[R.O. 1993 § 500.020; Ord. No.
2010-2860 § 1, 2-9-2010; Ord. No. 2021-3214, 2-9-2021; Ord.
No. 2021-3226, 5-11-2021]
The City hereby adopts the "International Building Code, 2018
Edition," as published by the International Code Council, Inc., one
(1) copy of which code is on file in the office of the City Clerk
and marked "Official Copy."
[R.O. 1993 § 500.030; Ord. No.
2010-2860 § 1, 2-9-2010; Ord. No. 2013-2953 § 1, 5-28-2013; Ord. No. 2018-3144, 3-27-2018; Ord. No.
2016-3079 § 1, 9-13-2016; Ord. No. 2021-3214, 2-9-2021; Ord.
No. 2021-3226, 5-11-2021]
A.
The following Sections of the International Building Code, 2018 Edition, adopted in Section 500.020, are amended as follows:
1.
Section 101.1 Title. These regulations shall be known
as the "Building Code of the City of Aurora" hereinafter referred
to as "this code."
2.
Section 101.2 Scope. The provisions of this code shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy,
location, maintenance, removal and demolition of every building or
structure or any appurtenances connected or attached to such building
or structures.
Exceptions:
1.
Detached one- and two-family dwellings and multiple single-family
dwellings (townhouses) not more than three (3) stories above grade
plane in height with a separate means of egress and their accessory
structures shall comply with the International Residential Code.
2.
Existing buildings may be repaired, altered, added to, or have a
change of occupancy in accordance with the provisions of the International
Existing Building Code, 2018 Edition.
3.
Section 108.2 Fee schedule. A fee for each plan examination, building permit, rezoning, Board of Adjustment, plat review, excavation, land disturbance, paving and inspection shall be paid in accordance with Subsection (B) of this Section.
4.
Section 112 Board of Appeals. Section 112 of the International
Building Code shall be revised to read as follows:
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SECTION 112 BUILDING BOARD OF APPEALS ESTABLISHED
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Section 112.1 General. A Building Board of Appeals
is hereby established for the City for the purpose of hearing and
deciding appeals of decisions or determinations made by the Building
Official relative to this code or any other building codes that may
be adopted by the City and to hold evidentiary hearings at the request
of the City to order repair or to demolish any structure deemed to
be a danger to the health, safety, and welfare of its citizens.
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112.1.1 Scope of Board. Applicants for a building
permit, the holder of a building permit, or the owner and/or agent
of a building or structure wherein permit work is to be completed
may appeal, within ten (10) days, exclusive of weekends and holidays,
to the Building Board of Appeals from a decision of the Building Official
when it is claimed that:
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a.
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The true intent of code or rules legally adopted thereunder
have been incorrectly interpreted;
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b.
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The provisions of the code do not fully apply; or
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c.
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An equally good or better form of construction is proposed.
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d.
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In addition, the Building Board of Appeals shall hold an evidentiary hearing as to whether any structure inside the City limits should be ordered to be repaired or demolished due to being an unsafe structure as defined in Section 510.040 of the Aurora City Ordinances, and if warranted, to order their repair or demolition and clean up, the cost of which shall be assessed against the owner and which the City may place a lien upon the land for the purpose of collecting said cost.
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112.1.2 Membership of the Board. The Building Board
of Appeals shall consist of five (5) members appointed by the Mayor
with City Council approval. One (1) member shall be appointed for
a term of one (1) year, two (2) members shall be appointed for terms
of two (2) years, and two (2) members shall be appointed for terms
of three (3) years. Thereafter, all members shall be appointed for
terms of three (3) years. All members shall serve until their terms
have expired or they have been replaced. The Building Official shall
be an ex officio member but shall have no vote. Members may not be
employees of the City and need not be residents of the City.
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112.1.3 Alternate members. Two (2) alternate members
shall be appointed for terms of three (3) years who shall be called
by the chairperson to hear appeals during the absence or disqualification
of a member. Alternate members shall possess the same qualifications
required for board membership, and shall serve until their terms expire
or they are replaced.
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112.1.4 Qualifications of board members. The Building
Board of Appeals shall consist of individuals who are design professionals
or who are qualified, by education, experience, or training, in the
various disciplines or professions associated with the building industry,
to decide appeals of the Building Official's interpretation or application
of the provisions of the International Building Code.
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112.1.5 Rules and procedures. The board is authorized
to establish policies and procedures necessary to carry out its duties.
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112.1.6 Chairperson. The board shall annually select
one (1) of its members to serve as chairperson.
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112.1.7 Conflict of interest (disqualification). A member or alternate member shall not hear an appeal in which he/she
or a member of his/her family has a personal, professional, or financial
interest.
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112.1.8 Secretary. The secretary of the Planning
and Zoning Commission shall serve as secretary to the board. The secretary
shall file a detailed record of all proceedings in the Planning and
Zoning office, the Building Official's office and the office of the
City Clerk.
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112.1.9 Compensation. Board members shall not be
compensated for their service.
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112.1.10 Notice of meetings. The board shall meet,
upon notice from the chairperson, within ten (10) days of the filing
of an appeal and at such other times as deemed necessary.
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112.1.11 Open hearings. All hearings before the
Building Board of Appeals shall be open to the public. The appellant,
the appellant's representative, the Building Official, and any person
whose interests are affected by the matter on appeal shall be given
an opportunity to be heard.
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112.1.12 Procedures. The board shall adopt and
make available to the public through the secretary procedures under
which a hearing will be conducted. The proceedings shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
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112.1.13 Board decisions. A concurring vote of
four (4) or more of its members is required for the Building Board
of Appeals to modify or reverse the decision of the Building Official.
Failure to receive four (4) concurring votes shall be deemed a confirmation
of the Building Official's decision.
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112.1.14 Postponed hearings. At least four (4)
members must be present to conduct a hearing. When less than five
(5) members are present to hear an appeal, either the appellant or
the appellant's representative shall have the right to request and
receive a postponement of the hearing.
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112.1.15 Resolution. The decision of the board
shall be by resolution. Copies certified by the chairperson shall
be furnished to the appellant and the Building Official.
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112.1.16 Administration. Decisions of the board
arrived at during hearings of permissible appeals are final. The Building
Official shall take immediate action in accordance with the decision
of the board.
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112.1.17 Hearings. Any hearing held by the Building
Board of Appeals as it relates to the demolition of unsafe structures
shall allow for the owner of said structure to be represented by counsel
but that the rules of evidence shall not apply.
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112.2 Limitations on authority. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or that
an equally good or better form of construction is proposed. The board
shall have no authority to set aside the technical requirements of
this code; however, it is allowed to consider and approve alternative
methods of compliance with the technical requirements. The Board shall
also determine after an evidentiary hearing as to whether any structure
should be repaired or demolished due to being an unsafe structure,
and if warranted, to order the demolition and clean-up of same.
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112.2.1 Recommendations. The board may, in conducting
its hearings, discover situations that do not fit the strict guidelines
for permissible appeals. In those cases the board may make recommendations
to the Building Official for his/her consideration.
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112.2.2 Application Fee Required. The application
fee for filing an appeal with the Building Board of Appeals will be
one hundred dollars ($100.00) per application.
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5.
Section 113.4 Violation penalties. Any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof or who shall erect, construct, alter or
repair a building or structure in violation of an approved plan or
directive of the Code Official, or of a permit or certificate issued
under the provisions of this code, shall be guilty of a City ordinance
violation, punishable by a fine of not more than five hundred dollars
($500.00), or by a sentence to the City Jail not exceeding ninety
(90) days, or by both such fine and jail time. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense. The City Council by this ordinance ratifies any prior orders
of the Building Inspector concerning provisions of the International
Building Code or the BOCA Code as applies to any conduct in the past.
6.
Section 1612.3 Establishment of flood hazard areas. To
establish flood hazard areas, the governing body shall adopt a flood
hazard map and supporting data. The flood hazard map shall include,
at a minimum, areas of special flood hazard as identified by the Federal
Emergency Management Agency in an engineering report entitled “The
Flood Insurance Study for the City of Aurora,” most current
addition dated August 2, 2012; Panel numbers 29109C0435D, 2919C0451D,
29109C0452D, 29109C0453D and 29109C0460D, as amended or revised with
the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary
and Floodway Map (FBFM) and related supporting data along with any
revisions thereto. The adopted flood hazard map and supporting data
are hereby adopted by reference and declared to be part of this Section.
7.
Section 3403.1 Existing buildings or structures. Additions
or alterations to any building or structure may be made in accordance
with the provisions of the International Existing Building Code, 2018
Edition. Additions or alterations shall not be made to an existing
building or structure, which will cause the existing building or structure
to be in violation of any provisions of this code. An existing building
plus additions shall comply with the height and area provisions of
Chapter 5. Portions of the structure not altered and not affected
by the alteration are not required to comply with the code requirements
for a new structure.
8.
Section 3410.2 Applicability. Structures existing prior
to the passage of the adopting ordinance for the International Building
Code, in which there is work involving additions, alterations or changes
of occupancy, shall be made to conform to the requirements of this
Section or the provisions of Sections 3403 through 3407. (The remainder
of Section 3410.2 is not amended.)
B.
Building Permit Fee System.
[Ord. No. 2023-3296, 7-25-2023]
1.
Permit Fees.
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Permit
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Fee
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New or remodeled residential construction
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$0.15 per square foot
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Garage/carports/outbuildings
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$0.07 per square foot (separate and/or attached)
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Commercial/industrial
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$4.00 per $1,000.00 of project valuation (new or remodel)
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Meter loop replacement
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$25.00
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Basic electrical, plumbing, mechanical
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$20.00
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Mobile home placement
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$25.00
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Signs
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$5.00 per $1,000.00 of project valuation
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Land disturbance
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$50.00
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Plan review (commercial)
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$100.00 plus $50.00 per hour
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Plan review (residential)
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$25.00
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Plat review fees
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$150.00 plus $10.00 per lot
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Minor subdivision
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$50.00
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Rezoning fees
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$100.00 fee (per application)
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Special use permit fee
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$100.00 fee (per application)
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Board of Adjustment
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$100.00 fee (per application)
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Building Board of Appeals
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$100.00 fee (per appeal)
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Residential or commercial re-roofing
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$25.00
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Fencing
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$20.00
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All fees listed above shall be subject to a minimum fee of twenty
dollars ($20.00). Any construction items not specifically listed shall
fall under the minimum permit fee.
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2.
Engineering and surveying/permit fees.
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Permit
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Fee
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Driveways (when not in conjunction with sidewalk new or replacement)
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$25.00
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Excavation (street/alley cuts)
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$200.00 up to 48 square feet
$5.00/ square feet over 48 square feet
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Sidewalk
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$25.00
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C.
For the purposes of requiring a permit, "remodeling" shall be defined as follows: The cutting away of any wall, partition
or portion there, the removal or cutting of any structural beam or
load-bearing support, or the removal or change of any means of egress,
or rearrangement of parts of a structure affecting the egress requirements,
the addition to, alteration of, replacement or relocation of any standpipe,
water supply, sewer, drainage, drain leader, gas, soil, waste, vent
or similar piping, electric wiring or mechanical or other work affecting
public health or general safety.
[R.O. 1993 § 500.040; Ord. No.
2010-2860 § 1, 2-9-2010; Ord. No. 2021-3214, 2-9-2021; Ord.
No. 2021-3226, 5-11-2021]
A.
All modules, prefabricated or manufactured buildings or dwellings
constructed or assembled, or partially constructed or assembled, at
a location other than the building site stated on the approved building
permit, to be placed upon a permanent foundation or piers, shall be
constructed so as to comply with all the requirements of the City's
Building Code and ordinances applying to such building or dwelling.
B.
Prior to any construction or placing of any structure on the building
site, the fabricator of such building shall be required to submit
to the Building Official a certification from an Inspector appointed
by the Building Official that the building or dwelling was assembled
as per the approved plans and specifications.
[R.O. 1993 § 500.050; Ord. No.
2010-2860 § 1, 2-9-2010; Ord. No. 2021-3214, 2-9-2021; Ord.
No. 2021-3226, 5-11-2021]
A.
All accessory buildings proposed to be constructed in residential
districts in excess of nine hundred (900) square feet of floor space
shall first be reviewed by the Planning Commission. Prior to review
the Planning and Zoning Commission shall notify all owners of property
within one hundred (100) feet (exclusive of alleys and streets), of
the property on which the proposed building is to be built that a
request to build an accessory building of stated number of square
feet has been submitted to the Planning and Zoning Commission for
approval. A hearing on such request will be held at a stated place,
date and time. The notification shall state that affected property
owners may submit their comments as to the appropriateness of an accessory
building of such size either in a signed statement prior to or during
the hearing or in person at the hearing following favorable review
by the Planning Commission, the City Council shall review the proposed
construction.
B.
Review of accessory building requirements shall be conducted on all
applicable rules and regulations posed by the City.
C.
No building permit shall be issued until the Planning Commission
and City Council have favorably approved the proposed accessory building.
[Ord. No. 2021-3214, 2-9-2021; Ord. No. 2021-3226, 5-11-2021]
The City hereby adopts the "International Residential Code,
2018 Edition," as published by the International Code Council, Inc.,
one (1) copy of which code is on file in the office of the City Clerk
and marked "Official Copy."
[Ord. No. 2021-3214, 2-9-2021; Ord. No. 2021-3226, 5-11-2021]
A.
The following Sections of the International Residential Code, 2018 Edition adopted in Section 500.060 are amended as follows:
2.
Table R301.2(1) insert the following: Ground Snow Load = 15; Wind
Speed = 115; Topographic Effects = No; Special Wind Region = No; Windborne
Debris Zone = No; Seismic Design Category = B; Weathering = Severe;
Frost Line Depth = 24”; Termite = Moderate to Heavy; Winter
Design Temp = 9º F.; Ice Barrier Underlayment Required = Yes;
Flood Hazards = See Floodplain Management; Entry into the National
Flood Insurance Program May 10, 1974; Flood Insurance Rate Map dated
August 2, 2012; Panel Numbers 29109C0435D, 2919C0451D, 29109C0452D,
29109C0453D, 29109C0460D; Air freezing index = 1,000; Mean Annual
Temp = 56.1º F.
