date certain if the Administrator finds that circumstances exist that would make termination of the permit unduly prejudicial to the holder of the permit, and that those circumstances are beyond the control of the permit holder. Any request for an extension must be accompanied by the notice requirements set forth in Section 16-10-60(2)(b)2., above. If, at any time while the permit is active, substantial evidence contradicting one (1) or more of the required findings comes to the attention of the Town Administrator, then the temporary use permit shall be revoked.
Where a recreational vehicle, mobile or manufactured home or other structure is temporarily authorized for residential use it must be removed from the property no later than thirty (30) days after the certificate of occupancy or a certificate of completion is issued for the new or rehabilitated residence or upon expiration of the temporary use permit, whichever occurs first. If the permit holder fails to remove any temporary structure following expiration of the permit, the Town may remove the temporary structure at the permit holder's expense. Likewise, where the approved temporary use involves the temporary occupancy of a permanent structure that is not otherwise suitable for habitation, the occupants must cease the temporary occupancy of the structure no later than thirty (30) days after a certificate of occupancy is issued for the residential structure on the property. The Town shall be responsible for notifying the Boulder County Sheriff's Office and the Lyons Fire Protection District whenever an approved temporary use involves the occupancy of a nonresidential structure (e.g. a garage) or of a temporary structure.

f.

No vesting/zoning change. Issuance of a temporary use permit under this provision shall not create a vested property right, nor shall the issuance of a temporary use permit constitute a rezoning.

g.

Unlawful acts. It shall be unlawful for any person to:

1.

Continue or maintain a temporary use not otherwise allowed in the applicable zone district after the period of time set forth in this Section or in any approval issued by the Town Administrator;

2.

Fail to cease occupying or fail to remove a temporary structure from the property as required by Subparagraph e. above; or

3.

Otherwise use the property in violation of this Chapter.

h.

Appeals. The final administrative determination of the Staff may be appealed to the Board of Trustees. The decision of the Board of Trustees may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure Rule 106(a)(4).

(Ord. 949 § 1, 2014; Ord. 956 § 1, 2014; Ord. No. 983, § 1, 8-3-2015)

(a)

Purpose. This Section is adopted for the following purposes:

(1)

To provide a mix of housing that is responsive to changing demographics and family needs;

(2)

To provide a broader range of accessible and more affordable housing;

(3)

To increase the number of small dwelling units available for rent in the Town by low- to moderate-income persons;

(4)

To provide a means for residents to remain in their homes and neighborhoods and obtain extra income, security, companionship, and services;

(5)

To allow more efficient use of existing housing stock and infrastructure; and

(6)

To create new housing compatible with the scale and look of single-family neighborhoods.

(b)

Creation and Use of New Accessory Dwelling Units (ADUs).

(1)

ADUs may either be created in converted space in an existing principal dwelling or in new space attached to the principal dwelling, or as a new detached structure or created in converted space in an existing detached structure.

(2)

Where permitted, all ADUs are subject to administrative review.

(3)

Mobile homes, manufactured homes, and recreational vehicles, which includes all vehicles that bear a Vehicle Identification Number (VIN), shall not qualify or be used as accessory dwelling units.

(4)

There shall be no short-term lodgers within an ADU. Owners shall not lease or rent Accessory Dwelling Units for a period of time or term of occupancy of less than thirty (30) days.

(5)

ADU Occupancy Caps. Accessory Dwelling Units shall not be occupied by more than one (1) family as defined in Section 16-1-180 of this Code.

(c)

Standards.

(1)

ADUs shall be allowed as accessory uses to and detached single unit residential uses in the R-1, R-2, R-2A, E, EC and A and any other zone districts which permit detached single unit dwelling.

(2)

Design standards.

a.

An ADU shall comply with all applicable site design and building design standards, access standards and other standards applicable to principal dwelling units in the zoning district where the ADU will be located.

b.

An ADU shall contain private sanitary facilities with hot and cold running water, cooking and food storage facilities and sleeping quarters to accommodate a second dwelling unit which is independent and separate from the principal single unit detached dwelling.

c.

A separate entrance into an accessory dwelling unit shall not be located on a street-facing exterior building facade.

d.

An ADU shall comply with the applicable locally adopted building code, fire code, and all other applicable local, state and federal regulations. Notwithstanding anything in the code or NFPA Standards to the contrary, no sprinkler system shall be required for any ADU of eight hundred (800) square feet or less.

e.

ADUs are subject to the principal building front and side setback requirements in the underlying zone district. ADUs are subject to the rear setback requirement for accessory buildings. If the ADU is attached or internal to the principal building, the portion of the structure containing the principal dwelling unit must maintain the rear setback for principal buildings.

f.

ADUs are subject to the maximum building height in the underlying zone district.

g.

Detached ADUs shall be subject to any design standards that apply to the principal building.

h.

A variance may be requested for any setback or height requirements.

(4)

Size of an ADU (habitable floor area). There is no minimum ADU size set by this Section. ADUs shall not be larger than the principal dwelling unit unless the principal dwelling unit is eight hundred (800) square feet or less, in which case the ADU may be a maximum of eight hundred (800) square feet. These size limitations shall not apply to ADUs located in a basement, for which there is no size limit.

(5)

There shall be no more than one (1) accessory dwelling unit on a lot, unless the lot is equal to or more than one-half (.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet). If the lot size is equal to or more than one-half (.5) acre, then one (1) additional ADU is permitted. For lots equal to or greater than one (1) acre, more than two (2) ADUs may be requested to be permitted upon request to the BOT. PCDC shall conduct a public hearing on the request and make a recommendation to the BOT. The BOT shall conduct a public hearing on the request which shall be the final decision of the Town. In evaluating whether more than two (2) ADUs shall be permitted, the PCDC and BOT shall evaluate the impacts of the additional ADUs on surrounding properties, compatibility with adjacent uses, and the sufficiency of utilities to permit additional ADUs.

(6)

Parking requirements. Off-street parking is not required.

(d)

Administrative Review Criteria for ADUs.

(1)

All applications for ADUs shall be subject to administrative review by the Town Administrator of their designee. ADUs shall comply with all requirements of this Section and all applicable locally adopted building code, fire code, and all other applicable local, state and federal regulations.

(2)

An applicant for an ADU may appeal an adverse decision on an ADU application to the PCDC. The decision of the PCDC shall be the final decision of the Town.

(e)

Additional Standards for Tiny Homes as ADUs.

(1)

Definitions.

ANSI Standards is defined as the version of American National Standards Institute Park Model Recreational Vehicle Standard 119.5 in effect as of the date an application for approval of a Tiny Home as an ADU is filed with the Town Planner.

NEC Standards is defined as National Electrical Code Standards 551 and 552 in effect as of the date an application for approval of a Tiny Home as an ADU is filed with the Town Planner.

NFPA Standards is defined as the version of National Fire Protection Association Standard 1192 in effect as of the date an application for an ADU is filed with the Town Planner.

Tiny Home means a dwelling unit built: (i) at a location other than the property on which it is proposed to be located, (ii) on a permanent chassis with wheels, (iii) with no attached motor as the means of propulsion, (iv) constructed by a manufacturer certified to comply with ANSI Standards, NFPA Standards and NEC Standards in its Tiny Home construction, (v) to be used as a dwelling unit, (vi) with the exterior appearance of a single-family dwelling unit, and (vii) otherwise complying with the provisions of this Section. Tiny Homes shall not include a small dwelling unit constructed on the site where it is proposed to be located. Such "stick-built" units constructed on-site shall be governed by the building standards and processes set forth in Chapter 18 of the LMC. Tiny Homes may not exceed (i) four hundred (400) square feet in size, exclusive of porches or decks, or (ii) seventeen (17) feet in height, from ground to roof peak.

(2)

Tiny Homes on Wheels may be allowed as ADUs in any R-1, R-2, R-2A and A zoning districts in Lyons Town limits subject to administrative approval in accordance with (d) above. A Tiny Home on Wheels ADU may have separate ownership than the principal dwelling unit. A Tiny Home on Wheels ADU may not be used as a Short-Term Rental. A Tiny Home on Wheels ADU is only allowed in R-2 and R-2A districts that do not have an existing second dwelling unit. Any subsequent application to construct a second dwelling unit on lot with an existing Tiny Home on Wheels shall require removal of the Tiny Home on Wheels and either installation of separate water, wastewater, and electric services or utilization of existing utility taps prior to approval of the detached second dwelling unit. When a second dwelling unit utilizes existing utility taps, all tap fees and water share dedication requirements shall be provided to the Town.

(3)

Minimum Construction Standards. Tiny Homes shall be (i) certified in writing by their manufacturer as being constructed to ANSI Standards, NFPA Standards and NEC Standards, and (ii) constructed by a manufacturer certified as complying with ANSI Standards, NFPA Standards and NEC Standards by a certification agency accredited pursuant to American Society for Testing and Materials Appendix E541.

(4)

Additional Standards. In addition to ANSI, NFPA and NEC Standards, Tiny Homes must have:

—

Working smoke and carbon monoxide detectors;

—

Working fire extinguisher [size or rating];

—

In addition to the main entrance, a minimum egress/rescue opening of at least twenty (20) inches (width) by twenty-four (24) inches (height) must be accessible from sleeping areas; and

—

A minimum of R-13 insulation levels in the floor, walls, and roof.

(5)

Exterior Appearance Single-Family in Character. Tiny Homes shall be finished on all sides with wood panel siding, vinyl siding, brick or stone veneer siding, stucco finish siding, other architecturally finished veneer, or with other similar types of siding as approved by the Town Administrator or their designee. Tiny Homes shall also have premanufactured insulated residential-grade exterior doors, premanufactured insulated residential-grade windows, and residential style/type roofing materials.

(6)

Compatibility with Design Standards and Principal Residence. The owner of the property on which a Tiny Home is proposed to be located shall provide evidence that the Tiny Home is compatible with any applicable design standards and architecturally compatible with the principal residence and is not a traditional mobile home or recreational vehicle. Design Standards applicable to all applications for a Tiny Home ADU include the following:

—

More than one (1) type of exterior siding listed above in subsection (5) on a single side in an integrated manner;

—

Exterior accessories, such as permanent shutters, fixed sunshade devices or gutters/downspouts;

—

Pitched roofing (3:12 pitch or steeper);

—

Dormers;

—

Premanufactured skylights;

—

Built-in porch or deck;

—

Exterior residential light sconces or downcans; or

—

Other features as otherwise approved by the Town Administrator, or their designee.

(7)

Screening. Tiny Home wheels, running gear, and hitch components shall be screened from view with (i) skirting of the same exterior siding and materials as the Tiny Home, or (ii) other materials approved by the Town Planner.

(8)

Utilities. Tiny Homes must be connected to Town water, wastewater and electric systems. They may also be connected to gas lines but may not have external propane or other combustible fuel tanks. A permit from the Town is required for all Town utility connections. Such connections must meet the requirements of the utility provider and, as to Town utilities, must be certified as compliant with Town standards by the Town Building Official. A reasonable fee may be set by the Board of Trustees for such certification. For purposes of determining applicable fees, Tiny Homes shall be considered as detached ADUs governed by Sections 13-3-90 and 13-4-80 of the LMC.

(9)

Anchoring; Tie-Downs. A Tiny Home must be anchored or secured in a safe and secure manner sufficient to withstand wind gusts of up to one hundred forty (140) miles per hour. A certificate of compliance with such standard must be obtained from a structural engineer licensed in the State of Colorado and such certificate must be provided to the Town Administrator, or their designee(s) prior to the Tiny Home being occupied or Town utilities being provided to the Tiny Home.

(10)

Interior Storage of Water Prohibited. No interior water storage tank, other than a hot water heater or toilet, shall be allowed within a Tiny Home.

(11)

Interior Storage of Wastewater Prohibited. No interior storage of wastewater shall be allowed within a Tiny Home.

(12)

Separation from Other Structures. Tiny Homes used as ADUs must be separated from other structures on the property by at least ten (10) feet.

(13)

Setbacks, Floodway, Floodplain. In no event may any Tiny Home used as an ADU be located within fifty (50) feet of the bank of a river or creek, measured as of normal flow on June 1 of each year. No Tiny Home used as an ADU may be located in a floodway. Any Tiny Home proposed to be used as an ADU in a floodplain must comply with all Town and Federal Emergency Management Agency requirements for structures located within a floodplain.

(14)

Occupancy Limit. No more than four (4) persons may occupy a Tiny Home utilized as an ADU.

(15)

Applications; Site Plan Review. A Tiny Home site plan shall be submitted along with an application to approve a Tiny Home as an ADU. Such plan and application shall be filed with the Town Administrator, or their designee. A reasonable fee or fees may be set by the BOT for filing and review of such applications and plans. Tiny Home residential site plans shall, at a minimum, include the following:

—

Proposed location on a lot, including setback distance from lot boundaries;

—

Proof of method of complying with minimum construction standards set forth in paragraph (d)(3) above;

—

Elevation drawings of the Tiny Home to indicate the method of screening/skirting;

—

Identification of type of siding and roofing materials;

—

Floorplan of the Tiny Home;

—

Proof of utility connections (availability and location);

—

Landscaping plan;

—

Identification of engineers to provide compliance certificates pursuant to paragraph (d)(9) above;

—

Additional documentation as required by the Town Planner that may be necessary, in his or her opinion, to approve the site plan.

(16)

No Short-Term Rental. There shall be no short-term lodgers within Tiny Homes to be used as ADUs pursuant to Section 16-10-70 and shall not be eligible for short-term rental permits or bed and breakfast licensing.

(17)

Limitation in Number. No more than ten (10) Tiny Homes may be used as ADUs within Lyons town limits. Upon approval of the tenth such Tiny Home, the Board of Trustees may review the effects of Tiny Homes on Lyons' affordable housing inventory and may, in its discretion, increase the total allowable number of Tiny Homes.

(18)

Removal of Tiny Homes. At least thirty (30) days prior to moving a Tiny Home off its approved site, the property owner shall notify the Town Planner in writing that the Tiny Home is to be moved and shall identify how utility connections will be secured or removed. Utility connections shall be inspected upon disconnection and shall be secured by the property owner to the satisfaction of the Town Building Official.

(e)

Unity of Ownership. The fee ownership of the principal dwelling and accessory dwelling unit shall not be separated.

(f)

Utilities. All accessory dwelling units shall be served with municipal water, municipal sanitary sewer and municipal electric service. Accessory dwelling units must be connected to the water, wastewater and electric utilities of the principal dwelling unit and may not have separate services, unless the Town Administrator determines such to be infeasible. As applicable, if at any point an accessory dwelling unit is converted to a non-accessory dwelling unit secondary dwelling (with or without separate ownership), installation of separate water, wastewater, and electric services shall be required.

(Ord. 950 § 1, 2014; Ord. 956 § 1, 2014)

(Ord. No. 1006, § 4, 12-5-2016; Ord. No. 1047, §§ 2, 3, 1-7-2019; Ord. No. 1071, §§ 2—4, 11-18-2019; Ord. No. 1156, § 2, 1-8-2024; Ord. No. 1192, § 2(Exh. B), 6-2-2025)

(a)

Districts Permitted. It shall be unlawful to operate or to cause or permit the operation of a short-term rental except in zone districts A-1, A-2, E, EC, R-1, R-2, C, CD, and CEC. All operation of short-term rentals within such zone districts shall be subject to the owner obtaining all licenses required by Chapter 6, Article 7 of this Code.

(b)

No RVs or Temporary Structures. Recreational Vehicles (RVs), which includes all vehicles that bear a Vehicle Identification Number (VIN), tents, campers or other temporary structures may not be used as a short-term rental.

(c)

Occupancy Caps. No short-term rental may have more than two (2) adults per bedroom or sleeping room, subject to a maximum of eight (8) overnight guests, regardless of age, unless a greater occupancy limit is approved by conditional use review.

(d)

Parking Requirements. No more than two (2) vehicles may be parked overnight on a public street outside of a licensed short-term rental property. Parking of short-term rental occupant vehicles in alleys or in such a manner as to block emergency access is prohibited.

(e)

Prohibited Activities. The following activities are prohibited while a short-term rental is in use:

(1)

Outdoor sleeping.

(2)

Installation of tents, canopies, or other temporary structures or shelters.

(3)

Attendance at any outdoor activity at the property on which the short-term rental is located by more than twice the number of permitted overnight occupants. A short-term rental may be used for overnight lodging only.

(4)

Solicitation, advertising, rental, or use of a short-term rental for the purpose of holding a party, special event, social gathering, wedding or similar use are prohibited at all times.

(5)

No kitchen facilities or cooking shall be allowed in guest rooms, sleeping rooms, or bedrooms.

(6)

Owner occupancy of a detached accessory dwelling unit (ADU) while the principal dwelling unit is in use as a short-term rental is prohibited.

(f)

Nothing in this Section 16-10-80 eliminates or shall be construed to eliminate the requirement for bed and breakfasts to obtain a conditional use permit as required by this Code.

(Ord. No. 1019, § 5, 9-18-2017)

(a)

Districts permitted. It shall be unlawful to operate or to cause the operation of a Farmer's Market except in the following zone districts:

1.

CEC. Use by right.

2.

C. Use by right if secondary/accessory with a permitted Principal Use. A Conditional Use Permit shall be required if not secondary/accessory with a permitted Principal Use.

3.

CD. Use by right if secondary/accessory with a permitted Principal Use. A Conditional Use Permit shall be required if not secondary/accessory with a permitted Principal Use.

(b)

Permitted hours of operation. Farmer's Markets shall only be operated from 7:00 a.m. to 7:00 p.m.

(c)

Frequency of operation. Farmer's Markets shall be operated no more than twice a week.

(Ord. No. 1172, § 2, 9-3-2024)

(1)

In all zone districts. Electric vehicle (EV) charge stations shall be permitted as a secondary/accessory use with a permitted Principal Use and as a Use by Special Review in the CEC District.

(2)

Setbacks. All required infrastructure (excluding charging bollards and spaces) shall be located at least twenty-five (25) feet from all property taxes.

(3)

Screening. Screening of electrical boxes, battery banks, and solar hoods is required. Screening should be incorporated into existing building architecture where possible and utilize the same materials as the principal building to the greatest degree possible. If facilities stand alone on the property, screening should include walls, fences or flame-resistant plantings to provide complete screening from normal eye level (six-foot height recommended) on all sides where access is not needed.

(4)

Submittal requirements.

a.

Electric vehicle (EV) charge station narrative required. A written statement shall address the following:

i.

Litter control, trash collection, on-site storage, and pick-up (if applicable).

ii.

Parking standards and hours or operation (no overnight parking shall be permitted).

b.

Electric vehicle (EV) charge station site plan required. A site plan showing all facility infrastructure and utility connections.

(7)

Electric vehicle (EV) charge station (see Section 16-10-100).

(Ord. No. 1174, § 21, 10-21-2024)