3.3.2 RESIDENTIAL USES | Aurora Unified Development Ordinance

3.3.2. RESIDENTIAL USES.

1. It is unlawful for more than one family or family group, as defined in Article 146-6, to live in a dwelling unit.

2. Existing residential uses in the Accident Potential Zone District are permitted and may expand by no more than 1,000 square feet.

1. Minimum project size is two acres, and the maximum project size is 10 acres.

2. The maximum size of each co-housing unit is 1,000 sq. ft. of gross floor area.

3. A shared private common space containing at least 10 percent of the project area shall be provided.

4. A shared facility for communal cooking, dining, and other activities containing at least 2,000 sq. ft. shall be provided.

5. Individual lots or portions of the project may not be subdivided for sale.

6. Zone district lot requirements and setback requirements shall apply to the project site as a whole, but not to individual co-housing dwelling sites.

7. Each project site shall maintain a vegetated buffer meeting the standards of Section 146-4.7 (Landscape, Water Conservation, Storm water Management) including but not limited to Section 146-4.7.5.F (Required Landscape Buffer Widths and Allowed Reductions), as applicable to multifamily dwellings, along each side and rear lot line, and no portion of any primary or accessory structure may be located in that buffer area.

1. Minimum project size is one acre, and maximum project size is 10 acres.

2. No cottage development may be located within one-quarter mile of another cottage housing development, measured at the closest points on the property boundaries.

3. The maximum density shall be no more than 16,000 square feet of gross floor area in cottage units per acre of project site area.

4. A shared private common space containing at least 10 percent of the project area shall be provided.

5. Individual cottage lots or portions of the project may not be subdivided for sale.

6. Zone district lot requirements and setback requirements shall apply to the project site as a whole, but not to individual co-housing dwelling sites.

7. Each project site shall maintain a vegetated buffer, meeting the standards of Section 146-4.7 (Landscape, Water Conservation, Storm water Management) including but not limited to Section 146-4.7.5.F (Required Landscape Buffer Widths and Allowed Reductions), as applicable to multifamily dwellings, along each side and rear lot line, and no portion of any primary or accessory structure may be located in that buffer area.

8. The applicant shall submit a Site Plan identifying individual cottage development sites, streets, parking areas, storm drainage facilities, common areas and facilities, and any other features required to be identified by this UDO or state condominium law.

D. Dwelling, Green Court. See Section 146-4.2.3.C (Green Court Dwellings).

1. Not more than three people may be engaged in the making, servicing or selling of goods, or provision of personal and professional services, within a single unit.

2. At least one person shall reside in the dwelling unit where the non-residential activity or activities occur.

3. The residential unit shall be located above or behind the non-residential areas of the structure.

4. The area where the commercial activity is conducted shall not exceed 50 percent of the gross floor area of the dwelling unit.

5. Signs are limited to not more than two non-illuminated wall or window signs not exceeding 10 square feet in total area.

6. The work activities shall not adversely impact the public health, safety, or welfare of adjacent properties.

F. Dwelling, Loop Lane. See Section 146-4.2.3.D (Loop Lane Dwellings).

G. Dwelling, Motor Court. See Section 146-4.2.3.E (Motor Court Dwellings).

1. Each multifamily dwelling unit structure shall be accessed from a public or private street meeting the Aurora Roadway Design and Construction Specifications Manual. All buildings require at least one main pedestrian or dwelling unit entry with frontage and direct access onto the street and result in no single portion of horizontal façade greater than 150 feet without an entry. Affordable housing structures only require one entry with frontage and direct access to the street. Entries must comply with design options in Table 4.8-9.

2. After the Effective Date, multifamily dwelling structures with outside staircases leading to units on floors above the ground floor are prohibited.

3. If this use is located in an R-1 zone district in Subarea C in a development that does not include the Small Residential Lot option, the maximum number of multifamily dwelling units in a single structure is limited to 10.

4. If this use is located in an R-2 zone district in Subarea C in a development that does not include the Small Residential Lot option, the maximum number of multifamily dwelling units in a single structure is limited to 25.

5. If this use is located in an R-1, R-2, or MU-A zone district in Subarea C in a development that does not include the Small Residential Lot option, the use must be located within 330 feet of:

a. Land in the MU-N or MU-C zone districts; or

b. Land designated for development as an activity center pursuant to Section 146-5.4.3.I (Administrative Activity Center Designation); or

c. Land designated on a Master Plan as a park or open space that has a minimum length and width of at least 250 feet.

6. If this use is located in an R-1, R-2, or MU-A zone district in Subarea C in a development that includes the Small Residential Lot option, the provisions of Section 146-4.2.3.A (Subarea C Small Residential Lot Standards) for this use shall apply.

7. On-site outdoor space shall be a minimum of 20 percent of the site or the minimum amount required on a “per unit” basis in certain zone districts. The purpose is to assure that multifamily development includes adequate outdoor space for residents and guests. Adequate outdoor space includes a mix of:

a. Usable green spaces for unstructured recreation, playgrounds, outdoor swimming pools, and athletic courts; and

b. Common gathering spaces such as plazas and courtyards. A significant portion of the outdoor space shall be consolidated in a centralized portion of the development. This requirement applies to all zone districts where multifamily is permitted except for, or as otherwise specified in, Mixed-Use Fitzsimons Boundary (MU-FB), Mixed-Use Original Aurora (MU-OA) or Transit-Oriented Districts (MU-TOD).

The required outdoor space may not include areas intended for vehicular use. Landscape buffers and other required landscape features do not count toward the outdoor space requirements unless they are designed as usable green space or common gathering space or are adjacent to and within 25 feet of such space. Internal sidewalks and trails intended for use by all residents and guests may contribute to the requirement when adjacent to eight feet of landscape area and include amenities such as benches or similar features. Detention ponds may only count toward the requirement for the portions designed to include usable green space and common gathering space. Balconies and rooftop “outdoor spaces” may count toward the requirement. Dog parks may count for up to 40 percent of the requirement.

In addition, buildings over 400 feet in length include at least one courtyard, plaza, or similar feature along the streetscape. The minimum size is 400 square feet, and the minimum dimension is 15 feet.

Outdoor Space Credit. Multifamily buildings located within 330 feet of a neighborhood or community park may reduce the outdoor space requirement by half for that portion of the site located within 330 feet of the park. To receive this credit, a direct pedestrian route to the park is required, which may not cross an arterial street or other roadway with a speed limit that is 40 mph or above.

8. If the use is located in a mixed-use district, commercial or other nonresidential uses within the building should be located on the ground floors facing the primary pedestrian streets and include storefront windows to enhance the streetscape.

1. This use may only be located in an MU-C zone district if the property is located in Subareas A or B.

2. The front door of each dwelling unit shall face a public or private street meeting the Aurora Roadway Design and Construction Specifications Manual or a Green Court Dwelling development meeting the standards of this UDO.

3. If this use is located in an R-1 zone district in Subarea C in a development that does not include the Small Residential Lot option, the maximum number of single-family attached dwelling units in a single structure is limited to 8.

4. If this use is located in an R-2 zone district in Subarea C in a development that does not include the Small Residential Lot option, the maximum number of single-family attached dwelling units in a single structure is limited to 12.

5. If this use is located in an R-1, R-2, or MU-A zone district in Subarea C in a development that does not include the Small Residential Lot option, the use must be located within 330 feet of:

a. Land in the MU-N or MU-C zone districts; or

b. Land designated for development as an activity center pursuant to Section 146-5.4.3.I (Administrative Activity Center Designation); or

c. Land designated on a Master Plan as a park or open space that has a minimum length and width of at least 250 feet.

6. If this use is located in an R-1, R-2, or MU-A zone district in Subarea C in a development that does not include the Small Residential Lot option, the use must include at least 360 square feet of private or common open space per dwelling unit, and the length and width of dimensions of that open space shall be at least 10 feet, unless the dwelling units are included in Green Court Dwelling or Motor Court Dwelling development.

7. If this use is located in an R-1, R-2, or MU-A zone district in Subarea C in a development that includes the Small Residential Lot option, the provisions of Section 146-4.2.3.A (Subarea C Small Residential Lot Standards) for this use shall apply.

1. Any single-family detached dwelling existing on the Effective Date shall be considered a conforming dwelling.

2. In the APZ districts, this use is limited to the APZ II area and the maximum residential density is one dwelling unit per acre.

3. Any single-family detached dwelling, including a Tiny House, containing less than 600 square feet of gross floor area shall have a covered outdoor porch located on the front of the dwelling containing not less than 50 square feet of area.

4. A single-family detached dwelling unit may be converted to a commercial use provided the conversion complies with the following requirements:

a. The single-family detached dwelling unit is located in the R-4, MU-N, MU-OI, MU-OA-MS, MU-OA-G, MU-FB, MU-TOD, or MU-A zone district;

b. The commercial use is listed in the Permitted Use Table as a permitted or conditional use in the zone district;

c. The single-family detached dwelling unit is on a corner located at the intersection of two arterial streets or two collector streets, or the intersection of an arterial street and a collector street, or is adjacent to an existing commercial structure.

d. Unless the primary structure was originally designed for a non-residential use, or the conversion was completed before the Effective Date of this UDO, the conversion may not significantly change the residential character of the primary structure by the deletion of residential features such as porches or doorways and windows sized and located for residential use, or through the addition of features more common to commercial structures, such as shopfront windows or other windows or doors not appropriate for residential uses.

1. The installation of any Manufactured Home or Tiny House shall comply with Articles I, III and IV of Chapter 90 of the Aurora City Code.

2. All Manufactured Housing Parks shall comply with those standards in Section 146-2.3.6.

3. The management and operation of each Manufactured Housing Park in any R-MH district shall comply with Article II of Chapter 90.

L. Dwelling, Two-Family (Duplex). This use may only occur in an R-1 zone district in Subarea C if it is located within 330 feet of:

1. Land in the MU-N or MU-C zone districts; or

2. Land designated for development as an activity center pursuant to Section 146-5.4.3.I (Administrative Activity Center Designation); or

3. Land designated on a Master Plan as a park or open space that has a minimum length and width of at least 250 feet.

M. Congregate Living Facility. Congregate living facilities shall have a minimum setback of 300 feet from any Pre-K-12 public or private school or commercial day care within the City.

N. Group Home, FHAA. Group homes for the exclusive use of citizens protected by the provisions of the federal Fair Housing Act Amendments of 1988 (FHAA), as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Colorado, may be established in any Residential zone district or portion of a Mixed-Use zone district or PD district that permits residential dwellings, subject to the licensing requirements of the state and the registration procedures described in this Subsection N.

1. Application. Prior to the establishment of supportive housing, the owner/operator shall file an application with the Planning Department. An application shall be granted if the Planning Director finds the proposal complies with the following criteria:

a. Any proposed new structure or structural changes to an existing structure shall be consistent in architectural design and style with the character of the surrounding neighborhoods;

b. No administrative activities of any private or public organization or agency other than those incidental to operation of the specific group home shall be conducted on the premises of the supportive housing; and

c. The Planning Director shall have the authority to impose reasonable conditions to the approval, which are found necessary to operate the supportive housing in a manner compatible with the neighborhood.

2. Changes to Supportive Housing. All changes to the application or conditions of approval shall be approved by the Planning Department.

3. Permitted and Nonconforming Uses. Only supportive housing as defined in this UDO shall be permitted. Existing facilities under the former definition of "group homes" that do not comply with the provisions of this Section 146-3.3.2.O shall be considered nonconforming uses and shall be subject to the limitations on nonconforming uses in Section 146-5.5 (Pre-existing Development and Nonconformities).

4. Domestic Violence Shelter. The Planning Director is authorized to permit the operation of a domestic violence shelter. An application for a domestic violence shelter shall include any information that the Director deems necessary to adequately review the proposed use. The permit shall be approved only if the Director determines that the use will not negatively affect abutting properties and the surrounding neighborhood. No shelter shall be operated in a manner that constitutes a nuisance under common law. The records of the application and permit shall be confidential. (Ord. No. 2022-32 § 1, 07-11-2022; Ord. No. 2022-17 § 5, 04-25-2022; Ord. No. 2020-37 § 7, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)