The purpose of this chapter is to provide standards and procedures under which conditional use may be permitted, enlarged or altered if the site is appropriate and if other conditions can be met.

(Ord. 415 § 7.130.010, 2002)

Action on the application shall be in accordance with Chapter 16.76.

(Ord. 415 § 7.130.020, 2002)

A.

The Planning Commission shall approve a time schedule for developing a site in phases but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review.

B.

In addition to Section 16.60.040, the following criteria shall be satisfied for approving a phased conditional use:

1.

The public facilities shall be constructed in conjunction with or prior to each phase.

2.

The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable city or district standard.

3.

The phased development shall not result in requiring the city or other property owners to construct public facilities that were required by approved development proposal.

(Ord. 415 § 7.130.030, 2002)

A.

The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use based on findings of fact with respect to each of the following criteria:

1.

The characteristics of the site are suitable for the proposed use considering size, shape, location, topography and natural features;

2.

All required public facilities have adequate capacity to serve the proposal and are improved to the standards in Chapter 16.34;

3.

The requirements of the zoning district are met;

4.

The use is compatible with surrounding properties or will be made compatible by imposing conditions;

5.

All parking and loading areas are designed and improved in accordance with the requirements set forth in Chapter 16.42;

6.

All landscaping is designed and improved in accordance with the requirements set forth in Chapter 16.38;

7.

All public improvements are designed and constructed in accordance with the requirements set forth in Chapter 16.34;

8.

All facilities for the handicapped are designed in accordance with the requirements set forth in the ADA requirements;

9.

The provisions of all applicable chapters of this title are satisfied; and

10.

Properties located in the historic commercial or historic residential overlay comply with the requirements set forth in Title 17 of the Aurora Municipal Code.

11.

All applicable local, county, state, and federal licensing is maintained in good standing.

B.

In reviewing an application for a conditional use, the commission shall consider the most appropriate use of the land and the general welfare of the people residing or working in the neighborhood. In addition to the general requirements of this title, the commission may impose any other reasonable conditions deemed necessary. Such conditions may include, but are not limited to:

1.

Limiting the manner in which the use is to be conducted, including restrictions on the hours of operation;

2.

Establishing additional setbacks or open areas;

3.

Designating the size, number, location and nature of vehicle access points;

4.

Limiting or otherwise designating the number, size, location, height and lighting of signs;

5.

Requiring fences, sight-obscuring hedges or other screening and landscaping to protect adjacent properties;

6.

Protecting and preserving existing soils, vegetation, wildlife habitat or other natural resources.

(Ord. 488, § 2(Exh. A), 2019; Ord. 415 § 7.130.040, 2002)

A.

The Planning Director shall determine that a major modification(s) will result if one or more of the following changes are proposed:

1.

An increase of ten (10) percent or more in dwelling unit density, or lot coverage for residential development;

2.

A change that requires additional on-site parking in accordance with Chapter 16.42;

3.

A change in the use as defined by the Uniform Building Code;

4.

An increase in the height of the building(s) by more than twenty (20) percent or an increase to more than thirty-five (35) feet in height for zones where heights greater than thirty-five (35) feet may be permitted;

5.

A change in the type and location of access ways and parking areas where off-site traffic would be affected;

6.

An increase in vehicular traffic to and from the site expected to exceed twenty (20) vehicles per day;

7.

A reduction of project amenities where specified in the approved site plan including open space, recreational facilities, screening, and/or landscaping provisions;

8.

A modification to the conditions imposed at the time of conditional use approval which are not the subject of subdivisions (1) through (9) of this subsection.

B.

When a proposed modification to the site development plan is determined to be a major modification, the applicant shall submit a modified conditional use application and receive Planning Commission approval prior to any issuance of building permits.

C.

Modified site development review applications shall be noticed and processed in accordance with Chapter 16.76.

(Ord. 415 § 7.130.050, 2002)

A.

Any modification which is not within the description of a major modification as provided in Section 16.60.050, may be considered a minor modification.

B.

A minor modification shall be approved, approved with conditions or denied following the Planning Director's review based on the finding that no ordinance provisions will be violated and the modification is not a major modification.

(Ord. 415 § 7.130.060, 2002)

A.

All applications shall be made on forms provided by the city.

B.

All applications shall include a narrative discussing how the proposal conforms to the standards in Section 16.60.040.

C.

All applications shall include three copies of site development plans containing the information required in Section 16.60.080 and drawn to a standard engineering scale. One copy must be no larger than eleven (11) inches by seventeen (17) inches.

(Ord. 415 § 7.130.070, 2002)

Required information may be combined on one map. Site development plan(s) shall include the following information, as appropriate:

A.

A vicinity map showing the proposed site and surrounding properties;

B.

The site size and its dimensions;

C.

The location, dimensions and names of all existing and platted streets and other public ways and easements on the site and on adjoining properties and all proposed streets and easements on the site;

D.

The location and dimension of all proposed:

1.

Entrances and exits on the site;

2.

Parking and traffic circulation areas;

3.

Loading and services areas, where applicable;

4.

Pedestrian and bicycle facilities;

5.

Utilities;

E.

The location dimensions and setback distances of all:

1.

Existing structures, improvements and utilities which are located on adjacent property within twenty-five (25) feet of the site and are permanent in nature; and

2.

Proposed structures, improvements, and utilities on the site;

F.

Contour lines at two-foot intervals for grades zero to ten (10) percent and five-foot intervals for grades over ten (10) percent for current site grades;

G.

A grading plan that includes:

1.

The identification and location of the benchmark and corresponding datum;

2.

Location and extent to which grading will take place indicating contour lines, slope ratios, and slope stabilization proposals;

3.

The location of drainage patterns and drainage courses;

H.

The location of any floodplain areas (one hundred (100) year floodplain and floodway);

I.

The location of any slopes in excess of twelve (12) percent and any areas subject to slumping, earth slides or movement;

J.

The location of any areas having a high seasonal water table within twenty-four (24) inches of the surface for three or more weeks of the year, and the location of any wetlands;

K.

The location of any areas having a severe soil erosion potential as defined by the soil conservation service, the location of any areas having severe weak foundation soils; and the method for mitigating any adverse impacts on wetlands;

L.

A landscaping plan including:

1.

Location and height of fences, buffers and screening;

2.

Location of terraces, decks, shelters, play areas, and common open spaces where applicable;

3.

Location, type and size of plant materials; and

4.

Soil conditions, and erosion control measures that will be used.

(Ord. 415 § 7.130.080, 2002)

A conditional use permit may carry to future property owners/operators of the approved conditional use if the approval standards and conditions continue to be met. The commission, on its own motion following a public hearing conducted pursuant to Chapter 16.76, may revoke any conditional use permit for one of the following reasons:

A.

Noncompliance with the conditions placed upon it;

B.

The approval was obtained by fraud or by misrepresentation;

C.

The use for which such approval was granted has ceased to exist or has been suspended for more than two years; or

D.

The permit granted is being exercised in violation of a state law or in a manner that constitutes a public nuisance.

(Ord. 488, § 2(Exh. A), 2019; Ord. 415 § 7.130.090, 2002)