Aurora City Zoning Code

CHAPTER 1171

PD Planned Development District

1171.01 PERMITTED USES.

(a) Single-family residential dwellings.

(b) Dwelling units in multifamily dwellings not to exceed one half of the total number of dwelling units which the developer intends to place in the district and the aforesaid ratio shall be maintained within each phase of the development.

(c) Public outdoor recreation facilities or private outdoor recreation facilities, open space, and restricted open space.

(Ord. 2000-143. Passed 6-26-00.)

1171.02 CONDITIONAL USES.

Any conditional use listed in Table 1153.01 for any residential district may also be applied for as a conditional use in the residential areas of a PD District. Any conditional use listed in Table 1153.01 for any commercial district may also be applied for as a conditional use in the commercial areas of a PD District.

(Ord. 2000-143. Passed 6-26-00.)

1171.03 GENERAL REGULATIONS.

(a) All land within the Planned Development District shall be contiguous and shall not be divided into parts:

(1) By any existing or proposed major or secondary road; or

(2) By any area of land not included within the District.

The existence of electrical transmission lines, transmission pipes or other rights of way within the District shall not be considered in determining whether the land within the District is contiguous. Requirements listed in subsection (a)(2) and (3) hereof may be waived by the Planning Commission with the approval of Council if it determines that the division of land into parts would not destroy the integrity of the District and not otherwise adversely effect the goals and purposes of this Chapter. In no event, however, shall the District be divided into parts by a major or secondary road.

(b) All land within the District shall be under common ownership prior to approval of any final plat for the District or any part of the District. The PUD applications may be filed by any owner of record of land to be included within the development or any holder of an equitable interest in such property. However, all recorded owner or owners of property included in the development shall sign the application and indicate their agreement to the rezoning of the property. Further, prior to approval of the development plan, one person or entity shall have been designated by all owners as the entity responsible for the development of the District and a single entity or person or group of persons who shall hold title in common shall have an option to purchase all properties within the development not then owned by it.

(c) If no substantial development has occurred within the District within two years after the date of Council’s approval of the Development Plan, the approved development plan shall become null and void and a new plan shall be required for any development on the subject property. Further, Council may determine that the project has been abandoned and rezone the property to the zoning which existed for the property prior to approval of the Development Plan.

(d) The provisions of this Chapter shall apply to those properties designated within the PD Planned Development District prior to November 2, 1999. The Zoning Map shall not be amended to expand existing or to create new PD Planned Development Districts.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(e) Amendments to previously approved development plans for PD Planned Development Districts shall only be approved in conformance to the updated PD regulations and in conformance with the intent and specific provisions of all other applicable plans and regulations adopted by the City.

(Ord. 2000-143. Passed 6-26-00.)

1171.04 AREA, HEIGHT AND PARKING REGULATIONS.

(a) The maximum density of residential development shall be two (2) dwelling units per acre.

(b) All building within a Planned Development District shall be separated from other buildings, not structurally joined, by a distance greater or equal to that required by the applicable building codes, as adopted, modified or amended by Chapter 1303 of the Codified Ordinances, whichever is more restrictive. In addition, all buildings containing dwelling units shall be separated from all other buildings, not structurally joined, containing dwelling units or devoted to recreational use by a distance sufficient to provide adequate light and air; privacy for occupants; and ingress and egress of occupants and of safety and sanitation personnel. In determining the sufficiency of the distance between buildings containing dwelling units, the Planning Commission shall consider the location, design and height of such building and of the adjacent buildings; the use of the adjacent buildings; the location of sidewalks; the flow of pedestrian traffic; and the adequacy of screening separating the buildings.

(c) In the event title to the land is conveyed with title to the dwelling unit (non- condominium) the following lot and set back regulations shall be applicable:

(1) The minimum lot area for single-family dwelling shall be fourteen thousand five hundred (14,500) square feet with the average of single-family lot sizes not less than sixteen thousand five hundred (16,500) square feet.

(2) The minimum yard requirements for single-family dwellings shall be as follows:

A. Front yard depth, twenty-five (25) feet;

B. Rear yard depth, ten (10) feet; and

C. Side yard width, five (5) feet for either side yard with the sum of both side yards not less than twenty (20) feet.

(3) The minimum yard requirements for multi-family dwellings shall be as follows:

Front yard depth, twenty-five (25) feet plus one (1) foot for each two (2) feet of height of the multi-family dwelling structure.

(d) The minimum living floor area per family shall be as follows:

(1) Single-family dwellings, as required in the R-4 Residence District, in Table ; and

(2) Multi-family dwellings, five hundred (500) square feet plus one hundred fifty (150) square feet for each bedroom in the dwelling unit.

(e) No structure shall exceed thirty-five (35) feet in height.

(f) Off-street parking shall be as regulated by Chapter 1163.

(g) At least twenty percent (20%) of the total acres in a proposed development permitted by this District shall be devoted to public and/or private open space or recreational facilities exclusive of parking areas and single-family residential lots.

(h) Fences shall conform to the provisions of Section 1153.04, except that the Planning Commission may approve special provisions for the regulation of fences within the planned development based on a scheme integrated with the design of the development.

(i) No structure shall be located closer than seventy-five feet from any public road right-of-way line or boundary of the District.

(Ord. 2000-143. Passed 6-26-00;Ord. 2003-059. Passed 6-12-03.)

1171.05 DEVELOPMENT PLAN APPROVAL.

In addition to complying with the requirements of Section 1139.05 an applicant for rezoning to the Planned Development District shall submit a development plan for the development of the area requested to be rezoned. Such plan shall show the following:

(a) The boundaries of the area requested to be rezoned;

(b) A tabular summary of the total acreage of the proposed development and the maximum allowable number of dwelling units;

(d) The proposed road system and general pedestrian circulation system for the proposed development;

(e) The proposed locations of all areas for single-family and multi-family dwellings and all nonresidential structures;

(f) The general plan for proposed sewer and water facilities; and

(g) The proposed reservations for recreational areas, including parks and playgrounds, open spaces and other community facilities, with a statement of the proposed methods to be employed to preserve and maintain recreational areas, open spaces and ponds and lakes.

(Ord. 2000-143. Passed 6-26-00.)

1171.06 COMPLIANCE WITH APPROVED DEVELOPMENT PLAN.

Any land rezoned to the Planned Development District under the provisions of this Chapter shall be developed in the following respects and according to the development plan submitted and approved by the Planning Commission and Council:

(a) Single-family residential development and multi-family residential development shall conform to the areas indicated for the respective types of residential development on the approved development plan, except that in any area designated for multi-family residential development on the approved development plan a single-family residential development may be constructed in lieu thereof according to restrictions applicable to single-family residential development.

(b) Recreational areas and open spaces shall be developed as indicated on the approved development plan or according to amendments approved by the Planning Commission.

(c) Multi-family structures exceeding three stories shall be developed according to Commission and Council approved site plans, which shall include building ground floor and building location plans and elevations showing the height of the proposed structure.

Any proposed change from the approved development plan in respect to the compliance with the development plan as required by this chapter shall be allowed only upon approval by Council following recommendations by the Planning Commission.