[R.O. 1993 § 400.350; Ord. No.
85-1897 App. B § V, 11-11-1985; Ord. No. 95-2192 § I, 6-13-1995; Ord. No. 97-2286 § 1, 8-26-1997; Ord. No. 2000-2436 § I, 6-27-2000; Ord. No. 2007-2773 § 1, 10-23-2007; Ord. No. 2014-3006 § 1, 7-14-2014; Ord. No. 2021-3224, 5-11-2021]
A.
Certain non-conforming or conditional uses may be located in any
Districts within the City, including, but not limited to, Districts
"R-1," R-2," "R-3," Planned Residential Development, "C-O," “C-1,”
"C-2,” “C-3,” “C-P,” “M-1”
and “M-2” by written permission of the City Council after
written notice to all landowners within one hundred eighty-five (185)
feet of the proposed use, followed by a public hearing; provided that,
in their judgment, such use will not seriously injure the appropriate
use of neighboring property and will conform to the general intent
and purpose of this Chapter, and, further, provided that such uses
shall comply with the height, area and other regulations of the districts
in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 2020-3188, 2-11-2020]
B.
Conditional uses are those types of uses which, due to their nature,
are dissimilar to the normal uses permitted within a given zoning
district. Within the various zoning districts, specific uses may be
permitted only after additional requirements are complied with as
established within this Article.
1.
Application. An application [an original and four (4) copies]
for a special use permit shall be filed with the Zoning Official.
a.
The application shall include the following:
(1)
Plan showing existing and proposed building locations,
parking areas, location and type of outdoor lighting, interior drives
and landscaped buffer strips.
(2)
Topography and existing utilities, abutting the
streets, alleys or easements, and the square footage of land within
the plot.
(3)
Name of owner of land to be utilized.
(4)
Description of architecture and exterior materials
to be utilized.
b.
Depending on the type of project proposed, the following additional
documents and information might also be required with the application:
c.
Within five (5) days of filing of such application, the applicant
shall place a sign on the lot or street in a conspicuous location.
Said sign shall be of a type which will withstand the elements, not
less than two and one-half (2 1/2) feet by three (3) feet in
size, with the following wordage clearly lettered not less than two
(2) inches in height:
"This property is being considered for a special use permit
by the Planning and Zoning Commission for (Type of Use) use. Written
objections must be filed with the above Commission by (Date)."
Said sign shall remain on the property until final disposition
of the application.
2.
Additional requirements. The Planning and Zoning Commission
shall approve or disapprove a special use in accordance with the requirements
deemed reasonable and necessary.
a.
Standards for issuance of a special use permit shall include,
but not be limited to, the following:
(1)
The location and size of the proposed use in relation
to the site and to adjacent sites and uses of property and the nature
and intensity of operations proposed thereon.
(2)
Accessibility of the property to police, fire,
refuse collection and other municipal services; adequacy of ingress
and egress to and within the site; traffic flow and control; and the
adequacy of off-street parking and loading areas.
(3)
Utilities and services, including water, sewer,
drainage, gas, and electricity, with particular reference to location,
availability, capacity and compatibility.
(4)
The location, nature, and height of structures,
walls, fences, and other improvements; their relation to adjacent
property and uses; and the need for buffering or screening.
(5)
The adequacy of required yard and open space requirements
and sign provisions.
(6)
The general compatibility with adjacent properties,
other properties in the district, and the general safety, health,
comfort and general welfare of the community.
b.
In granting a special use, the City may impose such conditions,
safeguards and restrictions upon the premises to reduce or minimize
any potential injurious effect of such special uses upon other property
in the neighborhood and to carry out the general purpose and intent
of these regulations.
3.
Processing Of Application. On receipt of an application for
a conditional use, the Zoning Official shall forward copies of the
application and accompanying information to affected public or governmental
agencies and the Planning and Zoning Commission. The Planning and
Zoning Commission shall request and consider reports from such public
or governmental agencies before determination. Within sixty (60) days
after the receipt of the application, the Planning and Zoning Commission
shall submit a report and determination to the City Council, which
shall include a finding that the use will or will not:
a.
Serve the convenience and general welfare of the public.
b.
Serve the neighborhood in some degree.
c.
Protect the neighborhood interest.
d.
Alter the character or nature of the development of the neighborhood.
e.
Be in basic harmony with the various elements and objectives
of the Master Plan.
f.
Comply with the requirements established for that conditional
use.
4.
Determination. The Planning and Zoning Commission shall forward
the report and recommendation to the City Council.
5.
The Planning and Zoning Commission shall recommend a time limitation
on the conditional use permit.
a.
Sunset. A special use permit shall expire, upon public hearing,
unless a building permit is taken within twelve (12) months to effectuate
such specially permitted use; or if no building permit is required,
evidence of use is filed with the Building Inspector.
b.
Abandonment. Once a specially permitted use ceases or is abandoned
for a period of more than twelve (12) months, the special use permit
shall expire upon public hearing; except that the special use permit
for an auto salvage yard shall automatically expire if the State license
for operating the auto salvage yard lapses for a period of time more
than six (6) months.
c.
Home Occupation. A special use permit for a home occupation
shall not be transferable to a new owner of the real estate.
d.
Expiration as a condition of the permit. A special use permit
shall expire on the date specifically stated in the conditions listed
on each permit.
6.
Said conditional use permit shall be renewable at the discretion
of the Planning and Zoning Commission and the City Council.
7.
Any landowner has the right to request a conditional use. All
approved conditional uses are subject to the express limitations and
requirements established in these Zoning Regulations. Any lessening
or subverting of those limitations and requirements constitutes a
variance and must be treated accordingly.
[R.O. 1993 § 400.360; Ord. No.
85-1897 App. B § V, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
A.
Manufacturing plants operating in the City of Aurora on or before
November 11, 1985, regardless of the classification into which the
district in which they are located may be placed, shall not be prevented
from expanding their plants or buildings onto adjacent property for
the purpose of continuing the character of manufacturing in which
they are engaged at the time of adoption, nor shall they be prevented
from making alterations or structural changes necessitated by their
business; provided that the additions, alterations, or structural
changes meet the requirements as to materials established for the
fire zone.
B.
Such manufacturing plants shall not, however, be permitted to change
their operations in such a manner as to render them materially more
noxious or offensive by reason of vibration, noise, or emission of
odor, dust, smoke, or gas.
