This title shall be known as the "Development Code of the City of Aurora" and shall be referred to herein as "this title."

(Ord. 415 § 7.10.010, 2002)

It is the general purpose of this title to provide the principal means for the implementation of the Aurora comprehensive plan. This title is designed to regulate the division of land and to classify, designate and regulate the location of building, structures and land, and to divide the city into zones to carry out these regulations and provide for their enforcement. Further, it is the purpose of this title to assure that the initial division of land into lots meeting the minimum requirements for subsurface sewage disposal systems established by the state will also accommodate future re-division as public sewer service is extended.

This title also has the following special purposes: to promote coordinated, sound development with consideration for the city's natural environment, amenities, views, and the appearance of its buildings and open spaces; to achieve a balanced and efficient land use pattern, to protect and enhance real property values, to promote safe and uncongested traffic movement, and to avoid uses and development that might be detrimental to the stability and livability of the city; to safeguard and enhance the appearance of the city through the advancement of effective land use, architectural design and site planning; to aid in the rendering of fire and police protection; to provide adequate open spaces for light and air; to prevent undue concentration of population; to facilitate adequate provisions for community utilities and facilities; and, in general, to promote public health, safety, convenience and the general welfare.

(Ord. 415 § 7.10.010, 2002)

Except as otherwise specifically provided by this title, no building or other structure shall be constructed, improved, altered, enlarged or moved, nor shall any use or occupancy of premises within the city be commenced or changed after the effective date of the ordinance codified in this title, except in conformity with conditions prescribed for each of the several zones and general regulations established hereunder. No person shall divide land without first complying with the provisions of this title and the laws of the state of Oregon. It is unlawful for any person to erect, establish, construct, move into, alter, enlarge, use, or cause to be used, any building, structure, improvement or use of premises located in any zone in a manner contrary to the provisions of this title. Prior to development as defined by this title, a development permit shall be obtained from the city.

(Ord. 415 § 7.10.010, 2002; Ord. 499, § 3(Exh. B), 2022)

All development applications approved more than two years prior to the adoption of the ordinance codified in this title shall be considered void, unless the Planning Commission determines that the conditions of approval are substantially completed. All development applications approved less than two years prior to the adoption of said ordinance may occur according to such approvals. All development applications received by the city after the adoption of said ordinance shall be subject to review for conformance with the standards under this chapter or as otherwise provided by state law.

(Ord. 415 § 7.10.010, 2002)

A.

An interpretation is a decision which is made under land use standards that require an exercise of policy or legal judgment. By definition, an interpretation does not include approving or denying a building permit issued under clear and objective land use standards or a limited land use decision.

B.

Each development and use application and other procedure initiated under this title shall be consistent with the adopted comprehensive plan of the city as implemented by this title and applicable state and federal laws and regulations. All provisions of this title shall be construed in conformity with the adopted comprehensive plan.

C.

Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by any other provision of this title or of any other ordinance, or resolution, the most restrictive or that imposing the higher standard shall govern.

D.

The Planning Commission shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this title. All requests for interpretations shall be in writing and on forms provided by the City Recorder. Upon receipt of such a request, the commission shall schedule the interpretation as a consideration item at the next regularly scheduled meeting.

If the person making the request disagrees with the commission's interpretation, they may appeal it to the City Council. The Council will hear the appeal as a consideration item at the next month's regularly scheduled meeting. The decision of the Council shall be conclusive upon the parties.

E.

When an interpretation is discretionary, notice shall be provided and the interpretation processed in accordance with the quasi-judicial process if specific property is involved or the legislative process if no specific property is involved.

F.

The Planning Director may develop administrative guidelines to aid in the implementation and interpretation of the provisions of this title.

G.

The City Recorder shall keep a written record of all interpretations and shall make the record available for review on written request.

H.

The City Council may exempt special events from the provisions of this title. A special event is an activity lasting a total of seven contiguous calendar days or less in a one-year period and approved by the City Council.

(Ord. 415 § 7.10.010, 2002)

Upon approval of any development permit or any land use approval of any property which abuts or is served by an existing substandard street or roadway, the applicant shall make the necessary right-of-way dedications for the entire frontage of the property to provide for minimum right-of-way widths according to the adopted Aurora transportation system plan and shall improve the abutting portion of the street or roadway providing access to the property in accordance with the standards in Chapter 16.34.

(Ord. 415 § 7.10.010, 2002)

To defray expenses incurred in connection with the processing of applications, report preparation, notice publications, and similar matters, the city may charge fees as established by resolution of the Council. The filing of an application shall not be considered complete, nor shall action be taken to process it until the required fee has been paid.

(Ord. 415 § 7.10.010, 2002)

A.

All lots hereafter created within the city shall have a minimum width, depth and lot area as shown in the discussion of the zone. It is not the intent of this title to deprive owners of substandard lots the use of their property. Lots of record lawfully created prior to December 27, 1988, may be built on according to the following:

1.

The lot has access to municipal sewer service.

2.

A lot of record having less width or depth than required by this title may be built upon, provided that either all required setbacks are complied with, or a variance is granted pursuant to Chapter 16.64.

B.

Every building constructed hereafter shall maintain the required setbacks. Every part of the required setback shall remain unobstructed, with the following exceptions:

1.

A new structure being located between two existing buildings that were sited closer to the street than allowed for this title, may use an average of the depths of the two existing front yards to establish the front setback.

2.

If there is a dwelling on one abutting lot with a yard of less depth than the required depth for the zone, the yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required yard depth.

(Ord. 462 § 1, 2011; Ord. 415 § 7.10.010, 2002)

Ordinary building projections, such as eaves, cornices and chimneys may project into the required yards by not more than twenty-four (24) inches. Uncovered decks and terraces not more than thirty (30) inches above grade may project into a required yard, but shall remain not less than five feet from the property line. Uncovered decks and terraces more than thirty (30) inches above grade shall not be permitted to project into required setbacks.

(Ord. 462 § 1, 2011; Ord. 415 § 7.10.010, 2002)