This ordinance shall be officially known as the Aurora Unified Development Ordinance, but is sometimes referred to within this document as “this Code”, “this Ordinance”, or “this UDO”. A copy of the official UDO is available on the Aurora website or in the Aurora Planning Department. (Ord. No. 2019-49 § 1, 08-19-2019)

The purpose of this UDO is to:

The designation –FPO refers to those areas subject to the flood protection provisions in Chapter 70 of the Aurora City Code, and all provisions of Chapter 70 and related provisions of the Aurora City Code shall apply to such lands.

This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not have any obligation to enforce any private covenant or agreement unless it is a party to the covenant or agreement; if the City is a party to the covenant or agreement, enforcement shall be at the discretion of the City. (Ord. No. 2019-49 § 1, 08-19-2019)

The effective date of this UDO shall be September 21, 2019 (the “Effective Date”). (Ord. No. 2019-49 § 1, 08-19-2019)

If a court of competent jurisdiction declares any part of this UDO to be invalid, that ruling shall not affect any other provisions of this UDO not specifically included in that ruling. More specifically, if any development standard, sign regulation, or other requirement of this UDO is declared to be invalid, this UDO shall be interpreted to produce a development approval as close as possible to that which would have occurred if the development standard, sign regulation, or other requirement had not been ruled invalid. (Ord. No. 2019-49 § 1, 08-19-2019)

This Ordinance is adopted pursuant to the Home Rule powers granted to the City by Article XX of the Colorado Constitution, the Aurora Home Rule Charter, and the powers and authority conferred by the laws of the State of Colorado upon all municipal corporations, including without limitation those in C.R.S. Sec. 24-65.1-101 et seq. (Areas and Activities of Statewide Interest), C.R.S. Sec. 29-20-101 et seq. (Local Government Land Use Enabling Act), C.R.S. Sec. 31-23-301 et seq. (Zoning), and C.R.S. Sec. 31-23-101 et seq. (Subdivision), C.R.S. Sec. 29-20-104 et seq. (Impact Fees). (Ord. No. 2019-49 § 1, 08-19-2019)

Authority is granted to the Planning and Zoning Commission for the interpretation and administration of the Subdivision Standards pursuant to the authority granted to the City of Aurora by the Aurora Municipal Charter and according to the powers and authority pursuant to Title 31, Article 23 of the Colorado Revised Statues, as amended and other applicable laws, statutes, ordinances and regulations of the State of Colorado. (Ord. No. 2019-49 § 1, 08-19-2019)

It is the intent of the City to have available all powers of a Home Rule municipality under Colorado law to control land uses, land development, and the impacts of land use and development. (Ord. No. 2019-49 § 1, 08-19-2019)

The City Council of Aurora recognizes that past practices such as redlining and discriminatory lending have led to generational inequity for communities of color and minorities.  It is important to acknowledge the role of the City’s land use regulations in affirmatively helping to address those inequities.  The Unified Development Ordinance (UDO) provides a baseline set of land use and zoning regulations and it is important for the City to complete the Affordable Housing Study to affirmatively address the historic inequities.  It is the intent of the City to develop a comprehensive affordable housing policy to complement the UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

Implement the Comprehensive Plan, as that plan may be amended or replaced from time to time. (Ord. No. 2019-49 § 1, 08-19-2019)

Ensure that all development in the City is consistent with the spirit and intent of any other plans and policies adopted by City Council. (Ord. No. 2019-49 § 1, 08-19-2019)

Promote the creation of safe, unique, interesting, inclusive, and economically vibrant places throughout the City. (Ord. No. 2019-49 § 1, 08-19-2019)

Protect the quality and character of stable residential neighborhoods. (Ord. No. 2019-49 § 1, 08-19-2019)

Promote the economic development and fiscal sustainability of the City. (Ord. No. 2019-49 § 1, 08-19-2019)

Encourage efficient and connected multimodal transportation and circulation systems serving drivers, bicyclists, pedestrians, and transit riders. (Ord. No. 2019-49 § 1, 08-19-2019)

Encourage the conservation and efficient use of water and other natural resources. (Ord. No. 2019-49 § 1, 08-19-2019)

Ensure the provision of adequate public facilities and services for new development and redevelopment. (Ord. No. 2019-49 § 1, 08-19-2019)

Provide for the consistent, predictable, and equitable administration of City land use and development regulations. (Ord. No. 2019-49 § 1, 08-19-2019)

Implement a connected system of parks, trails, and open spaces that promote improved outdoor activity and public health. (Ord. No. 2019-49 § 1, 08-19-2019)

Provide protection from nuisances and hazards. (Ord. No. 2019-49 § 1, 08-19-2019)

Protect the health, safety, and general welfare of the public. (Ord. No. 2019-49 § 1, 08-19-2019)

This Ordinance shall apply to all land within the City, including any land that is annexed into the City after the Effective Date. (Ord. No. 2019-49 § 1, 08-19-2019)

No building or land shall be used or occupied, and no building, structure, or part of a building or structure shall be erected, moved, or altered, and no land shall be subdivided into lots or parcels for development, and no boundaries of an existing subdivided lot shall be modified or consolidated except in conformity with the provisions of this UDO and in conformity with all regulations adopted by the City (including but not limited to the building code, the Aurora Roadway Design and Construction Specifications Manual, the Aurora Parks, Recreation and Open Space Dedication and Development Criteria Manual, the Oil and Gas Rules and Regulations Manual and other planning reference manuals, unless state or federal law or court decisions require that the development be completely or partially exempted from the regulation. (Ord. No. 2019-49 § 1, 08-19-2019)

Projects that involve expansions of existing land uses or buildings, but not the construction of new primary buildings, shall be required to bring the property into compliance with the standards in Sections 146-4.6.7 (Drive-Through Stacking Areas), 146-4.7.5.K (Parking Lot Landscaping), 146-4.8 (Building Design Standards), and 146-4.9 (Exterior Lighting) to the extent required by the “Touch Rule” defined in Section 146-5.4.4). (Ord. No. 2019-49 § 1, 08-19-2019)

The applicability of the Touch Rule shall not relieve any applicant from the requirement to comply with provisions of this UDO not listed in Section 146-1.4.3 or requirements to comply with other applicable regulations, including without limitation adopted Aurora Building Codes or the Americans with Disabilities Act. (Ord. No. 2019-49 § 1, 08-19-2019)

In the interpretation and application of this UDO, all provisions shall be considered as minimum requirements unless specifically stated otherwise; liberally construed in favor of the City; and deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 2019-49 § 1, 08-19-2019)

The interpretation and application of this UDO shall not be construed or interpreted to be inconsistent with the Aurora City Charter or any rules or procedures adopted under Charter authority. (Ord. No. 2020-37 § 1, 10-05-2020)

The standards and regulations in this UDO applicable to specific zone districts or overlay zone districts apply to the areas of the City shown with those zone district or overlay zone district designations on the Official Zoning Map. (Ord. No. 2019-49 § 1, 08-19-2019)

The Official Zoning Map is the latest version of the zoning map as approved or amended by City Council, and is maintained in electronic form by the Planning Department, and is available on the City’s website. (Ord. No. 2019-49 § 1, 08-19-2019)

If two or more of the regulations in this UDO conflict with each other, or conflict with other applicable laws or regulations of the City, or conflict with applicable state or federal law, the stricter provision shall apply, except as noted in Section 146-1.6.2. (Ord. No. 2019-49 § 1, 08-19-2019)

If any regulation contained in Section 2.6, Overlay Districts, conflicts with any other regulation in a different section of this UDO, the provisions of Section 146-2.6 shall apply regardless of whether it is more or less strict than the base zone district, except that in the case of Section 146-2.6.1 (Flood Protection Overlay (-FPO)) the stricter standard, including standards in an existing easement, covenant, or deed restriction, shall prevail. (Ord. No. 2019-49 § 1, 08-19-2019)

If there is a conflict between any regulation of this UDO and adopted state or federal regulations governing the construction of public utility facilities, the provisions of this UDO shall be modified to the minimum extent necessary to allow compliance with such state or federal regulations. (Ord. No. 2019-49 § 1, 08-19-2019)

All references to a standard, regulation, or manual in this UDO refer to the latest edition or version of that standard, regulation, or manual adopted by the City. (Ord. No. 2019-49 § 1, 08-19-2019)

An application for a permit or approval that has been accepted by the Planning Department as complete prior to the Effective Date shall be processed in compliance with the requirements in effect when the application was accepted as complete. Notwithstanding the provisions of Section 146-5.3.15.A (Minor Amendments), minor amendments to applications in this category may also be processed in compliance with the requirements in effect when the application was accepted as complete, but major amendments to applications in this category shall be processed pursuant to Section 146-5.3.15.B (Major Amendments). Major and minor amendments are listed in Section 146-5.3.15 (Amendments of Existing Approvals). (Ord. No. 2019-49 § 1, 08-19-2019)

An application for a permit or approval that has not been accepted by the Planning Department as complete prior to the Effective Date, or that is submitted after the Effective Date, shall be processed in compliance with the requirements of this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

Framework Development Plans approved prior to the Effective Date do not expire, but shall be deemed to be Master Plans approved under this UDO. Permitted land uses, intensities of development, and approved waivers from development standards, and any items included in approved annexation agreements or development agreements with the City, shall continue to be governed by those previously approved plans or agreements, notwithstanding different regulations that would otherwise apply under this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

Contextual Site Plans approved prior to the Effective Date, and that have not expired, shall be deemed to be Site Plans or Final Subdivision Plats approved under this UDO, depending on whether the Contextual Site Plan was approved as a zoning or subdivision action. (Ord. No. 2019-49 § 1, 08-19-2019)

Permits and approvals issued by the City pursuant to the zoning ordinance or subdivision regulations in effect prior to the Effective Date shall lapse or expire as provided in such permit or approval, or in the zoning ordinance or subdivision regulations in effect prior to the Effective Date. If the permit or approval contains no expiration or lapsing date, such permit or approval shall lapse as shown for that type of permit or approval (or for the successor type of permit or approval under this UDO) in Section 146-5.3.14 (Lapsing of Approvals), as if that the permit or approval was issued on the Effective Date. (Ord. No. 2019-49 § 1, 08-19-2019)

Any violation of the City zoning, subdivision, or land development regulations in effect prior to the Effective Date will continue to be a violation under this UDO unless the development or other activity that was a violation of the previous regulations conforms with the requirements and regulations of this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

No provision of this UDO shall operate to modify or invalidate any vested right approved by the City prior to the Effective Date, including but not limited to those approved in a development agreement or other agreement approved by the City and those included on a site-specific development plan approved by the City (based on provisions regarding vested rights and site-specific development plans that applied prior to the Effective Date). (Ord. No. 2019-49 § 1, 08-19-2019)

No provision of this UDO shall operate to modify or invalidate any provision included in an annexation agreement, development agreement, or other agreement between a property owner and the City regarding the development or redevelopment of land, approved by the City prior to the Effective Date. (Ord. No. 2019-49 § 1, 08-19-2019)