Aurora City Zoning Code
SECTION 14
CONDITIONAL USES
§ 14.1 General.
Any use that requires a conditional use permit is prohibited in the City unless and until the City Council grants a conditional use permit for such use in accordance with the requirements and procedures set forth in this section.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 14.2 Applications.
14.2.1.
Submittal.
All conditional use permit applications shall be submitted to the Code Official as provided in this Ordinance. All applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of this Ordinance. An appropriate fee established by the City Council shall be collected at the time of submittal.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 14.3 Public Hearing.
14.3.1.
Hearing and action.
A conditional use permit may only be granted following a public hearing before the Planning and Zoning Commission and the City Council in accordance with the same notice and hearing requirement for zoning changes as set forth in Section 19 [20] of this Ordinance. However, approval of a conditional use permit shall not be considered a change of zoning and shall not be subject to the protest procedures set forth in Section 2113.006 [211.006] of the Local Government Code.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 14.4 Determination.
14.4.1.
Authorization.
In deciding whether to approve a request for a conditional use permit, the City Council shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless the evidence presented is such to establish:
a.
That such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area.
b.
That such use will comply with the regulations and conditions specified in this Ordinance for such use.
c.
The request is consistent with all applicable provisions of the comprehensive plan.
d.
The request is compatible with the existing or allowable uses of adjacent properties.
e.
The applicant can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.
f.
The request can demonstrate adequate provision for maintenance of the use and associated structures.
g.
The applicant has minimized, to the degree possible, adverse effects on the natural environment.
h.
The request will not create undue traffic congestion.
i.
The City Council shall itemize, describe or justify, and have recorded and filed in writing, the conditions imposed on the conditional use.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 14.5 Expiration and Revocation.
14.5.1.
General.
A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. When such permit is abandoned or discontinued for a period of 1 year, it shall not be reestablished, unless authorized by the City Council.
A conditional use permit shall be revoked when the applicant fails to comply with conditions imposed by the hearing examiner.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 14.6 Amendments.
14.6.1.
General.
An amendment to an approved conditional use permit shall be submitted to the Code Official accompanied by supporting information. The and [sic] Zoning Commission and the City Council shall review the amendment and the City Council shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary.
(Ordinance O-06-0403Z adopted 7/3/2007)