In a PUD District established as an overlay to an existing residential, commercial or industrial zoning district, principal permitted, conditional and accessory uses of the underlying zoning district shall be allowed as appropriate and approved in the PUD Plan. In the case of any conflict between the use or development standards applicable in the underlying zoning district and the restrictions, controls and incentives stated in an approved PUD Plan, the PUD Plan shall apply and control in the overlay area.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

(Ord. No. 1094, § 3, 1-4-2021)

For PUD Overlay Districts, the allowable number of residential dwelling units per acre shall be established by the underlying zoning district designation. The decision-making body may increase density for any of the amenities described in Section 16-4-200 of this Article.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

A manufactured home park is a high-density residential development on a parcel of land under single ownership or control on which two (2) or more manufactured homes are occupied as residences. A manufactured home park is allowed only in conjunction with a PUD Overlay District and is subject to the following provisions:

(1)

An amendment to the zoning district map to create a PUD-MH Overlay District shall follow the PUD and amendment procedures set forth in this Chapter.

(2)

If a manufactured home park includes dedication of public streets and utility easements, a subdivision plat is required in accordance with the subdivision regulations set forth in this Code.

(3)

All manufactured homes within the park must be set on a permanent, engineered foundation and shall be certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq., as amended, or shall be certified by the Colorado Division of Housing pursuant to Section 24-32-701, et seq., C.R.S.

(4)

A manufactured home park shall be designed in accordance with the following design standards:

a.

The interior streets shall be privately owned and maintained by the park owner.

b.

Every manufactured home space shall have two (2) off-street parking spaces adjacent to the manufactured home.

c.

The park plan shall include a system of pedestrian circulation within the development and connect with existing sidewalks adjacent to the property.

d.

The minimum manufactured home space area shall be four thousand (4,000) square feet, with a minimum lot length of eighty (80) feet and a minimum lot width of fifty (50) feet.

e.

The maximum gross density shall be ten (10) units per acre.

f.

The minimum distance between any building or manufactured home from a property line of the manufactured home park shall be twenty (20) feet.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

The applicant shall attend a preapplication conference with a representative from the Town. The purpose of the meeting is to discuss the conditional use submittal requirements and review process.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

The applicant shall submit ten (10) copies of the complete conditional use application package to the Town Clerk and shall request that the application be reviewed by the PCDC and BOT. A written consent by the owners of all property to be included in the PUD District must accompany the application. The application shall include:

(1)

Completed application form, application fee and fee agreement.

(2)

Current proof of ownership in the form of title insurance issued within thirty (30) days of submission of the application.

(3)

Written statement and any graphics necessary to describe how the proposed development departs from the otherwise applicable standards of the current or underlying zoning district and how the proposed PUD Plan, on balance, is an improvement over what would be required under otherwise applicable development regulations. The written statement shall address the following points:

a.

Need for the proposed PUD Plan;

b.

Present and future impacts on the existing adjacent properties, uses and physical character of the surrounding area;

c.

Impact of the proposed PUD Plan on area accesses and traffic patterns;

d.

Availability of utilities for conditional use;

e.

Potential impacts on public facilities and services, including but not limited to fire, police, water, sanitation, roadways, parks, schools and transit;

f.

Fiscal impact analysis;

g.

Environmental impact analysis;

h.

The relationship between the proposal and the Comprehensive Plan.

i.

Public benefits arising from the proposal;

j.

Proposed project name;

k.

Legal description of all land included in the PUD District;

l.

Total acreage of the project;

m.

An explanation of how all functional open space will be preserved and maintained;

n.

Architectural intent of the project; and

o.

Intended use of each building and breakdown of square footage of residential and nonresidential uses.

p.

Description of how the PUD development will relate and connect to surrounding properties and uses.

(4)

A general location map of the project relative to the surrounding area prepared at a scale appropriate to show its relationship to adjacent streets and properties.

(5)

A map showing existing zoning districts on the site.

(6)

A complete site plan showing the major details of the PUD Plan prepared at a scale of not less than one (1) inch equals one hundred (100) feet. The site plan shall include:

a.

Topography at five-foot contour intervals;

b.

Proposed land uses;

c.

The location and size of all existing and proposed buildings, structures and improvements;

d.

The density and type of dwellings;

e.

The maximum height of all buildings;

f.

The internal traffic and circulation systems, off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including pedestrian circulation and external connections;

g.

Areas within the 100-year floodplain;

h.

A general screening and landscape plan to be followed;

i.

Designation of land to be retained as functional open space; and

j.

The location, height and size of proposed signs, lighting and advertising devices.

(7)

A development schedule indicating the approximate date when construction or site development to the PUD Plan or stages of the PUD Plan can be expected to begin and be completed.

(8)

Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance and scale of all buildings.

(9)

Surrounding and interested property ownership report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

(10)

Surrounding and interested property ownership notification envelopes. One (1) set of stamped and addressed envelopes. The envelopes shall have the Town's address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, oil and gas lessees for the property and the appropriate referral agencies.

(11)

A signed certification from the applicant that proper notice has been provided to the mineral estate owner pursuant to and in accordance with Section 24-65.5-103, C.R.S., or a certification that such notice is not required because the surface estate has not been separated from the mineral estate for the property described in the application.

(12)

Such additional information as may be required by the Town.

(13)

Any additional information or exhibits the applicant deems pertinent in evaluating the proposed PUD Plan.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

Within ten (10) working days, Town Staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the amended application to the Town Clerk.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

The permitted PUD Districts may be established through one (1) of the following procedures:

(1)

Initial zoning when petitioning for annexation;

(2)

A rezoning to a PUD District; or

(3)

Approval of a permitted PUD District as an overlay to an existing residential, commercial or industrial zoning district, as follows:

a.

PUD-R may be established as an overlay in the R-1, R-2, R-2A, and R-3 zoning districts;

b.

PUD-C may be established as an overlay in the C zoning district;

c.

PUD-I may be established as an overlay in the LI and GI zoning districts; and

d.

PUD-MU may be established as an overlay in the C, CD, and CEC zoning districts.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

(Ord. No. 1094, § 4, 1-4-2021)

(a)

PUD Plans Required. Approval of Preliminary and Final PUD Plans is required prior to any development in a PUD District. A Preliminary PUD Plan shall be submitted concurrently with all requests for approval of a PUD District. Preliminary PUD Plans are reviewed and approved by the Planning and Community Development Commission. Final PUD Plans are reviewed and approved by Planning and Community Development Commission and the Board of Trustees.

(b)

Consolidation With Subdivision Approval. Where applicable, the applicant shall consolidate an application for Preliminary PUD Plan approval with an application for preliminary subdivision plan approval.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

All requests for the establishment of a permitted PUD District shall evidence compliance with the following general criteria:

(1)

The PUD Plan is generally consistent with the Lyons Comprehensive Plan. The decision-making body shall weigh competing Comprehensive Plan goals, policies and strategies and may approve a PUD Plan that provides a public benefit even if it is contrary to some of the goals, policies or strategies in the Comprehensive Plan.

(2)

The PUD Plan complies with all applicable district-specific standards and PUD development/design standards.

(3)

The PUD Plan shall comply with all standards, requirements and specifications for provision of the following services: water; sewer; electricity; gas; public transit; trash collection and recycling; storm drainage; floodplain; telecommunications; streets/pedestrian system; fire protection; and cable television.

(4)

The PUD Plan shall be integrated and connected, whenever possible, with adjacent development through street connections, sidewalks, trails and similar features.

(5)

The PUD Plan shall be sensitive to existing adjacent development and shall not limit the ability to integrate surrounding land into the Town or cause variances or exceptions to be necessary if the adjacent land is annexed or developed.

(6)

The PUD Plan shall avoid or substantially mitigate impacts from development in known areas of natural or geologic hazard, including unstable slopes, flood, high groundwater or soil conditions unfavorable to development.

(7)

The PUD Plan minimizes environmental impacts, mitigates impacts to wildlife and wildlife habitat and promotes green building standards.

(8)

The PUD Plan avoids placing unreasonable financial burdens on the Town.

(9)

The PUD Plan shall be consistent with and implement the intent of the specific PUD District.

(10)

Any applicable standards, requirements and specifications may be modified if the decision-making body finds that the proposed PUD Plan incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree and vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments.

(11)

Except where modifications are allowed under Section 16-4-50 above, the PUD Plan complies with all applicable standards stated in this Chapter.

(12)

The proposed phasing, if any, for development of the PUD Plan is rational in terms of available infrastructure capacity and adequate public facility standards.

(13)

Height and setback standards shall be established using the following criteria:

a.

The proposed structure would have minimal effect upon adjacent properties with respect to compatibility of use and design, solar access, visual access and rights of privacy, light and air;

b.

The height and/or setback standards would not interfere with delivery of public services to the site at existing levels of service or at adequate levels required by Town policies and regulations;

c.

The project complies with all fire and building code regulations and standards;

d.

The architecture and character of the proposed structure is compatible with existing development on surrounding or adjacent parcels; and

e.

In the PUD Overlay District, the development complies with all other applicable zoning and development regulations, including parking, screening, bulk and landscaping.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

In addition to the general review criteria stated above, all PUD-MU Districts shall comply with the following criteria:

(1)

The applicant shall establish that the addition of residential units to the planned commercial or industrial development benefits both the owners of commercial units and residents of the PUD District.

(2)

The design and operations of the nonresidential land uses in the PUD District will not result in adverse impacts on the residential uses in the PUD District.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

(Ord. No. 1094, § 5, 1-4-2021)

PUD districts established as the initial zoning at the time of annexation shall be reviewed and approved under the procedures applicable to annexations as specified in Chapter 15 of this Code. The request for initial PUD District zoning shall be reviewed and approved in compliance with all applicable review criteria for rezonings and in compliance with the applicable PUD review criteria.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

PUD Districts established through an application for rezoning shall be reviewed and approved under the procedures and review criteria applicable to rezoning applications as specified in Article 15 of this Chapter and in compliance with the applicable PUD review criteria.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

Establishment of a PUD District as an overlay requires approval of a Preliminary PUD Plan and a Final PUD Plan. Preliminary PUD Plans are reviewed and approved by the Planning and Community Development Commission. Final PUD Plans are reviewed and approved by the Planning and Community Development Commission and the Board of Trustees. All applications for Preliminary PUD Plan and Final PUD Plan approval shall follow the core procedure for review of rezonings except for the following modification: The Planning and Community Development Commission shall be the decision-making body on all applications for Preliminary PUD Plan approval, and shall approve, conditionally approve or deny the application based on its compliance with the review criteria stated in this Section. However, the Planning and Community Development Commission may determine by majority vote of the quorum that Board of Trustees action on a particular application is necessary and, in such case, shall make a recommendation on the proposal to the Board of Trustees.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

All applications for Preliminary PUD Plan and Final PUD Plan approval shall demonstrate compliance with the PUD review criteria.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

(a)

An approved Preliminary PUD Plan shall lapse and be of no further force and effect if a complete Final PUD Plan application for the development or a phase of the development has not been submitted within any timeframe established by the Planning and Community Development Commission at the time of Preliminary Plan approval, or, if no timeframe was established by the Planning and Community Development Commission, then within one (1) year. If the PUD Plan lapses, the zoning shall revert to the original underlying zoning.

(b)

In the case of partial Final PUD Plan submission, the approval of the remaining portion of the Preliminary PUD Plan shall automatically gain an extension of one (1) year. If the PUD Plan lapses, the zoning shall revert to the original underlying zoning.

(c)

If the applicant fails to submit a Final PUD Plan within any applicable time period, all proceedings concerning the PUD Plan are terminated and a new Preliminary PUD Plan application is required prior to any development activity.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

The standards contained in Sections 16-4-170 through 16-45-240 below shall apply to all PUD Districts unless otherwise expressly provided.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

In PUD Overlay Districts, allowed uses shall be consistent with the underlying zoning district unless varied through the PUD review process. In all other PUD Districts, allowed uses shall be consistent with comparable zoning districts unless varied through the PUD review process.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

In PUD Overlay Districts, minimum lot size shall be consistent with the underlying zoning district unless varied through the PUD review process. In all other PUD Districts, minimum size shall be consistent with comparable zoning districts unless varied through the PUD review process.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

(a)

Minimum Requirements. Except for PUDs or PUD Overlay Districts located in the neighborhoods identified in the Lyons Comprehensive Plan as the Downtown Commercial Area and East Entry Corridor, all PUD Plans shall provide common open space unless varied through the PUD review process.

(b)

Compliance With Other Open Space Standards. All common open space in the PUD Districts shall comply with the standards stated in this Code (including applicable public park reservation, dedication or in-lieu fee requirements) unless varied through the PUD review process.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

The decision-making body may increase density for any of the following entities:

(1)

Affordable housing.

(2)

Additional land dedicated, improved and developed for pedestrian trails or bikeways; or a pedestrian overpass or underpass.

(3)

Additional common open space and/or landscaped area; additional streetscape landscaping or additional investment in streetscape amenities (lighting, furniture, etc.); additional landscaping used instead of fences for perimeter screening, privacy or buffering purposes; public or common open space improved for active purposes; or xeric landscaping.

(4)

Commercial and residential buildings constructed according to green building standards or with proper solar orientation.

(5)

Mixed-use developments.

(6)

Additional accessible parking spaces for the physically disabled, shared parking in PUD-MU Districts, parking structure or underground parking.

(7)

Additional fire protection techniques, such as sprinkler systems for individual units in a single-family housing development.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

Where appropriate, clustering of dwelling units, commercial uses and industrial uses is strongly encouraged, provided that buffers, common open space and emergency access are adequate. Buffers are required to separate different uses in order to eliminate or minimize potential interference and nuisances on adjacent properties. The size of the buffer shall be determined through the PUD review process, based on its ability to achieve appropriate separation.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

To the maximum extent feasible, the PUD District shall be sited to allow identified significant scenic views across and through the development parcel, as viewed from adjacent public rights-of-way, including trails, and from public open space or parks.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

In PUD Overlay Districts, setbacks shall be consistent with the underlying zoning district unless varied through the PUD review process. In all other PUD Districts, setbacks shall be consistent with comparable zoning districts unless varied through the PUD review process.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

(a)

Circulation and Pedestrian Linkage. All PUD Plans shall comply with the circulation, access and pedestrian linkage standards stated in this Code, and the decision-making body may modify or vary such provisions in any way, provided that adequate compensating mitigation measures are included in the PUD Plan.

(b)

Adequate Public Facilities. All PUD Plans shall comply with the adequate public facilities standards stated in this Code, unless varied through the PUD review process.

(c)

Water Share Requirements. The PUD Plan shall meet the Town's water share requirements for additional water service.

(d)

Design Standards. All PUD Plans shall comply with the applicable residential and nonresidential design standards stated in this Code, unless varied through the PUD review process.

(e)

Signs. Signs are subject to the sign regulations of this Chapter unless varied through the PUD review process.

(f)

Parking. PUD Plans shall be subject to the off-street parking and loading standards of this Code unless varied through the PUD review process.

(g)

Street Standards and Modification. The design of public streets within a PUD District shall comply with all applicable Town standards. Right-of-way, pavement widths and street widths may be reduced through the PUD review process where it is found that:

(1)

The development plan for the PUD District provides for separation of vehicular, pedestrian and bicycle traffic;

(2)

Access for emergency service vehicles is not substantially impaired;

(3)

Adequate off-street and/or on-site parking is provided for the uses proposed; and

(4)

Adequate space for public utilities is provided within the right-of-way.

(h)

All Other Zoning and Development Standards and Modifications.

(1)

Modification allowed. Unless otherwise expressly limited by this Section, the decision-making body may allow modification of all other applicable zoning district, general development and subdivision standards within a PUD District.

(2)

Applicability continues if no waiver. Except where this Article states a specific standard or the decision-making body modifies an otherwise applicable standard, all development in a PUD District shall comply with all applicable standards of this Code.

(i)

Development Assurances. The decision-making body may require adequate assurance, in a form and manner that it approves, that the common open space, amenities and public improvements shown in the Final PUD Plan will be provided and fully developed.

(Prior code 9-2-4; Ord. 956 § 1, 2014)

The following section outlines the processes for amending an approved Planned Unit Development (PUD).

(Ord. No. 1161, § 2, 7-15-2024)

The Town Administrator or designee shall determine whether a submitted PUD amendment is a Major PUD. This determination shall be based on the following criteria:

(1)

Significantly alters the unit density established by the PUD; or

(2)

Significantly alters the commercial or industrial floor area; or

(3)

Modifies a use established by the PUD; or

(4)

Significantly alters the approved phasing plan; or

(5)

Significantly alters the allocation and or arrangement of open space or recreational amenities and or the treatment of environmentally sensitive areas that may exist on the site; or

(6)

Significantly alters the approved architectural concept of the PUD: or

(7)

Significantly alters the layout of the approved project infrastructure: or

(8)

Significantly increases the use of Town utilities; or

(9)

Significant impacts Town policies, codes, or plans.

In determining whether an application for PUD Amendment "significantly" alters the existing PUD the Town Administrator shall consider the following factors:

(1)

Whether the ground coverage for all proposed structures is proposed to be increased by more than fifteen (15) percent and/or approved open space be reduced by more than fifteen (15) percent;

(2)

Whether the floor area for all proposed structures is proposed to be increased by more than fifteen (15) percent and/or the number of dwelling units or bedrooms is proposed by more than fifteen (15) percent;

(3)

Whether building or street locations are to be modified by more than two (2) feet;

(4)

Whether the proposed uses requires additional water, sewer, or electric fees, dedications, and/or taps;

(5)

Whether previous modifications have been granted;

(6)

Whether the intent of the modification is to correct errors in the existing PUD; and

(7)

Any other criteria which reasonably supports the conclusion that the proposed modification substantially alters the existing PUD.

The determination of whether the PUD amendment is a major or minor shall be made and communicated to the applicant within ten (10) days of the pre-application meeting referenced in Section 16-4-270(a). The applicant can appeal this determination to the Board of Trustees.

(Ord. No. 1161, § 2, 7-15-2024)

(1)

Pre-Application Meeting. Per Section 17-10-30, a pre-application meeting shall be held with Town staff to discuss the scope of the proposed amendments.

(2)

Application Submittal. The following application materials are required to be submitted for a major PUD amendment request. Documents that are unchanged from the original or any other subsequent amendment do not have to be resubmitted unless requested by the Town Administrator or designee. The Town Administrator or designee may waive or alter any of the submittal requirements if they are determined to be inappropriate or unnecessary to determine if the application satisfies applicable standards.

a.

A general Land Use Application.

b.

An Ownership and Encumbrance Report (O & E Report).

c.

A current survey of the property, including all boundary lines, natural features, structures, and infrastructure.

d.

Written Narrative. A general description of the amendment(s) being requested including the proposed amendments to the PUD general description, PUD development plan, and/or PUD development agreement.

e.

A redlined version of the previous PUD, showing all proposed amendments. These shall be represented on any plan sets as well.

f.

A written narrative and description of how the proposed PUD amendment(s) comply with the standards of the Town of Lyons Municipal Code and the criteria set forth in Section h, Approval Criteria.

g.

PUD Development Plan. An updated PUD development plan depicting the proposed major amendment(s), as applicable.

h.

PUD Development Agreement. An updated PUD development agreement depicting the proposed major amendment(s), as applicable.

i.

Proof of minimum guaranteed water and sewer supply.

j.

Surrounding and interested property ownership report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

k.

Surrounding and interested property ownership notification envelopes. One (1) set of stamped and addressed envelopes. The envelopes shall have the Town's address as the mailing address and return address, and the envelopes shall be addressed to the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, oil and gas lessees for the property and the appropriate referral agencies. It is the applicant's responsibility to ensure that accurate and complete information is provided.

l.

Additional Requirements. Any other information deemed necessary by the Town Administrator or designee to assist in the review of the application.

(3)

Completeness Review. The Town Administrator or designee shall review the application for completeness in accordance with the provisions of Section Section 17-10-40.

(4)

Evaluation by Staff and Review Agencies. Upon determination of completeness, the Town Administrator or designee shall refer the application to additional reviewing agencies as outlined in Section 17-10-50, and review the application for conformance with the requirements and standards of this Municipal Code.

(5)

Staff Report. A staff report shall be prepared and provided to applicable reviewing bodies.

(6)

Set PCDC Public Hearing and Complete Public Notification Process. The Town Clerk shall send notice of the public hearing to the applicant, all property owners of record within three hundred (300) feet of the property in question, all mineral interest owners of record, oil and gas lessees for the property and the appropriate referral agencies before the PCDC public hearing. The Town Clerk shall also publish notice in the newspaper of record no less than fifteen (15) days prior to the public hearing.

(7)

Review and Recommendation by the Planning and Community Development Commission (PCDC).

a.

The PCDC must deliberate, host a public hearing, and provide a recommendation to the Board of Trustees within forty-five (45) days of the application being deemed complete.

b.

The Planning and Community Development Commission shall review the major PUD amendment application to evaluate compliance with all applicable standards. Following their review of the application, the PCDC shall provide a recommendation to approve, approve with conditions, or deny the application to the Board of Trustees based upon the criteria outlined in Section (h), Approval Criteria.

c.

The PCDC may, in its sole discretion, continue or postpone the public hearing to a specified date and time to permit the preparation of additional information for further review by PCDC before providing a recommendation to the Board of Trustees.

(8)

Set BOT Public Hearing and Complete Public Notification Process. The BOT shall schedule a public hearing for the purpose of taking action on the zoning amendment. The Town Clerk shall publish notice in the newspaper of record at least fifteen (15) days from the date of the hearing.

(9)

Review and Action by the Board of Trustees.

a.

The final decision to approve, approve with conditions or deny a major PUD amendment shall be made by the Board of Trustees and be based upon the review criteria outlined in Section (h), Approval Criteria.

b.

The Board of Trustees may, in its sole discretion, continue or postpone the public hearing to a specified date and time to permit the preparation of additional information for further review by the Board of Trustees before making a final decision.

(10)

Approval Criteria. The following criteria shall be found to be met by the application and supplemental materials for any major PUD amendment application to be approved.

a.

The major PUD amendment is consistent with the efficient development and preservation of the entire PUD;

b.

The major PUD amendment is consistent with the applicable portions of the Comprehensive Plan in effect;

c.

The major PUD amendment does not affect in a substantially adverse manner the enjoyment of land within three hundred (300) feet from the PUD; and

d.

The major PUD amendment protects the public interest.

(Ord. No. 1161, § 2, 7-15-2024)

Minor PUD amendments shall be determined by the Town Administrator or designee and include any modification or amendment to an approved PUD that does not constitute a major PUD amendment.

(Ord. No. 1161, § 2, 7-15-2024)

(1)

Pre-Application Meeting. Per Section 17-10-30, a pre-application meeting shall be held with Town staff to discuss the scope of the proposed amendments.

(2)

Application Submittal. The following application materials are required to be submitted for a minor PUD amendment request. Documents that are unchanged from the original or any other approved subsequent amendment do not have to be resubmitted unless requested by the Town Administrator or designee The Town Administrator or designee may waive or alter any of the submittal requirements if they are determined to be inappropriate or unnecessary to determine if the application satisfies applicable standards.

a.

A general Land Use Application.

b.

An Ownership and Encumbrance Report (0 & E Report).

c.

Written Narrative. A general description of the amendment(s) being requested including the proposed amendments to the PUD general description, PUD development plan, and/or PUD development agreement.

d.

A redlined version of the previous PUD, showing all proposed amendments. These shall be represented on any plan sets as well.

e.

A written narrative and description of how the proposed PUD amendment(s) comply with the standards of the Town of Lyons Municipal Code and the criteria outlined in Section f).

f.

PUD Development Plan. An updated PUD development plan depicting the proposed minor amendment(s), as applicable.

g.

PUD Development Agreement. An updated PUD development agreement depicting the proposed minor amendment(s), as applicable.

h.

Proof of minimum guaranteed water and sewer supply.

i.

Application fee and fee agreement. A nonrefundable deposit is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Utilities Director, Town Administrator and any other Town staff or outside consultants who the Town may wish to employ in addition to notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs more than the application fee according to the fee agreement. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.

j.

Additional Requirements. Any other information deemed necessary by the Town Administrator or designee to assist in the review of the application.

(3)

Completeness Review. The Town Administrator or designee shall review the application for completeness in accordance with the provisions of Section 17-10-40.

(4)

Evaluation by Staff and Review Agencies. Upon determination of completeness, the Town Administrator or designee shall refer the application to additional reviewing agencies as outlined in Section 17-10-50, and review the application for conformance with the requirements and standards of this Municipal Code.

(5)

Review and Action by the Town Administrator or designee.

a.

The final decision to approve, approve with conditions or deny a minor PUD amendment shall be made by the Town Administrator or designee and be based upon the review criteria outlined in Section (f) below.

b.

The Town Administrator or designee may, in their sole discretion, require the preparation of additional information for further review by the Town Administrator or designee before making a final decision.

c.

These decisions shall be reported to the PCDC and the BOT within thirty (30) days.

(6)

Approval Criteria. The following criteria shall be found to be met by the application and supplemental materials for any minor PUD amendment application to be approved:

a.

The minor PUD amendment is consistent with the efficient development and preservation of the entire PUD;

b.

The minor PUD amendment is consistent with the applicable portions of the Comprehensive Plan in effect, in the reasonable judgement of the approver:

c.

The minor PUD amendment does not affect in a substantially adverse manner the enjoyment of land within three hundred (300) feet of the PUD in the reasonable judgement of the approver; and

d.

The minor PUD amendment protects the public interest.

(Ord. No. 1161, § 2, 7-15-2024)

(a)

Intent. The intent of this Section is to create the following overlay district to encourage revitalization in downtown Lyons and to ensure a high degree of compatibility between new and existing uses by restricting the hours of operation, types of uses and outdoor activities based on the uses' proximity to existing residences and the elementary school: Restricted Outdoor Activity (ROA) Overlay District.

(b)

Application. Unless specifically modified by the applicable overlay district, development shall adhere to the base zoning district (existing zoning).

(c)

Restricted Outdoor Activity (ROA) Overlay Standards.

(1)

Permitted uses. In addition to the uses permitted in the underlying zoning district, the following are allowed as permitted principal uses in the ROA Overlay District:

a.

Bed and breakfasts.

b.

Nonprofit artistic or cultural production or performance facilities.

(2)

Prohibited uses.

a.

Retail liquor stores.

b.

Adult-oriented uses.

(3)

Outdoor music is allowed:

Between Memorial Day and Labor Day:

9:00 A.M.—9:00 P.M. Mon.—Sat.;
9:00 A.M.—4:00 P.M. Sun.;

Between Labor Day and Memorial Day:

4:00 P.M.—9:00 P.M. Fri.;
9:00 A.M.—9:00 P.M. Sat.; and
9:00 A.M.—4:00 P.M. Sun.

(4)

A business may apply for four (4) exemptions from the above restrictions. For purposes of this section exemption is defined as one (1) day. Applications shall be made in writing to the Town Administrator. In approving or denying a temporary exemption, consideration shall be given to the effective dates and anticipated impact on adjacent land uses. The Town Administrator shall notify the applicant of approval or denial of the application within seven (7) days of receipt of a complete application. Any application not approved or denied within seven (7) days shall be deemed approved.

(5)

All trash in areas located within the outdoor dining area on the property or on adjacent streets and sidewalks shall be picked up and disposed of immediately after closing.

(Prior code 9-3-4; Ord. 956 §1, 2014)

(Ord. No. 1040, § 3, 12-3-2018)

Editor's note— Sec. 4 of Ord. No. 1040, adopted December 3, 2018, deleted § 16-4-320, which pertained to Limited Outdoor Activity (LOA) Overlay District, and derived from the prior code; and Ord. 956, 2014.

(a)

Intent. The intent of this Section is to create an overlay district to encourage revitalization in downtown Lyons and to ensure a high degree of compatibility between new and existing uses by restricting the hours of operation, types of uses and outdoor activities based on the uses' proximity to existing residences and the elementary school: Open Outdoor Activity (OOA) Overlay District.

(b)

Application. Unless specifically modified by the applicable overlay district, development shall adhere to the base zoning district (existing zoning).

(c)

Open Outdoor Activity (OOA) Overlay Standards.

(1)

Prohibited uses: Adult-oriented uses.

(2)

All trash in areas located within the outdoor dining area on the property or on adjacent streets and sidewalks shall be picked up and disposed of immediately after closing.

(Prior code 9-2-4; Ord. 956 § 1, 2014)