Aurora City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.295 PERMITS REQUIRED.
No building or other structure may be erected, moved, added to. or structurally altered, nor shall any building, structure, or land be established or changed in use or character without a permit. The improvement location permit, hereafter called a zoning permit shall be issued by the Planning Director or his or her designee pursuant to plot plan review or site plan review as set forth in this order. All zoning permits issued under plot plan review or site plan review shall be issued only in conformity with the provisions of this subchapter unless the Planning Director receives a written order from the Board of Zoning Appeals deciding an appeal, conditional use, variance, or special exception.
(Ord., passed - -79; Am. Ord. 2015-013, passed 12-28-15)
§ 152.296 REQUIREMENTS OF ZONING PERMIT APPLICATIONS.
The owner, or applicant seeking a permit shall obtain and complete an application for a zoning permit on a form prescribed by the Plan Commission and follow the criteria set forth under plot plan review and site plan review, as applicable.
(Ord., passed - -79; Am. Ord. 2015-013, passed 12-28-15)
§ 152.297 FAILURE TO OBTAIN ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.
Failure to obtain a zoning permit and a certificate of occupancy shall be a violation of this subchapter and will be punishable under the provisions of this chapter.
(Ord., passed - -79; Am. Ord. 2015-013, passed 12-28-15) Penalty, see § 152.999
§ 152.298 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPROVED ZONING PERMIT.
Zoning permits are issued by the Department of Planning and Zoning, on the basis of the application and plans that have been submitted, and approved, and authorize only the use, arrangement, and construction that has been set forth in the approved application and plans. Any other use, arrangement, or construction, contrary to that authorization shall require a revised permit that complies with all requirements or it will be considered a violation of this subchapter and be punishable under the provisions of this chapter.
(Ord., passed - -79; Am. Ord. 2015-013, passed 12-28-15)
§ 152.299 REMEDIES COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this subchapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall fully, and accurately, state the causes and basis of the alleged violation, as well as the specific location, and shall be filed with the Planning Director or his or her designee. The Planning Director or designee shall investigate the complaint in a timely manner and, if warranted, take action thereon as provided by this subchapter.
(Ord., passed - -79; Am. Ord. 2015-013, passed 12-28-15)
§ 152.300 INSPECTION OF PROPERTY; RIGHT-OF-ENTRY.
(A) The Planning Director and/or his or her designee are authorized to make inspections of all land that is located within the city in order to enforce the zoning ordinance and land use regulations. The Planning Director and/or his or her designee shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out the duties in the enforcement of this subchapter, unless the owner or occupant of the premises refuses to permit entry for these purposes. In the event of said refusal, the Planning Director and/or his or her designee shall seek the appropriate legal remedy to allow access to the property.
(B) Procedures and violations. If the Planning Director or designee determines that a violation exists, a written notice shall be given to the person(s) responsible for ownership of the property with the alleged violation, by certified mail. The notice shall describe the details of the alleged violation and the reasons believed that the violation exists. The notice shall also contain corrective actions and a definitive timeline of compliance, as required by the subchapter.
(C) Pending violations. If a violation is pending, the alleged violator cannot obtain any other benefits of this ordinance on the property where the violation is still pending. No permits will be issued to the alleged violator until the resolution of the pending violation.
(D) Penalties for violations. Any person who violates any provisions of this subchapter shall upon conviction be fined not less than $10 and not more than $300 for each offense. Each day that the violation exists shall constitute a separate offense. Violations of this subchapter that occur because a permit was not applied for or issued shall result in a doubling of the permit fee.
(E) Compliance with regulations.
(1) The regulations for each district set forth by this subchapter, shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as otherwise provided in this subchapter. Further the following provisions apply:
(a) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall be erected or altered to:
1. Provide for greater height or area;
2. Accommodate or house a greater number of families; or
3. Have narrower or smaller, rear yards, front yards, side yards, or other open spaces than is required, or in any other manner be contrary to the provisions of this subchapter.
(c) No yard or lot existing at the time of passage of this subchapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date, of this ordinance shall meet at least the minimum requirements set forth herein.
(2) It shall be the duty of the Plan Commission's Attorney to prosecute such violations of this subchapter as may be brought to his attention and which violation shall be considered worthy of prosecution in the opinion of such Prosecutor.
(3) The Plan Commission, Board of Zoning Appeals, Planning Director, or any concerned person of the City of Aurora, Indiana, may institute a suit for injunction in any court having jurisdiction to restrain an individual or a governmental unit from violating the provisions of this subchapter. The Plan Commission, Board of Zoning Appeals, Planning Director, or any concerned person of the city, may also institute a suit for a mandatory injunction in any court having jurisdiction directing any person, persons or governmental unit to remove a structure erected in violation of the provisions of this subchapter.
(4) The Plan Commission, Board of Zoning Appeals, Planning Director, or any concerned person of the city, not withstanding the above provisions, shall be permitted to otherwise enforce this subchapter by invoking any legal, equitable, or special remedy provided by law.
(F) Schedule of fees, charges and expenses. This Plan Commission shall establish a schedule of fees, charges, and expenses that are required and shall be posted in the Department of Planning and Zoning. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 2015-013, passed 12-28-15)
§ 152.301 INTENT OF PLOT PLAN REVIEW FOR IMPROVEMENT LOCATION PERMITS.
(A) The purpose of this subchapter is to provide plot plan, regulations that will enhance the improvement location permitting process under the provisions of the preceding sections of this order. Plot plans are required for single-family residential uses, additions, accessory uses, and any other structure that requires an improvement location permit.
(B) Authority of plot plan review for improvement location permits.
(1) The purpose of plot plan review is to protect the public health, safety and general welfare of the city. The provisions and requirements in this chapter are written and shall be administered, to ensure orderly growth and development of the city. No building shall be erected, expanded or improved, on any lot, site, or parcel for uses where plot plan review is required except in accordance with the regulations in this zoning ordinance and with the requirements stated in this chapter. All such plot plans shall be reviewed by the Department of Planning and Zoning and a determination either approving or rejecting such plans shall be made in accordance with the requirements of this chapter and other applicable, chapters of this order.
(2) The Department of Planning and Zoning shall not be permitted to reject any plot plan, which is in full conformance with the requirements, terms and conditions of this chapter and zoning ordinance. Nor can additional regulations be imposed which are not included within this order. All approved plot plans shall be binding upon the applicant, property owner, developer, or their successors and shall limit the development or project to the construction work as shown on the approved plot plan and to all conditions and limitations for such plans agreed to by the applicants. Amendments or changes to the approved plot plans shall be subject to the provisions of Chapter 152.
(C) Procedure. Before submitting an application for Plot Plan Review each applicant, property owner, or developer is encouraged to read the following categories to determine which level the construction proposal matches. If a determination cannot be ascertained the applicant is encouraged to have a pre-application meeting with the City of Aurora Plan Commission staff.
(1) Minor plot plan. A plot plan that requires no significant exterior utility construction (e.g., storm sewer, water, sanitary sewer, etc.), and no status as a residential living unit. Typically this review pertains to the construction of accessory uses, minor additions, swimming pools, ponds, etc.
(2) Major plot plan. A plot plan that involves significant exterior utility construction (e.g., storm sewer, water, sanitary sewer, septic sites, etc.), and buildings constructed as a residential living unit. Typically this review pertains to the construction of a single family residence, mobile home, and manufactured home. The Planning Director or Designee will determine the allowable distance from flood zones A and B that are exempt from flood certification.
(D) Application and approval.
(1) An applicant, property owner, or developer is required to file an application with the City of Aurora Department of Planning and Zoning. Action in the form of approval or denial of a minor plot plan or major plot plan by the Plan Commission's staff shall occur within seven working days of when the plan is officially submitted to the Department of Planning and Zoning's Office in complete form. Any incomplete plot plan or application may result in delays.
(2) An appeal of the staff denial of a minor/major plot plan is possible before the Board of Zoning Appeals at its next regularly scheduled meeting after written notification is made by the applicant to the Planning Director within 30 calendar days of the staff denial. The Board of Zoning Appeals shall make final action for approval or denial on the appeal of a minor/major plot plan. Reasons for denial of a minor/major plot plan by the Board of Zoning Appeals shall be given to the applicant in written form.
(E) Plot plan requirements.
(1) All minor plot plans submitted to the City of Aurora Plan Commission shall be in accordance with this chapter and shall contain the following information:
(a) A complete and accurate application form;
(b) In order that all the required plot plan information be properly documented and correctly designed, it is necessary that all plot plans be drawn to a scale that allows all improvements and notes to be legible. Digital plans are preferred. Paper copies of plans should be submitted on standard paper sizes either 8 ½ x 11 or 11 x 17. All plans larger than 11 x 17 must be submitted in an acceptable digital format (such as a .jpeg or .pdf file);
(c) A graphic scale shall be noted on the plot plan along with the date and north arrow;
(d) Property boundaries/location reference(s);
(e) Location of all public and private streets and/or private lanes, as well as the location and width of proposed driveway entrances on the subject property;
(f) Label and locate all existing and proposed structures;
(g) Approximate location of all known utilities and associated easements (e.g., sewer lines, water lines, septic tanks, electric lines, gas lines, and so on). All applicants are advised to call 811, “Call-Before-You-Dig.”
(h) Distances from the corners of the proposed structure(s) to the appropriate property lines-sufficient to determine that all required setbacks, including those from easements and the identified floodplain, have been met. Setbacks/distances from the proposed improvement(s) to any septic field or tank area within 50 feet must be identified/shown on the plot plan provided to the Department of Planning and Zoning as a part of this process, to illustrate conformance with Chapter 152 of the zoning ordinance.
(2) All major plot plans submitted to the City of Aurora Plan Commission in accordance with this chapter shall contain the following information:
(a) A complete and accurate application form;
(b) In order that all the required plot plan information be properly documented and correctly designed, it is necessary that all plot plans be drawn to a scale that allows all improvements and notes to be legible. Digital plans are preferred. Paper copies of plan should be submitted on standard paper sizes-either 8 ½ x 11 or 11 x 17. All plans larger than 11x17 must be submitted in an acceptable digital format (such as a .jpeg or .pdf file). In situations where the scaled lot is larger than the preferred paper size a large scale plot plan with a close up view of the major features is acceptable;
(c) A graphic scale shall be noted on the plot plan along with the date and north arrow;
(d) Property boundaries/location reference(s);
(e) Location of all public and private streets and/or private lanes, as well as the location and width of proposed driveway entrances on the subject property;
(f) Recorded easements identified;
(g) Label and locate all existing and proposed structures;
(h) Exterior dimensions of structure (including decks or porches and overhang measurements);
(j) Distances from the corners of the proposed structure(s) to the appropriate property lines-sufficient to determine that all required setbacks, including those from easements and the identified floodplain, have been met;
(k) Location of structures on adjacent lots-only when trying to acknowledge/establish a different building setback line exists other than the current ordinances;
(l) Approximate location of all known utilities and associated easements (e.g., sewer lines, water lines, septic tanks, electric lines, gas lines, and so on). All applicants are advised to call 811, “Call-Before-You-Dig.”
(m) Location of primary and secondary on-site sewage disposal system areas, if applicable;
(n) A plot plan signed, dated, and approved by an appropriate health department official, where an official health department permit release is not immediately available;
(o) Approximate boundaries of the 100-year flood plain using the flood insurance rate maps and floodway maps for the City of Aurora. Properties located within the floodplain shall provide written documentation from the Indiana Department of Natural Resources regarding the Flood Protection Grade and location of the floodway (see Chapter 8 of the City of Aurora Zoning Ordinance);
(p) A plot plan signed, dated, and approved by an appropriate transportation department or official, where an official driveway permit release is not immediately available (sight distance will be checked and affirmed by the affected Transportation Department during the application process).
(F) Expiration, extension, and completion of approval period. If the work described in a zoning permit has not been initiated within one year from the date it was issued, the permit shall expire. The permit shall also expire if the described work has not been substantially completed within two years of the date it was issued. If, for any reason, the zoning permit expires, all work must be stopped immediately until the permit has been renewed or a new permit has been obtained. The Planning Director or his or her designee may grant an extension on a zoning permit, if the applicant can demonstrate a good cause for such an extension, prior to the date of expiration.
(G) Changes or amendments. Any changes made to the approved plot plan before the development of the site or building shall require the approval of the Plan Commission staff. Any variations to an approved site plan that occurred in the development of the site or building will require that an "as built" site plan be submitted for review to the Department of Planning and Zoning. Depending on the extent of the changes, a new application may be required by the Planning Director of designee. If the “as-built” site plan does not conform to the requirements in the subchapter or if a certificate of occupancy is not granted, it will be handled as a violation of the subchapter under Chapter 152, §§ 152.295 through 152.300.
(Ord. 2015-013, passed 12-28-15)
§ 152.302 INTENT OF SITE PLAN REVIEW.
(A) The purpose of this portion of this chapter is to regulate multi-family, commercial, office, industrial and other developments of structures and sites in a manner which considers the impacts to adjacent properties and public infrastructure. Single family residences are exempt from site plan review. Site plan review will address specific issues such as parking, landscaping, internal and external access, stormwater runoff and erosion, garbage collection areas and outside storage. Further, this portion of this chapter is written for the benefit of a property owner or developer because it provides the design standards and requirements for developing property within the City of Aurora.
(B) Authority of site plan review.
(1) The purpose of site plan review is to protect the public health, safety and general welfare of the city. The provisions and requirements in the forthcoming sections are written and shall be administered to ensure orderly growth and development of the city. No building shall be erected or expanded, nor shall any grading take place or other site improvements occur, on any lot, site, or parcel for uses where site plan review is required except in accordance with the regulations in the City Code of Ordinances and with the requirements stated in the zoning ordinance. All such site plans shall be reviewed by the Department of Planning and Zoning and a determination either approving or rejecting such plans shall be made in accordance with the requirements of this chapter.
(2) The Department of Planning and Zoning shall not be permitted to reject any site plan which is in full conformance with the requirements, terms and conditions of the zoning ordinance or this order, nor can additional regulations be imposed which are not included within the zoning ordinance or this order. All approved site plans shall be binding upon the applicant, property owner, developer, or their successors and shall limit the development or project to the construction work as shown on the approved site plan and to all conditions and limitations for such plans agreed to by the applicants. Amendments or changes to the approved site plans shall be subject to the provisions of division (H). Site plan review is required when specified by the individual zoning district, when the proposal is beyond the scope of a zoning permit as specified in § 152.301, or when the scope of the proposal is within the definition of a minor site. Plan or major site plan as described in division (B).
(C) Site plan review procedure. Prior to submitting an application for site plan review each applicant, property owner, or developer is encouraged to have a pre-application meeting with the City of Aurora Plan Commission staff. The purpose of the pre-application meeting is to advise each applicant, property owner, or developer of the site plan review procedure and requirements and discuss any initial concerns and omissions about the site plan that is being previewed. In addition, the results of the meeting will also determine whether the development proposed will follow the minor site plan review procedure or the major site plan review procedure. Both types of procedures are described below. Typically new developments on undeveloped land will require major site plan review.
(1) Minor site plan. A site plan that involves no exterior utility construction (e.g., storm sewer, water, sanitary sewer, etc.), either no grading work or a minimal amount of grading work, no more than 12 parking spaces, no more than a 1,000 square foot increase of the existing building square footage of the primary use or structures, no additional access points or curb cuts, and loading areas that are less than 10,000 square feet.
(2) Major site plan. A site plan that involves exterior utility construction (storm sewer, water, sanitary sewer, etc.), grading work, more than 12 parking spaces, more than a 1,000 square foot increase of the existing building square footage of the primary use or structures, access points or curb cuts, and a loading area in excess of 10,000 square feet. Major site plans may be reviewed by the Project Review Committee and other outside agencies in addition to the Plan Commissions staff.
(D) Site plan review application and approval.
(1) An applicant, property owner, or developer is required to file an application with the City of Aurora Department of Planning and Zoning. Action in the form of approval or denial of a minor site plan by the Planning Commission's staff shall occur within ten working days of when the plan is officially submitted to the Department of Planning and Zoning's Office in complete form.
(2) Action in the form of approval or denial of a major site plan is by the Department of Planning and Zomng's Staff, in consultation with the Technical Review Committee, and other agencies. Action on the application shall occur within 30 calendar days of when the site plan is submitted to the City of Aurora Department of Planning and Zoning's Office in complete form.
(3) An appeal of the staff denial of a minor/major site plan is possible before the Board of Zoning Appeals at its next regularly scheduled meeting after written notification is made by the applicant to the Planning Director within 30 calendar days of the staff denial. Final action for approval or denial on the appeal of a minor/major site plan shall be made by the Board of Zoning Appeals. Reasons for denial of a minor site plan and major site plan by the Board of Zoning Appeals shall be given to the applicant in written form.
(4) A waiver of any site plan requirement can be requested as part of the application for the development. In addition, extensions of the time requirements specified by this chapter can be requested with the application for site plan review. All waivers and time extensions shall be reviewed by Planning Director and issued only if such waiver/extension is necessary due to unusual or extreme circumstances inherent in the project site and if the requested waiver/extension does not adversely affect the site plan requirements of this chapter.
(E) Site plan requirements.
(1) All minor site plans submitted to the City of Aurora Department of Planning and Zoning shall be in accordance with this chapter and shall contain the following information:
(a) Dimensions of the site or lot;
(b) Location and width of all public and private streets driveways, and other vehicular circulation areas;
(c) Location of all existing and proposed structures;
(d) The proposed use at the site;
(e) Square footage and height of proposed building or addition;
(f) Location of all existing water, sanitary sewer, storm sewer, electric and cable television lines, easements and poles;
(g) Location of any proposed parking spaces and dimensions and access points;
(h) Statement declaring that “no storm water detention, grading, or utility construction necessary for construction of building addition or site work.”
(2) All major site plans submitted to the City of Aurora Department of Planning and Zoning in accordance with this chapter shall contain the following information:
(a) Project name, date, north arrow, location map (a map which clearly shows the location of the property in respect to existing road and landmark);
(b) A scale not smaller than one inch equals 100 feet or as approved by the Planning Director or designee;
(c) A stamp or seal of an Indiana registered professional engineer, architect, landscape architect or land surveyor (the scope of work performed by such professionals in conjunction with a site plan submission is limited to that permitted by their respective licensing authorities). If grading and/or storm sewer construction work are being proposed, an Indiana registered professional engineer or surveyor shall be required to submit grading information and design the appropriate stormwater system. A stamp or seal of a Indiana registered professional engineer or surveyor is required for grading and stormwater construction work;
(d) The present zoning of the subject property and all adjacent properties;
(e) All existing and proposed public and private right-of-ways and streets;
(f) All abandoned streets;
(g) Existing and proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. If necessary, the City of Aurora Plan Commission may request a geo-technical report of a specific site;
(h) Location and height of existing and proposed structures on the property with each existing and proposed use noted;
(i) Dimensions of each lot or property boundaries;
(j) Proposed housing units proposed on the property depicting location, arrangements, number or units in each building, and where applicable, location and dimensions of all lots;
(k) Location and arrangement of all common open space areas and recreational facilities;
(l) Location, size, and type of all landscaping features;
(m) Location, orientation, lighting, materials, size, type, and height of signs;
(n) Floodplain and/or floodway zone certification and base flood elevation if applicable;
(o) Location of all existing and proposed utility lines and easements (each line should be labeled existing or proposed). This information shall also be accompanied by a written statement from each service provider that addresses capacity issues as well as affirms the applicant's ability to connect or tap into these services:
1. Water distribution systems, including line. size, width of easements, type of pipe, location of hydrants and valves, and other appurtenances;
2. Sanitary sewer system, including pipe sizes, width of easements, gradients, types of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity, and process of any necessary treatment facilities, and other appurtenances. A project within the territory of the City of Aurora requires written acknowledgement/approval by the city in addition to acknowledgements/approvals of other service providers (where interlocal agreements may exist or be required), where applicable;
3. Storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of detention or retention and/or sedimentation basins, and data indicating the quantity of stormwater entering the subject property naturally from areas outside the property, the quantity of flow at each pickup point (inlet), the quantity of stormwater generated by development of the subject area, and the quantity of stormwater to be discharged at various points to areas outside the subject property. Show location of all detention/retention ponds;
4. Other applicable utilities (e.g., electric, telephone, etc.) including the type of service and the width of easements, if information is available; and/or
5. Statement located on the plan regarding who will maintain the drainage system.
(p) Location of all off-street parking, loading and/or unloading and driveway areas:
1. The type of surfacing;
2. Width, and depth of parking stalls, including disabled stalls;
3. Driveway width;
4. Traffic flow areas for one way traffic;
5. Angle of parking used; and/or
6. Number of parking spaces and loading spaces.
(q) Circulation system details that include the following:
1. Pedestrian walkways, including alignment, grades, type of surfacing, and width;
2. Streets and driveways including alignment, grades, type of surfacing, width of pavement, and right-of-way and whether public or private; and
3. Provisions for access management, which may include, but are not limited to:
a. A frontage road (public or private);
b. Coordination of curb cuts;
c. Curb cut connections accessible to adjoining properties;
d. Internal and external traffic control measures and traffic circulation patterns;
e. Location of all above ground and underground storage tanks;
f. Location of dumpsters; and
g. Location of outdoor storage areas.
(r) Construction or installation details for the following:
1. Paving, curbing, and sidewalk sections;
2. Wheelchair ramps and/or curbs;
3. On-site traffic/vehicular regulatory signs, including disabled parking stall signage;
4. Curbcuts;
5. Garbage storage area enclosure or screening; and/or
6. Site lighting fixtures.
(s) Provisions for control of erosion, hillside slippage, and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction. Show all affected or disturbed areas during construction on or within close proximity of the site (i.e., excavation, fill or storage);
(t) If the proposed site was part of a zone change request, submit a copy of the approved concept development plan or show the relationship of the location of the proposed structure(s) to the approved zone change request;
(u) Each applicant shall be required to submit traffic information estimating at minimum peak hour traffic entering and exiting the site under review. This information shall be used by the Plan Commission in determining the location of curb cuts or any additional traffic management controls on each site. When appropriate, a traffic impact assessment may be required to be submitted for review by the Plan Commission;
(v) Architectural information including the location of main doors and overhead doors shown on the site plan and the height of all structures noted on the site plan. Architectural elevations and renderings which illustrate the overall external building design, and materials and colors to be used in the building design, shall be provided for sites that are subject to other design review requirements, such as conditions of zone change, the Historic Preservation District's approval, etc.;
(w) Location of existing recorded or unrecorded cemeteries, buildings listed on the National Register or archaeological sites;
(x) Location of parking lot and driveway lights and their illumination areas on the project site and adjoining properties; and
(y) Any development which requires that a public: improvement be made as part of the development may require a financial surety to cover the cost of the public improvements. The Planning Director shall determine if a surety is needed.
(3) The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated. For property to be developed in sections or phases, detailed site plans containing the above information need not be submitted for the entire property. Plans conforming to these criteria should be submitted for the section or phase to be developed along with conceptual or schematic plans for the entire property in order to show the relationship of the relevant section to the entire development plan.
(F) Expiration and extension of approval period. The approval of a site plan shall be for a period not to exceed two years. If no grading work or building construction has begun within two years after approval is granted, the approved site plan will be void. Only a single one year extension of an approved site plan may be granted upon request to the Department of Planning and Zoning prior to the two year expiration date.
(G) Completion of site plan construction work and requirements. All requirements of the approved site plan must be completed within six months of building occupancy unless an extension is granted by the Planning Director upon request. The Department of Planning and Zoning staff will conduct a post-development site inspection after the period specified above or occupancy of the use has begun. The purpose of the site inspection is to verify compliance with the approved site plan. Any deviation from the approved site plan may require a new application or record drawings. The Technical Review Committee shall make this decision. If no building construction is being proposed, all site construction work, if begun, is to be completed one year from the approval date by the Plan Commission. A copy of the approved site plan shall be retained on the job site until all site improvements have been completed and have been accepted by the City of Aurora Plan Commission.
(H) Changes or amendments. Any changes made to the approved site plan prior to the development of the site or building shall require the approval of the Technical Review Committee. Depending on the extent of the changes, a new application may be required. Any variations to an approved site plan that occurred in the development of the site or building will require that “record drawings” be submitted for review to the Committee. In the event that any person holding an approved site plan permit pursuant to this ordinance has violated the terms of the permit or has implemented site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Building Commissioner or Planning Director, or their respective designees, may suspend or revoke an approved improvement plan permit and may recommend that the project be addressed further as a violation in consideration of §§ 152.295 through 152.300.
(Ord. 2015-013, passed 12-28-15)
§ 152.999 PENALTY.
(A) Any building erected, raised or converted, or land or premises used in violation of any provision of this chapter is hereby declared to be a common nuisance and the owner of such building, land or premises shall be liable for maintaining a common nuisance. Any person, firm or corporation violating any provisions of this chapter or any amendment of supplement thereto shall be fined not less than $10 nor more than $300. Each and every day during which such violation is permitted to be maintained may be deemed a separate offense.
(B) No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of §§ 152.265 et seq. and other applicable regulations. Any person who violates this chapter or fails to comply with any of its requirements shall be fined not more than $1,000 for each violation and in addition shall pay all cost and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord., passed - -79; Am. Ord. 2017-015, passed 12-4-17)