Aurora City Zoning Code
CHAPTER 1137
Board and Commissions
1137.01 PLANNING COMMISSION.
The membership composition and terms, organization, and powers and duties of the Planning Commission shall be as provided by the Charter, Article XII.
(Ord. 2000-143. Passed 6-26-00.)
1137.02 POWERS AND DUTIES OF THE PLANNING COMMISSION.
The powers and duties of the Planning Commission shall be as provided by the Charter, Article XII.
The Planning Commission shall also have the following powers and duties as conferred by resolution or ordinance of Council:
(a) Comparable Use. The Planning Commission shall make recommendations to City Council regarding a proposed comparable use as provided at 1153.03(
v).
(b) Establish Conditions. The Commission, with the approval of Council, shall have the power, in taking any action within its jurisdiction, to impose conditions to safeguard the intent and objectives of this Zoning Code.
(c) Conditional Zoning Certificates. The Planning Commission shall review applications for conditional zoning certificates according to the procedures and standards of Chapter 1139
.
(d) Site Plans and Subdivisions. The Planning Commission shall review and make recommendations to City Council regarding applications for site plans and subdivisions as provided in this Zoning Code and in the Subdivision and Site Development Regulations.
(e) Lot and Yard Adjustments. (EDITOR'S NOTE: Former subsection (e) was repealed by Ordinance 2003-156, passed November 17, 2003.)
(f) Mixed-Use Development District. The Planning Commission shall review and approve all applications filed with the Building Department, in addition to site plans and subdivisions, within the Mixed-Use Development District as provided in Chapter 1177
.
(1) The Planning Commission shall utilize the design standards and criteria in reviewing all site and building plans as provided in Chapter 1177
.
(2) The Planning Commission may, during the process of review and action relating to applications, according to the provisions of the subdivision and site development regulations, approve variations to zoning dimensions through site plan and subdivision review provided that:
A. The dimensions of a yard shall be clearly stated for the record and delineated on drawings retained with the record;
B. The motion regarding the yard shall include a statement of the justification for the exception and a summary of any findings of fact which support the justification.
(Ord. 2014-142. Passed 12-1-14.)
1137.03 BOARD OF ZONING APPEALS.
(a) Authority. The Board of Zoning Appeals shall have all the powers and duties prescribed by law and by this Zoning Code.
(Ord. 2000-143. Passed 6-26-00.)
(Ord. 2000-143. Passed 6-26-00.)
(b) Composition and appointment.
(1) Regular Members. The Board of Zoning Appeals shall consist of five (5) citizen members.
A. The five members shall each be appointed by the Mayor and approved by Council for a period of four (4) years, ending on December 31 of the fourth year. Every two (2) years, the Mayor shall appoint, or reappoint, persons to serve in either two (2) or three (3) of the member positions so that the period of service for new members shall always overlap the period of service of other members.
B. In the event of death or resignation of a member, the Mayor, with the approval of Council, shall make the appointment for the duration of the unexpired portion of the term of the member.
(Ord. 2004-226. Passed 12-6-04.)
(2) Alternate Member. In addition to the regular membership of the Board of Zoning Appeals, the Mayor, with the approval of Council, shall make the appointment of one (1) alternate member of the Board who is to be designated as an alternate member. When the Secretary of the Board of Zoning Appeals has notice that a regular member may not attend a meeting, the Secretary will contact the alternate for their attendance at the Board’s scheduled meeting. The alternate will vote only when he or she is replacing an absent board member.
(c) Organization. The Board of Zoning Appeals shall elect a Chairman from its membership, shall appoint a Clerk and shall prescribe rules for the conduct of its affairs.
(d) Quorum. The Board of Zoning Appeals shall require a quorum of three (3) members at all its meetings, and a concurring vote of three (3) members shall be necessary to effect an order.
(e) Meetings. The Board of Zoning Appeals shall meet at the call of its Chairman or two (2) other members and at such other regular times as it may, by resolution, determine.
(f) Witnesses The Board of Zoning Appeals Chairman or Acting Chairman shall administer oaths and compel the attendance of witnesses in all matters in which it has authority. (Ord. 2000-143. Passed 6-26-00.)
1137.04 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.
(a) Appeals of Administrative Actions. The Board of Zoning Appeals shall hear and determine all appeals from any decision or action of the Director of Planning and Zoning and of the Zoning Inspector in the administration or enforcement of this Zoning Code. The Board of Zoning Appeals shall hear and determine all appeals from the refusal of the Director of Planning and Zoning and of the Zoning Inspector, because of anything contained in this Zoning Code, to issue zoning approval. Appeals of administrative actions shall be heard and decided according to the provisions of Section 1139.04.
(b) Variances. The Board of Zoning Appeals may grant variances to the provisions of this Zoning Code according to the procedures and standards established in Chapter 1139.
(c) Interpretations. The Board, pursuant to receipt of a written request for interpretation and subsequent to issuance of a written interpretation of the same matter by the Director of Planning and Zoning, shall have the power to decide any question involving the interpretation of any provision of this Zoning Code, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(d) Temporary Permits. The Board may grant temporary permits for buildings and uses that do not conform to the regulations herein prescribed relative to the uses permitted in the District in which they are located. The permissible time period for such uses shall be set by the Board.
(Ord. 2000-143. Passed 6-26-00; Ord. 2003-155. Passed 11-17-03.)
1137.05 VARIANCE REQUEST REFERRALS.
When an applicant submits an application for a site plan, conditional zoning certificate, or subdivision to the Planning Commission and the proposed development also requires the granting of a variance from the Board of Zoning Appeals, the matter shall not be placed on the agenda of the Board of Zoning Appeals until the Planning Commission has made a recommendation regarding the site plan, conditional zoning certificate, or subdivision application.
(Ord. 2000-143. Passed 6-26-00.)