Aurora City Zoning Code
SECTION 9
ADDITIONAL SPECIAL ZONING
§ 9.1 OS - Open Space District.
9.1.1.
General Purpose and Description.
The Open Space District is intended to preserve natural spaces for city park uses, preserving habitat, protecting the quality and quantity of water resources, providing an alternative means to manage stormwater runoff, promoting good air quality and creating opportunities for recreation and education.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 9.2 P/SP Public/Semi-Public District.
9.2.1.
General Purpose and Description.
The Public/Semi-Public District is intended to outline areas for public use.
9.2.2.
Permitted Uses.
Common public/semi-public uses include, but are not limited to cemeteries, mortuaries, and museums.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 9.3 PDD Planned Development District.
9.3.1.
General Purpose and Description.
A PDD (Planned Development District) provides for combining and mixing of uses allowed in various districts with appropriate regulations, permitted use of land, buildings and designs that are consistent and will not be harmful to the citizens and community. Procedures established herein will ensure against misuse.
The outer boundary of each PDD Zoning District will be shown on a map. Each PDD must be wholly contained within the incorporated City limits and cannot extend either into the future City's extraterritorial jurisdiction or into another city's extraterritorial jurisdiction. The City, however, may conditionally approve a Preliminary Development Plan contingent on the areas outside of the City's limits being annexed into the City prior to approval of the Final Development Plan.
Said map will include a descriptive legend, the specific boundaries of the area, proposed uses authorized for any other zoning district, and percentage of the total area of such PDD, which will comprise each such separate use, and all notations, references, and other information shown thereon, will be adopted by ordinance.
9.3.2.
Permitted Uses.
A PDD will be comprised of a combination of residential, multifamily, and commercial uses, with the exception of C-3 Heavy Commercial, I-L, Light Industrial, I-H, Heavy Industrial and I-O, Industrial Office Overlay. Each designated PDD district will have unique standards and requirements that are described in the adopting Ordinance for that district. A PDD can also include utilities, but only those directly related to the proposed development.
9.3.3.
Development Standards
9.3.3.1.
Development standards for each separate PDD District shall be set forth in the ordinance granting the PDD District and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate.
9.3.3.2.
In the PDD District, the particular district(s) to which uses specified in the PDD are most similar shall be stated in the granting ordinance. All PDD applications shall list all requested variances from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete).
9.3.3.3.
The ordinance granting a PDD District shall include a statement as to the purpose and intent of the PDD District granted therein. A specific list is required of variances in each district or districts and a general statement citing the reason for the PDD District request.
9.3.3.4.
The Planned Development District shall conform to all other sections of the Ordinance unless specifically exempted in the granting ordinance.
9.3.4.
Conceptual and Development Plan.
In establishing a Planned Development District, the City Council shall approve and file as part of the amending ordinance appropriate plans and standard[s] for each Planned Development District. During the review and public hearing process, the City Council shall require a conceptual plan and a development plan (or detailed site plan).
9.3.4.1.
Conceptual Plan.
This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed Planned Development District in a graphic manner and shall be supported by written documentation of proposals and standards for development.
a.
Residential Conceptual Plan.
A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.
b.
Other Use Conceptual Plan.
A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which shall be submitted by the applicant, or is required by the City Council, includes but is not limited to the types of use(s), topography, and boundary of the PD area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final development plan.
c.
Changes of Detail.
Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off-street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the Building Official or his designated representative. If an agreement cannot be reached regarding whether or not a detail site plan conforms to the original concept plan, the City Council shall determine the conformity.
d.
Flexible Planning.
When the Commission and Council considers a PDD, the unique nature of each proposal for a PDD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances.
9.3.4.2.
Preliminary Development Plan.
The request for rezoning to a PDD must be accompanied by a proposed Preliminary Development Plan. The Preliminary Development Plan enables the Commission and Council to understand the proposed PDD in sufficient detail to make an informed decision prior to rezoning the property. Its purpose is to provide sufficient detail that the council can comply with the standards established by this ordinance. The Commission may recommend, and the Council may approve the Final Development Plan, if it substantially conforms to the Preliminary Development Plan. A Preliminary Development Plan for the entire property within the PDD shall be considered by the Commission and Council prior to any recommendation, or consideration, by the City Council to rezone the property as a PDD. Approval of the Preliminary Development Plan is an integral part of the PDD approval process. The property will not be rezoned as a PDD unless the Council concurrently approves the Preliminary Development Plan. An acceptable Preliminary Development Plan will contain the following information in enough detail that the Commission and Council are able to determine that the PDD complies with the standards established by this ordinance prior to rezoning the property:
* | The name, address, and telephone number of the Landowner and the Developer; | |
* | The name of the proposed project; | |
* | The location of the proposed project; | |
* | The names and addresses of adjoining property owners within 500 feet of the proposed site; | |
* | A location map; | |
* | All existing streets, driveways, buildings, watercourses, floodplains, and significant environmental features; | |
* | The proposed location, type/use and size of the following: | |
- | Buildings and structures, except for single-family residential lots which need only show the location of such lots; | |
- | Streets, drives, alleys, and curbs; | |
- | Off-street parking areas; | |
- | Sidewalks, landscaping, common/green space, other amenities; and | |
- | Design standards for "Dark Skies" compliances shall be submitted. | |
* | Existing and proposed utilities; | |
* | Estimated percentage of impervious cover for the entire PDD, not to exceed 25%; | |
* | Proposed location of water quality facilities; | |
* | Average density of residential structures should comply with its respected zoning district as established by Appendix B [Appendix 2]; | |
* | A PDD must include parkland and usable open space at a minimum rate of .02 acres per residential unit projected for the fully developed PDD; | |
* | Proposed building front yard setback lines, proposed side yard setback lines, proposed street side yard setback lines, and proposed rear yard setback lines, in compliance with standards of Appendix B [Appendix 2]; | |
* | Minimum lot sizes and any landscape buffers; and | |
* | Any other proposed departures or deviations from the City's zoning and site development standards. | |
9.3.4.3.
Development Plan or Detailed Site Plan.
This plan shall set forth the final plans for development of the PDD and shall conform to the data presented and approved in the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The development plan may be submitted for the total area of the PDD or for any section by the City Council. A public hearing on approval of the development plan shall be required at the Council level. The development plan shall include:
A.
Site Inventory Analysis (to scale):
* | Existing Vegetation |
* | Natural Watercourses/Hydrology Topography Mapping |
* | Planned changes to the natural flow of water |
B.
Scale drawing shall include:
* | Any proposed public/private streets and alleys, including street widening and street changes (if applicable) |
* | Building sites or lots |
* | Areas reserved as "Green Space" (parks, parkways, playgrounds, nature and equestrian trails, drainage and utility easements) |
* | Areas reserved for schools |
* | General location and description of existing utility services, including pipe sizing of water and sewer mains |
* | Identified location of all curb cuts |
* | Abutting sites |
* | Accurate land area survey |
* | Topographical contours illustrated no greater than five (5') feet apart |
* | Zoning classification |
C.
Site Plan illustrating: (All setback requirements can be found in Appendix B [Appendix 2])
* | Proposed building complexes |
* | Distances between buildings and buildings |
* | Distances between buildings and property, street and alley lines |
* | Arrangement and provisions for off-street parking |
D.
Landscape Plan showing:
* | Screening walls |
* | Ornamental planting |
* | Wooded areas |
* | Trees (size and type) to be planted |
E.
Architectural plan showing:
* | Design and structure elevations (facades) |
* | Uniform signage design |
F.
Studies which must be included in the application:
* | Drainage (Existing and Future) |
* | Environmental Impact |
* | Traffic |
9.3.4.3.1.
Separate public hearings shall be held by City Council for the approval of the conceptual plan and the development plan or any section of the development plan, unless such requirement is waived by the City Council upon a determination that a single public hearing is adequate. A single public hearing is adequate when:
(a)
The applicant submits adequate data with the request for the Planned Development District to fulfill the requirements for both plans; or
(b)
Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate substantially from it; and,
(c)
The requirement is waived at the time the amending ordinance is approved. If the requirement is waived, the conditions shall be specifically stated in the amending ordinance.
9.3.4.3.2.
The ordinance establishing the Planned Development District shall not be approved until the conceptual plan is approved.
9.3.4.3.3.
The development plan may be approved in sections. When the plan is approved in sections, the separate approvals by the City Council for the initial and subsequent sections will be required.
9.3.4.3.4.
An initial development plan shall be submitted for approval within six (6) months from the approval of the conceptual plan or some portion of the conceptual plan. If the development plan is not submitted within six (6) months, the conceptual plan is subject to re-approval by the City Council. If the entire project is not completed within two (2) years, the City Council may review the original conceptual plan to ensure its continued validity.
9.3.4.3.5.
Regardless of whether the public hearing is waived for the development plan, approval by the City Council is still required.
9.3.4.4.
Procedures for adoption and establishment.
The procedure for establishing a PDD shall follow the system as set forth below:
9.3.4.4.1.
Separate public hearings shall be held by City Council for the approval of the conceptual plan and the development plan or any section of the development plan, unless such requirement is waived by the City Council upon a determination that a single public hearing is adequate. A single public hearing is adequate when:
* | The applicant submits adequate data with the request for the Planned Development District to fulfill the requirements for both plans; and, |
* | Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate from it. |
9.3.4.4.2.
The ordinance establishing the Planned Development District shall not be approved until all plans are submitted, as required.
9.3.4.4.3.
An initial development plan shall be submitted for approval within six (6) months from the approval of the conceptual plan or some portion of the conceptual plan. If the development plan is not submitted within six (6) months, the conceptual plan is subject to re-approval by the City Council.
9.3.4.4.4.
If the PDD is a phased development, meaning the entire project is ten (10) acres or greater, each phase must be completed within two (2) years. If the PDD is non-phased, meaning the entire project is less than 10 acres, the entire project must be completed within two (2) years.
9.3.4.4.5.
Each phase of a PDD Phased Development must be completed before a new phase of development can commence. A completed phase shall include, but is not limited to: land reclamation, infrastructure development, utility installation, lot development and any item deemed necessary and reasonable by the Commission with ratification by the Council.
9.3.4.4.6.
A PDD development permit shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.
9.3.4.4.7.
Following the Public Hearing, the approval of any proposed PDD or combination of uses proposed therein shall be subject to the discretion of the Aurora City Council, and no such approval will be inferred or implied.
9.3.4.5.
Written Reports Are Required.
When a PDD is being considered, a written report(s) is/are required of the applicant discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic. Written comments from the applicable public school district and from private utilities must be submitted to the City Council.
9.3.4.6.
Planned Developments To Be Recorded.
All Planned Development Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendment thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in an appendix of this Ordinance.
9.3.4.7.
Amendments.
Consideration of amendments to a Planned Development District will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions that are substantive shall require public hearings in the manner required for any other zoning change.
9.3.4.8.
Expiration.
If completion of a non-phased PDD, or completion of the individual phase of a phased PDD is not completed within two (2) years, after the date of approval, such approval shall expire. The development permit shall only be renewed after application is made therefor, notice is given and public hearings are held by the Commission and City Council to evaluate the appropriateness of the previously authorized Planned Development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning.
(Ordinance O-06-0403Z adopted 7/3/2007; Ordinance 15.0806.01 adopted 8/6/2015)
§ 9.4 FP Flood Plain District.
9.4.1.
General Purpose and Description.
The Flood Plain District is designed to provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts. Such areas are designated with a Flood Plain Prefix, FP.
9.4.2.
Permitted Uses.
The permitted uses in an FP District shall be limited to the following:
9.4.2.1.
Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry but excluding construction of barns or other outbuildings.
9.4.2.2.
Off-street parking incidental to any adjacent main use permitted in the district.
9.4.2.3.
Electrical substation.
9.4.2.4.
All types of local utilities including those requiring specific use permits.
9.4.2.5.
Parks, playgrounds, public golf courses (no structures), and other recreational areas.
9.4.2.6.
Private open space to be used in connection with a Planned Residential Development.
9.4.2.7.
Structures, installations, and facilities installed, operated, and maintained by public agencies for flood control purposes.
9.4.2.8.
Bridle trail, bicycle, or nature trial.
9.4.3.
City Council Approval Required.
No structure shall be erected in that portion of any FP District until and unless such structure has been approved by the City Council after engineering studies have been made and it is ascertained that such building or structure is not subject to damage by flooding and would not constitute an encroachment, hazard, or obstacle to the movement of floodwaters and that such construction would not endanger the value and safety of other property or public health and welfare.
(Ordinance O-06-0403Z adopted 7/3/2007)