Aurora City Zoning Code

ARTICLE 146

5 Zoning and Subdivision Procedures

5.2 Summary Table of Procedures

Table 5.2-1

Summary Table of Procedures

=Notice Required R=Review D= Decision A=Appeal C=Call-up < > = Public Hearing Required

Sec 146-

Notice Required

Meeting Required

Review, Decision, and Appeal Authority

Published

Mailed

Posted

City Website

First Review

Neighborhood

Director

Adjustment and
Appeals

Historic
Preservation

Planning and
Zoning Commission

City Council

Table 5.2-1 Summary Table of Procedures =Notice Required R=Review D= Decision A=Appeal C=Call-up < > = Public Hearing Required
	Sec 146-	Notice Required				Meeting Required	Review, Decision, and Appeal Authority
		Published	Mailed	Posted	City Website	First Review Neighborhood	Director	Adjustment and Appeals	Historic Preservation	Planning and Zoning Commission	City Council
Plan, Ordinance, and Map Changes
Comprehensive Plan Adoption or Amendment	5.4.1.A						R			<R>	<D>
Annexation and Disconnection	5.4.1.B						R				<D>
Ordinance Text Amendment	5.4.1.C						R			<R>	<D>
Zoning Map Amendment	5.4.1.C						R			<R>	<D>
Historic Landmark/District Designations or Loss of Designation	5.4.1.D						R		<R>		<D>
Master Plan	5.4.1.E						R			<D>	<A> <C>
Subdivision of Land
Neighborhood Plan	5.4.2.A.2.a						D				<A> <C>
Final Plat	5.4.2.A.2.b						D				<A> <C>
Vacation of Plat Without Established Streets	5.4.2.B.2						D				<A> <C>
Vacation of Established Street	5.4.2.B.3						R				D
Development Applications
Conditional Use	5.4.3.A						R			<D>	<A> <C>
Site Plan	5.4.3.B						D				<A> <C>
Redevelopment Plan	5.4.3.B.3						D			<A>	<A> <C>
Floodplain Development Permit	5.4.3.C	See Article 70, Aurora City Code
Historic Landmark/District Development Application	5.4.3.D						D		R		<A> <C>
Temporary Use Permit	5.4.3.E						[2]				<A> <C>
Creative Sign Program	5.4.3.F						D				<A> <C>
Sign Permit	5.4.3.G						D				<A> <C>
Fence Permit	5.4.3.H						[3]				<A> <C>
Administrative Activity Center Designation	5.4.3.I						D				<A><C>
Commercial Mineral Designation	5.4.3.J						D				<A><C>
Flexibility and Relief
Hardship Variance	5.4.4.A						R	<D>
Single-Family Dwelling Variance	5.4.4.B						R	<D>
Historic Landmark/District Adjustments	5.4.4.C						R		<R>		D
Major Adjustments	5.4.4.D						R			<D>	<A> <C>
Federal Fair Housing Adjustment	5.4.4.E						D				<A> <C>
Administrative Adjustment	5.4.4.F						D	<A>[4]		<A>[4]	<A> <C>
Notes:
[1] Reserved. [2] Decision is made by City Manager’s Office and City Clerk. [3] Decision is made by Chief Building Official. [4] An appeal of an Administrative Adjustment related to an existing single-family dwelling shall be heard by the Board of Adjustment and Appeals, and thereafter may only be appealed to the courts. An appeal from other types of Administrative Adjustment shall be heard by the Planning and Zoning Commission and may thereafter be heard by City Council.

(Ord. No. 2025-36 §§ 1, 2, 04-07-2025)

5.3 Common Procedures

A. In addition to other fees required by this UDO, applicants for development and redevelopment containing residential land uses are required to pay a capital impact fee in an amount established by the City Council.

B. The City Council action establishing the residential capital impact fee may include provision for the periodic adjustments of those fees based on specified inflation adjustment factors without further action of City Council.

5.4 Specific Procedures

This Section 146-5.4 lists the different types of development applications that may be required to develop or redevelop land in the City, as well as the procedural steps, decision-makers, and approval criteria for each type of application. These provisions supplement – but do not replace – the Common Procedures described in Section 146-5.3 above. On any topic not addressed in this Section 146-5.4, the provisions of Section 146-5.3 will continue to apply; and if there is a conflict between the provisions of this Section 146-5.4 and those of Section 146-5.3 as they relate to a specific type of application, the provisions of this Section 146-5.4 shall apply. (Ord. No. 2019-49 § 1, 08-19-2019)

5.5 Pre-Existing Development and Nonconformities

This Section 146-5.5 addresses treatment of land uses that were legally established before the Effective Date of this UDO, and structures that were legally constructed before the Effective Date of this UDO, but that no longer meet the requirements of this UDO (“Nonconformities”). Land uses established and structures constructed before the Effective Date of this UDO that do not meet the requirements of this UDO, but that were established or constructed without required permits or approvals from the City, are illegal; they are not addressed by this Section 146-5.5, but are violations of the Ordinance subject to the provisions of Section 146-5.6 (Enforcement and Penalties). (Ord. No. 2019-49 § 1, 08-19-2019)

5.1.1. CITY COUNCIL.

The City Council is the governing body of the City and has the following powers related to this UDO:

A. To approve the text of this UDO and amendments to the text of this UDO as described in Section 146-5.4.1.C;

B. To approve the Official Zoning Map and amendments to that map as described in Section 146-5.4.1.C.

C. To approve the designation of a historic district or landmark as described in Section 146-5.4.1.D.2.a or to remove the designation as a landmark, landmark site, or historic district as described in Section 146-5.4.1.D.2.b.

D. To approve annexations of land to the City, and disconnections of land from the City, as described in Section 146-5.4.1.B.

E. To approve the Comprehensive Plan and amendments to the Comprehensive Plan as described in Section 146-5.4.1.A.

F. To hear appeals from decisions of the Director, the Planning and Zoning Commission, or Historic Preservation Commission.

G. To call up decisions for review and decision by the Council as shown in Table 5.2-1 (Summary Table of Procedures) and pursuant to Section 146-5.3.11.

H. To hear applications to create an Improvement Reimbursement District and the assessment of public improvement costs to intervening undeveloped properties pursuant to Section 146-4.3.16.C. (Ord. No. 2019-49 § 1, 08-19-2019)

5.1.2. PLANNING AND ZONING COMMISSION.

1. The Planning and Zoning Commission shall consist of seven members appointed by City Council.

2. All members shall be registered electors for at least one year immediately preceding their appointment.

3. No member shall hold any paid office or position in the City administration.

4. All members shall serve without compensation but shall be paid necessary expenses incurred in the discharge of their official duties and responsibilities, which expense monies shall be established by the City Council.

5. Each member shall be appointed for a term of three years, and may only serve three consecutive terms. However, if a member is appointed to fill a vacancy on the commission, that member may complete the term of the vacancy they were appointed to fill plus an additional three terms of three years each. Members who are term limited may reapply for a position on the Commission, but must wait one full term before reapplying.

6. Terms of office for members shall be staggered so that no more than three members are scheduled to expire in the same calendar year. If due to vacancies or other causes, more than three members’ terms will expire in the same calendar year, the City Clerk may take such action is necessary, including but not limited to extending the terms of members, as necessary to allow no more than three member’s terms to expire in a calendar year.

B. Powers and Duties. The Planning and Zoning Commission has the following powers and duties related to this UDO:

1. To make recommendations to City Council regarding the Comprehensive Plan and proposed amendments to that plan as described in Section 146-5.4.1.A.

2. To make recommendations to City Council regarding the text of this UDO and proposed amendments to the text of this UDO as described in Section 146-5.4.1.C.

3. To make recommendations to City Council regarding the Official Zoning Map and proposed amendments to that map as described in Section 146-5.4.1.C.

4. To make decisions on all those types of applications indicated as a Planning and Zoning Commission decision in Table 5.2-1 (Summary Table of Procedures).

5. To make decisions on oil and gas location applications and appeals pursuant to the criteria set forth in Chapter 135 of the Aurora City Code (Oil and Gas Manual), as amended.

6. To make recommendations to City Council regarding a plan for capital improvements as provided in Section 9-5 of the City Charter.

7. To exercise any additional powers conferred by statute or Charter at the request of City Council. (Ord. No. 2021-15 § 26, 06-14-2021; Ord. No. 2019-49 § 1, 08-19-2019)

5.1.3. BOARD OF ADJUSTMENT AND APPEALS.

1. The Board of Adjustment and Appeals shall consist of seven members appointed by City Council.

2. All members shall be registered electors for at least one year immediately preceding their appointment.

3. No member shall hold any paid office or position in the City administration.

1. The Board of Adjustment and Appeals has the following powers and duties.

a. To make decisions regarding whether to grant a Hardship Variance from the requirements of this UDO as described in Section 146-5.4.4.A. A Hardship Variance is required when the requested deviation from the requirements of this UDO cannot be approved as a Single-family Dwelling Variance, an Administrative Adjustment, a Major Adjustment, or a Fair Housing Adjustment.

b. To make decisions regarding whether to grant a Single-family Dwelling Variance from the requirements of this UDO as described in Section 146-5.4.4.B. A Single-family Dwelling Variance is required when the requested deviation from the requirements of this UDO affect only one existing single-family dwelling that has been issued a certificate of occupancy, and the requested deviation cannot be approved as an Administrative Adjustment or a Fair Housing Adjustment.

c. To hear appeals of the Director’s decision on an Administrative Adjustment concerning a deviation from the requirements of this UDO for a single-family dwelling.

d. To make decisions or requests for variances or appeals for matters arising from the enforcement of provisions of Article XV of Chapter 22, Chapter 90, and the City’s noise regulations.

e. To compel persons to attend and to give relevant testimony, to compel the elicitation of evidence among evidence already produced, and to compel the production of relevant evidence by subpoena upon application by the appellant, by the administrative officer whose action is being appealed, either of whom shall be referred to in this article as a party, or by the City Attorney, who shall supply their own subpoena.

i. Reasonable witness fees shall be paid to a nonparty by the party requesting attendance of the witness under subpoena upon timely demand by the witness.

ii. All expenses involved in producing evidence shall be paid by the party requesting such evidence.

iii. The chairperson or in their absence the vice-chairperson may administer oaths and accept affirmations.

iv. Upon failure by a party or person to comply with such subpoena or to give relevant testimony while under or while not under subpoena or to produce relevant evidence, while under subpoena, the Board of Adjustment and Appeals may, in its discretion, render decision against the party or against the party on whose behalf the person so refusing was called.

f. To exercise any additional powers conferred by statute or Charter at the request of City Council.

2. The Board of Adjustment and Appeals does not have the power or authority to authorize any variance that would allow a land use that is not listed as a permitted, conditional, accessory, or temporary use to be created in a district where it is not listed as such a use in Table 3.2-1, or to continue in operation longer than it would otherwise be permitted under the provisions of this UDO. (Ord. No. 2020-37 § 28, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

5.1.4. HISTORIC PRESERVATION COMMISSION.

The Historic Preservation Commission is appointed by City Council and has the following powers related to this UDO.

A. To make recommendations to City Council regarding the text of Section 146-2.6.5 (Historic Protection Overlay (-HPO)) and amendments to the text of that Section.

B. To make recommendations to City Council regarding the designation of landmarks, landmark sites, and historic districts, and for the approval of adjustments to the provisions of this UDO related to those properties, as described in Section 146-5.4.1.D.2.a, and for removal from designation as a landmark, landmark site, or historic district as described in Section 146-5.4.1.D.2.b.

C. To make recommendations to the Planning Director on development applications for historic landmarks, landmark sites, or historic districts as described in Section 146-5.4.3.D. (Ord. No. 2019-49 § 1, 08-19-2019)

5.1.5. PLANNING DIRECTOR.

A. The Planning Director shall be responsible for the administration of this UDO, and is vested with the power necessary for such administration. The Director shall have the authority to interpret the provisions of this UDO, including the features shown on the zoning map, based on definitions in this UDO and other regulations adopted by the City, planning and engineering best practices, appropriate legal context, and commonly used definitions of the English language.

B. Without limiting the authority granted in Subsection A above, the Planning Director shall have the authority pursuant to Section 2-3 of the Aurora City Code to adopt rules and regulations governing project design, development, and review and approval procedures that are not inconsistent with this UDO.

C. The Planning Director shall have the authority to establish application submittal requirements and related data, study, and information requirements necessary for a complete application for each type of permit or approval described in this Article 146-5, and to waive listed application submittal requirements if the Director determines that a proposed development will create no citywide or neighborhood impacts that relate to those listed submittal requirements.

D. The Planning Director may refer a decision to the Planning and Zoning Commission pursuant to Section 146-5.3.10 (Referral to Planning and Zoning Commission).

E. In addition, the Planning Director shall have the authority to make each of those decisions shown as a decision of the Director in Table 5.2-1 (Summary Table of Procedures). (Ord. No. 2019-49 § 1, 08-19-2019)

5.1.6. FLOODPLAIN ADMINISTRATOR.

The duties and authority of the Floodplain Administrator are described in Article 70 of the Aurora City Code. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.1. FIRST REVIEW NEIGHBORHOOD MEETING.

A. The purpose of the First Review Neighborhood Meeting is to allow residents, businesses and organizations in the area surrounding a proposed development project an early opportunity to learn about the proposed land uses, size, height, and layout of the project, and to give potential applicants an opportunity to hear the residents’, business’ and organizations’ comments and concerns about the potential development after the first review comments have been received.

B. When an application under this UDO is received, notice shall be sent by mail or electronically to those registered neighborhood groups that have boundaries within one mile of the proposed project site and to property owners abutting the proposed project site. The notice shall include a project description and a conceptual sketch. City staff shall provide a template for the project description and conceptual sketch.

C. A First Review Neighborhood Meeting is required for those types of applications indicated in Table 146-5.2-1, if:

1. A registered neighborhood group requests a meeting; or

2. The City has received significant comments regarding as determined by the Planning Director; or

3. The Planning Director determines that the application raises potential controversy or potential unanticipated impacts on the surrounding area.

D. When a First Review Neighborhood Meeting is required pursuant to Subsection C above:

1. The meeting shall be scheduled at least 14 days after the date on which the City sends notice that the application has been received; and

2. Only one meeting is required to be conducted, unless the Planning Director requires one or more additional meetings; but

3. The applicant may conduct additional meetings beyond those required by the City, at the applicant’s option.

E. At any required First Review Neighborhood Meeting, the applicant shall present information about the general land uses proposed to be included in the application, the proposed size, height, and location of any structures to be constructed, and concept-level information about the proposed site including multimodal connectivity, traffic flow, site layout, and building design. Detailed engineering is not required. The material presented shall be adequate to describe the proposed project features listed above without the need for the applicant to have retained project design architects, engineers, or consultants before the meeting is conducted.

F. For any required First Review Neighborhood Meeting, the applicant shall submit proof of notification mailing; a summary of the meeting, including the date, time, and place of the meeting; a list of meeting attendees; any drawings, illustrations, or written information about the project presented at the meeting; topics discussed at the meeting, any areas of neighborhood concern, and any changes to the application to be made by the applicant in response to neighborhood concerns. Any meeting attendee, or any registered neighborhood organization whose boundaries include the proposed project site may also submit a summary of the meeting, and that summary shall be included in any Department, Planning and Zoning Commission, or City Council review of the application.

G. If a First Review Neighborhood Meeting is required, and subsequent application submittals show that the proposed development is larger, taller, contains significantly reduced multimodal connectivity, or contains significantly different land uses than those presented at the neighborhood meeting, the Planning Director may require that an additional neighborhood meeting be held before the application is reviewed. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.2. WHO CAN FILE AN APPLICATION.

Unless otherwise expressly stated in this UDO:

A. An application for any type of application listed in Section 146-5.4 (Specific Procedures) other than those listed in Subsections B, C, D, E, or F below may be filed by:

1. The property owner (if one owner);

2. Petition of all the owners of the property (if multiple owners);

3. Such property owners' authorized agents;

4. The City Council; or

5. An entity with the authority to exercise the power of eminent domain; provided, however, that the approval of the subdivision plat shall not be effective until the entity has acquired an interest in the real property that is the subject of the application.

B. An application for designation of a historic district, historic site, or historic landmark, or for removal of designation as a historic district, historic site, or historic landmark (See Section 146-5.4.1.D), may be filed by a Historic Preservation Commission member, the owner of the property, or any City Council member.

C. An application for a change to the Official Zoning Map (See Section 146-5.4.1.C) may be filed by the owner of the land proposed to be rezoned, the Planning Director, or City Council.

D. An application for an amendment to the text of this UDO (See Section 146-5.4.1.C) may be filed by the Planning Director, the Planning and Zoning Commission, or City Council.

E. An application for an amendment to the Comprehensive Plan (See Section 146-5.4.1.A) may be filed by the Planning and Zoning Commission or City Council.

F. An application for annexation of property to the City, or for disconnection of property from the City (See Section 146-5.4.1.B) may be filed by the owner(s) of the property. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.3. APPLICATION MATERIALS.

A. An application for each type of development application or approval included in this Article 146-5 shall be filed with the Department within 180 calendar days after any pre-application technical meeting and/or First Review Neighborhood Meeting has been held.

B. Each application shall include all forms and information required by the City for that type of application as indicated below:

1. Required application materials are available at the Planning Department or on the City’s website, as those lists may be updated by the Planning Department from time to time.

2. If an application requires more than one type of development application or approval listed in this Article 146-5, a single application addressing all required permits and approvals shall be filed, except that a building permit or a certificate of occupancy may not be combined with another type of application under this Article 146-5.

3. If the proposal is for a project to be developed in phases the application shall be for all permits and approvals required for that phase of the project.

C. Each development application for any development that benefits from a Special District organized pursuant to and in accordance with Title 32, Article 1, or Title 31, Article 25, C.R.S, and chapter 122 of the Aurora City Code shall include a public art plan. The public art plan shall provide for the acquisition of exterior works of art in compliance with the rules and regulations promulgated by the director of library, recreation, and cultural services. Nothing in this Subsection shall apply to any development located within a Title 32 Special District, where the district is obligated by virtue of the district service plan or an intergovernmental agreement with the City to provide for public art. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.4. PAYMENT OF FEES.

1. Each applicant shall pay the application fee for that type of application(s) established by the City Council.

2. Each fee shall be based on the estimated City time required to review and process the application, as well as any costs of required public notification required for that type of application. For large, complex, or unusual applications, or where this UDO authorizes the Planning Department to retain outside assistance to review an application, the Planning Director may require that the filing fee accompanied by a signed agreement by the applicant to pay additional fees in the amount of those additional costs.

3. The City Manager may waive all or a portion of an application fee when the City Manager determines that such waiver will promote the public interest or will promote the public health, safety, and welfare of the City.

4. No fee shall be required for an application filed by the Planning Director, the Planning and Zoning Commission, or City Council.

1. Each applicant shall pay all other fees for that type of application(s) established by the City Council.

2. When a change of building or property use results in a new use that would be subject to payment of such fees if the project were a new development project, the Planning Director may impose such fees on the change of building or property use to the extent needed to offset the impact of that change of use on City or public facilities or services. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.5. APPLICATION COMPLETENESS.

A. On receiving a development application, the Planning Director shall determine whether the application is complete. A complete application is one that contains all information and materials required by Planning Department and this UDO, by other City requirements, or to confirm compliance with previously approved development conditions for the property, for submittal of the particular development application, has sufficient detail and readability to evaluate the application for compliance with applicable review standards of this UDO, and is accompanied by the fee established for the particular development application.

B. On determining that the development application is incomplete, the Planning Director shall notify the applicant of the submittal deficiencies within 10 calendar days of receiving the application. The applicant may correct the deficiencies and resubmit the application for a determination of completeness until the Director determines the application is complete. No development application shall be reviewed for compliance with this UDO or scheduled for a public hearing by any review or advisory body until it is determined to be complete.

C. On determining that the application is complete, the Planning Director shall accept the application for review in accordance with the procedures and standards of this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.6. SIMULTANEOUS REVIEW AND APPROVAL.

Where a proposed development requires more than one of the types of development approvals or permits required by this UDO, all of the applications can be processed simultaneously, but none of the required permits or approvals shall be considered final until the last of the related permits or approvals has been approved. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.7. NOTICE.

Printed, published, mailed, and website notice for different types of development applications submitted under this UDO shall be required as shown in Table 5.2-1 (Summary Table of Procedures), and shall comply with the standards below at least 10 calendar days before the hearing or decision.

1. Notice of the time, date, and place of any public hearing before the Planning and Zoning Commission or City Council or approval by the Planning Director shall be mailed to the individuals and organizations listed in subsection (A)(3) of this section at least 10 calendar days prior to the public hearing.

2. Notice of the receipt of an application shall be mailed to the individuals and organizations listed in subsection (A)(3) of this section within 10 days after receipt of the application.

3. The individuals and organizations to be mailed notice when required by Subsections 1 or 2 above include:

a. The owner of the property affected;

b. All owners of property abutting the property that is the subject of the application; and

c. Each registered neighborhood group whose boundaries include or are located within one mile of the property affected.

B. Published Notice. Notice of the time, date, and place of the public hearing on a development application before the Planning and Zoning Commission or City Council shall be published in a newspaper of general circulation within the City at least 10 calendar days prior to such hearing.

C. Posted Notice. Development applications requiring a public hearing shall be posted at a point clearly visible from a public right-of-way for at least 10 calendar days prior to the public hearing before the Planning and Zoning Commission and the City Council. The posted notices shall be of a number, size, and location as prescribed by the Planning Director and shall indicate the type of development applications proposed, the date, time, and place of the hearing. Posted notices may be furnished by the City. Posted notice signs shall be removed seven calendar days after the public hearing was held.

D. Notices for Creation of a Vested Right. Notices required for creation of a vested right are listed in Section 146-5.3.16 (Vested Rights), and are in addition to any other notices required under this UDO.

E. Notices for Reimbursement for Extension of Public Improvements. For a hearing under Section 146-4.3.16 (Responsibility for Improvement Costs), the required notice shall include:

1. The date, time, and location of the hearing;

2. A description of the public improvement or improvements and their proposed cost;

3. The share of the costs to be assessed each intervening parcel of land,

4. A statement that, at the time the intervening parcel of land abutting such improvement or improvements is developed and access thereto is accomplished, the City shall impose and collect an assessment per foot of property frontage from the owner of such parcel;

5. A statement that any objection may be made in writing prior to the date of the hearing and will be determined by the City Council at the hearing before final action is taken regarding the creation of the district and the assessment of public improvement costs to intervening undeveloped properties; and

6. A statement that the complete application submitted by the subdivider and all supporting documentation are on file and can be seen and examined by any interested person at the office of the City Clerk, or other designated place, at any time prior to the hearing.

1. Written notice of the filing of a plat vacation application shall be mailed to all property owners within the subject subdivision and all property owners whose property abuts the subject subdivision at least 10 calendar days before a Planning Director decision on the application. Ownership information shall be obtained from the county assessor's office.

2. Written notice of the filing of an application to vacate an established street shall be mailed to all property owners whose property abuts the subject right-of-way at least 10 calendar days before City Council action on the application. Ownership information shall be obtained from the county assessor's office. (Ord. No. 2020-37 § 29, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

5.3.8. PUBLIC HEARINGS.

A. Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public hearing on all development applications that are required to come before it. The Commission shall apply the criteria for review and approval as stated in this UDO when considering an application. At the conclusion of a public hearing, the Commission shall approve the application as presented, approve with conditions, deny the application, or make a recommendation to City Council, or may defer the matter at the request of the applicant. The Commission may postpone action on an item for one meeting on its own initiative to allow for the receipt of additional information. The Commission’s decision becomes effective after the second City Council meeting following the notice of the Commission’s decision on the application to City Council.

B. Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall conduct a public hearing on all development applications that are required to come before it. The Commission shall apply the criteria for review and approval as stated in this UDO when considering an application. At the conclusion of a public hearing, or within a reasonable time thereafter, the Commission shall approve the application as presented, approve with conditions, or deny the application. The decision of the Board is final and effective immediately unless an appeal to District Court is filed. The decision may not be appealed to City Council.

C. City Council. The City Council shall conduct a public hearing on those types of applications where Table 5.2-1 indicates that a public hearing will be held. In addition, City Council shall hear appeals of decisions pursuant to Section 146-5.3.13 for those types of applications where Table 5.2-1 identifies City Council as the appeal body. At the conclusion of the hearing, the City Council shall approve the application, approve with conditions, or deny the application. The City Council may defer its decision to obtain additional information, or it may remand the application to the department or body that made an earlier decision on the application for further consideration. (Ord. No. 2020-37 § 30, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

5.3.9. CRITERIA FOR REVIEW AND DECISION.

A. Where this UDO does not list additional or more specific criteria for the review and approval of applications, the application may be approved if the decision-maker determines that the application complies with all applicable standards in this UDO, other adopted City regulations, any approved Master Plan that includes the property, the Comprehensive Plan, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property.

B. Where Section 146-5.4 of this UDO lists specific criteria for the approval of an application, the decision-maker identified in Table 146-5.2-1 may only approve the application if it finds that those criteria have been met.

C. In addition to any criteria listed for approval listed in Section 146-5.4 of this UDO, any permit or approval under this UDO may denied to an applicant who:

1. Has not complied with all relevant statutory, charter, and ordinance requirements.

2. Has failed to pay all fees, charges, taxes, special assessments, and other debts or obligations that are due from the applicant and payable to the City regarding any matter.

3. Is not in compliance with representations made at public hearing or conditions regarding previous City approvals that have been granted to the applicant for any matter.

D. The City is authorized to consider the past performance of the applicant in complying with City laws, regulations, and approvals. The Planning and Zoning Commission may deny, or recommend denial, of an application based on past performance of the applicant, and City Council may deny an application based on past performance of the applicant. Examples of past performance that may justify conditioning or denials of applications include but are not limited to:

1. Evidence of false or misleading statements in application materials or public hearings;

2. Evidence of bad faith in interactions with the public, property owners, stakeholders, or City staff or appointed or elected officials;

3. Evidence of failure to construct projects previously approved by the City in accordance with the terms and conditions of approval;

4. Noncompliance with all relevant statutory, charter, and ordinance requirements; or

5. Failure to pay all fees, charges, taxes, special assessments, and other debts or obligations that are due from the applicant and payable to the City regarding any matter.

E. The Planning Director and other administrative officials of the City are authorized to withhold permits and approvals under this UDO and to withhold building permits on any project when the Director has determined that the applicant or developer is in violation of any requirement, condition, or representations made at a public hearing relating to a previous development.

F. The Director of Public Works is authorized to withhold building permits on any project when the Planning Director has determined that the applicant or developer thereof is in violation of any requirement, condition, or representations made at a public hearing relating to a previous development. The Director of Public Works shall not release building permits until the Planning Director is satisfied that the applicant has provided sufficient safeguards to assure compliance with City requirements within a reasonable time after the City approval. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.10. REFERRAL TO PLANNING AND ZONING COMMISSION.

If Table 146-5.2-1 (Summary Table of Procedures) authorizes the Planning Director to make a decision, and the Director determines that the application is unusually complex or raises potentially unique or serious impacts on the City or the surrounding neighborhoods, the Director may, at their discretion, refer the decision to the Planning and Zoning Commission for decision pursuant to the same criteria that the Director would have been required to apply to that decision. (Ord. No. 2020-37 § 31, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

5.3.11. CALL-UPS.

Prior to the effective date of any decision that is allowed to be heard by City Council, as listed within Table 5.2-1, any member of the City Council may move to call up the development application for consideration.

A. If the motion passes, the application shall be brought before the City Council as soon as practicable following the date on which the decision was made for review and consideration in accordance with the criteria provided in this UDO.

B. The City Council shall have the authority to approve, approve with conditions, modify, or reverse the decision of the Planning Director or Planning and Zoning Commission. The City Council may also remand the application back to the Commission with direction for further consideration. (Ord. No. 2020-37 § 32, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

5.3.12. CONDITIONS ON APPROVAL.

A. If Table 5.2-1 (Summary Table of Procedures) authorizes the Planning Director to make a decision on an application, the Director may impose conditions necessary to bring the application into compliance with the requirements of this UDO or other adopted City regulations.

B. If Table 5.2-1 (Summary Table of Procedures) authorizes the Planning and Zoning Commission, Historic Preservation Commission, or City Council to make a decision on an application, the decision-maker may impose conditions on the approval necessary to bring the application into compliance with the requirements of this UDO, other adopted City regulations, or the specific review criteria for that type of application; provided, that:

1. All conditions shall be reasonably related to the anticipated impacts of the proposed development or land use and to the purposes of this UDO; and

2. Where mitigation of the impacts of a proposed plan or development requires an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants, any condition imposed shall include an individualized determination and shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.

C. If Table 5.2-1 (Summary Table of Procedures) authorizes the Board of Adjustment and Appeals to make a decision on an application, the Board of Adjustment and Appeals may impose conditions necessary to address the specific review criteria for that type of decision; provided, that:

1. All conditions shall be reasonably related to the anticipated impacts of the proposed development or land use and to the purposes of this UDO; and

D. Any conditions shall be listed in or attached to the approval document, and violation of any approved condition shall be a violation of this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.13. APPEALS.

1. Unless otherwise specified by this UDO, any administratively approved development application, interpretation, or decision of the Planning Director concerning the administration of this UDO, or any decision of the Planning and Zoning Commission or the Historic Preservation Commission may be appealed to City Council. Appeals may be submitted by an affected applicant or by the owner of a property that is adjacent to the property that was the subject of the application. The notice of appeal must be filed with the City Manager within 10 calendar days after the decision, and shall specifically state the Section or the City regulation that has not been applied correctly.

2. If an appeal is filed under Subsection 1 above, the City Council shall schedule a public hearing according to the procedures described in Section 146-5.3.8 (Public Hearings). The City Council shall review the appeal based on the standards and criteria in this UDO and the record of decision and shall act to uphold, modify, or overturn the decision as necessary to bring the decision into compliance with the standards and criteria of this UDO.

3. In the case of an appeal of a decision on a sign permit, the City Council shall decide the appeal within 30 calendar days after receiving the appeal, or as soon thereafter as reasonably possible.

1. A decision of the Planning Director on an Administrative Adjustment concerning an existing single-family dwelling that has received a certificate of occupancy and/or the lot on which it is located may be appealed to the Board of Adjustment and Appeals.

2. A decision by the Planning Director or other administrative official of the City under Chapter 90 may be appealed to the Board of Adjustment and Appeals.

3. The Board of Adjustment and Appeals hereby delegates any authority it may have to hear appeals of a decision by an administrative official of the City regarding the issuance, denial, or conditions on a building permit to the Board of Appeals referenced in Section 22-3 of the City Code. If the Board of Appeals referenced in Section 22-3 ever ceases to exist and is not replaced by another body to hear appeals of decisions regarding building permits, the Board of Adjustment and Appeals may hear such appeals.

4. The Board shall schedule a public hearing according to the procedures described in Section 146-5.3.8. The Board shall review the appeal based on the standards in Section 146-5.4.4.B.3 and shall act to uphold, modify, or overturn the decision as necessary to bring the decision into compliance with the standards and criteria of this UDO.

5. The filing of an application under Subsection B.1 or B.2 above shall stay the action of the administrative official appealed from until the Board of Adjustment and Appeals renders its first decision, except that the action of the administrative official shall not be stayed in cases of imminent hazard to life, limb or public safety or health as provided elsewhere in this UDO.

6. The Board’s decision under Subsection 4 above may not be appealed to City Council, but may be appealed to a court of competent jurisdiction. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.14. LAPSING OF APPROVALS.

A. Running With the Land. Unless otherwise stated for a specific type of permit, approval, or decision under this UDO, or unless otherwise stated on the permit or approval document, permits and approvals issued under this UDO run with the land and are not affected by changes in ownership or the form of ownership of the property.

B. Period of Validity. Each permit or approval approved or approved with conditions under this UDO and not vested for a different period pursuant to Section 146-5.3.16 (Vested Rights) shall be valid for the periods of time shown in Table 5.3-1 below, and shall become of no force or effect after that period unless extended pursuant to Section 146-5.3.14.C (Extensions of Period of Validity).

Table 5.3-1 Permit and Approval Lapsing Table
Type of Approval	Period of Validity
Plan, Ordinance, and Map Changes
Comprehensive Plan Adoption or Amendments	Do not lapse
Annexation and Disconnection
Ordinance Text Amendments
Zoning Map Amendments
Historic Landmark/District Designations or Loss of Designation
Master Plan
Subdivision of Land
Neighborhood Plan	Does not lapse, unless inactive for a period of more than 3 years
Subdivision Final Plat (unrecorded)	1 year
Subdivision Final Plat (recorded)	Does not lapse
Vacation of Plat without Established Streets	Does not lapse
Vacation of Established Street	Does not lapse
Development Applications
Conditional Use	Conditional use in existing structure: 1 year from date of approval, unless a certificate of occupancy is issued within that time. Conditional use in new building: 3 years from date of approval, unless a certificate of occupancy is issued within that time
Site Plan	5 years, unless a building permit for the primary building is issued within that time
Floodplain Development Permit
Historic Landmark/District Development Application	1 year, unless development consistent with the approval is begun within that time
Temporary Use Permit	As stated in approved permit
Creative Sign Program	1 year, unless at least one sign consistent with the approval is begun within that time
Sign Permit or Fence Permit	1 year, unless development consistent with the approval is begun within that time
Administrative Activity Center Designation	Do not lapse
Commercial Mineral Designation	Do not lapse
Flexibility and Relief
Hardship Variance	1 year, unless development consistent with the approval is begun within that time
Single-family Dwelling Variance
Historic Landmark/District Adjustments
Major Adjustments
Administrative Adjustment
Federal Fair Housing Adjustment	Do not lapse

Note: One or more of the approvals listed above may result in the creation of a vested right pursuant to Section 146-5.3.16. Lapsing and extension of a vested right are addressed in Section 146-5.3.16.

1. For each permit or approval for which Table 5.3-1 (Permit and Approval Lapsing Table) shows a lapsing period, except for those for which the Board of Adjustment and Appeals is the deciding body, the Planning Director may approve one extension of validity for a time not to exceed one year for that permit or approval for good cause shown; provided, that the applicant or property owner files with the Planning Director a written request for the time extension before the expiration of the original permit or approval. Following such one year extension, the Planning and Zoning Commission may approve one additional extension of validity for a time not to exceed two years for good case shown; provided, that the applicant or property owner files with the Planning Director a written request for time extension before the expiration of the initial extension granted by the Director. The Planning and Zoning Commission may condition the approval of an extension upon the applicant’s compliance with the standards in this UDO or in other adopted City regulations in effect at the time of extension request, unless the application of those standards is prevented by a valid Vested Right approved by the City pursuant to Section 146-5.3.16.

2. For each permit or approval for which Table 5.3-1shows a lapsing period and for which the Board of Adjustment and Appeals is the deciding body, any extension of the period of validity requires a separate action by the Board of Adjustment and Appeals. (Ord. No. 2025-36 § 3, 04-07-2025; Ord. No. 2019-49 § 1, 08-19-2019)

5.3.15. AMENDMENTS OF EXISTING APPROVALS.

After the City has approved a permit or approval pursuant to this Article 146-5, the permit or approval may be amended as described in this Section 146-5.3.15. An application for an amendment to a permit or approval requests a change that complies with the terms of this UDO without a deviation from any Use-specific standard (See Section 146-0) or Development Standard (See Article 146-4) applicable to the development. If the applicant is requesting approval of a deviation from the standards of Section 146-0 or Article 146-4 applicable to the proposed development, an application under Section 146-5.4.4 (Flexibility and Relief Procedures) will be required.

A. Minor Amendments. Minor amendments to a permit or approval issued under this UDO may be approved by the Planning Director provided that the Director determines that the following criteria have been met.

1. The amendment does not approve any land use that was not authorized by the permit or approval or that was not already permitted by right on the property;

2. The amendment does not decrease the total amount of common outdoor area in the development, and does not reduce the size of any common outdoor area adjacent to abutting property containing residential dwelling units.

3. The amendment does not increase the maximum number of residential dwelling units in the development or the gross square footage of non-residential uses in the development.

4. The amendment does not reduce any building setback adjacent to development containing residential uses by any amount, and does not reduce any building setback adjacent to development containing only non-residential uses by more than 10 percent (cumulative of any earlier amendments);

5. The amendment does not change any other development standard by more than 15 percent in Subarea A and 10 percent in Subareas B and C (cumulative of any earlier amendments).

6. The amendment does not adjust any development standard where this UDO expressly prohibits adjustment of such standard.

7. The amendment does not increase the amount of traffic generated by the development that received access to the Site Plan property from local streets, and does not increase or decrease the number of through streets, sidewalks, trails, trail connections passing through the Site Plan or connecting to or designed to connect to abutting properties.

8. The amendment does not result in substantial variation of any building design standard applicable to any building in the development, unless the Planning Director determines that alternative building design elements included in the amendment improve the perception of building quality, variety, durability, and articulation when viewed from adjacent streets and abutting properties.

9. The amendment does not reduce the amount of total landscaping installed on the property or the amount of screening or buffering required on portions of the site abutting any property containing residential dwelling units, and does not result in substantial variation of any other landscaping or buffering requirement unless the Planning Director determines that alternative building design elements included in the amendment improve the visual quality and screening and buffering effect of landscaping as viewed from adjacent streets and public areas, or that removal of landscaping is necessary to protect the health, safety, and welfare of the City and/or to achieve other community or neighborhood objectives.

10. The amendment does not change any development standard, condition, or requirement specifically attached to a development approval by the Planning and Zoning Commission or City Council.

11. The amendment is not inconsistent with any terms or conditions included in the permit or approval to protect the character or scale of any residential area within which, or near which, the development is located.

12. The Planning Director shall post a notice of the approved adjustment on the City’s website within five calendar days after making that decision.

B. Major Amendments. All amendments to permits or approvals that do not qualify as Minor Amendments under Section 5.3.15.A above may only be approved by the City official, Board, Commission or City Council that issued the permit or approval, following the same procedure (including the payment of a new application fee, new process of staff referral, and any required public notice or public hearing) used to issue the original permit or approval. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.16. VESTED RIGHTS.

A. Eligibility for a Vested Right. A vested property right shall be deemed established with respect to any property upon the approval or conditional approval of a site-specific development plan. However, applicants must request vesting in writing at the time of site-specific development plan application. A vested property right shall attach to and run with the applicable property. It shall confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific development plan. Site-specific development plans include the following application types:

1. Site Plan(s);

2. Final plat.

1. The Planning and Zoning Commission or City Council may approve vesting of a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such approval or conditional approval shall result in a vested property right, although failure to abide by such terms and conditions shall result in a forfeiture of vested property rights. Zoning shall not result in the creation of vested property rights.

2. If a development application for a site-specific development plan does not require a public hearing by the Planning and Zoning Commission or City Council, the Planning Director may approve vesting or a site-specific development plan after a public meeting upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such approval or conditional approval shall result in a vested property right, although failure to abide by such terms and conditions shall result in a forfeiture of vested property rights. The vested property right shall be deemed established with respect to the property upon the Director's approval following notice and an administrative public hearing conducted by the Director. Notice of such hearing shall be published one time at least 10 calendar days prior to the hearing.

C. Notice. Not later than 14 calendar days following approval of a site-specific development plan, a notice advising the public of such approval and creation of a vested property right shall be published in the newspaper designated for published notices required by 5.3.8.C. Such notice shall include the name of the plan, address of the project, and date of approval by the Planning Director, Planning and Zoning Commission, or City Council.

1. A property right that has been vested as provided in this Section 146-5.3.16 shall remain vested for a period of five years. If no building permit is issued within five years, the site-specific development plan shall be terminated. The affected landowner may request an extension of the site-specific development plan for up to five years, for a total of 10 years from the date of approval. Such an extension, if granted, shall not create a vested property right. The procedure for an extension is provided below.

2. The affected landowner may request in writing an extension of a site-specific development plan at least 30 calendar before the termination date. Upon receipt of the request, the provisions of Section 146-5.3.14.C (Extensions of Period of Validity) shall apply. An extension of a site-specific development plan shall not automatically extend the vested right associated with that plan. The procedure for extending a vested right is provided in Subsection 3 below.

3. The Planning Director may grant an extension to a vested right if the Director determines that:

a. There is no conflict with this UDO, or that any conflict will be corrected by an amendment to the plan, which shall be presented with the request for extension.

b. The applicant has demonstrated that the Site Plan continues to be compatible with adjacent properties and the surrounding area, or that compatibility may be established by an amendment to the plan, which shall be presented with the request for extension.

c. The applicant has demonstrated that the Site Plan is consistent with the Comprehensive Plan. The applicant has demonstrated the Site Plan is consistent with the regulations, plans, and policies adopted by City Council since the Site Plan was approved.

E. Subsequent Reviews and Approvals. Following approval or conditional approval of a site-specific development plan, nothing in this Section 146-5.3.16 shall exempt such a plan or plat from subsequent reviews and approvals. These reviews and approvals include but are not limited to construction drawings, drainage plans, building permit, and certificate of occupancy to ensure compliance with the terms and conditions of the original approval. Such reviews and approvals shall not be inconsistent with the original approval.

F. Amendments. A minor amendment to the site-specific development plan for which a vested right has been obtained shall not re-start the five year period of the vested right; the vesting period shall be measured from the date the original vested right became effective. A major amendment to the site specific development for which a vested right has been obtained shall re-start the five year vesting period as of the date the major amendment is approved.

G. General Ordinances and Regulations. The establishment of a vested property right shall not preclude the application of ordinances or regulations that are general in nature and are applicable to all property. Such ordinances and regulations include but are not limited to building, fire, plumbing, electrical, mechanical codes, and other health and safety codes.

H. Public Improvements. The vested property rights provided in this Section 146-5.3.16 shall in no way diminish or alter the requirement for public improvements applicable to subdivisions of land approved under this UDO or requirements for public improvements in other provisions of this UDO.

I. Other Establishment of Vested Rights. Absent a site-specific development plan, a vested right to develop shall be established when an applicant has taken substantial steps in reliance on a lawfully issued building permit, to the extent such permit authorizes construction. (Ord. No. 2025-36 § 1, 04-07-2025; Ord. No. 2019-49 § 1, 08-19-2019)

5.3.17. CAPITAL IMPACT FEES.

C. The City finance director is authorized to establish the amount of the residential capital impact fee annually, based on the base fee amounts and inflation factors most recently approved by City Council.

D. The amount of the residential capital impact fee and any period adjustments for inflation are available in the Planning Department or on the City’s website.

E. The City Manager is authorized to adopt rules and regulations regarding the administration and application of the fees established by this Section 146-5.3.17. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.18. COMPLETION OF IMPROVEMENTS.

Before any building shall receive a certificate of occupancy, the owner, developer, or authorized agent(s) shall have completed any improvements required by the approved Site Plan and subdivision plat, subject, however, to weather conditions, governmental restrictions, strikes, or other causes beyond reasonable control. In such occurrences, the owner or developer shall have substantially completed the necessary portion of improvements to provide all-weather access to buildings and all other improvements. This shall include but not be limited to completion of storm drains, paving of driveways and parking areas, landscaping, and screening necessary to protect the health, safety, and welfare of any users of the property. All improvements shall be completed if necessary to guarantee the safety of the site's users. Following the authorized delays listed above, the owner, developer, or authorized agent(s) shall complete all required improvements as soon as reasonably possible. If required improvements are not completed within any stated time listed in a written notice by the City to complete all required improvements, the City may refuse to issue additional permits or approvals until such completion, and may use any other powers granted in Section 146-5.6.2 (Enforcement) to require such completion. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.19. DEVELOPMENT IMPROVEMENT GUARANTEES.

Where this UDO requires that public improvements be constructed and installed, the City may require development improvement guarantees as described in this Section 146-5.3.19.

1. No certificate of occupancy shall be issued until one of the following has occurred:

a. All public improvements are in place as approved by the City Engineer on the civil engineering construction plans or as required by an approved phasing plan, to be determined by the City Engineer;

b. A deferral has been issued by the City; pursuant to Section 146-5.3.19.B. below; or

c. The City has received an approved method of security for noncritical public improvements.

1. Criteria. A written deferral relating to a property owner's duty to construct public improvements may be granted by the Director of Public Works. To grant a deferral, the Director of Public Works must determine that installation of public improvements would:

a. Create a safety, drainage, traffic or other hazard or be impractical;

b. Be impractical at the time of issuance of the certificate of occupancy because of the physical characteristics of the land; or

c. Be more efficiently constructed at the time of development of adjacent parcels.

2. Limitations. All deferrals shall run with the land and shall not be effective until recorded by the City with the county clerk and recorder. The granting of a deferral shall not impair the City's authority to place public improvements through an improvement district or any other method authorized by law. The party receiving a deferral shall sign an agreement with the City stating that the party shall commence construction of the public improvements, or deposit with the City financial security for the installation of the required public improvements, within six months of the time written notice is provided by the City via certified mail or such other period of time as shall be established.

C. Method of Security. The City shall be authorized to require financial security for the purpose of assuring that all public improvements are installed in accordance with the approved civil engineering construction plan. Financial security shall be provided in the form of a cash bond in an amount as set forth in Section 146-5.3.19.D, including all costs of engineering, legal services, advertisement and collection. Cash bonds may be in the form of a cashier's check, bank draft, certified check, or bank money order. A certificate of deposit is not an accepted form of a cash bond. Cash bonds shall be deposited into the City treasury.

D. Amount of Security. The amount of security required to be posted under Section 146-5.3.19.C shall equal two times the estimated cost of the public improvements, as calculated by the City Engineer.

1. If a property owner fails to properly install all required public improvements within the time-frame established by the City, the City shall give10 days' written notice to the property owner by certified mail, after which time the City may draw on the security and use the funds to complete the required public improvements.

2. After completing the required public improvements, the City shall provide a complete accounting of expenditures to the property owner and refund all unused security deposited, without interest, to the property owner.

F. Other Available Remedies. In addition to forfeiture of security, the City shall be authorized to use those remedies and enforcement powers of Section 146-5.6 (Enforcement and Penalties) if a property owner fails to install required public improvements. (Ord. No. 2019-49 § 1, 08-19-2019)

5.3.20. PARK DEVELOPMENT FEES.

A. In addition to other fees required by this UDO, applicants for development and redevelopment containing residential land uses are required to pay park development fees for development and improvement of parks and recreation facilities.

B. The methodology and criteria which govern the computation of the fees, including any policies which exempt certain types of residential projects from fees, shall be as set forth in the Parks, Recreation and Open Space Dedication and Development Criteria Manual.

C. Park development fees shall be payable at time of issuance of building permit. (Ord. No. 2023-40 § 4, 09-11-2023)

5.4.1. PLAN, ORDINANCE, AND MAP CHANGES.

This category of applications includes those for initial zoning, rezoning, changes to this UDO, or plan amendments.

A. Comprehensive Plan Adoption or Amendment. City Council shall adopt a Comprehensive Plan for the orderly development and redevelopment of the City. The Comprehensive Plan shall serve to guide the City Council and the Planning and Zoning Commission in their decisions and recommendations in all land use and land development applications. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.1.A.

1. Applicability. This Section 146-5.4.1.A applies to the adoption of, and all amendments to, the Comprehensive Plan. The provisions of Section 146-5.3.15 (Amendments of Existing Approvals) shall not apply to amendments to the Comprehensive Plan.

a. The Planning Director shall review the application and forward a recommendation to the Planning and Zoning Commission pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

b. The Planning and Zoning Commission shall conduct a public hearing on the application and shall make a recommendation to City Council regarding the application pursuant to all applicable provisions of Section 146-5.3. The Planning and Zoning Commission shall make all recommendations for amendments to the Comprehensive Plan by not less than a two-thirds vote of the entire membership of the Commission.

c. The City Council shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3. City Council may approve amendments to the Comprehensive Plan by an ordinance approved by a vote of not less than two-thirds of the entire membership of City Council.

3. Criteria for Approval. A Comprehensive Plan, or an amendment to the Comprehensive Plan, shall be recommended for approval, and shall be approved, only if it promotes the long term economic, social, and environmental health of the City and protects the public health, safety, and welfare of the citizens of Aurora.

B. Annexation and Disconnection. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.1.B.

1. Applicability. This Section 146-5.4.1.B applies to all petitions to annex new land into the City, or to disconnect lands previously annexed to the City.

a. Annexation of land into the City shall comply with the procedures and other provisions of Colorado state statutes and approved Three-Mile Plan.

b. Annexation of land into the City shall be consistent with the City’s annexation procedures manual.

c. The final annexation plat shall be provided and shall conform with applicable state statutes. It shall include all information required by the City to evaluate potential impacts of the annexation and whether annexation would promote the public health, safety, and welfare of the citizens of the City.

3. Annexation Policies. Annexation of land into the City is a legislative act of City Council, during which City Council shall consider the following policies.

a. Facilities and Amenities. The City Council finds and determines that certain public facilities and amenities are necessary and must be constructed as a part of any territory annexed to the City so that the public needs may be served by such facilities. These facilities include, but not by way of limitation, major and minor arterial streets, bridges, public parks and recreation areas, school sites, fire and police station-sites, and storm drainage facilities.

b. Cost of Public Facilities. The City Council further finds and determines that the annexation of lands to the City shall be shown not to create any additional cost or burden on the then-existing residents of the City to provide such public facilities in any newly annexed area. No annexation shall be accepted until the City Council, upon the recommendation of the City Manager, determines that the current requirements for such public facilities in the area proposed to be annexed have been fulfilled and that the future requirements for such public facilities can be fulfilled. The annexor shall provide such building schedules, development information, and other data that the City Manager determines to be necessary to establish whether the application meets the requirements of this Subsection b.

c. School Districts. Any annexor shall also show that he or she has negotiated with the appropriate school district for dedication of land or cash-in-lieu of land as may be agreed upon between the parties.

d. Fiscal Impact Analysis. In its consideration of any proposed annexation, City staff shall provide to the City Council an analysis of the fiscal impact of the proposed annexation. The City Council may request additional information or analysis from the annexor. The cost of such additional information and analysis shall be borne solely by the annexor. A fiscal impact analysis shall be valid for one year and may not be used to meet the requirements of this Subsection 3.d for any lands outside the physical boundaries included in the fiscal impact analysis.

a. The procedure for disconnection described in this Section 146-5.4.1.B is the sole and exclusive procedure for seeking disconnection from the City. It is the intent of the City Council of the City of Aurora to exercise the Home Rule powers granted to certain municipal corporations by Section 6 of Article XX of the Colorado Constitution, to supersede all provisions in C.R.S., Title 31, relating to disconnection.

b. Within 90 calendar days of receipt of an application by the City Clerk, the City Council shall give due consideration to an application for disconnection based on those factors listed in Subsection 5 below.

c. If the City Council finds and determines that the disconnection of such tract will not prejudice the best interests of the City, considering the criteria herein, it shall adopt an ordinance effecting such disconnection.

d. Land disconnected shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying an indebtedness lawfully contracted by the City Council while the land was within the limits of the City and that remains unpaid, and for the payment of which the land could be lawfully taxed.

e. The City Council may by a disconnection agreement establish terms and conditions for granting a disconnection, which terms shall survive the disconnection of the tract of land.

f. An ordinance for disconnection shall be effective as established by the Home Rule Charter. A copy shall be recorded with the county clerk and recorder of the county in which such tract is situated.

5. Disconnection Considerations. Before making a decision on an application for disconnection, the City Council shall consider the following:

a. Whether the tract is situated such that its disconnection would impair extension of roads, utilities, or other infrastructure to other tracts of land located within the City;

b. Whether the tract of land is contiguous to the exterior boundary of the City. Contiguity with unincorporated areas embraced within the limits of the City or enclaves shall not constitute contiguity with the exterior boundary of the City;

c. Whether the tract of land is situated such that its disconnection would impair or preclude future annexations identified in the Comprehensive Plan;

d. Whether the retention of the tract of land within the City would impose a cost for services and infrastructure significantly in excess of the benefit of such tract of land remaining in the City;

e. Whether the disconnection of the property would permit development in a manner that would negatively impact the City or abutting tracts of land that are located within the City;

f. Whether the City is reimbursed for public funds expended on the parcel for infrastructure or other costs;

g. Whether the water rights associated with the land have been received by the City and incorporated into the City's water supply plans;

h. Whether the tract of land is obligated contractually or otherwise expected to participate in the development of a Master Plan or regional infrastructure; and

i. Such other matters the City Council finds relevant to the application.

C. Ordinance Text or Zoning Map Amendments. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.1.C.

1. Applicability. This Section 146-5.4.1.C applies to:

a. All applications for initial zoning of property into a base zone district(s), and to initial zoning into an overlay district, if any, at the time property is annexed to the City; and

b. All applications for changes of zoning from one base zone district(s) to a different base zone district(s) following initial zoning into a base zone district; and

c. All applications to include property in, or exclude property from, an overlay district(s), or to change the overlay district(s) that apply to a property; and

d. All applications to change the text of this Unified Development Ordinance.

a. The Planning Director shall review the application and forward a recommendation to the Planning and Zoning Commission pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

c. The City Council shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

a. Initial Zoning and Changes to Zoning Map for Individual Parcels or Small Areas. An application for initial zoning, rezoning, and changes to the Zoning Map for individual parcels or small areas shall only be recommended if the Planning Director and the Planning and Zoning Commission finds that the following criteria have been met, and shall only be approved if City Council finds that the following criteria have been met.

i. The change to the Zoning Map is needed to correct an error (change in the character of surrounding areas does not constitute an error in the map); or

ii. The change to the Zoning Map is required because of changed conditions or circumstances on the property or in the surrounding area and:

(a) The applicant has demonstrated that the proposed initial zoning or rezoning is consistent with the spirit and intent of the Comprehensive Plan, with other policies and plans adopted by the City Council, and with the purpose statement of the proposed new zone district(s);

(b) The applicant has demonstrated that the size, scale, height, density, and multi-modal traffic impacts of the proposed initial zoning or rezoning are compatible with surrounding development or can be made compatible with surrounding development through approval conditions; and

(c) The application demonstrates that the change in zoning will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Comprehensive Plan goals that would be achieved by approval of the application.

b. Ordinance Text Amendments and Legislative Rezoning of Large Areas. An application for an amendment to the text of this UDO or a legislative rezoning of a large area shall only be recommended if the Planning Director and the Planning and Zoning Commission find that the following criteria have been met, and shall only be approved if City Council finds that the following criteria have been met.

i. The applicant has demonstrated that the proposed Ordinance amendment is consistent with the spirit and intent of the Comprehensive Plan and with other policies and plans adopted by the City Council; and

(a) The change to the Ordinance text is required because of changed conditions or circumstances in all or a portion of the City; or

(b) The change to the Ordinance text is required to address a new or unforeseen threat to the public health, safety, and welfare; or

(c) The change to the Ordinance text is required to promote economic growth and investment that will not create material risks to the public health, safety, and welfare.

ii. Non-substantive updates to the text of the Ordinance, including but not limited to updates of hyperlinks or other references to online information related to this UDO, may be approved by the Planning Director and do not require review or approval by the Planning and Zoning Commission or City Council.

c. Approval of Map and Text for a PD Zone District. In addition to meeting the criteria for zoning map and UDO text amendments in Subsection a above, an application for approval of rezoning to a PD zone district shall only be recommended if the Planning Director and the Planning and Zoning Commission find that the following criteria have been met, and shall only be approved if City Council finds the following criteria have been met.

i. The proposed PD is required because of changed conditions or circumstances on the property or in the surrounding area; and

(a) The applicant has demonstrated that the proposed initial zoning or rezoning is consistent with the spirit and intent of the Comprehensive Plan and with other policies and plans adopted by the City Council; and

(b) The applicant has demonstrated that the proposed initial zoning or rezoning is compatible with surrounding development or can be made compatible with surrounding development through approval conditions; and

ii. Any portion of PD zone district to be occupied by single-family detached or single-family attached dwellings shall be divided into blocks with a dimension of no larger than 330 feet by 660 feet with each such block divided from other blocks by local, collector, or arterial streets or freeways; and

iii. Any portion of the PD zone district to be occupied by multifamily, mixed-use, or industrial development shall provide a greater level of internal connectivity and connectivity to surrounding developments than would be required by Section 146-4.5 (Access and Connectivity) if the project were not being developed in a PD zone district; and

iv. When scored against the criteria in Table 4.8-2 (Scoring System for Architectural Features), each single-family detached and single-family attached structure in the PD zone district shall achieve a higher score than would be required if the project were not being developed in a PD zone district; and

v. Each multifamily, mixed-use, or industrial primary structure in the PD zone district shall provide a greater level of design quality than would be required by Section 146-4.8 (Building Design Standards) if the project were not being developed in a PD zone district; and

vi. The PD includes private common spaces that include recreational or community amenities, public art, and/or outdoor gathering spaces for the project residents, occupants and users that exceed those that would be required if the project were not being developed in a PD zone district;

vii. Any lands designed for public park and school sites in the PD zone districts meet the criteria for location of those types of lands in Sections 146-4.3.17 (Parks and Open Space) and 146-4.3.18 (School, Park, and Other Lands for Public Facilities) and any required park and open space lands are designed to connect with similar lands developed or designated on property adjacent to the proposed PD zone district to the maximum extent practicable.

D. Historic Designation or Loss of Designation. The City Council may designate landmarks, landmark sites, and historical districts in the City to accomplish the purposes of this Section. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.1.D.

1. Applicability. This Section 146-5.4.1.D applies to all applications for designation of a historic structure as a City landmark building, and to all applications for designation of an area of the City as a landmark site or historic district. In addition, this Section applies to all applications to remove a structure or an area of the City from the City’s list of designated landmark structures, landmarks sites, or historic districts.

i. A Historic Preservation Commission member, the owner of the property, or any City Council member may initiate consideration by the Historic Preservation Commission of the recommendation for designation of any site as a landmark, landmark site, Cultural Heritage Site, or historic district in writing. The decision to conduct a public hearing shall be approved or denied by a majority of the Commission present.

ii. If a request for recommendation is approved for a public hearing upon the request of someone other than the owner of the property, notice of the proposed recommendation shall be mailed by certified mail to the owner of the property. Such notice shall describe the property affected and provide notice of the date, time, and place at which a hearing before the Commission shall be conducted.

iii. Not less than 30 calendar days following the mailing of notice to the owner, the Historic Preservation Commission shall conduct a public hearing on all recommendations of landmarks, landmark sites, or historic districts.

iv. Following the public hearing, the Historic Preservation Commission shall make a recommendation to City Council based on those criteria in Section 146-5.4.1.D.3. The Commission in its recommendation shall describe the reasons for the decision and provide written notice of the decision to the property owner within 10 calendar days of the hearing.

v. The Historic Preservation Commission shall forward its recommendation to the City Council.

vi. The City Council shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

vii. The City Council may make available economic incentives to enhance the possibility of designation as an historic landmark, landmark site, or district. The City Council is empowered to receive private or public grants that would enhance historic preservation.

viii. The City Council may amend or rescind its designation of any historic landmark, landmark site, or district. The Historic Preservation Commission shall make a recommendation for such amendment or rescission through the same procedure as was followed in the original designation, including a public hearing.

i. Any person or organization may request in writing the removal of a property from landmark designation by describing the reasons for removal.

ii. In the case of a privately-owned property designated as a landmark, when that property falls into physical disrepair or the historic qualities of the structure are threatened, remedial measures shall be addressed directly with the property owner by the Historic Preservation Commission prior to the removal of landmark designation. Such measures may include help in applicable grant research, aid in the composition of restorative grant applications, or assistance in fundraising for such repairs.

iii. Properties removed from the state register or the national register shall not be considered to have been removed from the City's landmark listing without formal action by the Historic Preservation Commission and the City Council. However, all properties removed from the state register and the national register prior to June 30, 1994 shall be considered to have been automatically removed from City landmark designation.

iv. Requests for removal shall be considered following the procedure in Section 146-5.4.1.D.2.a above.

a. Landmarks or Landmark Sites. At the conclusion of the public hearing, the Historic Preservation Commission shall recommend to City Council the designation of a landmark or landmark site, if such structure or site is of particular historical, architectural, cultural, or archaeological significance and:

i. Exemplifies or reflects the broad cultural, political, economic, or social history of the nation, state, or community; or

ii. Is identified with historic personages or with important events in national, state, or local history; or

iii. Embodies distinguishing characteristics of an architectural type specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or

iv. Is representative of the notable work of a master builder, designer, or architect whose individual ability has been recognized; or

v. Meets specific archaeological criteria as designated by the commission, in accord with federal regulations and community standards; and

vi. Does not deny the owner a reasonable economic use of property.

b. Cultural Heritage Sites. A site and/or structure may qualify for designation as an Aurora Cultural Heritage Site if it meets one or more of the following criteria but lacks sufficient integrity (i.e., it has been significantly altered from its original historic condition) to support its designation as a landmark. Generally, Cultural Heritage Sites are more than 50 years old, but younger sites with exceptional significance to the community may be considered.

i. The property exemplifies or reflects the broad cultural, political, economic, or social history of the community; or

ii. The property is identified with a historic person or historic group significant to local history; or

iii. The property embodies distinguishing characteristics of an architectural type inherently valuable to the study of a period, style, method of construction, or indigenous materials or craftsmanship; or

iv. The property is representative as the work of a master builder or architect; or

v. The property has the possibility to yield important archaeological information.

c. Historic Districts. At the conclusion of the public hearing, the Commission shall make a recommendation to City Council concerning a historic district. The Commission shall determine if the district is an area containing a significant concentration, linkage or continuity of sites, buildings or structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history, and shall meet the following criteria:

i. A distinguished area that exemplifies or reflects the particular cultural, political, economic, or social history of the community; or

ii. A definite area identified with historical personages, groups or with important events in national, state, or local history; or

iii. A definite area that embodies distinguishing characteristics of an architectural type or style inherently valuable for the study of a period, method of construction, or of indigenous materials or craftsmanship; or

iv. A definite area that, owing to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood, community, or city; or

v. An area that is representative of the notable work of a master builder, designer, or architect whose individual ability has been recognized; or

vi. An area encompassing multiple significant archaeological sites; and

vii. An area that permits reasonable economic use of the owner's property.

d. Recommended Adjustments. The Historic Preservation Commission's recommendation to City Council on a proposed landmark, landmark site, or historic district may include recommendations for exceptions from provisions of this UDO, pursuant to Section 146-5.4.4.C (Historic Landmark and District Adjustments).

i. The property, site, or district has ceased to meet the criteria for landmark designation because the qualities that caused it to be listed have been lost or destroyed, subsequent to nomination and prior to listing as a landmark;

ii. Additional information shows that the property does not meet City criteria for landmark designation; or

iii. Failure to comply with any administrative procedure requirement contained by the nomination or the listing process; or

iv. Continued designation of the landmark, landmark site, or historic district is not in the best interests of the City.

E. Master Plan. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.1.E.

a. A Master Plan shall be approved pursuant to this Section 146-5.4.1.E when an application is filed for any of the following:

i. Any area proposed for subdivision of land under common or related ownership;

ii. Any area proposed for development in phases;

iii. Any area where new streets or regional infrastructure will be required to connect to the City’s existing systems;

iv. Any area where multiple parcels of adjacent land require that internal circulation, infrastructure, and open space systems be coordinated to reduce traffic or other impacts on the surrounding area.

b. The Planning Director shall determine the geographical extent and the required components of the various types of Master Plans as defined in any applicable planning development manuals.

c. The Planning Director may authorize simultaneous processing of a Master Plan and other types of approvals required by this UDO if the Director determines that:

i. Compliance with all standards of this UDO and related development manuals can be adequately addressed during simultaneous review; and

ii. It is unlikely that required changes to the Master Plan will require revisions to applications for other types of approvals that would require additional rounds of staff review and inefficient use of staff resources.

d. After a Master Plan is approved, all Site Plans and later development approvals and permits shall only be approved if they are consistent with the Master Plan (except for renovations of existing buildings that do not add gross floor area to the building, and except for additions to existing buildings that add less than 2,000 square feet of gross floor area, unless and until that Master Plan is amended under Section 146-5.3.15 (Amendments of Existing Approvals).

a. The Planning Director shall review the application and forward a recommendation to the Planning and Zoning Commission pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

b. The Planning and Zoning Commission shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

3. Criteria for Approval. A Master Plan shall only be recommended for approval, and shall only be approved, if:

a. It is consistent with the Comprehensive Plan, the purpose statement for the zone district(s) where the property is located, the use regulations in Article 146-3 for the zone district(s) where the property is located, and all other adopted plans and policies of the City Council;

b. It will allow future development of the property to comply with all applicable standards in this UDO;

c. It will result in a coordinated system of streets, trails, sidewalks, open spaces, and infrastructure systems that do not create significant adverse impacts on the surrounding area, or any significant adverse impacts have been mitigated to the degree practicable;

d. It will improve or expand multi-modal connections with adjacent sites, neighborhoods, and urban centers; and

e. If the property is located in Subarea C, and the Master Plan includes over 160 acres of land designated for residential development, the Master Plan must include at least one area to be zoned MU-N or MU-C or designated for development pursuant to MU-N or MU-C zone district standards pursuant to Section 146-5.4.3.I (Administrative Activity Center Designation). (Ord. No. 2025-36 § 4, 04-07-2025; Ord. No. 2019-49 § 1, 08-19-2019)

5.4.2. SUBDIVISION OF LAND.

A. Initial Subdivision of Land. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.2.A.

a. General Applicability and Exceptions. See Section 146-4.3.1 (Applicability and Exceptions). All applicable provisions of Section 146-5.3 (Common Procedures) shall also apply unless otherwise stated in this Subsection A.

i. Any subdivision application must include an approved Neighborhood Plan or be accompanied by a Site Plan application prior to the issuance of building permits or construction acceptance.

i. Neighborhood Plan. A Neighborhood Plan is a voluntary process used to preliminarily lay out the division of land into lots for sale or development that are not listed as exempt in Section 146-4.3.1 (Applicability and Exceptions) that creates a streamlined process by:

(a) Allowing for the demonstration of the lot layout in combination with phased infrastructure improvements for residential, commercial, industrial, and mixed-use development; and

(b) Once approved, common area improvements within the Neighborhood Plan may proceed directly to a civil submittal process. Any infrastructure required for the development of an individual lot must still submit a site plan application prior to civil plan submission per Section 146-5.4.3.B.1.

ii. Final Plat. A Final Plat is any division of land into lots for sale or development that is not listed as exempt in Section 146-4.3.1 (Applicability and Exceptions).

(a) Individual lots or pad sites for commercial, industrial, or multifamily development must follow the Final Plat process and submit a Site Plan prior to construction; and

i. The Planning Director shall review and make a decision on the application or shall notify the applicant of the modifications to the Neighborhood Plan needed to comply with conditions on approval or the requirements of this UDO and other adopted City ordinances and regulations.

ii. Neighborhood Plans shall remain in effect for any constructed area of the plan or any areas with active applications. City staff may expire a neighborhood plan if the applicant fails to submit a final plat or civil plan application for more than a three-year period after approval of the Neighborhood Plan or approval of a prior phase within that plan.

i. The Planning Director may refer the application to the City Engineer for early identification of any issues regarding the availability of lot access, infrastructure, and utilities, and drainage.

ii. The Planning Director shall review the application and make a decision on the application pursuant to all applicable provisions of Section 146-5.3 (Common Procedures) or shall notify the applicant of any modifications to the Final Plat needed to comply with conditions on approval or the requirements of this UDO and other adopted City ordinances and regulations.

c. Recording. Following approval of a Final Plat, the City Clerk shall record the Final Plat with the Clerk and Recorder of the county where the property is located.

i. The applicant shall submit civil engineering construction plans for all required streets, utilities and other public improvements to the City Engineer, and the City Engineer shall approve those plans before a building permit or a public improvement permit will be issued for any property shown on the Final Plat.

ii. Upon receipt of civil engineering construction plans, the City Engineer shall review and approve or reject the plans and shall provide the applicant written notice of the action. If the City Engineer rejects the civil engineering construction plans, the City Engineer shall provide a written explanation of the modifications necessary for approval.

iii. In acting on civil engineering construction plans, the City Engineer shall consider all of the following:

(a) Whether the plans comply with the standards of this UDO;

(b) Whether the plans comply with all applicable City Construction Standards and Specifications; and

(c) Whether the proposed construction schedule is reasonably designed to ensure completion of the necessary public improvements as required by the City, the property owners, and the residents of the subdivision, giving due consideration to topography, existing public improvements, size of the subdivision, traffic demands in the vicinity, adequate emergency access, the needs and requirements of property owners and residents in the subdivision and any other pertinent matters.

a. Neighborhood Plan. A Neighborhood Plan shall only be approved by the Planning Director if:

i. It is consistent with the Comprehensive Plan and all other adopted plans and policies of the City Council, including any approved Master Plans that include the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property;

ii. It allows for all future development of the property to comply with all applicable standards in this UDO;

iii. It shows a coordinated system of infrastructure and public improvements, including but not limited to street, trail, open spaces, and sidewalk systems that do not create significant adverse impacts on the surrounding area, or any significant adverse impacts have been mitigated; and

iv. It shows how the development will coordinate multi-modal connectivity with adjacent sites, neighborhoods, and urban centers.

i. The Planning Director shall only approve the Final Plat if:

(a) It is consistent with the Comprehensive Plan and all other adopted plans and policies of the City Council;

(b) The application complies with the applicable standards in this UDO (including but limited to the standards of Sections 146-4.2 (Dimensional Standards), 146-4.3 (Subdivision Standards), and 146-4.5 (Access and Connectivity));

(c) The application complies with other adopted City regulations, any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property; and

(d) The City’s existing infrastructure and public improvements, including but not limited to its street, trail, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the degree practicable.

ii. If an approved Neighborhood Plan exists, the Planning Director shall only approve the Final Plat if it is generally consistent with the approved Neighborhood Plan and meets any applicable conditions on the Neighborhood Plan approval.

B. Revisions and Changes to Adopted Subdivisions Plats. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.2.B.

a. Applicability. The Minor Plat Amendments process may only be used for changes to adopted final plats that:

i. Are necessary to correct minor survey or drafting efforts, but that will not increase the number of lots or have any material effect on the location of streets or open spaces within the subdivision; or

ii. Adjust lot lines in ways that do not increase the number of lots or building sites or affect any public right-of-way, and that comply with all Ordinance standards (including lot size and frontage) in effect at the time of application; or

iii. Adjust building envelopes in ways that do not increase allowable lot coverage or violate any building setbacks in this UDO or any building setbacks included as conditions to previous approvals applicable to the property, and that do not affect any public right-of-way; or

iv. Are necessary to bring the subdivision plat into conformance with any approved Site Plan(s).

i. The Planning Director shall refer the application to the Director of Public Works for confirmation that the application does not have any effect on public rights-of-way or any streets within the subdivision.

ii. The Planning Director shall review and make a decision on the application reflecting the comments of the Director of Public Works.

iii. After approval, the City Clerk shall record the amended final plat with the Clerk and Recorder of the County where the property is located.

c. Criteria for Approval. A Minor Plat Amendment shall be approved only if the application complies with the applicable standards in this UDO, other adopted City regulations, any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property.

a. Applicability. This process shall apply to the vacation or all or a part of a subdivision plat that does not include the vacation of improved streets that have been accepted by the City.

i. The Planning Director shall refer the application to the Director of Public Works for review of its effects on public rights-of-ways, infrastructure, utilities, and drainage systems.

ii. The Planning Director shall review and make a decision on the application.

iii. After approval, the City Clerk shall record evidence of the vacation with the Clerk and Recorder of the County where the property is located.

iv. Once a subdivision plat vacation has been approved and vacation documents have been recorded, the real estate description shall revert to that which existed prior to the recording of the subdivision plat (or to unplatted land, if specified by the plat vacation document).

c. Criteria for Approval. A partial or complete plat vacation shall only be approved if it will not:

i. Create any landlocked parcel;

ii. Restrict or affect the right of access of property owners within or abutting the subject subdivision so that access is unreasonable or economically prohibitive;

iii. Reduce the quality of public services to any property;

iv. Be inconsistent with any adopted transportation plan; or

v. Affect the ownership of land within the subdivision.

a. Applicability. This process shall apply to the vacation of all or a part of an improved public right-of-way that has been accepted by the City.

i. The Planning Director shall refer the application to the Director of Public Works for review of its effects on public rights-of-ways, infrastructure, utilities, and drainage systems.

ii. The Planning Director shall review and make a recommendation on the application, including whether the City will require payment of fair market value for the established street to be vacated, to the City Council.

iii. The City Council shall review and act to approve or deny the application.

iv. After approval, the City Clerk shall record evidence of the vacation with the Clerk and Recorder of the County where the property is located.

c. Criteria for Approval. The City Council may approve a public right-of-way vacation if it finds that the requested vacation will not:

i. Create any landlocked parcels;

ii. Restrict access to any parcel so that access is unreasonable or economically prohibitive;

iii. Vacate a public alley unless such vacation is consistent with the Comprehensive Plan and the resulting land complies with lot access and connectivity requirements per Section 146-4.5 (Access and Connectivity);

iv. Reduce the quality of public services to any property; or

v. Be inconsistent with any transportation plan adopted by the City.

4. Other Changes to Approved Final Plats. All changes to approved final plats that do not qualify as Minor Plat Amendments or a partial or complete vacation of a plat without public streets, or vacation of an established street, and all changes to approved final plats that include the relocation of roads, will require resubdivision pursuant to Section 146-5.4.2.A (Initial Subdivision of Land). (Ord. No. 2025-36 §§ 1, 5, 6, 04-07-2025; Ord. No. 2019-49 § 1, 08-19-2019)

5.4.3. DEVELOPMENT APPLICATIONS.

This category of applications includes those applications that do not require rezoning, subdivision, or other approvals under this UDO.

A. Conditional Use. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.A.

a. This Section 146-5.4.3.A applies to all applications for a use listed as a conditional use in Table 0-1 (Permitted Use Table) or for a use listed as a listed as a “V” use in Table 0-1 if the application is filed after the primary building on the property has been vacant for five years or more. Uses listed as conditional uses or “V” uses are only allowed if approved pursuant to this Section 146-5.4.3.A.

b. A conditional use approval is only valid for the location stated in the application, and cannot be transferred to a new location.

c. If an approved conditional use is discontinued for a period of one year or more, it may not be reestablished without approval of a new conditional use application.

a. The Planning Director shall review the application and forward a recommendation to the Planning and Zoning Commission pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

b. The Planning and Zoning Commission shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

3. Criteria for Approval. A conditional use shall be approved only if the Planning and Zoning Commission determines that:

a. The application complies with the applicable standards in this UDO, other adopted City regulations (including but not limited to any use-specific standards for the proposed conditional use in Section 146-3.3), any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property;

b. The application is consistent with the Comprehensive Plan;

c. The size, scale, height, density, multi-modal traffic impacts, and hours of operation of the proposed use are compatible with existing and planned uses in the surrounding area;

d. The proposed use will not change the predominant character of the surrounding area;

e. The City's existing infrastructure and public improvements, including but not limited to its street, trail, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the degree practicable; and

f. The application demonstrates that the proposed use will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Comprehensive Plan goals that would be achieved by approval of the application.

g. The application mitigates any adverse impacts on the surrounding area to the degree practicable.

B. Site Plans. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.B.

a. A Site Plan complying with this Section 146-5.4.3.B is required before a building permit may be issued for all development in the City except those listed below:

i. Single-family detached homes on lots in a subdivision of three or fewer lots and that are not a part of land for which a Master Plan has been approved.

ii. Permitted additions to existing single-family detached dwellings.

iii. Nonhabitable accessory structures (not including Telecom Facilities and Major Utilities facilities) that have no significant external effects on adjacent lands as determined by the Planning Director.

iv. Minor changes in architectural facade treatments, or architectural changes to buildings approved without architectural elevations, that qualify as administrative adjustments under Section 146-5.4.4.F.

v. Park facilities that are developed pursuant to a parks master plan approved by the City.

vi. Facilities owned or operated by the City that do not include habitable structures and do not require any personnel on site to operate or provide services from the facility (except for maintenance or repairs of the facility).

vii. Interior improvements and tenant finish.

viii. Single-family detached, two-family and single-family attached homes within an approved Neighborhood Plan and Final Plat.

b. In those circumstances where a Master Plan approval is required pursuant to Section 146-5.4.1.E (Master Plan), no Site Plan may be approved before a Master Plan is approved for the proposed Site Plan area.

c. Approved Site Plans, as amended, shall be binding upon the owner, successors, and assigns. The Site Plan shall limit and control the issuance and validity of all building permits, and shall restrict and limit the construction, location, use, occupancy, and operation of all land and structures within the plan to all conditions, requirements, locations, and limitations set forth in the adopted Site Plan.

a. Applicability. The Site Plan with no major adjustments procedures and criteria apply to applications for a permitted use in the zone district where the property is located if the application is not exempt from the Site Plan process pursuant to Subsection B.1.a above and the application does not require any major adjustments.

b. Procedure. The Planning Director shall review and make a decision on the application.

c. Criteria for Approval. A Site Plan with no major adjustments shall be approved only if the application complies with the applicable standards in this UDO, other adopted City regulations, any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property. If the application does not comply with those standards, the Planning Director will notify the applicant of what other permits, approvals, or changes to the application are required for compliance.

a. Applicability. The Site Plan with major adjustments process and criteria apply to all applications for a permitted use in the zone district where the property is located if the application is not exempt from the Site Plan process pursuant to Subsection B.1.a above and the application requires major adjustments.

i. The Planning Director shall review the application and forward a recommendation to the Planning and Zoning Commission pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

ii. The Planning and Zoning Commission shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

i. General. A Site Plan with major adjustments shall be approved only if:

(a) The application complies with the applicable standards in this UDO, other adopted City regulations, any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property.

(b) The City’s existing infrastructure and public improvements, including but not limited to its water, wastewater, street, trail, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the degree practicable.

(c) Site Plans shall be designed to preserve and protect natural areas, ridgelines, swales, natural landforms, water quality and wildlife habitat of riparian corridors, wetlands, and floodplains affected by the proposed development and to integrate those areas into site design where practicable.

(d) The application will improve or expand multi-modal connections with adjacent sites, neighborhoods, and urban centers.

(e) The application is compatible with surrounding uses in terms of size, scale and building façade materials.

(f) The application mitigates any adverse impacts on the surrounding area to the degree practicable.

a. Multifamily residential uses shall provide appropriate amenities, including recreational facilities, pedestrian facilities, unique aesthetic features, and quality design.

b. All listed uses shall have connections to a pedestrian system serving the neighborhood, Fitzsimons, and surrounding areas.

c. Where abutting parcels of land exist under single ownership, no Site Plan shall be approved for any portion of such parcels until a Master Plan that includes all such abutting parcels has been approved.

d. Normal maintenance or minor repairs do not need to conform to the building and site design standards in Section 146-2.4.5 (Mixed-Use -- Fitzsimons Boundary District (MU-FB)) except for the following:

i. Replacement of 25 percent or more of a building’s total façade area shall not be considered normal maintenance and repair work. Such improvements shall be considered a site modification and shall require that the entire building’s facade open to public view be subject to the applicable design requirements of this Section.

ii. Exterior painting and the replacement or addition of signs and awnings for any reason shall be considered site modifications and shall be subject to the applicable design requirements of this Section.

e. Alterations or additions of less than 2,000 square feet to existing buildings for conforming uses shall conform to the building and site design standards in Section 146-2.4.5 (Mixed-Use -- Fitzsimons Boundary District (MU-FB)) as follows:

i. New construction, replacement construction, and modifications to existing parking lots and landscape areas on sites with existing development shall comply with the applicable requirements unless prevented by existing physical site conditions.

ii. Proposed changes to areas adjacent to street frontages shall require compliance with applicable right-of-way improvements, dimensional standards, and other development standards in this UDO.

f. New buildings and alterations or additions of 2,000 square feet of gross floor area to existing buildings shall comply with the building and site design standards of Section 146-2.4.5 (Mixed-Use -- Fitzsimons Boundary District (MU-FB)).

a. Any new exterior construction or landscaping, or any exterior changes to existing development including changes to building facades, signage, streetscape, landscaping, public rights-of-way, parking areas, drives, or other Site Plan changes shall meet the building and site design standards of Section 146-4.8 (Building Design Standards) subject to the Touch Rule defined in Section 146-5.4.4.

b. To allow greater intensity in the MU-TOD district over time:

i. Buildings and surface parking (if allowed) shall be located on the lot so that the layout will accommodate future structured parking garages.

ii. Drives within commercial parking lots shall be located so they can conform to urban street standards in the future.

iii. Both sides of major pedestrian streets shall be developed to establish the streetscape character and pedestrian connections.

iv. Important public parks and plazas shall be constructed in the initial phase of development to establish a public amenity and the area’s identity.

6. Additional Standards for Redevelopment Plan/Adaptive Reuse. Notwithstanding the provisions of Section 146-1.4.3, standards apply to the reuse or modification of buildings that do not have existing site plans where such reuse or modification is within the limits of the “Touch Rule” described in Section 146-5.4.4. If there is conflict between the provisions of this Section and Section 146-5.4.4, the provisions of this Section shall apply. Applications for reuse or modifications beyond the limits of that Touch Rule are considered new construction and shall comply with all standards applicable to new construction rather than the standards in this Section. Additionally, the following standards apply for a redevelopment plan/adaptive reuse:

a. The proposed adaptive reuse must be a permitted use or must be approved as a conditional use in which the building is located, as shown in Table 3.2-1 (Permitted Use Table).

b. Purpose. The purpose of these adaptive reuse standards is to encourage and facilitate the reuse of existing buildings that are underutilized or underperforming by modifying site development standards that would otherwise make the reuse of existing buildings, structures and sites impracticable. Enhancements to the exterior of an adaptive reuse building should focus on elements that improve ground floor design of the building. Ground floor designs should support a pedestrian-friendly environment, define the main entry, provide visual interest and enhance the public realm.

c. Setbacks. Any additions or façade changes involving greater than 25 continuous linear feet of exterior wall facing a public right-of-way shall comply with zoning setbacks.

d. Height. The heights of buildings existing on the effective date shall be exempt from building height limits established by Section 146-5.4.4 or 146-4.2 (Dimensional Standards). The addition of parapets or roof structures, equipment or other enclosures or nonhabitable space is allowed. Any new or additional habitable spaces or floors shall comply with the height limits established in the zone district where the property is located.

e. Design Standards. When an adaptive reuse project includes the alteration, reconstruction or remodeling of the exterior walls or facades of a building, the design standards shall apply to the facades being altered or reconstructed to the maximum extent practicable.

i. Existing access points and driveways may remain in use.

ii. Developments with access on CDOT Highways will be referred to the Colorado Department of Transportation (CDOT) for review, and a CDOT access permit will be required prior to construction in the CDOT right-of-way.

iii. Sidewalks adjacent to an adaptive reuse project shall be improved to the maximum extent practicable.

iv. Adaptive reuse projects shall provide site furnishings, sidewalks, landscaping, screening and lighting to the maximum extent practicable.

i. Dead or missing landscaping in designated landscape areas existing before the effective date shall be replaced or installed as part of an adaptive reuse project.

ii. Trees and other landscaping shall be provided in tree openings, tree grates, planters or planting beds along the adjacent street frontages to the maximum extent practicable.

iii. Where the scale or character of the proposed adaptive reuse differs significantly from the scale and character of development on abutting properties, as determined by the Director, the Director may require the installation of fences, walls, or vegetation to mitigate impacts of the proposed adaptive reuse on the abutting property to the maximum extent practicable given the size and dimensions of the adaptive reuse property.

i. Additional parking spaces shall not be required for an adaptive reuse project; provided, that any existing on-site parking spaces are not removed, or unless the existing parking spaces to be removed are not needed to meet the minimum parking standards of Section 146-4.6.

ii. The location of new parking areas for an adaptive reuse project shall comply with Section 146-4.6.5.A (Location and Use of Parking Facilities) to the maximum extent practicable.

C. Floodplain Development Permit. Any property required to obtain a Floodplain Development Permit pursuant to Chapter 70 of the Aurora City Code shall obtain such permit before a building permit may be issued by the City.

D. Historic Landmark/District Development Application. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.D.

1. Applicability. No person shall carry out or cause to be carried out any construction, alteration, removal, or demolition of a building or feature or make any changes that would impair the historic association of the landmark building, landmark site, or historic district, or take any action that would create indirect impacts on historic resources, such as impairment of the view corridor or historic context of the structure, pursuant to those qualities identified in Section 146-5.4.3.D.3, without first obtaining a permit pursuant to this Section 146-5.4.3.D.

a. Applications for application approval shall be submitted to the Historic Preservation Commission through the preservation specialist and shall contain the information required by the Commission's rules of procedure and bylaws. The Commission's preservation specialist shall determine whether the request constitutes "major" or "minor" changes in the landmark or district.

b. If an application is received for an application or a request to carry out any new construction, alteration, removal, or demolition of a building or other designated feature on or in a landmark property, site, or district for which landmark designation, zone change, or development plan is pending, the application shall be forwarded to the preservation specialist and Historic Preservation Commission within 10 working days.

c. The Planning Director shall reserve the right to review and comment on recommendations for historic preservation activities prior to any decision by the Historic Preservation Commission.

d. No application shall be approved or request granted before comment has been received from the Historic Preservation Commission.

e. Commission comment shall be made within 60 calendar days of receipt of the request or application.

f. After receiving the Commission’s comment, the Planning Director shall continue processing the Development Application pursuant to Section 146-5.4.3.B.

a. The Historic Preservation Commission shall consider the following in reviewing applications affecting historic landmarks, sites, or districts:

i. For applications pertaining to landmarks and landmark sites, the proposed work shall preserve, enhance, or restore the exterior architectural features of the landmark. The proposed work shall not adversely affect the special character or special historical, architectural, or archaeological nature of the landmark or its site.

ii. For applications pertaining to property in historic districts, other than on a designated landmark site, reasonable efforts shall be made to preserve, enhance or restore, and not to damage or destroy, the exterior architectural features of the subject property. The degree of compatibility and the character of the historic district, the feasibility of rehabilitation, and other pertinent factors shall be considered in the preservation efforts. New construction, remodeling, or other proposed exterior changes to a structure shall be compatible with the character of the historic district as described in the designating ordinance, particularly with reference to scale and materials. An application for a building permit or new construction must be approved if such compatibility exists.

iii. The commission shall seek compatibility of structures in the district in terms of size, texture, scale, and Site Plan. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be considered by the commission in passing applications for any application.

E. Temporary Use Permit. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.E.

1. Applicability. This Section applies to applications for any use listed as a temporary use in Table 0-1 (Permitted Use Table).

2. Procedure. The City Manager’s Office and City Clerk shall review and make a decision on the application.

3. Criteria for Approval. A Temporary Use Permit shall only be approved if the Planning Director determines that the following criteria are met. If the applicant requests that the duration of the permit be extended beyond the maximum time permitted by this UDO or the terms of the initial permit, the extension shall only be approved if the Director receives the request for extension before the expiration of the initial permit and determines that the following criteria are still met:

a. It is for one of the uses listed in Table 3.2-1 (Permitted Use Table) as a temporary use permitted in the zone district where the property is located or:

i. The proposed temporary use is a temporary Telecom Facility on private property that does not create an obstruction or hazard to the public right-of-way, above ground utility lines, or protected airspace in which case the permit may be issued for a period not to exceed 14 consecutive days. A longer period may be authorized only upon a finding by the Planning Director that such longer period is needed to address an emergency situation.

ii. An annual permit has been issued to a licensed individual vendor for a temporary outdoor food and/or merchandise stand. Vending will be permitted pursuant to Section 146-3.3.6.R (Temporary Outdoor Food or Merchandise Stand).

b. The application complies with the applicable standards in this UDO and other adopted City regulations and, including but not limited to any use-specific standards for the proposed temporary use in Section 146-0, unless an adjustment of or variance from standards is approved under Section 146-5.4.4.

c. Approval of the application or request for extension of a Temporary Use Permit will not result in the use of any portion of the property for unenclosed or enclosed storage of goods, materials, equipment, or vehicles for a period longer than 12 consecutive months (including any periods permitted by prior Temporary Use Permits.

d. The applicant has submitted a cash deposit in the amount specified in the schedule of fees. Such deposit shall be returnable at the conclusion of the proposed activity provided that the site of the proposed activity is returned to its original condition within 24 hours after the last day of the permitted use. If it is necessary to initiate cleanup operations because of trash, garbage, or debris attributable to the proposed activity, the cost of such cleanup operation shall be deducted from the cash bond. Nothing in this Section shall prohibit the City from commencing appropriate legal proceedings against the applicant if the cost of cleanup operations exceeds the cash deposit.

e. The issuance of the permit will not endanger the public health, safety, or welfare.

f. If any adjustment of standards in this UDO or waiver or adjustment of adopted City standards outside of this UDO related to sanitary facilities, adequate water supply, additional fire protection measures, traffic control measures, liability insurance, or cleanup bond has been requested by the applicant, the Planning Director shall consult with the relevant City departments and determine that the requested waiver or adjustment will not endanger the public health, safety and welfare and will not injure the appropriate use of adjacent conforming property.

F. Creative Sign Program. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 5.4.3.F.

1. Applicability. Any property owner or business owner in the City that is not otherwise subject to an approved privately enforced sign program is eligible to apply for a creative sign application.

2. Procedures. The Planning Director shall review and make a decision on the application.

3. Criteria for Approval. An application for a creative sign program shall be approved if the Planning Director determines that it meets the following criteria:

i. The sign(s) uses or enhances the architectural elements of the building;

ii. The sign(s) are placed in a logical location in relation to the overall composition of the building façade;

iii. The sign(s) are integrated within and do not cover any key architectural features and details of the building façade; and

iv. The sign is not larger than 100 square feet.

i. Wall signs are centered within an area uninterrupted by doors, windows, or architectural details.

ii. Each sign is designed to be compatible with and relate to the architectural style of the main building or buildings upon the site where the sign is located.

iii. The color(s) of a sign are harmonious and complementary to the colors of the building on or near which it is to be located.

c. Design Quality. The sign(s):

i. Constitute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area;

ii. Be of unique design, and exhibit imagination, inventiveness;

iii. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, proportion and form; and

iv. Contribute to the image of the City by conveying a distinctive character that conveys a strong sense of place.

d. Illumination. The sign(s) use of back-lit or reverse channel letters or message content with halo illumination rather than internally-lit signs where possible.

e. Multiple Signs. Where more than one sign is proposed, all signs a have designs that incorporate the following design elements in a compatible and coordinated fashion:

i. Letter style of copy; components;

ii. Type of construction materials;

iii. Lighting; and

iv. Method used for supporting sign (e.g., wall or ground base).

f. Neighborhood Impacts. The sign(s) shall:

i. Be located and designed not to create adverse impacts on neighboring uses;

ii. Constitute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area; and

iii. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.

g. Sign Materials. The sign(s) maintain attractive and compatible styling so as not to conflict or distract from the architectural character of the area, and the choice of materials and the workmanship in the use of the materials conveys both a sense of quality and creativity.

G. Sign Permit. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.G.

a. No person shall erect, move, re-erect, construct, alter, enlarge, or allow the erection of any sign without first obtaining a Sign Application.

b. No application is required for text changes or changes to the visual content or message on a sign if no structural physical design, sign area, type of sign, or other changes are made.

c. The applicant may seek prompt judicial review of any denial of a sign application pursuant to Rule 106 of the Colorado Rules of Civil Procedure.

2. Procedure. The Chief Building Official shall review and make a decision on the application within 30 calendar days after receiving a complete application.

3. Criteria for Approval. A sign application shall be approved only if:

a. The application complies with all applicable standards for that type(s) of sign in Section 146-4.10 (Signs).

b. The applicant is a contractor licensed by the City. No person other than a sign contractor licensed by the City shall obtain any sign application or install any sign (other than a temporary sign) for which an application is required by this UDO.

c. The property does not contain any illegal signs. No sign application may be issued to a business where any illegal signs are currently displayed in violation of this UDO, except to replace an illegal sign with a legal sign.

H. Fence Permit. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.H.

1. Applicability. This Section applies to all applications to construct or modify a fence or wall for which a building permit is required by the City.

2. Procedure. The Chief Building Official or other City official so designated by the City Manager shall review and make a decision on the application.

3. Criteria for Approval. The application shall be approved if the application complies with the provisions of Section 146-4.7.9 (Fence and Wall Regulations), and other adopted City regulations.

I. Administrative Activity Center Designation. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.I.

1. Applicability. This section applies to all requests by an owner of land located in Subarea C to designate portions of lands zoned R-1 or R-2 so they may be developed pursuant to those UDO regulations applicable to the MU-N or MU-C zone districts.

2. Procedure. The Planning Director shall review and make a decision on the request.

a. The requested land in Subarea C zoned R-1 or R-2 shall be designed to allow development pursuant to those standards applicable to the MU-N zone district, and the City shall indicate that designation on a map where the designation can be viewed in relation to zone district designations, if the Planning Director determines that:

i. The land area is located at the intersection of two platted collector streets or at the intersection of a platted arterial street and a platted collector street; and

ii. The land area is less than ten acres in size; and

iii. The land is not located within one-half mile of another site in Subarea C that is zoned MU-C or designated for development pursuant to MU-C zone district standards, as measured along either of the arterial streets; and

iv. The land is not located within one-quarter mile of another site in Subarea C that is zoned MU-N or designated for development pursuant to MU-N zone district standards, as measured along either the arterial or collector street.

b. The requested land in Subarea C zoned R-1 or R-2 shall be designated to allow development pursuant to those standards applicable to the MU-C zone district, and the City shall indicate that designation on a map where the designation can be viewed in relation to zone district designations, if the Planning Director determines that:

i. The land area is located at the intersection of two platted arterial streets; and

ii. The land area is less than 40 acres in size; and

4. Post Approval Action. If the owner of land that has been designated for development pursuant to as MU-N or MU-C zone district standards pursuant to this Section 146-5.4.3.I and (a) has not begun development of some or all of those lands, and (b) has not obtained approval of a final subdivision plat for development of surrounding lands for duplex residential dwellings, attached single-family residential dwellings, or multifamily dwellings, the owner may file an application to vacate or modify the Master Plan or Site Plan to exclude some or all of those lands from eligibility for development pursuant to MU-N or MU-C zone district standards. Upon receipt of such an application, the Planning Director shall confirm that no development pursuant to the MU-N or MU-C zone district standards has occurred on the land proposed to be excluded, and if so, shall approve the application to redesignate the requested portion(s) of the property back for development pursuant to R-1 or R-2 zone district standards (whichever applied prior to the MU-N or MU-C development designation), and shall revise the map referenced in Subsection 3 above to reflect that change.

J. Commercial Mineral Designation. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.3.J.

1. Applicability. This section provides a procedure to comply with the requirements of C.R.S. § 34-1-301 et seq. "Preservation of Commercial Mineral Deposits," in which the General Assembly declared that the preservation of access to commercial mineral deposits are matters of concern in the populous counties of the state, and restricted development approvals inconsistent with the removal of commercial mineral deposits.

a. The owner of a mineral resource may apply to the Planning Director to have the resource designated as a "commercial mineral deposit."

b. Notice of the application shall be given to the surface owner, if the mineral interest has been severed from the surface estate.

c. The Planning Director shall review and make a decision on the request.

3. Criteria for Approval. A mineral resource shall be designated as a commercial mineral deposit only if Planning Director determines that the definition of a commercial mineral deposit in C.R.S. § 34-1-301 et seq. has been met and all of the criteria in Section 146-Error! Reference source not found. (Error! Reference source not found.) are established by the evidence presented.

4. Post Approval Action. Following the designation of commercial mineral deposit, no use of any area containing a designated commercial mineral deposit shall be permitted in a manner that would interfere with or permanently preclude the extraction of the deposit by an extractor. Written notice of an application for zoning or subdivision of land within an area containing a commercial mineral deposit shall be provided by the applicant to the owner of the underlying mineral interests. (Ord. No. 2025-36 § 7, 04-07-2025; Ord. No. 2021-15 §§ 27, 28, 06-14-2021; Ord. No. 2020-37 §§ 33 – 36, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

5.4.4. FLEXIBILITY AND RELIEF PROCEDURES.

A. Hardship Variance. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.4.A.

a. This Section 146-5.4.4.A applies to all requests for variances from the standards and provisions of this UDO that do not meet the criteria for approval under any other flexibility and relief procedures in Section 146-5.4.4.

b. Hardship Variances under this Section 146-5.4.4.A may not be approved in the APZ I or II zone district.

a. The Planning Director shall review the application and forward a recommendation to the Board of Adjustment and Appeals pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

b. The Board of Adjustment and Appeals shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

3. Criteria for Approval. An application for a general Hardship Variance shall be approved if the Board finds that all of the following criteria have been met.

a. The Hardship Variance is necessary because literal enforcement of the provisions of this UDO will result an unnecessary, and unreasonable hardship to the applicant caused by a unique site condition that is not generally applicable to other lots in the surrounding area; and

b. The need for the Hardship Variance was not knowingly created or created without investigation of UDO provisions by the owner, lessor, or operator of the property; and

c. The grant of the Hardship Variance will not injure the appropriate use of, or the supply of light and air to, adjacent conforming property within the same zone district; and

d. The effect of the granting the Hardship Variance is to allow the applicant development potential similar to, but not greater than, other lots in the same zone district in the surrounding areas.

4. Resubmittal. An application for a Hardship Variance that the Board of Adjustment and Appeals has denied or approved with conditions shall not be resubmitted within one year after such decisions unless a substantial change in the first application has been made, as determined by the Board.

B. Single-Family Dwelling Variance. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.4.B.

1. Applicability. This Section 146-5.4.4.B applies to all applications for a variance from the standards and of provisions of this UDO or to the provisions of Chapter 90 as they relate to the modification of an existing single-family dwelling or the lot on which it is located that do not qualify for approval as a Minor Amendment under Section 146-5.3.15.A. This section may not be used to vary the standards or provisions of this UDO for single-family homes that have not yet obtained a certificate of occupancy or Manufactured Homes that have not yet been installed in accordance with Chapter 90.

a. Planning Director shall review the application and forward a recommendation to the Board of Adjustment and Appeals pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

b. The Board of Adjustment and Appeals shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

3. Criteria for Approval. An application for a single-family dwelling variance shall be approved if the Board finds that the proposed variance will not adversely affect adjacent properties or the surrounding neighborhoods and a majority of the following criteria have been met:

a. The proposed variance results in improved design.

b. The proposed variance does not adversely affect the character of lower density residential areas.

c. The proposed variance will result in development that is compatibility with adjacent land development.

d. The proposed variance will not result in undue or unnecessary burdens on existing infrastructure and public improvements, or arrangements have been made to mitigate those impacts.

e. The proposed variance results in development that achieves internal efficiency for its residents and does not endanger public health or convenience.

f. The proposed variance results in development that controls external effects on nearby land uses, movement and congestion of traffic, noise generated, arrangement of signs and lighting to prevent nuisances, landscaping, and features to prevent detrimental impacts on public health, welfare, safety or convenience.

4. Resubmittal. An application for a Single-family Dwelling Variance that the Board of Adjustment and Appeals has denied or approved with conditions shall not be resubmitted within one year after such decisions unless a substantial change in the first application has been made, as determined by the Board.

C. Historic Landmark and District Adjustments. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.4.C.

1. Applicability. This Section 146-5.4.4.C applies to all requests for deviations from standards applicable to landmarks, landmark sites, and historic districts pursuant to 146-2.6.5 (Historic Protection Overlay (-HPO)) or standards adopted by the Historic Preservation Commission pursuant to that Section, or to other provisions of this UDO applicable to those landmarks, landmark sites, or historic districts.

a. The Planning Director shall review the application and forward a recommendation to the Historic Preservation Commission pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

b. The Historic Preservation Commission shall hold a public hearing and shall make a recommendation to City Council regarding the application pursuant to all applicable provisions of Section 146-5.3.

c. The City Council shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

3. Criteria for Approval. A Historic Landmark/District Adjustment shall only be recommended for approval or shall only be approved if the Council determines that:

a. The adjustment allows a building or site feature that would not be permitted under this UDO but is necessary to preserve the historic character or significance of the affected building, site, or district, and is subject to the same protections and guidelines apply to the remainder of the building or site.

b. The adjustment is drafted to expire at the time the use that created the need for the adjustment or the historical character of the item changes or ceases.

c. The owners or managers of property containing building or site feature permitted by the adjustment have agreed in writing to paint, repair, and otherwise refurbish the permitted features to keep them in good repair and working order, and that failure to maintain the feature may cause the adjustment to be revoked.

D. Major Adjustments. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.4.D.

1. Applicability. This Section 146-5.4.4.D applies to all applications requesting an adjustment to the Development Standards in this UDO, except those involving an existing single-family dwelling and/or the lot on which it is located, that do not meet the applicability criteria for an Administrative Adjustment or Federal Fair Housing Adjustments and do not meet the applicability criteria for a Hardship Variance under Section 146-5.4.4.A.

a. The Planning Director shall review the application and forward a recommendation to the Planning and Zoning Commission pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

b. The Planning and Zoning Commission shall conduct a public hearing on the application and shall make a decision on the application pursuant to all applicable provisions of Section 146-5.3.

a. The adjustment will have no material adverse impact on any abutting lot, or any material adverse impacts have been mitigated by conditions attached to the adjustment; and

b. The adjustment does not violate any conditions of approval specifically applied to development of the property by the Planning and Zoning Commission or City Council; and

c. At least one of the following criteria have been met:

i. The adjustment will result in a perception of development quality as viewed from adjacent streets and abutting lots that is equal to or better than would have been required without the adjustment.

ii. The adjustment will provide options for a more connected neighborhood layout or, for an adjustment for a residential subdivision, the adjustment will result in a neighborhood layout and level of multi-modal connectivity equal or better than would have been required without the adjustment.

iii. The adjustment will result in equal or better screening and buffering of adjacent properties and ground and roof mounted equipment than would have been required without the adjustment.

iv. The adjustment will not result in a material increase in on-street parking or traffic congestion on any local street in any Residential zone district within 200 feet of the applicant’s site; and

v. For an adjustment to the maximum number or area of signs or sign setbacks, the adjustment will have a minimal visual effect on the surrounding neighborhood, and is necessary to compensate for unusual shape or orientation of the lot or to allow sign visibility comparable to, but not exceeding, that available to nearby lots of approximately the same size and shape in the same zone district.

E. Federal Fair Housing Adjustments. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.4.E.

1. Applicability. This Section 146-5.4.4.E applies to all requests that the City provide “reasonable accommodation” or “reasonable modifications” to the provisions of this UDO pursuant to the federal Fair Housing Amendments Act of 1988.

2. Procedure. The Planning Director shall review and make a decision on the application.

3. Criteria. A Federal Fair Housing Adjustment shall only be approved if the Planning Director determines that the adjustment is the minimum change from the provisions of this UDO necessary to comply with the requirements of the federal Fair Housing Act Amendments of 1988 and that the adjustment will not cause a material adverse impact on the surrounding area. The Director shall not be required to approve, approve with conditions, or deny the requested adjustment, but may approve a different adjustment that meets the criteria in the previous sentence.

F. Administrative Adjustments. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.4.F. Decisions to approve an Administrative Adjustment are not appealable, but the decision or approval that includes an Administrative Adjustment is appealable pursuant to Section 146-5.3.13 (Appeals).

a. This Section 146-5.4.4.F authorizes the Planning Director to make administrative adjustments to those development standards listed below as part of other development approvals and applications under this UDO.

Table 5.4-1 Administrative Adjustments
Ordinance Standard	Amount of Variation Permitted from Ordinance Standard
All Permits and Approvals
Maximum or minimum building setbacks	10%
Maximum building height	5% in Residential districts; 10% in other districts
Maximum height of fence or wall	10%
Minimum off-street parking required or maximum off-street parking permitted	5% in Residential districts; 10% in other districts
Additional for Redevelopment Plans
Any development standard in Article 146-5	The minimum amount needed to allow redevelopment of the property given the location of lawfully existing buildings and structures that will remain after redevelopment.
Additional for Signs
Maximum total sign area	10%
Maximum number of signs	2 additional for large scale retail single-tenant use (over 50,000 sq. ft. 1 additional sign for all other uses
Additional for Fences
Location, setback, or height of fences constructed under the Neighborhood Fence Replacement Program	As necessary to allow the replacement fence to comply with requirements of the Neighborhood Fence Replacement Program
Additional for Existing Single-Family Property
Setbacks	10%
Fences	10%
Other property issues identified in Chapter 106 Article III	10%
Additional for Infill Development in Subarea A and –HSO Zone District
Any dimensional standard or design standard related to primary or accessory buildings or structures addressed by the Aurora Infill Handbook	That amount determined by the Planning Director to be consistent with the guidance in the Aurora Infill Handbook
Additional for MU-OA, MU-FB, MU-TOD, and MU-R Zone Districts in Subarea A
Street Frontage Landscape Buffers	That amount determined by the Planning Director as necessary to contribute to achieving the types of pedestrian-friendly, street-oriented development desired in these zone districts.

b. Administrative adjustments may only be used to adjust development standards on a single lot or two adjacent lots to address unique site constraints. All requests for adjustments to development standards for more than two adjacent lots, or for an entire development or subdivision or phase of a development or subdivision must be reviewed as Major Adjustments.

c. In addition to the adjustments listed in this Section 146-5.4.4.F, the Planning Director is authorized to approve alternative compliance with the standards in Section 146-4.7.5 (Required Landscaping) pursuant to Section 146-4.7.5.S (Alternative Compliance).

d. Touch Rule. Projects that involve expansions of existing land uses or buildings, or that include a major conversion of use among major use categories, but that do not include the construction of new primary buildings, shall be required to bring the property into compliance with the standards in Sections 146-4.6.5 (Parking Design and Location), 146-4.6.6 (Off-Street Loading Areas), 146-4.6.7 (Drive-Through Stacking Areas), 146-4.7 (Landscape, Water Conservation, Stormwater Management), 146-4.8 (Building Design Standards), and 146-4.9 (Exterior Lighting) as follows:

Degree of Building or Land Use Expansion	Subarea	Degree of Compliance Required
Less than 10% of existing gross floor area or 2,500 gross square feet, whichever is less	A, B, C	No compliance with above-referenced sections required for portions of the site remaining unoccupied by expanded building or land use
10% to 100% of existing gross floor area or 2,500 to 10,000 gross square feet, whichever is less	A	All portions of the building and site modified by the expansion shall be brought into compliance with the above-referenced sections
10% to 50% of existing gross floor area or 2,500 to 10,000 gross square feet, whichever is less	B, C
More than 100% of existing gross floor area or more than 10,000 gross square feet, whichever is less	A	All portions of the building and site shall be brought into compliance with the above-referenced sections
More than 50% of existing gross floor area or more than 10,000 gross square feet, whichever is less	B, C
Building Use Conversion	Subarea	Degree of Compliance Required
Conversion of primary building use from residential to nonresidential, or from nonresidential to residential, as shown in Table 3.2-1.	A	All portions of the building and site modified by the conversion shall be brought into compliance with the above-referenced sections, except that compliance with Section 146-4.8 (Building Design Standards) only required to maximum extent practicable
	B, C	All portions of the building and site modified by the conversion shall be brought into compliance with the above-referenced sections

For the purposes of applying this touch rule, all expansions shall be measured cumulatively from the effective date.

2. Procedure. There is no separate procedure for an Administrative Adjustment. Instead, applicants under Sections 146-5.4.3.B (Site Plans), or 146-5.4.2 (Subdivision of Land) may include a request for an Administrative Adjustment with those applications.

a. The adjustment allows improved site or building design elements to be incorporated that are more consistent with the surrounding context; and

b. The adjustment will adjust permitted development standards for no more than two adjacent lots; and

c. The adjustment addresses a unusual site constraint or unusual requirement of the proposed use or building that is not common to other lots, uses, or buildings in the surrounding area; and

d. The adjustment will have no material adverse impact on any abutting lot, or any material adverse impacts have been mitigated by conditions attached to the adjustment; and

e. The adjustment does not violate any conditions of approval specifically applied to development of the property by the Planning and Zoning Commission or City Council.

f. For an adjustment to the maximum number or area of signs or sign setbacks, the adjustment will have a minimal visual effect on the surrounding neighborhood, and is necessary to compensate for unusual shape or orientation of the lot or to allow sign visibility comparable to, but not exceeding, that available to nearby lots of approximately the same size and shape in the same zone district; and

g. For an adjustment to the height, setback, or location of fences constructed under the Neighborhood Fence Replacement Program, the adjustment is necessary to comply with the requirements of that program while allowing the fence to match an existing run of fences along the same side of the same street alignment without reducing the back yard depth of lots adjacent to the fence. (Ord. No. 2020-37 §§ 37, 38, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

5.5.1. GENERAL PROVISIONS.

A. It is the general policy of the City to permit the continued use, sale, leasing, operation, and maintenance of nonconforming uses, structures, lots, site features, and sign features unless the nonconformity creates a danger to the public health and safety, or unless this UDO limits that continued use, operation, or maintenance.

B. If the City or another governmental or quasi-governmental entity obtains land through the use of eminent domain, or through transfer completed through negotiations to avoid the use of eminent domain, and the result is a parcel of land that does not meet the minimum lot size, minimum lot dimensions, or maximum lot coverage requirements for the zone district(s) where the property is located, the property shall be considered to be in conformity with the provisions of this UDO, unless the Planning Director determines that the nonconforming aspects of the property create a threat to the public health and safety.

C. Single-family detached dwelling units and their accessory structures built before the Effective Date are conforming and are not subject to the requirements of this Section 146-5.5. Any addition to such structures must comply with all applicable provisions in the zone district(s) where the property is located. (Ord. No. 2019-49 § 1, 08-19-2019)

5.5.2. NONCONFORMING USE.

1. A nonconforming use may continue to be used in its current location, and the business or entity operating the nonconforming use may be sold, leased, or operated by a new owner, lessee, or operator in its current location, subject to other limitations in this Section 146-5.5.

2. The right to continue a nonconforming use does not include the right to relocate the use to a new lot. A land use that is relocated to a new lot loses its nonconforming status.

1. A nonconforming use located inside an enclosed single-tenant structure may be expanded to occupy the entirety of the existing single-tenant structure where it is located, but the existing structure may not be enlarged to accommodate an expansion of the nonconforming use.

2. A nonconforming use located inside an enclosed multi-tenant structure shall not be expanded to occupy additional tenant space that it did not occupy when it became nonconforming.

3. Any portion of a nonconforming use located outside of an enclosed structure may not be expanded to occupy any portion of the lot that it did not occupy when it became nonconforming, and cannot be expanded to occupy any lands contiguous with the lot it occupied when it became nonconforming.

C. Restarting after Discontinuance. If a nonconforming use is discontinued for a period of one year or more, it may not be restarted in that location.

D. Replacement. A nonconforming use may be replaced by a conforming use or by a nonconforming use that the Planning Director determines will have fewer adverse impacts on surrounding properties. (Ord. No. 2019-49 § 1, 08-19-2019)

5.5.3. NONCONFORMING STRUCTURE.

1. A nonconforming structure may continue to be used in its current location, and the structure may be sold or leased to a new a new owner or lessee in its current location, subject to other limitations in this Section 146-5.5.

2. The right to continue a nonconforming structure does not include the right to relocate the structure to a new lot. A nonconforming structure that is relocated to a new lot loses its nonconforming status and may only be relocated to a lot where it is a conforming structure.

1. A nonconforming structure may only be expanded if the expansion area conforms with all applicable provisions in the zone district(s) where the property is located.

2. No expansion of a nonconforming structure shall increase the degree of nonconformity of the building. Without limiting the generality of the previous sentence, no structure wall that does not comply with applicable setbacks shall be expanded horizontally unless the expansion complies with applicable setbacks.

C. Routine Repairs and Maintenance. A nonconforming structure may be maintained and repaired so as to maintain or improve the safety of building occupants or the appearance of the building when viewed from public streets or abutting properties.

1. A nonconforming structure that has been damaged by fire, flood, wind, or other natural forces may be restored in the location it occupied immediately before the damage, and to the size, height, and building footprint that existed immediately before the damage provided that:

a. All repair and restoration work comply with the building code; and

b. Repair and restoration work begin with six months after the damage and is completed within 12 months after the date on which the repair and restoration work began.

c. If other requirements of this Section 146-5.5.3.D are met, the owner or operator of any nonconforming use that existed in the structure prior to the damage may restart that use following repair and restoration work, provided:

i. The period of discontinuance of the use is no longer than two years; and

ii. The use does not create adverse environmental impacts, or mitigates those impacts on site to the maximum extent practicable.

2. A nonconforming structure that has been damaged by fire, flood, wind, or other natural forces, and in which the costs of repairing the damage exceed 50 percent of the fair market value of the structure immediately before the damage, may only be repaired or restored if the repairs or restoration result in a structure that conforms to the standards for the zone district(s) where it is located.

3. A nonconforming structure that according to the Planning Director requires demolition due to neglect shall not be permitted to be restored or rebuilt unless it complies with all standards of this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

5.5.4. NONCONFORMING LOT.

A lot that was platted before the Effective Date and that does not meet the requirements of the zone district(s) in which it is located may be used for any permitted use in that zone district(s), provided the structure in which the use is operated complies with the following standards.

A. Subarea A. In Subarea A, the structure shall comply with all applicable standards in Section 146-4.2 (Dimensional Standards) for the zone district(s) where the property is located, except that required building side setbacks shall be reduced and maximum lot coverage shall be increased in the same proportion that the actual lot size bears to the required minimum lot size in that zone district. For example, if the actual lot size is 80 percent of the required minimum lot size, required side setbacks shall be 80 percent of those required by Section 146-4.2 (Dimensional Standards).

B. Subareas B and C. In Subareas B and C, the structure shall comply with all applicable standards in Section 146-4.2 (Dimensional Standards) for the zone district(s) where the property is located. (Ord. No. 2019-49 § 1, 08-19-2019)

5.5.5. NONCONFORMING SITE FEATURE.

A. Continuation. A developed lot that contains site features – for example, parking areas that do not comply with the standards of Section 146-4.6 (Parking, Loading, and Stacking), or landscaping that does not comply with the standards of Section 146-4.7 (Landscape, Water Conservation, Storm water Management), outdoor lighting that does not comply with the standards of Section 146-4.9 (Exterior Lighting), or accessory structures that do not meet the height, size, or location standards in this UDO may continue to be used in its current condition, and the site feature nonconformity shall not affect an applicant’s ability to alter the use or land or structures on the lot in other ways permitted by this UDO, except as stated in this Section 146-5.5.5.

B. Expansion. If the primary structure on a lot is increased by 25 percent or more, measured cumulatively from the Effective Date of this UDO, the existing off-street parking on the lot shall be increased by the amount required by Section 146-4.6 (Parking, Loading, and Stacking) for the expansion area, and all required new parking areas shall comply with the standards in Section 146-4.7 (Landscape, Water Conservation, Storm water Management). Any outdoor lighting installed in required new parking areas shall comply with the standards in Section 146-4.9 (Exterior Lighting). (Ord. No. 2019-49 § 1, 08-19-2019)

5.5.6. NONCONFORMING SIGN.

The right to operate and maintain any nonconforming sign shall terminate upon the occurrence of any one of the following conditions, unless such sign is brought into conformance with the standards in Section 146-4.10 (Signs):

A. Any change is made to the structure or physical characteristics of the sign;

B. A request is made for a permit to change the sign; or

C. A Site Plan or Site Plan Major Amendment for the property containing the nonconforming sign is approved by the City. (Ord. No. 2019-49 § 1, 08-19-2019)

5.6.1. VIOLATIONS.

Each of the following actions, or inaction when action is required, is a violation of this UDO, and is subject to enforcement and the imposition of penalties as shown in Article 1-3 of the Aurora City Code, or Sections 146-5.6.2 (Enforcement) or 146-5.6.3 (Penalties).

A. Failure to comply with any standard, regulation, of requirement of this UDO or any regulation adopted by a City department or agency under authority granted by this UDO.

B. Failure to comply with any condition attached to a permit or approval by the City under this UDO.

C. Engaging in the division of land for sale or development in any way that does not comply with the standards, criteria, and procedures for approval of a Subdivision of Land under this UDO.

D. Transferring title to any lot, tract, or parcel of land before any subdivision plat required for this UDO has been approved and the approved plat has been filed with the County Clerk and Recorder for the county or counties in which the property is located.

E. Submitting for recording with any County Clerk and Recorder any subdivision plat that has not been approved under this UDO.

F. Obtaining a permit or approval under this UDO through submittal of inaccurate or misleading information, or through making inaccurate or misleading statements at a public hearing, regarding the proposed development, the conditions of the land on which the proposed development is located, or conditions on adjacent parcels.

G. Obstructing or removing any notice required to be posted or otherwise given under this UDO.

H. Failing to operate and maintain property or to properly secure sites where construction has been abandoned, as required by Section 146-4.11 (Operating and Maintenance Standards).

I. Creating or maintaining a public nuisance in violation of Chapter 62, Article II of the Aurora City Code.

J. Failure of a structure or other development to be fully compliant with the provisions of Sections 146-2.6.1 (Flood Protection Overlay (-FPO)), as those requirements may have been adjusted by an approved variance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 C.F.R. Sections 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

K. Placing, using, permitting, or allowing a donation collection bin to be placed or allowed to remain on a property without a donation collection bin permit, or permitting or allowing operation of a bin that is not in compliance with any requirement of this UDO, any of which actions are detrimental to the public health and safety.

L. Failing to maintain or keep in good repair any donation collection bin, including without limitation failing to promptly remove graffiti or failing to repair any part of the bin that is missing, broken, damaged, or deteriorated.

M. Failing to maintain the area around any donation collection bin, including without limitation, the prompt removal of dumped items.

N. To continue any violation as defined in Subsections A through M above, with each day of continued violation to be considered a separate violation for purposes of charging of any ordinance violations and computing cumulative penalties. (Ord. No. 2019-49 § 1, 08-19-2019)

5.6.2. ENFORCEMENT.

A. Responsibility. The Director of Neighborhood Services shall be responsible for enforcement of this UDO except as indicated in Subsection 2 below, and for inspections of property to determine violations of this UDO through the employment of inspectors who are vested with the powers of enforcement.

B. Inspections. Upon presentation of proper credentials, including a warrant, an authorized employee or agent of the City may enter at reasonable times any building, structure, or premises in the City to perform inspections of potential violations of this UDO.

C. Remedies are Cumulative. The City may use any or all of the powers listed in this Section 146-5.6.2, in any order, to enforce the provisions of this UDO. The selection of any methods of enforcement does not restrict the power of the City to choose an additional or different form of enforcement in the future.

1. Withholding of a Building Permit or Certificate of Occupancy. No building permit or final certificate of occupancy shall be issued for any building or structure that does not fully comply with the provisions of this UDO. Nothing in this UDO shall be waived or superseded by the wrongful or erroneous issuance of a building permit, business license, or certificate of occupancy.

a. If the City has issued some permits or approvals for a development or subdivision, but additional permits or approvals are needed for completion of the project, and the City determines that there have been violations of this UDO related to those permits or approvals already granted, the City may withhold later permits or approvals for the development until the violations have been corrected.

b. As an alternative to withholding of permits or approvals, the City may issue later permits or approvals subject to conditions that the existing violations be cured within a stated period of time.

3. Withholding of Water Taps or Water Service. The City may refuse to issue water taps for the development where the violation exists, and/or may withhold water service to that development, until the violation is cured.

4. Revocation of Permits or Approvals. The Planning Director may revoke any permit or approval under this UDO if the Director determines that the permit or approval has been issued in error, or that the site development, land uses, or structures authorized by that permit or approval have been established or constructed or are being maintained in violation of this UDO.

a. Where the violation of this UDO is an illegal sign or a temporary structure, the City may remove the sign or temporary structure after giving the property owner 10 calendar days written notice of its intent to do so.

b. As an exception to Subsection 5.a. above, if the Public Works Director determines that the sign or temporary structure is a threat to public health or safety, or if the violation is the third or more violation of an illegal sign and/or temporary structure on the same property, then the Planning Director or Public Works Director may order the immediate removal of the sign.

c. When removal of a sign is required, the entire sign and all supporting structures shall be removed. Signs painted directly on an exposed brick, stone, or concrete wall shall be removed by a process that strips the entire sign from the wall, not by painting over the sign.

d. Signs placed in medians, parks, open space areas, on any traffic control device, in any rights-of-way without authorization, or in a manner impairing traffic or pedestrian visibility are illegal and are subject to immediate removal by the City without notice.

e. Regardless of whether the procedure in Subsection 5.a. or 5.b. above is followed, following the removal of the illegal sign or temporary structure, the City shall provide the property owner written notice of its removal and the property owner’s right to obtain the sign or temporary structure from the City. The City shall retain the illegal sign or temporary structure for at least 30 days, and shall thereafter have the right to destroy or dispose of the sign or illegal structure without liability to the property owner, the owner of the sign or structure, or any other person.

f. Any costs incurred by the City in removing an illegal sign or temporary structures may be collected from the owner of the property on which the illegal sign was posted. The Planning Director shall determine the costs incurred for repair or removal of the illegal sign or temporary structure, and shall notify the owner or occupant of the premises of the amount of those costs. If the owner or occupant shall fail within 30 calendar days after the notification to pay the entire costs and expenses of such repair or removal, the City shall certify those costs to the County Treasurer for the county in which the property is located, and those costs shall become a lien against the property. The amount certified by the Director of Finance to the County Treasurer for collection shall include the actual cost of repair or removal of the sign, plus any costs associated with any penalty and interest for the cost of collection.

6. Suspension of Licenses. The City may suspend the license of the builder, contractor, or subdivider responsible for the violation.

7. Stop Work Order. With or without revoking permits, the City may issue a stop work order or a notice of violation requiring the property owner and its agents and contractors to stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this UDO or of a permit or approval issued under this UDO.

8. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

9. Injunctive Relief. If the Planning Director or the Director of Public Works determines that irreparable harm or injury may result to person or property by the continued violation of this UDO, the Planning Director may request the City Attorney to seek injunctive relief in a court of proper jurisdiction.

10. Article 1-13 Powers

The City may use any powers and procedures listed in Article 1-13 of the Aurora City Code to enforce this UDO.

11. City Abatement and Recovery Costs

When a violation of this UDO or a failure to complete construction or improvements required by this UDO creates a nuisance or a hazard to public health or safety, the City may correct the violation or abate the nuisance or hazard itself and recover the costs of such abatement from the owner of the property in any manner permitted by law.

12. Others Permitted by Law

The City may use any other powers permitted by Colorado law to enforce this UDO, the terms and conditions of any permit or approval issued pursuant to this UDO, or the violation of any regulation issued based on authority granted in this UDO.

i. In the case of violations of this UDO that do not constitute an emergency or an immediate threat to public health or safety, the City may give written notice of the nature of the violation to the occupant (other than the resident of an apartment in a multifamily residential or mixed-use structure), property owner, or any applicant for any relevant permit. Notice may be provided by:

(a) Delivering a copy of the notice to the occupant (other than the resident of an dwelling unit in a multifamily residential or mixed-use structure), property owner, or the holder of the permit or approval, mail return receipt requested, to the last-known post office address of the property owner or holder of the permit; or

(b) Leaving a copy of the notice with any agent of the premises and mailing a copy to the property owner as shown in the real estate records; or

(c) If no person can be found on the premises, affixing a copy of the notice in a conspicuous place at or near the entrance to the property or primary structure on the property.

ii. Violation notices shall state the nature of the violation, and the time period for compliance, and may also state the corrective steps necessary to ensure compliance with the Ordinance and the types of additional enforcement steps and/or penalties that the City may use if the violation is not corrected within the stated time.

i. Unless otherwise stated in this UDO, the notice of violation shall generally allow the occupant, property owner, or permit holder 10 calendar days from the date of the notice to correct the violation before further enforcement action may be taken. However, the Planning Director may provide a longer period for compliance if the Director determines that the nature of the violation or other unique circumstances make it unlikely that the violation can be corrected within 10 calendar days. Similarly, the Director may allow a shorter time period if the Director determines that the violation can be corrected in less than 10 calendar days, or if the violation involves a temporary use or structure that will be used or will occur in less than 10 calendar days from the date on which the notice of violation is provided, or if the violation is associated with a property deemed to be a chronic violator by the Neighborhood Support Division.

ii. The Planning Director may extend the time permitted to correct a violation of this UDO upon receipt of written evidence that the required correction has been started and is being diligently pursued, and that it is impossible or impracticable to complete the correction within the time period stated in the notice of violation.

c. Summons to Municipal Court. Violations not corrected within the required timeframe may be subject to summons to appear in municipal court and subject to additional penalties.

2. Emergency Matters. In the case of violations of this UDO that constitute an immediate threat to public health and safety, or an emergency situation with the potential to create substantially increased problems, costs, or liabilities for the City if not remedied immediately, the City may use the enforcement powers available under this UDO without prior notice. In such cases, the City shall give notice simultaneously with the beginning of its enforcement action or as soon as possible after beginning enforcement action. Notice may be provided to the property owner or to the holder of any approval or permit under which the violation has occurred. (Ord. No. 2019-49 § 1, 08-19-2019)

5.6.3. PENALTIES.

A. Unless a violation of this UDO is by its nature uncorrectable or irreversible, each day of continued violation shall constitute a separate violation.

B. Any violation of this UDO shall be punishable in accordance with the penalty as set forth in Section 1-13 of the Aurora City Code.

C. Any violation of this UDO that is determined to be a public nuisance is subject to those penalties in Chapter 62, Article II, of the Aurora City Code.

D. An applicant that has had a temporary outdoor food and/or merchandise special use permit revoked may not apply for another permit within one year of the revocation. (Ord. No. 2019-49 § 1, 08-19-2019)

Aurora City Zoning Code

ARTICLE 146

5 Zoning and Subdivision Procedures

5.2 Summary Table of Procedures

Table 5.2-1

Summary Table of Procedures

=Notice Required R=Review D= Decision A=Appeal C=Call-up < > = Public Hearing Required

Sec 146-

Notice Required

Meeting Required

Review, Decision, and Appeal Authority

Published

Mailed

Posted

City Website

First Review

Neighborhood

Director

Adjustment and
Appeals

Historic
Preservation

Planning and
Zoning Commission

City Council

Table 5.2-1 Summary Table of Procedures =Notice Required R=Review D= Decision A=Appeal C=Call-up < > = Public Hearing Required
	Sec 146-	Notice Required				Meeting Required	Review, Decision, and Appeal Authority
		Published	Mailed	Posted	City Website	First Review Neighborhood	Director	Adjustment and Appeals	Historic Preservation	Planning and Zoning Commission	City Council
Plan, Ordinance, and Map Changes
Comprehensive Plan Adoption or Amendment	5.4.1.A						R			<R>	<D>
Annexation and Disconnection	5.4.1.B						R				<D>
Ordinance Text Amendment	5.4.1.C						R			<R>	<D>
Zoning Map Amendment	5.4.1.C						R			<R>	<D>
Historic Landmark/District Designations or Loss of Designation	5.4.1.D						R		<R>		<D>
Master Plan	5.4.1.E						R			<D>	<A> <C>
Subdivision of Land
Neighborhood Plan	5.4.2.A.2.a						D				<A> <C>
Final Plat	5.4.2.A.2.b						D				<A> <C>
Vacation of Plat Without Established Streets	5.4.2.B.2						D				<A> <C>
Vacation of Established Street	5.4.2.B.3						R				D
Development Applications
Conditional Use	5.4.3.A						R			<D>	<A> <C>
Site Plan	5.4.3.B						D				<A> <C>
Redevelopment Plan	5.4.3.B.3						D			<A>	<A> <C>
Floodplain Development Permit	5.4.3.C	See Article 70, Aurora City Code
Historic Landmark/District Development Application	5.4.3.D						D		R		<A> <C>
Temporary Use Permit	5.4.3.E						[2]				<A> <C>
Creative Sign Program	5.4.3.F						D				<A> <C>
Sign Permit	5.4.3.G						D				<A> <C>
Fence Permit	5.4.3.H						[3]				<A> <C>
Administrative Activity Center Designation	5.4.3.I						D				<A><C>
Commercial Mineral Designation	5.4.3.J						D				<A><C>
Flexibility and Relief
Hardship Variance	5.4.4.A						R	<D>
Single-Family Dwelling Variance	5.4.4.B						R	<D>
Historic Landmark/District Adjustments	5.4.4.C						R		<R>		D
Major Adjustments	5.4.4.D						R			<D>	<A> <C>
Federal Fair Housing Adjustment	5.4.4.E						D				<A> <C>
Administrative Adjustment	5.4.4.F						D	<A>[4]		<A>[4]	<A> <C>
Notes:
[1] Reserved. [2] Decision is made by City Manager’s Office and City Clerk. [3] Decision is made by Chief Building Official. [4] An appeal of an Administrative Adjustment related to an existing single-family dwelling shall be heard by the Board of Adjustment and Appeals, and thereafter may only be appealed to the courts. An appeal from other types of Administrative Adjustment shall be heard by the Planning and Zoning Commission and may thereafter be heard by City Council.