[R.O. 1993 § 400.370; Ord. No. 85-1897 App. B § VI, 11-11-1985; Ord. No. 87-1929 App. B § VI (B, C), 1-12-1987; Ord. No. 2021-3224, 5-11-2021]
A. 
Procedure. The City Council may, from time to time, on its own motion or on petition, or on recommendation of the Planning and Zoning Commission, after public notice and hearings thereon as provided herein, amend, supplement, change, modify, or repeal the regulations and restrictions as established herein and may change, restrict, or extend the boundaries of the various districts established herein. Before taking any action upon any proposed amendment, modification, change, restriction, or extension, the same shall be referred by the City Council to the Planning and Zoning Commission for report and recommendation.
B. 
Notice Of Hearings. No action on an amendment, change, modification, or repeal shall be taken until after the Planning and Zoning Commission holds a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published at least fifteen (15) days before the hearing in an official paper, or a paper of general circulation in the City of Aurora. The notice to the parties in interest shall contain the general nature of the proposed amendments as well as the text. If the intended action is to involve or affect land that touches or adjoins other land and the total size of the land on which the action is intended is smaller than three (3) city blocks of the average size for the City of Aurora, the owners of said adjoining land within an area determined by the lines drawn parallel to and one hundred eight-five (185) feet distant from the boundaries of the district proposed to be changed shall be mailed a notice of the intended action to the address given in the City tax records as that of the present record owner of said adjoining property.
C. 
Protest. If a protest against such amendment, change, modification, repeal, restriction, or extension shall be presented, duly signed, and acknowledged by the owners of thirty percent (30%) or more, either of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the members of the City Council.
D. 
Hearing On Application And Costs Thereof. The Planning and Zoning Commission shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Planning and Zoning Commission. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time. All costs and expenses regarding the amendment or variance request, including any publication costs, shall be paid by the individual or organization seeking the approval of the amendment or variance.
E. 
Findings Of Fact And Recommendation Of The Planning and Zoning Commission. The Planning and Zoning Commission shall submit recommendations to the City Council within thirty (30) days after the close of the public hearing and any adjournment thereof. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission shall also make findings of fact based upon the evidence presented to it in each specific case with respect to the following matters and shall submit the same to the City Council simultaneously with its recommendations.
1. 
Existing uses of property within the general area of the property in question.
2. 
The zoning classification of property within the general area of the property in question.
3. 
The suitability of the property in question to the uses permitted under the existing zoning classification.
4. 
The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.
5. 
Relationships of the proposed change to the comprehensive plan for the City and the major thoroughfare plan.
6. 
Where the application for zoning amendment involves a planned development district or any zoning procedure involving amendment of the Zoning Code, such findings of fact and recommendations as are required by the provisions of this order.
F. 
Amendments Involving A Planned Development District.
1. 
Preliminary Development Plan. An applicant for a change of zoning involving a planned development district shall submit to the Planning and Zoning Commission four (4) copies of a preliminary development plan for the proposed development. Said preliminary plan shall also serve as a preliminary plat for the property and shall contain, in addition to those requirements of this order, all requirements for a preliminary subdivision plat.
2. 
Public Hearing. The Commission shall hold a public hearing on the preliminary development plan in accordance with the provisions of Subsection (D) of this Section.
3. 
Findings Of Fact And Recommendation. The Commission shall review the preliminary development plan and all required documents for compliance with the standards for the proposed district. It shall make such findings of fact as are required by this Section and by the standard requirements for each district and forward its recommendations to the City Council, in accordance with Subsection (E) of this Section.
4. 
Action By The City Council. The City Council may approve, with conditions, or deny the application for a planned development district. If the City Council approves the application with conditions, the applicant shall be notified of the reasons for such action and what requirements will be necessary to comply with the conditions.
5. 
Final Plan.
a. 
Upon approval of the preliminary plan, the applicant shall have two (2) years to submit a final plan to the Commission for review and approval. The final plan may be submitted for all or a portion of the area covered by the preliminary development plan. If the Commission finds that the final plan conforms to the approved preliminary plan, it shall approve such plan and file it for record in the office of the City Clerk.
b. 
If the final plan fails to conform to the preliminary development plan, it may be submitted as an amended preliminary development plan, in which case the Planning and Zoning Commission shall advertise and hold a public hearing and make its findings and recommendations to the City Council as prescribed in this Section.
c. 
No building permit shall be issued for any construction until the Commission shall have approved the final plan and preliminary plat of the first stage of development and notified the City Clerk.
d. 
The developer shall prepare a schedule of construction, which construction shall begin within one (1) year following approval of the final plan. Failure to begin construction within one (1) year after approval shall void the plan unless a request for an extension of time is made by the applicant and approved by the Commission.
e. 
After the final plan has been approved, and when, in the course of carrying out the plan, adjustments or rearrangements of buildings, parking areas, entrances, or open spaces are requested by the applicant and such requests conform to the standards established by the approved final plan, such adjustments may be approved by the Commission.
f. 
The City Council may require that off-site improvements be installed, including, but not limited to, off-site drainage systems to ensure that all drainage, storm run-off and subsurface waters are carried into approved watercourses and drainage systems, off-site connections to the public water or sewer system and off-site improvements to a public road when, in the opinion of the Council, such improvement is necessary to ensure adequate access to the development. When improvements are required in this fashion, a performance bond, sufficient to cover the full cost of same as estimated by the Council, shall be furnished to the City by the applicant. Such performance bond shall be issued by a surety or bonding company approved by the City Council or by the owner with security acceptable to the City Council and shall also be approved by the courts as to form, sufficiency, and manner of execution. Such performance bond shall run for the term fixed by the Council not to exceed two (2) years, unless extended by consent of the Council and shall be approved prior to issuance of a building permit.
[R.O. 1993 § 400.380; Ord. No. 85-1897 App. B § VI, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
It shall be the duty of the Planning and Zoning Commission to enforce the provisions of this Chapter and it is hereby authorized and instructed to arrest, prosecute, or bring any proceedings in a proper court in the name of the City of Aurora against any person violating any of the terms of this Chapter, and in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Chapter, said Planning and Zoning Commission is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, reconstruction, alteration, repair, conversion, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct or use on or about such premises.
[R.O. 1993 § 400.390; Ord. No. 2021-3224, 5-11-2021]
A. 
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, the proper City authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo.
B. 
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
C. 
Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred and fifty dollars ($250.00).
[R.O. 1993 § 400.400; Ord. No. 85-1897 App. B § VI, 11-11-1985; Ord. No. 2000-2433 § 2, 5-9-2000; Ord. No. 2021-3224, 5-11-2021]
A. 
The City Clerk shall furnish to the Planning and Zoning Commission a copy of all original notices of construction, movement or structural changes at the next regular meeting of that body after notice has been made.
B. 
The City Manager shall appoint a Building Official who shall be furnished a copy of such notice and who shall make an inspection of the property to ascertain that the proposed construction or movement will not violate provisions of this Zoning Code, and shall issue a permit to the owner of the property if he/she finds it will not violate the provisions herein. Such initial inspection shall be made not more than ten (10) days after the receipt of notice by the City Clerk, and a copy of the permit issued shall be forwarded to the Planning and Zoning Commission within twenty-four (24) hours after it is issued.
C. 
The Building Official shall also inspect the property subsequent to completion of construction or movement, and report compliance or non-compliance to the Planning and Zoning Commission not more than thirty (30) days after such completion of construction or movement.