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Aurora City Zoning Code

ARTICLE 49

III MISCELLANEOUS PROVISIONS

49-900 Interpretation; Purpose And Conflict

  1. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of safety, health, convenience, comfort, prosperity, and general welfare. It is not intended by this ordinance to interfere with, abrogate, annul, or repeal any ordinances, rules or regulations previously adopted, and not in conflict with any of the provisions of this ordinance, or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties except that where this ordinance imposes a greater restriction upon the use of land, buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by such other ordinances or such other easements, covenants or agreements, the provisions of this ordinance shall control.

49-901 Fees

Fees shall be required as determined, from time to time, by separate ordinance or resolution of the city council.

49-902 Penalties

  1. Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00), for each offense, and each day of the existence of any violation shall be deemed a separate offense.
  2. The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained, contrary to any of the provisions of this ordinance is hereby declared to be a violation of this ordinance and unlawful. The zoning administrator, immediately upon any such violation having been called to his attention, [shall] institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be especially damaged by any violation of this ordinance.
  3. The remedy provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

49-903 Validity

  1. Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

49-904 When Effective

  1. All provisions of this ordinance shall become effective ten (10) days after the publication date of said ordinance and its regulations shall be in effect except where a building permit has been issued or a deviation has been granted prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the permittee under the provisions of the permit or deviation issued have occurred. Applications for permits and petitions for appeals under the old ordinance shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance.

49-905 Repeal And Saving Clause

  1. That all ordinances, and especially Ordinance No. 2250, or parts of ordinances in conflict herewith be and the same are hereby repealed, insofar as such conflict exists.

49-906 Authority To Sign

  1. That upon the refusal or failure of the mayor to sign this ordinance after adoption thereof by the city council, then any two (2) city commissioners are hereby empowered and directed to sign this ordinance in his stead.

49-907 Title And Application [Publication]

  1. Title.
    1. This ordinance shall be known as "Zoning Ordinance, City of Aurora, Illinois" and is hereby ordered to be printed in book or pamphlet form, and said ordinance in such form is hereby authorized to be published by the authority of the City Council of the City of Aurora, Counites of Kane, DuPage, Will and Kendall, Illinois.
  2. Adoption.
    1. Presented to the Council of the City of Aurora, Illinois, this 28th day of October, A.D. 1957.
    2. Passed by the Council of the City of Aurora, Illinois, this 4th day of November, A.D. 1957.
    3. And from time to time amended, pursuant to the provisions herein, being last amended by the Council of the City of Aurora, Illinois with Ordinance Number O19-072 approved on the 22th day of October, A.D. 2019