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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: June 9, 2021
SUBJECT:
Further revisions to Chapter 34 pertaining to planning and zoning procedures.
PURPOSE:
To refine language originally adopted in late 2020 to Chapter 34 and to standardize its provisions governing the approval of conditional uses and conditional use planned developments.
BACKGROUND:
In the fall of 2020, the Zoning and Planning Division and the Law Department began a comprehensive revision of the procedures contained in Ordinance 3100, which was commonly known as the Aurora Zoning Ordinance and which constituted an uncodified Chapter 49 of the Code. Originally enacted in the late 1950s, the organization of Ordinance 3100 substantially differed from the remainder of the Code of Ordinances. Six decades of amendments, including those that introduced new zoning concepts and procedures, made Ordinance 3100 in its 2020 form very unwieldy.
As part of the revisions, the procedural components of Ordinance 3100 - that is those that governed the process by which amendments to zoning districts and regulations, special uses, and variances were proposed, considered, and approved - were removed, reorganized and restated as part of an entirely new Chapter 34. These revisions became effective on January 1, 2021 pursuant to O20-087.
Over the course of the past several months, staff have continued their review of the procedures set forth in the new Chapter 34 and have proposed a series of revisions that bring further consistency to similar processes and correct minor drafting error that retained duplicative language.
DISCUSSION:
Prior to the adoption of O20-087, Ordinance 3100 contained similar, but not identical processes for the consideration and approval of special uses and special use planned developments. Staff intended for these processes (now referred to as "conditional uses") to mirror themselves as much as possible in the new Chapter 34, but subtle differences (including in initiating the process by "petition" or by "application") remained -- as well as duplicative criteria for their approvals. While some differences must still remain, those which are unnecessary have been removed. Significantly, both processes clearly require the concurrence of a majority of the City Council for approval.
Currently, Chapter 34 contains language requiring a super majority vote by the City Council in order to approve conditional uses or conditional use planned developments in certain circumstances. Consistent with the City Council's obligation to approve or deny a proposed conditional use (or conditional use planned development) based its finding that the proposed use complies (or fails to comply) with objective criteria set forth in the City Code, these requirements have been removed in the attached ordinance. Though superficially intended to protect the City from developments that may not be advantageous to the community, decisions of the City Council, including those that deny proposed uses, are subject to judicial review. In circumstances where a proposed use objectively meets the criteria for approval, but fails to achieve an extraordinary vote threshold, the City is not likely to prevail in litigation.
RECOMMENDATIONS:
Staff recommends APPROVAL of the proposed amendments to Chapter 34.
ATTACHMENTS:
Proposed amendments to Chapter 34.
cc:
Alderman Edward Bugg, Chairperson
Alderman Ron Woerman, Vice Chairperson
Alderman Emmanuel Llamas
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Chapter 34 of the Code of Ordinances pertaining to planning and zoning procedures.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City Council has determined that it is necessary and desirable to amend the Chapter 34 of the Code of Ordinances, in order to revise and improve certain Sections of said Ordinance to better carry out its purposes and intent; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, that the amendments to Chapter 34 of the Code of Ordinances as set forth in Exhibit A to this Ordinance shall be and hereby are approved; and further:
BE IT ORDAINED, that this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval; and further
BE IT ORDAINED, that all ordinances or part of ordinances in conflict herewith are hereby repealed insofar as any conflict exists; and further
BE IT ORDAINED, that any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.