Aurora City Zoning Code

CHAPTER 1153

Use Regulations

1153.01 PERMITTED USES AND CONDITIONAL USES.

The table identified as “Table 1153.01: Permitted Uses and Conditional Uses” identifies the permitted uses and conditional uses, in the respective zoning districts, for which land and structures may be used or occupied, or for which structures may be erected, constructed, enlarged, moved or structurally altered, subject to conformance with all requirements of this Code. Additional permitted uses and conditional uses may be identified in other provisions of this Code.

(Ord. 2014-165. Passed 1-26-15.)

Table 1153.01

Permitted Uses and Conditional Uses

Key: P - Permitted Use C - Conditional Use

RESIDENTIAL USES

One-family dwelling

Two-family dwelling

Multi-family dwelling

Home Occupation accessory to a dwelling

Recreation uses

PUBLIC AND SEMIPUBLIC USES

Public school, parochial school

Place of worship

Utility and appurtenant structures

Public outdoor recreation facility

Other public facilities

Cemetery

Institutions

Assisted living and other comparable uses

COMMERCIAL & OFFICE USES

Alcohol and beverage sales

Liquor sales

Appliance store

Auto repair

Auto wash

Bowling alley

Banking establishment

Banks, finance companies, insurance, real estate

Barber, beauty shop

Bed and breakfast tourist homes

Business services

Child day care center

Clothing and apparel store

Counseling services

Department store

Drive-up service, accessory to a permitted or conditionally permitted use of this District

Drug store

Dry cleaning, laundry

Food sales, including supermarkets

Food preparation and processing to be retailed on premises only

Funeral home

Furniture store

Gasoline service station

Hardware sales

Instructional studio for art, music, dance

Training schools for the arts or professions

Jewelry store

Medical, dental, health services, clinics

Motel including recreation facilities for use of clients

Office for sales and distribution

Office for sales and distribution, except that sample goods only may be displayed and no goods shall be stored or sold at retail or wholesale on the premises.

COMMERCIAL & OFFICE USES (cont’d)

Offices such as real estate

Offices for professional use such as medical, dental, legal, architectural, professional engineers

Office supply and stationery store

Organization or association

Outdoor sales or display, accessory to a permitted or conditionally permitted use of this District

Party center

Photography, interior design, artist studio

Racquet club, health club

Private outdoor recreation facility

Restaurant, sit down or counter service

Restaurant, drive-up as accessory to sit-down restaurant only

Restaurant, excluding drive-in or eat-in-car type

Shoe repair shop

Shoe store

Skating rink, indoor

Theater

TV, radio, record and electronics shops, including sales and servicing

Travel bureau

Variety store

Veterinary hospital

Video store

The following are conditionally permitted provided that they shall only be located within a building in which at least 75% of the floor area is in use for or reserved for permitted uses:

(1) Restaurant

(2) Personal services, including but not limited to dry cleaning, barber and beauty shops

(3) Drug store

(4) Florist shop, gift shop

INDUSTRIAL USES

The manufacture, compounding, processing, packing or treatment of such products as candy, cosmetics, wood products, drugs, perfumes, pharmaceuticals, toiletries, and food products, except the rendering or refining of fats and oils.

Warehousing

Research laboratories and offices

Newspaper and blueprinting establishments

Utility substations

Fire stations

Railroad facilities

Clothing. leather goods, and athletic equipment

Metal processing, such as fabrication, stamping, extrusion, welding, finishing, polishing and assembly of small products such as:

(1) camera, clock, jewelry, cutlery, and kitchen utensils

(2) electrical appliances such as lighting fixtures, irons, fans, toasters, and toys

(3) electrical equipment such as home radio and television, movie equipment and small electrical supplies

(4) hand tools, dies, engineering, medical, and musical instruments and similar small steel products

(5) products for rotational equipment such as antifriction devices and other products for driving, connecting or rotating loads in accordance with the principles of rotary technology

Plastic molding and extrusion

Motel complex which may include: motel services including restaurants, recreational facilities, office buildings, assembly rooms, and gasoline service stations

Recreational development

Oil and gas

INDUSTRIAL USES (cont’d)

Lumber yard for retail lumber sales

Retail or wholesale, accessory to a permitted or conditionally permitted use of this District

Wholesale storage of petroleum, gasoline, and oil, limited to 1,000 feet depth north of the south property line of the City

Contractors’ yards and storage facilities

Exterior storage, accessory to a permitted or conditionally permitted use of this District

Temporary building incidental to construction

Comparable Use

NOTES:

* The T1 Transitional Commercial Service District is an overlay district in which the permitted and conditional uses of the underlying district may also be established according to the provisions of this Code.

* Permitted and conditional uses for the PD Planned Development District are as provided in the text of Chapter 1171.

(Ord. 2014-143. Passed 12-1-14; Ord. 2014-165. Passed 1-26-15; Ord. 2018-147. Passed 12-17-18; Ord. 2020-118. Passed 10-26-20.)

1153.02 STANDARDS FOR ALL CONDITIONAL USES.

The Planning Commission shall determine, in making a recommendation for approval of a conditional use, that the proposed use will comply with the general standards in this Section 1153.02 and the specific standards in Section 1153.03 pertinent to each use indicated therein. The Commission may also impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this Zoning Code will be observed.

The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use on the proposed location:

(a) Will be harmonious with and in accordance with the general objectives or with any specific objective of the Master Plan of current adoption;

(b) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area;

(d) Will not be detrimental to property in the immediate vicinity or to the community as a whole;

(e) Will be served adequately by essential public facilities and services such as roads, police and fire protection, drainage structures, refuse disposal or schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

(f) Including all structures, roads and utilities, shall be in compliance with the City’s Subdivision Regulations, the Board of Health standards and the Building Code; and

(g) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public roads.

(h) Will not have exterior equipment which is incompatible with the uses of the district, including but not limited to the following:

(1) Loudspeakers which cause a hazard or annoyance shall not be permitted.

(2) Lighting shall not constitute a nuisance and shall in no way impair safe movement of traffic lighting on any street or highway.

(Ord. 2014-165. Passed 1-26-15.)

1153.03 STANDARDS FOR ALL CONDITIONAL USES IN THE MIXED-USE DISTRICT.

The Planning Commission has the authority to permit modifications to development standards as a part of the conditional use review process. Therefore, the Commission may require as a condition of approval that the proposed use follows Section 1153.02 Standards for All Conditional Uses and the specific standards in Section 1177.03 , which will promote proper development of a mixed-use development.

The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence of compliance regarding such use on the proposed location:

(a) The location and size of the proposed use shall be in harmony with, and appropriate to, the intent and purpose of the district;

(b) The proposed use is harmonious and appropriate in design, character and appearance with respect to the intended design objectives of the district;

(d) The site layout, intensity of use, and time periods of use shall not be such as to create a nuisance due to dust, noise, smell, vibration, smoke, or lighting;

(e) The use complies with all requirements of the zoning ordinance including but not limited to dimensional requirements, general provisions and specific design requirements. (Ord. 2014-165. Passed 1-26-15.)

1153.04 STANDARDS FOR SPECIFIC CONDITIONAL USES.

In addition to the Standards for All Conditional Uses in Section 1153.02 above, the following standards shall apply to the specific conditional uses listed in this Section:

(a) Public and Parochial Schools.

(1) All structures and all parking, loading, storage, outdoor use areas, and other uses shall be located at least one hundred (100) feet from all property lines unless otherwise approved by the Planning Commission..

(2) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.

(3) A public or parochial school shall be located on a lot having frontage on and access to a major or secondary road.

(4) The applicant shall submit a traffic impact study and a plan for traffic management.

(5) The applicant shall demonstrate to the satisfaction of the Commission that the site is of sufficient size to accommodate proposed facilities and activities without significant adverse impacts upon abutting residential uses.

(6) Uses other than the school and located on the same lot shall be considered separate uses and subject to all applicable provisions of this Code.

(b) Churches and Other Buildings for the Purpose of Religious Worship.

(1) All structures and all parking, loading, storage, outdoor use areas, and other uses shall be located at least one hundred(100) feet from all property lines unless otherwise approved in the conditional zoning certificate.

(2) A church or other building for the purpose of religious worship shall be located on a lot having frontage on and access to a major or secondary road.

(3) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.

(4) The applicant shall submit a traffic impact study and a plan for traffic management.

(6) No existing building shall be converted into a place of worship except in compliance with the provisions of this Code.

(7) Uses other than the place of worship and located on the same lot shall be considered separate uses and subject to all applicable provisions of this Code.

(1) All structures and activity areas shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the conditional zoning certificate.

(2) Site locations shall be preferred that offer natural or manmade barriers that lessen the effect of the intrusion of a utility use in a residential area. All features and operations of the facility, including lighting, fencing, signs, security, maintenance, and landscaping shall be as approved in conditional zoning certificate

(3) It is the intent of these regulations to authorize the Planning Commission and City Council to administer and enforce the relevant provisions of this Zoning Code and of the Subdivision and Site Development Regulations in matters affecting public utilities on lots outside of the public right-of-way to the extent that such application of provisions is consistent with and not precluded by state and federal laws.

(d) Public Outdoor Recreation Facility.

(1) All structures, parking, loading, storage, play and recreation areas, and other uses shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the conditional zoning certificate.

(2) Loudspeakers which cause a hazard or annoyance shall not be permitted.

(3) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.

(4) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.

(e) Temporary Buildings for Uses Incidental to Construction Work.

(1) Any temporary structures shall be indicated on site plans approved in the conditional zoning certificate.

(2) Temporary buildings for uses incidental to construction work shall not be continued as permanent structures. The period of continuance shall be as approved with the site plan..

(f) Home Occupations.

(1) A home occupations shall only be established as an accessory use to the principal use of the dwelling for dwelling purposes.

(2) Only residents of the dwelling in which the home occupation is located - and no other person who is not a permanent resident of the dwelling - shall own, conduct, participate in, or be employed in the home occupation.

(3) A home occupation, including any storage of materials or equipment related thereto, shall be carried on entirely within the dwelling and not in an accessory building. However, part of the floor area of a garage attached to the dwelling may be used if the home occupation does not occupy parking spaces required for the dwelling use by the provisions of this Code.

(4) The conduct of the home occupation shall not occupy more than twenty percent (20%) of the living floor area of the dwelling unit.

(5) A home occupation shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted on another lot.

(6) No activity, materials, goods or equipment indicative of the home occupation shall be visible from any public way or adjacent property. No exterior alteration of the dwelling shall be permitted which is inconsistent or incompatible with the normal scale, orientation, or appearance of typical dwellings in the neighborhood.

(7) The proposed use shall not generate noise, odor, fumes, smoke or vehicular or pedestrian traffic or other disturbance or nuisance in an amount which would tend to depreciate the residential character of the neighborhood in which the proposed use is located or which exceeds that impact normally generated by a dwelling.

(8) The Conditional Zoning Certificate for the home occupation shall be issued for a period not to exceed three (3) years; shall not be transferable to a subsequent owner of the designated property; and shall not be transferable by the named applicant to another property in the Municipality. The owner of a home occupation may apply for renewal of the Conditional Zoning Certificate. The Director of Planning and Zoning shall inspect the premises for conformance with the original certificate and shall review the record regarding the certificate and shall make a recommendation to the Planning Commission. If the Planning Commission determines that the use has been the subject of unresolved complaints or violations of conditions or for other good cause, the Commission may require application for a new certificate and shall conduct new review procedures. If the Commission finds no cause to disallow renewal of the certificate, it may waive any new application or hearing and authorize administrative renewal

(9) No more than one (1) passenger car or other motor vehicle, designed to carry a load of no more than one (1) ton and used in the conduct of the business, shall be parked on the lot. It shall be parked in a garage or on a paved exterior parking area on the lot. Other equipment, including trailers, shall only be stored in a garage which is part of the main building or in an approved accessory structure. No vehicle used in the conduct of the home occupation or by any permitted visitor to the home occupation shall be parked on the public road for a period greater than fifteen (15) minutes in any one hour.

(10) No home occupation shall have more than one (1) customer or visitor to the lot during any one (1) hour.

(g) Cemeteries.

(1) All structures and all parking, loading, storage, outdoor use areas, grave sites, and other uses shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the site plan.

(h) Private Outdoor Recreation Facility.

(1) A private outdoor recreation facility may include facilities for the sale of associated equipment, food, and refreshments, provided that these associated uses are clearly incidental and accessory to the principal use. The extent of such accessory use shall be as approved with the site plan.

(2) All structures and parking, loading, storage, play and recreation activity areas, and other uses shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the site plan.

(3) Loudspeakers which cause a hazard or annoyance or otherwise constitute a nuisance shall not be permitted.

(4) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.

(5) Such use shall not require costly or uneconomic extensions of utility services at the expense of the community.

(6) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.

(i) Other Public Facilities.

(1) No point of entrance or exit shall be located closer than two hundred (200) feet to a road intersection unless otherwise approved in the site plan.

(j) Rental of Dwelling Unit.

(1) Space or rights to the use of a dwelling unit, which is occupied by the owner or leaseholder, may be rented to no more than two (2) persons who are not related to the owner or leaseholder by marriage, adoption, or blood.

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

(k) Multi-family Dwellings. Multi-family dwellings shall be designed in a manner to assure compatibility with existing residential neighborhoods.

(1) Points of entrance or exit shall be located no closer to a road intersection than two hundred (200) feet unless otherwise approved in the site plan.

(2) Recreational facilities shall be provided as determined necessary by the Planning Commission and City Council

(3) The lot shall have frontage on a major road.

(4) The lot shall be located adjacent to a non-residential use such as a church, park, utility station, or industrial or commercial district.

(5) Potential traffic impacts from new developments will be scrutinized as part of the development approval process.

(6) The entrance to at least one dwelling unit within each building shall face the street.

(7) Each unit within a structure shall have its own front entryway directly to the outside.

(8) For buildings containing two or more units, a minimum of two (2) cars per dwelling unit shall be housed in an attached garage to each dwelling unit, with a minimum area of four-hundred forty (440) square feet per dwelling unit.

(9) The use shall be enclosed by a fence, six (6) feet in height, or as otherwise approved in the conditional zoning certificate.

(Ord. 2020-118. Passed 10-26-20.)

(l) Motels Including Recreational Facilities for the Use of Clients, Motel Complex Related to Industrial-Commercial Use.

(1) Points of entrance or exit shall be located not closer than two hundred (200) feet to any intersection of roads unless otherwise approved in the site plan.

(2) A motel shall only be located on a property having frontage on a major road or a secondary road.

(3) Any temporary structures shall be indicated as such on site plans submitted to the Planning Commission for approval.

(4) Such use shall not require costly or uneconomic extensions of utility services at the expense of the community.

(5) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.

(6) Loudspeakers which cause a hazard or annoyance shall not be permitted.

(7) Lighting shall not constitute a nuisance and shall in no way impair safe movement of traffic lighting on any street or highway.

(m) Oil and Gas.

(1) All potentially hazardous facilities and equipment such as derricks, pumps and tanks shall be fenced off to prevent trespassing.

(2) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural. All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration.

(3) There shall be established routes for truck movement in and out of the development such that the wear on public roads will be minimized and that hazards and damage to other properties in the community will be prevented.

(4) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.

(n) Child Day Care Center.

(1) The applicant shall demonstrate compliance with all applicable licensing requirements of the State of Ohio.

(2) Curb cuts, parking, drop-off and pick-up areas shall be designed to accommodate peak traffic at the facility in a safe and efficient manner without causing obstruction of the public road. Parking shall not be permitted on the public road for purposes of the proposed use.

(3) The site shall provide sufficient fenced outdoor space for outdoor recreation for the children and located in a manner which minimizes disturbance of abutting residential areas.

(o) Recreational Development.

(1) The lot on which the recreational use is constructed shall contain not less than fifteen (15) acres and shall abut an approved motel complex related to industrial-commercial use.

(2) The lot shall be served by public wastewater facilities.

(3) The use shall comply with all conditions stated at 1153.03 (l)

(p) Residential Conservation Development. EDITOR’S NOTE: Former subsection (p) was repealed by Ordinance 2018-147.

(q) Auto Repair; Gas Station.

(1) Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved in the conditional zoning certificate.. Vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall not be stored on the site for more than twenty-one (21) days. Parking and storage of vehicles not related to the principal use of the site, or to an approved accessory use, shall not be permitted.

(2) Vehicle sales, service, rental, or leasing shall not be permitted on the site unless specifically approved.

(3) Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of goods shall not be permitted on the site unless specifically approved in conformance with the supplementary standards for Outdoor Sales or Display, Outdoor Storage.

(4) Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved in the site plan. Such screening shall be set back from residential districts at least ten (10) feet and landscaped according to the approved in the conditional zoning certificate.

(5) Air compressor pumps (e.g, for tire inflation) and other outdoor equipment shall be identified in the conditional zoning certificate and shall be located and screened in a manner which minimizes noise impacts on residential areas.

(6) Curb cuts shall be limited to two per site. On corner lots, curb cuts shall be limited to one per road.

(7) Gas stations shall provide no less than two (2) waiting spaces per accessible side of a gasoline pump island.

(r) Drive-up Facility, Auto Wash.

(1) Drive-up facilities which utilize microphones or other audible signals shall be designed to minimize sound impacts upon abutting uses. Hours of operation shall be as approved with the site plan.

(2) Lanes required for vehicle access to and waiting for use of a drive thru or drive up facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting roads and hazards to pedestrians. The applicant shall provide a traffic study which documents to the satisfaction of the Commission the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Code.

(3) Conditions may be established restricting the hours of operation in order to reduce inappropriate impacts on abutting uses and on road traffic and to ensure compatibility with normal vehicular activity in the district.

(4) The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.

(5) Drive-up facilities shall be located on that part of a site which is most distant from or most screened from the boundaries of abutting residential districts. Where site conditions necessitate locating a drive-through facility near to such district, the area between the uses shall be heavily screened as directed by the Commission.

(6) Drive up facilities, their stacking areas, and routes of access shall be located to not interfere with or cause interference with vehicles or pedestrian movement on the public road or within the site. Stacking areas for drive-through facilities shall not be the sole or primary site egress route. Stacking areas shall not utilize parking or aisles required for access to parking.

(7) Business establishments with drive-up facilities, such as banks, restaurants, or automatic auto wash, shall provide a minimum of twelve (12) waiting spaces, but not less than six (6) spaces per drive-up facility.

(s) Outdoor Sales or Display, Outdoor Storage, Accessory to a Permitted Use or Approved. Conditionally Permitted Use.

(1) Outdoor sales, storage, or display shall only be permitted in areas identified on the approved site plan and shall not exceed an area greater than 20% of the enclosed floor area of the use and shall not exceed five thousand (5000) square feet.. No such activity shall be located closer than fifty (50) feet to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten feet of any road right-of-way. Such activities shall not occupy any required sidewalk, parking area or driveway.

(2) Any outdoor sales, storage, or display area located closer than 100 feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan.

(3) Illumination of outdoor sales, storage, or display areas shall be designed to prevent glare or direct light from the illumination source into residential areas.

(4) Outdoor displays shall be maintained in a neat and orderly fashion.

(5) The site plan submitted with an application for a conditional zoning certificate shall indicate the types of merchandise to be displayed, and, if applicable, any seasonal changes of display.

(6) Outdoor repair, preparation, cleaning, assembly, disassembly, or other outdoor activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved in the conditional zoning certificate.

(t) Exterior Storage in Industrial Areas, Contractor’s Yards and Storage Facilities. Materials and equipment shall only be stored in completely enclosed buildings except as hereinafter provided or as provided in 1153.05. Where accessory to a permitted use, materials and equipment may be stored outside provided that all aspects of the storage comply with the following regulations:

(1) No storage shall be permitted in any required yard area;

(2) Outdoor storage areas shall not cover more than fifteen percent (15%) of the site area;

(3) Outdoor storage shall be screened by such walls, fences and landscaping as may be determined by the Planning Commission to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot. Screening of outdoor storage areas from public roads and industrial park access roads shall be by buildings housing the principal use, or by ornamental face brick wall or by a completely obscuring ornamental fence of wood or other material which is architecturally compatible with the design of the principal buildings;

(4) A site plan of the area proposed for outdoor storage shall be submitted for review and approval with the conditional zoning certificate. Such plans shall show the type of materials or equipment to be stored, all principal buildings on the site, property lines, abutting. roads and proposed screening methods.

(5) All materials, equipment, tools, and facilities shall be neatly arranged and maintained at all times.

(u) Accessory Retail or Wholesale in Industrial Districts.

(1) Accessory retail or wholesale activity shall only be permitted if it is clearly and directly related to the principal activity on the lot and if the. impacts of the proposed activity will be compatible with the district.

(2) Accessory retail or wholesale activity shall only be conducted within the main building on the lot.

(3) Signs advertising the accessory retail or wholesale activity are not permitted.

(4) The applicant shall provide information and make commitments to the satisfaction of the Planning Commission regarding the amount and impacts of the proposed retail or wholesale activities. The applicant shall provide estimates of the volume and dollar value of projected retail or wholesale sales in comparison to the volume and dollar value of the principal activity on the lot and shall establish a method for documenting the actual volumes and values if requested by the City.

(v) Comparable Use. An applicant may submit an application for a conditional zoning certificate for a building or use which is not specifically listed as a permitted use or a conditionally permitted use in a district. The Planning Commission shall interpret this Code to determine if the proposed use is a “comparable use”. The Planning Commission shall make a recommendation to City Council after consideration of the proposed use with respect to the following standards and other applicable provisions of this Code:

(1) Whether the use has characteristics and impacts consistent with those of one or more of the permitted uses in the district; and the use has characteristics and impacts more consistent with those of the permitted uses of the subject district that with the permitted uses of any other district;

(2) Whether the establishment of the use in the district will significantly alter the nature of the district;

(3) Whether the use will create dangers to health and safety or create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the subject district;

(4) Whether the use typically requires site conditions or features, building bulk or mass, parking, or other requirements dissimilar from permitted uses; and whether the typical development of site and buildings for the use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions, setbacks, etc. of the district.

The Planning Commission shall recommend to City Council whether or not the proposed use shall or shall not be a comparable use for the subject district and whether the conditional zoning certificate should be approved. Upon receipt of the recommendation of the Planning Commission, City Council shall take action as provided at Section 1139.02.

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

(w) Assisted Living Facility - assisted living and other comparable uses may be established provided the facility complies with the following regulations:

(1) All principal structures and activity areas, including parking, are located at least one hundred feet (100') from all property lines.

(2) All principal structures and activity areas, including parking, adjoining residential areas are to be located at least one hundred fifty feet (150') from the adjoining residential area.

(3) Assisted Care Facilities must front on a major or secondary street, as those terms are defined in Section 1109.04 of the Aurora Codified Ordinances.
(Ord. 2003-012. Passed 4-28-03.)

(x) Funeral Homes. The only dwelling on the property, if one is provided, shall be for the facility’s manager, caretaker, or maintenance person, and related family.

(Ord. 2013-062. Passed 6-10-13.)

1153.05 ACCESSORY USES AND STRUCTURES.

(a) Accessory Uses and Structures Generally.

(1) Accessory uses and structures shall be permitted in all districts in conformance with the provisions of this Code. Any use which is listed as a conditional use in Table 1153.01 and which is proposed to be established as an accessory use shall comply with all standards applicable to the conditional use in addition to those applicable for an accessory use.

(2) An accessory use or structure shall only be established on a lot having a principal use or structure and shall not be constructed or established prior to the principal use.

(3) An accessory structure shall only be used for a use which is accessory to the principal use.

(4) All accessory uses and structures shall be:

A. Clearly subordinate to the principal use or structure.

B. Directly serve the principal use or structure.

C. Subordinate in area, extent and purpose to the principal use or structure.

D. Located on the same lot as the principal use or structure.

E. Reasonably and customarily incidental to the principal use or structure.

F. Setbacks for accessory structures are as specified in Table 1155.01, note (12) and Section 1155.03.

(5) Use of portable storage containers, cargo containers, shipping containers, rail cars and the like, or carports, are not considered an accessory building as defined in Section 1133.02 (11)(a) and are prohibited in residential districts except where allowed as a temporary use per Section 1153.06 (a)(6).

(Ord. 2022-088. Passed 5-23-22.)

(b) Area of Accessory Structures in Residential Districts.

(1) No more than two (2) accessory buildings shall be erected on any lot in a residential district.
(Ord. 2014-165. Passed 1-26-15.)

(2)

Combined Floor Area of all Accessory Structures	Less than 1 acre	1 acre up to 1.5 acres	1.5 acres to 5 acres	Over 5 acres
Combined Floor Area of all Accessory Structures	Maximum 576 sq. ft.	Maximum 1,000 sq. ft.	Maximum 2,000 sq. ft.	Maximum 3,000 sq. ft.

(3) Damage to nonconforming accessory structures. Notwithstanding any other provision of this zoning and subdivision code, in the event of damage to any accessory structure that has become nonconforming as the result of the enactment of this section, such structure may be reconstructed to the original size and on the original location of the structure within a ten-year period commencing with the date of enactment of this section. After passage of the ten-year period set forth, all such damaged structures may only be rebuilt or repaired in compliance with Chapter 1169 or other provisions of this Zoning Code. (Ord. 2009-094. Passed 1-25-10.)

(c) Area of accessory structures in commercial and industrial districts. On a lot in a commercial or industrial district, the area of land covered by accessory structures shall not exceed fifty percent (50%) of the floor area of principal buildings.

(Ord. 2014-165. Passed 1-26-15.)

(d) Animals in Residential Districts.

(1) The keeping of small animals shall be permitted in any residential district provided such animals are not raised as a business and provided that such animals are not boarded for persons living off the premises and provided such animals are kept in accordance with the provisions of this Code and other regulations of the City.

(2) A small animal pen or shelter shall not be located in the front or side yard. A small animal pen or shelter shall not be located closer than twenty (20) feet to a side lot line or closer than twenty (20) feet to a rear lot line.

(3) The height of a small animal shelter shall not exceed ten (10) feet.

(4) Animals not permitted in subsection (d)(1) hereof shall be kept only on lots having an area of not less than three (3) acres. No building or enclosure used to shelter or provide eating or watering facilities for such animals shall be permitted closer than 100 feet from any lot line. No grazing will be permitted in the front yard. Enclosures may not include residential structures or garages and must be properly designed and constructed for the animal it is housing.

(5) All animal feed or other material intended for consumption by animals shall be kept in containers impenetrable by rodents, insects or predators.

(6) Any portion of a property devoted to the keeping of animals, other than those defined as small animals, must be fully enclosed by a fence that confines any such animals they are keeping to the property.

(7) Any house, shed, pen or enclosure for the keeping of roosters shall be located a minimum of 500 feet from any property line.

(8) The total floor area of shelters and area of land enclosed by pens shall not exceed one percent (1%) of the minimum lot size permitted for a district. The floor area of shelters shall not exceed one half percent (0.5%) of the minimum lot size permitted for a district.

(9) Plans for any animal enclosure, excluding small animal shelters, shall be submitted to the Architectural Board of Review for review and approval.

(Ord. 2016-114. Passed 11-21-16.)

(e) Fences.

(1) Fences generally. In all districts, fences shall comply with the following:

A. Barbed wire fences and electrified fences shall not be permitted in any district, except that the Board of Zoning Appeals may grant an exception to permit the construction of a barbed wire fence or electrified fence where it finds that the nature of a use enclosed by such fence, the location and appearance of the fence, and the public welfare and safety justify such permit.

B. Fences, walls, and hedges shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such structures and property lines shall be well maintained at all times.

C. The provisions of this Section 1153.04(e) shall not apply to shrubbery fences or other natural growth along property lines.

D. A snow fence may be erected or placed in any yard during the period from November to April for the sole purpose of preventing the drifting of snow on roads, driveways and sidewalks, but such fence shall not be used at any time as a temporary or permanent fence or enclosure.

E. The side of the fence closest to an adjacent property line and facing outward from the yard being fenced shall be the smooth finished side and all horizontal, diagonal, or supporting members shall be on the interior side of the fence.

F. Fences shall be designed to be compatible with the character and style of the principal building on the lot. Fence design shall be considered in relationship to surrounding properties to promote continuity of design. A fence shall be finished only in a solid color. An application for a fence permit may be referred to the Architectural Board of Review by the Director of Planning and Zoning or his designee.

(2) Fences in Residential Districts.

A. Front Yard

1. Fences of woven wire, chain link, barbed wire and masonry type construction shall not be constructed in the front yard area.

2. Fences shall be no more than four feet (4') high. Each section of fence between support posts shall have uniform openings aggregating at least fifty percent (50%) of the surface.

3. Fences shall maintain a minimum distance of two feet (2') from the road right-of-way line.

4. These front yard regulations shall apply to any yard area of a lot that abuts a public road, including side yards of corner lots.

B. Rear and Side Yard. Fences may be erected in rear yards and in any side yards, provided that the yard does not abut a public road, subject to the following regulations.

1. The fence shall not be over six (6) feet in height.

2. Those parts of fences, exclusive of gates, erected between a side lot line and a dwelling and which are parallel to the public road shall be landscaped so as to screen such fence from the road in a manner approved by the Director of Planning and Zoning.

3. Fences may be erected to be contiguous with the property line in rear and side yards which do not abut a public road.

(Ord. 2001-201. Passed 8-27-01.)

C. Fences in planned developments, in multi-family districts, and in residential conservation developments shall comply with the provisions of this Code relating to fences in residential areas unless the Planning Commission approves special uniform standards for fencing within a specific development which meet the spirit and intent of these provisions and which are part of a comprehensive plan for the development.

(3) Fences in Commercial and Industrial Districts. Except as otherwise provided in this Code, fences in commercial and industrial districts shall comply with the following standards:

A. Fences shall only be constructed in rear and side yards.

B. Except as provided in (D) below, fences may abut the property line.

C. Fences shall not exceed a height of ten (10) feet.

D. Fences abutting residential districts shall be submitted for review and approval by the Planning Commission. Fences shall be set back at least ten (10) feet from the property line. A landscape plan shall be submitted with the application and shall include planting adjacent to the fence and facing the residential area and including at least one (1) shrub for every ten (10) feet of fence. Shrubs need not be evenly spaced, but may be attractively arranged. At least 50% of the shrubs shall be evergreen. Shrubs shall be a minimum of two (2) feet in height at the time of planting and shall be of a type expected to reach at least six (6) feet at maturity. Vegetation shall be planted no closer than three feet to any property line. If mounding is used the slope shall be no greater than 3:1 (or for every three feet of horizontal space the rise in grade is one foot).
(Ord. 2014-165. Passed 1-26-15.)

(f) Swimming Pools.

(1) Definition - A swimming pool is defined as any artificial or semiartificial basin or tank, either in-ground or above-ground, including all equipment, piping, structures and appurtenances, which impounds water to a depth of eighteen inches or more at any point, intended to be used solely for swimming, diving, wading, recreational bathing or other enjoyment by the residents and/or guests of the property on which it is located.

(2) Before proceeding with the installation, construction or excavation of any outdoor, privately owned swimming pool, a permit shall first be obtained from the Zoning Inspector by the owner of the property upon which the pool will be located. The application for such permit shall be made upon printed forms furnished by the Zoning Inspector and shall include a sketch which shows the location of the pool on the property. The sketch shall also show the location, material and height of any required enclosure. No owner shall fail to obtain such a permit.

(3) All work shall be done in accordance with applicable sections of the Zoning and Building Codes of the City.

(Ord. 2016-113. Passed 11-21-16.)

(4) Swimming pools shall be located only in a rear yard and shall be located a minimum of ten feet from any property line or fifteen feet from the principal building, not to include any deck area attached to the principal building. Exceptions include hot tubs or spas which are permitted to be against the primary residence, while maintaining all other setback requirements.

(Ord. 2022-088. Passed 5-23-22.)

(5) Every swimming pool shall be completely enclosed by a permanent fence, wall or barrier intended to prevent uncontrolled access to the pool by children from public property and adjacent private property. Pools located on properties with ten (10) acres or more and spas and hot tubs with lockable safety covers which comply with ASTM F1346 standards shall be exempt from the above provisions. Any safety cover shall be kept over the pool and securely fastened at all times when such pool not in use.

(6) The swimming pool enclosure requirements of this section shall apply to all new pools installed on or after March 31, 1991 and to all additions, alternations, repairs or replacements made to existing swimming pool enclosures. All swimming pools installed prior to March 31, 1991 shall be completely enclosed as required in this section on or before March 31, 1992.

(7) Swimming pool enclosures shall be a fence, wall, accessory building wall or a combination thereof which completely surrounds the pool. The pool side of the enclosure shall be not less than twenty-four inches from the water's edge. The top of the enclosure, including all gates and doors therein, shall be not less than forty-eight inches above grade measured on the exterior side of the enclosure.

(8) Where the house, deck and pool are all interconnected, continuous or open to each other, a four (4) foot high fence/wall with self-closing and latching gate(s) must be installed or an alarm system must be installed on all house doors that open to the pool area. All steps to the deck must also have a self-closing and latching device that meet the "gate requirements". All gates shall swing outward.

(9) There shall be no openings, holes or gaps in a pool enclosure large enough for a sphere four inches in diameter to pass through. An enclosure fence or wall shall have no handholds, footholds or horizontal members accessible from the exterior side of the enclosure. Horizontal members of fences shall be placed on the pool side of the fence. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally.

(10) All gates in a swimming pool enclosure shall be equipped to accommodate a locking device. The gate latch shall be located not less than forty-two inches above grade or shall otherwise be made inaccessible to small children from the outside of the enclosure. All gates shall be kept locked at times when the swimming pool is not in use.

(11) A temporary fence at least forty-two inches in height shall be erected, completely enclosing the excavation for an in-ground swimming pool. Such fence shall remain in place until completion of the permanent enclosure.

(12) An enclosure is not required around an above-ground swimming pool located on a single-family residential property, provided A and B are met or C:

A. The pool has non-climbable vertical sides not less than forty-eight inches in height above grade adjacent to the pool; and

B. Any access steps or ladders are either removable without the use of tools or are designed to be secured in an inaccessible position when the pool is not in use with a lock or latch located not less than forty- two inches above grade adjacent to the pool; and or

C. The pool comes equipped with a self-contained fence which mounts atop the vertical wall of the pool.

(13) Maintenance. It is the responsibility of the property owner to ensure that the enclosure including all gates, doors, locks and latches are kept maintained, safe and in good working order at all times. No person shall alter or remove any portion of a pool enclosure except to repair, replace or reconstruct the enclosure in compliance with the requirements delineated herein.

(14) Draining. Where possible, all swimming pools are to be drained into the public sanitary sewerage system. Where the public sanitary sewerage system is not available, it may be necessary to remove the contents of a pool to an approved disposal site. No pool shall be drained by discharge to a public storm sewer or to a drainage ditch or channel without approval by the Zoning Inspector.
(Ord. 2016-113. Passed 11-21-16.)

1153.06 TEMPORARY USES.

(a) The following temporary uses may be approved by the Director of Planning and Zoning in conformance with written administrative policies approved by the Planning Commission:

(1) A carnival, circus, assembly in a tent, or other outdoor event on the same lot as the building of a religious, educational, or fraternal organization, provided that such event shall not exceed a period of fifteen (15) days and a maximum of two (2) times per year. No parking structure or equipment shall be located within fifty (50) feet of any residential district.

(2) A Christmas tree sales lot on the same lot as the building of a religious, educational, or fraternal organization for a period not to exceed sixty (60) days.

(3) A temporary parking facility, on any abutting lot, for the activities identified above.

(4) In the 1-1 District, temporary outdoor storage of equipment or material, including trailers, required for the principal use of the property for a period not greater than three (3) months which may be during the time when an application for a conditional zoning certificate for permanent outdoor storage is pending before the Planning Commission, provided that the storage shall not be in a required yard and shall be in a location reasonably screened from the view of nearby public rights-of-way. The zoning certificate for the temporary storage shall include such other conditions as the Director of Planning and Zoning deems necessary.

(5) Temporary construction equipment or facilities necessary for the construction of a permitted use or an approved conditionally permitted.

(6) One portable storage container shall be allowed in residential zoned districts on a temporary basis during construction of a project with an open permit, or during grading operations when utilized solely for the storage of supplies and equipment that are used for the construction and grading on that site.

A. Such use without an open permit shall be limited to a period not to exceed thirty (30) days. No more than two (2) thirty (30) day periods may be permitted for the same property within a twelve (12) month period. No portable storage container may be used for temporary or permanent living purposes.

(Ord. 2022-088. Passed 5-23-22.)

(b) The following temporary uses may be approved by the Planning Commission:

(1) Model home/residential sales office in a residential district.

(2) The sales, on a site which is under construction, of soil, rock, or other material produced on the site as a by-product of such construction.

(1) Sales of household goods (“garage sale”, “yard sale”, “estate sale”). Sales of household goods used in a dwelling are permitted on the same lot as the dwelling, provided that sales events shall not occur more than two (2) times per year and shall not exceed a maximum of four (4) days per event.

(2) Accessory sales of products grown on the same lot as a dwelling, including such products as vegetables, flowers, fruit and firewood, provided that sales shall not be conducted for more than six (6) months of the year. Accessory sales of plants, nursery stock, mulch, topsoil, rocks, and related products are prohibited.

(3) Sales of vehicles. Sales of the personal vehicles of the occupant of a dwelling are permitted on the same lot as the dwelling provided that such sales shall not involve more than one (1) vehicle at a time and shall not occur more than two (2) times per year.

(Ord. 2014-165. Passed 1-26-15.)

1153.07 PRE-EMPTED USES.

State and federal laws may require the City of Aurora to allow the establishment of certain uses which are not listed as permitted or conditionally permitted uses for the Districts. Where state or federal regulations require that such a use be allowed, all provisions of this Zoning Code shall apply to the use to the extent that the application of the provisions is consistent with and not precluded by state or federal laws.

(Ord. 2014-165. Passed 1-26-15.)

1153.08 PROHIBITED USES.

Any use which is not specifically listed as a permitted use or a conditional use in Table 1153.01 Permitted Uses and Conditional Uses for one or more of the zoning districts is a prohibited use in the City of Aurora unless otherwise approved according to the requirements and procedures established in this Code. A prohibited use shall not be established in any district of the City of Aurora.

(a) Medical Marijuana Dispensaries, Cultivation or Processing; as defined in Section 1133.02 .
(Ord. 2016-116. Passed 10-24-16.)

1153.09 PERFORMANCE STANDARDS FOR ALL USES.

Every structure shall be designed, arranged and situated on the site and in relationship to adjacent uses, every use of land or structure shall be conducted, and every lot and every structure shall be maintained, in such a manner that:

(a) The structure or land will not create a nuisance upon the premises;

(b) The structure or land will avoid detrimental or blighting influences upon the neighborhood;

(c) The structure or land will not, by means of noise, toxic gases, fumes, vapors, odors, radiation, light, heat, fire exposure, hazard, vibration or electrical interference, or by other means, unreasonably interfere with or impair the use or enjoyment of neighboring premises, including fluctuation in line voltage;

(d) No lighting shall shine directly on or be a nuisance to occupants of adjacent property, nor impair safe movement of vehicles on any road;

(e) The structure or land will not be hazardous to the community on account of such things as the danger of fire or explosion, even when conducted under adequate safeguards.

(Ord. 2014-165. Passed 1-26-15.)

1153.10 SPECIAL PROVISIONS FOR THE T1 DISTRICT.

(a) Supplemental Site Plan Standards.

(1) All uses permitted in the T1 District, other than single family residential dwellings, shall be permitted only after review of the overall site plan by the Planning Commission and recommendation to Council for its final approval.

(2) The site plan shall be drawn to a legible scale, shall show all topographical . features of the lot, existing building placement on the site and all activity areas; a circulation and parking plan and landscaping plan.

(3) Prior to approval by the Planning Commission, grading and surface drainage provisions and the design and construction of all driveways shall be reviewed and approved by the City Engineer in accordance with the Subdivision Regulations.

(b) Supplemental Regulations.

(1) The relation of buildings and uses in the District shall be such that no proposed use shall hinder or discourage the appropriate development or use of any adjoining property. The Planning Commission may consider design, population density, traffic pattern, setback, landscaping features, walls or fences or any other element which may impact upon the architectural and historic character of the area.

(2) Maximum possible visual and auditory privacy for surrounding properties and occupant shall be provided through good design and use of proper building materials and landscaping.

(3) On site circulation shall be developed to make possible adequate police and fire protection.

(4) Design and construction of all driveways shall be in compliance with Section 1163.02 (j)(3) of the Zoning Code.

(5) Exterior lighting shall not shine directly on adjacent properties and shall be located on a building facade facing a street.

(6) No fire escapes or other exterior stairways to upper floors of a building shall be located on a building facade facing a street.

(7) All uses shall utilize the existing residential buildings in the District.

(8) When residential buildings are adapted for other uses permitted in this District, the new use shall maintain the same basic residential environment in terms of the building exterior, landscaping and operation of the nonresidential use.

(9) All uses shall be conducted in a manner which is compatible with a residential neighborhood.

(10) Parking areas shall be located to the side or rear of the building.

(11) The conversion of any residence to accommodate any of the uses conditionally permitted herein, or those which may be conditionally permitted by the Planning Commission with the approval of Council, shall comply with all the applicable building codes adopted by the City, including but not limited to, the Ohio Building Code and the National Fire Prevention Code.