(a) Nonconforming Setback of Building and Structures Not Affected By this Chapter: The setback of any dwelling, building, or structure, as existing and lawful at the time of enactment of this Chapter 1157 or amendment thereto, may be continued, although such use does not conform with this Chapter, but if any such nonconforming setback is voluntarily discontinued for two (2) years or more, any future setback of said dwelling, building, or structure shall be in conformity with this Chapter 1157 or amendment thereto.
(b) Completion of Buildings or Structures: The completion of any dwelling, building, or structure which commenced prior to enactment of this Chapter 1157 or amendment thereto, and for which a zoning certificate has been lawfully obtained, may be continued and completed, although the location of such building or structure does not conform with the setback requirements of this Chapter 1157 or amendment thereto. To qualify for nonconforming status under this section, construction must be completed within two (2) years of enactment of this Chapter 1157 or amendment thereto.
(c) Nonconforming Subdivisions: In any zoning district, the setbacks as set forth herein shall not be required on any sublot as shown on a final plat of a subdivision recorded in conformity with sections 1105.05 (a) or (b) of this code, if either the plat or the application to build on the sublot satisfies (1) through (5) below. All five criteria must be met.
(1) The sublot is shown on a final plat of a subdivision which was approved by the Aurora City Council for record purposes (not for acceptance of streets and/or utilities for dedication to the city) prior to the enactment of Chapter 1157 or amendment thereto which resulted in its nonconformity; and
(2) The sublot is shown on a plat which was filed for record (not for acceptance of streets and/or utilities for dedication to the city) in the office of the county recorder prior to or within two (2) years after the enactment of Chapter 1157 or amendment thereto which resulted in its nonconformity; and
(3) The application to use the sublot is filed with either the Zoning Department or the Building Department within two years of the date the plat is filed for record purposes (not for acceptance of streets and/or utilities for dedication to the city); and
(4) The sublot upon which an application is filed is in conformity with all of the regulations of the zoning code which were in effect immediately prior to the enactment of Chapter 1157 or amendment; and
(5) The amount of nonconformity created under this chapter has not increased since the nonconformity began.
(Ord. 2013-130. Passed 1-27-14.)