[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.
