Aurora, TX Zoning Ordinance

Aurora City Zoning Code

SECTION 19

BOARDS

§ 19.1 Historic Preservation Board.

19.1.1.

Historic Preservation Program Established.

The development and promotion of historic preservation is hereby established as a program and function of the City of Aurora, Texas.

19.1.2.

Definitions.

The following words, when used in this Section, shall have the meaning respectively ascribed to them below, unless the context of this Ordinance clearly indicates otherwise.

Alteration

means any change to the exterior of a building, structure, object or site. Alteration shall include, but is not limited to, changing to a different kind, type or size of roofing or siding materials; changing, elimination, or adding exterior doors, door frames, windows, window frames, shutters, fences, railings, columns, beams, walls, porches, steps, porte-cocheres, balconies, or ornamentation, or the dismantling, moving or removing any exterior feature. Alteration does not include ordinary maintenance or repair.

Board

means the City of Aurora Historical Board.

Certificate of Appropriateness

means a current and valid permit issued by the Aurora Historical Board authorizing the issuance of a building permit for alteration, rehabilitation, restoration, relocation or demolition required by this Section.

City Council

means the City Council of the City of Aurora.

Designated

means the formal recognition by the City Council of a building, structure, object, site or district as historically, architecturally, culturally or archaeologically significant to the city, state, nation or region.

Exterior Feature

means an element of the architectural character and general arrangement of the external portion of a building, structure or object, including building material that is visible from a public right-of-way.

Historic District

means an area or district of the City designated by ordinance of the City Council which possesses within definable geographic boundaries, a significant concentration, linkage or continuity of sites, buildings or structures united historically or aesthetically by plan or physical development.

Historic Landmark

means any site, individual building, structure, or object designated by ordinance of the City Council that is worthy of rehabilitation, restoration and/or preservation for its historic, cultural and/or architectural significance to the City.

Noncontributing Property

means any property that may be located in a designated historic district but does not, in itself, exhibit construction or characteristics that are recognized as being historic in nature.

Ordinary Maintenance

means activities relating to a property that would be considered ordinary or common for maintaining the property, such as replacement of a porch floor with identical or in-kind materials. It also may include other activities such as painting.

Preservation

means the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

19.1.3.

Goals and Purposes.

The City Council of the City of Aurora hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks and districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational and general welfare of the public. It is recognized that areas of the City represent the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. Section 19.1 of this Ordinance is intended to:

(a)

Protect and enhance the landmarks and districts which represent distinctive elements of Aurora's historic, architectural, and cultural heritage;

(b)

Foster civic pride in the accomplishments of the past;

(c)

Protect and enhance the City of Aurora's attractiveness to visitors and to support and stimulate the economy thereby provided;

(d)

Insure the harmonious, orderly, and efficient growth and development of the City;

(e)

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City; and

(f)

Encourage stabilization, restoration, and improvements of such properties and their values.

19.1.4.

Funding.

The City of Aurora may provide funding to the Board as approved by the City Council.

19.1.5.

Historical Board.

A five (5) member City of Aurora Historical Board is hereby established to plan and recommend the historic preservation functions and activities of the City. Board members shall be appointed by the City Council. In the event a Board member leaves prior to the expiration of his/her term, the City Council shall appoint a Board member to fill the unexpired term. Members shall serve for two (2) year terms. Terms shall be staggered as to provide for two members to be replaced in even-numbered years, and three members to be replaced in odd-numbered years. Members of the Board shall be citizens of the City of Aurora. All Board members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the City of Aurora. The Chairman and Vice-Chairman of the Board shall be elected by and from the members of the Board annually.

Should a matter come before the Board in which a member of the Board has a substantial interest, the member shall file an affidavit with the City Secretary as required by Chapter 171 of the Local Government Code and shall not participate in any discussion or vote on the matter.

The Board shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the Chairman or Vice-Chairman, or on the written request of any two Board members. All meetings shall be held in conformance with the Texas Open Meetings Act.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

19.1.6.

Powers of the Board.

The Board shall be empowered to:

(a)

Prepare rules, bylaws and procedures as necessary to carry out the business of the Board, which shall be ratified by the City Council of the City of Aurora;

(b)

Adopt criteria for the designation of historic, architectural, and cultural landmarks and delineation of historic districts, which shall be recommended to the City Council of the City of Aurora;

(c)

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City;

(d)

Recommend the designation of resources as landmarks and historic districts;

(e)

Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of Section 19.1 of this Ordinance;

(f)

Maintain written minutes which record all actions taken by the Board and the reasons for taking such actions;

(g)

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques and/or markers;

(h)

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs;

(i)

Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City;

(j)

Approve or disapprove applications for Certificates of Appropriateness pursuant to this Section;

(k)

Prepare and submit annually to the City Council, a report summarizing the work completed during the previous year;

(l)

Recommend to the City Council specific guidelines for the review of landmarks and districts;

(m)

Recommend to the City Council the acquisition of a landmark structure by the City where its preservation is essential to the purpose of this Section and where private preservation is not feasible;

(n)

Propose and recommend to the City Council tax abatement programs for historic landmarks or districts; and

(o)

Accept on behalf of the City, the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the City Council.

19.1.7.

Designation of Historic Landmarks

(a)

The provisions of this Section pertaining to the designation of historic landmarks shall constitute part of the comprehensive land use plan of the City of Aurora.

(b)

Property owners of proposed historic landmarks shall be notified prior to the Board hearing on the recommended designation. At the Board's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.

(c)

Upon recommendation of the Board, the proposed historic landmark shall be submitted to the Planning and Zoning Commission within the time frame as governed by the City of Aurora Zoning Ordinance. Within sixty (60) days after receipt of the recommendation of the Board, the Planning and Zoning Commission shall give notice and hold a public hearing on the proposed designation in the same manner as is required for a proposed change of zoning. Following the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council concerning the proposed designation.

(d)

Within sixty (60) days after receipt of the recommendation of the Planning and Zoning Commission, the City Council shall give notice and hold a public hearing on the proposed designation in the same manner as is required for a proposed change of zoning. Following the public hearing, the City Council shall approve or disapprove the Planning and Zoning Commission recommendation.

(e)

Upon designation of a building, object, site, or structure as an historic landmark, the City Council shall cause the designation to be recorded in the official public records of real property of Wise County, the tax records of the City of Aurora, and the Wise County Appraisal District as well as the official zoning maps of the City of Aurora. All zoning maps shall indicate designated landmarks with an appropriate mark.

19.1.8.

Designation of Historic Districts

(a)

These provisions pertaining to the designation of historic districts constitute a part of the comprehensive land use plan of the City of Aurora.

(b)

Property owners within a proposed historic district shall be notified prior to the Board's hearing on the recommended designation. At the Board's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence that will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic district.

(c)

The Board may recommend the designation of a district in accordance with the City of Aurora Zoning Ordinance if it:

(i)

Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and

(ii)

Constitutes a distinct section of the city.

(d)

Upon recommendation of the Board, the proposed historic district shall be submitted to the Planning and Zoning Commission. Within sixty (60) days after receipt of the recommendation of the Board, the Planning and Zoning Commission shall give notice and hold a public hearing on the proposed designation in the same manner as is required for a proposed change of zoning. Following the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council concerning the proposed designation.

(e)

(f)

Upon designation of an historic district the City Council shall cause the designated boundaries to be recorded in the official public records of real property of Wise County, the tax records of the City of Aurora and the Wise County Appraisal District as well as the official zoning maps of the City of Aurora. All zoning maps shall indicate designated historic districts by an appropriate mark.

19.1.9.

Criteria for Designation of Historic Landmarks and Districts.

An historic landmark or district may be designated if it meets any of the following criteria:

(a)

Possesses significance in history, architecture, archeology, and culture;

(b)

Is associated with events that have made a significant contribution to local, regional, state, or national history;

(c)

Embodies the distinctive characteristics of a type, period, or method of construction;

(d)

Represents the work of a master designer, builder, or craftsman; and

(e)

Represents a significant, established and familiar visual feature of the city.

19.1.10.

Relationship of Designations to Base Zoning District

(a)

Designation of a structure, site or area by the City Council as an historic landmark or historic district is intended as a zoning overlay which supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined and controlled by the use regulations set forth for the primary zoning district classification for the property.

(b)

The height of structures and the minimum dimensions of lots and yards shall be determined by the regulations set forth for the underlying primary zoning district classification except where more restrictive height and area regulations are specified in design guidelines adopted by the City Council for an historic district.

(c)

If there is any conflict between the provisions of this Section 19.1 and any other provision of the Zoning Ordinance, the most restrictive regulation shall apply in the absence of a specific directive to the contrary.

(d)

If there is any conflicted [conflict] between the adopted design guidelines and any provision of this Section, the most restrictive regulation shall apply.

19.1.11.

Certificate of Appropriateness for Alteration or New Construction Affecting Landmarks or Historic Districts.

No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any historic landmark or any property within a historic district, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any historic landmark or any property within a historic district without having been issued a Certificate of Appropriateness.

19.1.12.

Criteria for Approval of a Certificate of Appropriateness.

In considering an application for a Certificate of Appropriateness, the Board shall be guided by any adopted design guidelines. Any adopted design guideline shall be made available to the property owners of historic landmarks or within historic districts. The following, from The Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, shall be a minimum guideline for approval:

(a)

Every reasonable effort shall be made to adapt the property in a manner that requires minimal alteration of the building, structure, object, or site and its environment;

(b)

The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed;

(c)

The removal or alteration of any historic material or distinctive architectural features should be avoided when possible;

(d)

All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged;

(e)

Changes, which may have taken place in the course of time, are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected;

(f)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, object, or site shall be kept where possible;

(g)

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features whenever possible, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures;

(h)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken;

(i)

Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project;

(j)

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment; and

(k)

Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

19.1.13.

Certification of Appropriateness Application Procedure

(a)

Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such a certificate with the Code Official. The application shall contain:

(i)

Name, address, telephone number of applicant, detailed description of proposed work;

(ii)

Location and photograph of the property and adjacent properties;

(iii)

Elevation drawings of the proposed changes, if available;

(iv)

Samples of materials to be used, if applicable;

(v)

If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign location on the property; and

(vi)

Any other information, which the Board may deem necessary, in order to visualize the proposed work.

(b)

The Code Official shall submit the application to the Board for review and a decision. The Board shall review the application at a regularly scheduled meeting within thirty (30) days from the date the application is received by the Board, at which time an opportunity will be provided for the applicant to be heard. The Board shall approve, deny, or approve with modifications, a Certificate of Appropriateness within forty-five (45) days after the review meeting. In the event the Board does not act within ninety (90) days of the receipt of the application, a Certificate of Appropriateness shall be deemed to have been granted.

(c)

No building permit shall be issued for such proposed work until a Certificate of Appropriateness has first been issued by the Board. The Certificate of Appropriateness required by this Section shall be in addition to and not in lieu of any building permit that may be required by any other Ordinance of the City of Aurora.

(d)

All decisions of the Board shall be in writing. The Board's decision shall state the reasons for its decision concerning the approval, denial, or approval with modification of the application. The decision of the Board shall be returned to the Code Official for action.

(e)

The Board shall issue a Certificate of Appropriateness for demolition or relocation of a Noncontributing Property located in a designated historic district, subject to compliance by the owner with demolition guidelines.

(f)

In the event an applicant for a Certificate of Appropriateness is dissatisfied with the decision of the Board relating to the issuance or denial of a Certificate of Appropriateness, the applicant shall have the right to appeal to the Board through the Economic Hardship Application Procedure as defined in Section 19.1.15 of this Ordinance.

19.1.14.

Certificate of Appropriateness Required for Demolition.

A permit for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the Code Official of the City of Aurora, without the review of a completed application for a Certificate of Appropriateness by the Board, as provided for in Sections 19.1.11, 19.1.12 and 19.1.13 of this Ordinance.

19.1.15.

Economic Hardship Application Procedure

(a)

After receiving written notification from the Board of the denial of Certificate of Appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Board makes a finding that hardship exists.

(b)

When a claim of economic hardship is made due to the effect of this Ordinance, the owner must prove that:

(i)

The property is incapable of earning a reasonable economic return, regardless of whether that return represents the most profitable return possible;

(ii)

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, such would result in a reasonable economic return; and

(iii)

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

(c)

The applicant shall consult in good faith with the Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Board.

(d)

The Board shall hold a public hearing on the application within thirty (30) days from the date the application is received by the Board.

(e)

Following the hearing, the Board has thirty (30) days in which to prepare a written decision and forward it to the Code Official. In the event that the Board does not act within ninety (90) days of the receipt of the application, a Certificate of Appropriateness shall be deemed to have been granted.

(f)

All decisions of the Board shall be in writing. The Board's written decision shall state its reasons for the approval or denial of the hardship application. The decision of the Board shall be returned to the Code Official for action.

(g)

An applicant for a Certificate of Appropriateness dissatisfied with the action of the Board relating to the issuance or denial of a Certificate of Appropriateness based on a claim of economic hardship shall have the right to appeal to the Board of Adjustment, within thirty (30) days after receipt of notification of such action.

The Board of Adjustment shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in this Ordinance with respect to other appeals to the Board of Adjustment.

19.1.16.

Enforcement.

All work performed pursuant to a Certificate of Appropriateness issued under this Ordinance shall conform to all requirements included therein. It shall be the duty of the Code Official of the City of Aurora to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Board and verification by the Code Official, the Code Official shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.

19.1.17.

Ordinary Maintenance.

Nothing in this Ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark or property within a historic district which does not involve a change in design, material or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance.

19.1.18.

Demolition by Neglect.

No owner or person with an interest in real property designated as an historic landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Board, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

Examples of such deterioration include:

(a)

Deterioration of exterior walls or other vertical supports;

(b)

Deterioration of roof or other horizontal members;

(c)

Deterioration of exterior chimneys;

(d)

Deterioration or crumbling of exterior stucco or mortar;

(e)

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; and

(f)

Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

19.1.19.

No Authority to Grant Variance.

The Board of Adjustment shall have no jurisdiction to grant any variance from the criteria for the designation of historic landmarks or districts or from the criteria for issuance of a Certificate of Appropriateness.

19.1.20.

Cumulative Remedies.

The provisions of this Section 19.1 shall apply in addition to other enforcement procedures or penalties which are available at law or in equity, including, but not limited to, those available for adversely affecting historic structures or property under Section 315.006 of the Texas Local Government Code and Section 442.016 of the Texas Government Code.

(Ordinance O-06-0403Z adopted 7/3/2007)

§ 19.2 Parks and Recreation Board.

19.2.1.

Parks and Recreation Program Established.

The development and promotion of parks and recreation and open space preservation is hereby established as a program and function of the City of Aurora, Texas.

19.2.2.

Definitions.

The following words, when used in this Section, shall have the meaning respectively ascribed to them below, unless the context of this Ordinance clearly indicates otherwise.

Board

means the City of Aurora Parks and Recreation Board.

City Council

means the City Council of the City of Aurora.

Public park or playground

means a park, playground, [or] recreation area, together with parking lot, which is operated, maintained and controlled by the City of Aurora and heretofore platted, dedicated and designated as a public park within the City of Aurora.

19.2.3.

Goals and Purposes.

The City Council of the City of Aurora hereby declares that as a matter of public policy the preservation of open space and development of park land for the good of the citizenry. This Board serves in an advisory capacity to the City Council concerning the acquisition, maintenance, operation and use of parks, playgrounds and open spaces within the City.

19.2.4.

Funding.

The City of Aurora may provide funding to the Board as approved by the City Council.

19.2.5.

Parks and Recreation Board.

Consists of five (5) members appointed every two years. It is the duty of the Parks and Recreation Commission to make recommendations to the City Council concerning park and recreational activities within the City and to solicit private donations to assist in funding park improvements. Members of the Board shall be citizens of the City of Aurora. All Board members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in the preservation of open space and parks and recreation within the City of Aurora. The Chairman and Vice-Chairman of the Board shall be elected by and from the members of the Board annually.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

19.2.6.

Powers of the Board.

The Board shall be empowered to:

(a)

Prepare rules, bylaws and procedures as necessary to carry out the business of the Board, which shall be ratified by the City Council of the City of Aurora;

(b)

Adopt criteria for the preservation and use of open space, which shall be recommended to the City Council of the City of Aurora;

(c)

Maintain written minutes which record all actions taken by the Board and the reasons for taking such actions;

(d)

Increase public awareness of the value of preserving open/green space and participating in public education programs;

(e)

Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation open space and development of parks within the City;

(f)

Make recommendations to the City Council relating to management of a public park and recreation program

(g)

Make recommendations to the City Council relating to the conduct on public playgrounds, athletic fields, concession rights and other recreation facilities and activities on any of the properties controlled by the City

(h)

Make recommendations to the City Council concerning recreational activities that employ the leisure time of the citizenry

(i)

Prepare and submit annually to the City Council, a report summarizing the work completed during the previous year[.]

(Ordinance O-06-0403Z adopted 7/3/2007)

Aurora City Zoning Code

SECTION 19

BOARDS

§ 19.1 Historic Preservation Board.

19.1.1.

Historic Preservation Program Established.

The development and promotion of historic preservation is hereby established as a program and function of the City of Aurora, Texas.

19.1.2.

Definitions.

The following words, when used in this Section, shall have the meaning respectively ascribed to them below, unless the context of this Ordinance clearly indicates otherwise.

Alteration

Board

means the City of Aurora Historical Board.

Certificate of Appropriateness

City Council

means the City Council of the City of Aurora.

Designated

Exterior Feature

Historic District

Historic Landmark

Noncontributing Property

means any property that may be located in a designated historic district but does not, in itself, exhibit construction or characteristics that are recognized as being historic in nature.

Ordinary Maintenance

Preservation

19.1.3.

Goals and Purposes.

(a)

Protect and enhance the landmarks and districts which represent distinctive elements of Aurora's historic, architectural, and cultural heritage;

(b)

Foster civic pride in the accomplishments of the past;

(c)

Protect and enhance the City of Aurora's attractiveness to visitors and to support and stimulate the economy thereby provided;

(d)

Insure the harmonious, orderly, and efficient growth and development of the City;

(e)

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City; and

(f)

Encourage stabilization, restoration, and improvements of such properties and their values.

19.1.4.

Funding.

The City of Aurora may provide funding to the Board as approved by the City Council.

19.1.5.

Historical Board.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

19.1.6.

Powers of the Board.

The Board shall be empowered to:

(a)

Prepare rules, bylaws and procedures as necessary to carry out the business of the Board, which shall be ratified by the City Council of the City of Aurora;

(b)

Adopt criteria for the designation of historic, architectural, and cultural landmarks and delineation of historic districts, which shall be recommended to the City Council of the City of Aurora;

(c)

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City;

(d)

Recommend the designation of resources as landmarks and historic districts;

(e)

Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of Section 19.1 of this Ordinance;

(f)

Maintain written minutes which record all actions taken by the Board and the reasons for taking such actions;

(g)

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques and/or markers;

(h)

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs;

(i)

Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City;

(j)

Approve or disapprove applications for Certificates of Appropriateness pursuant to this Section;

(k)

Prepare and submit annually to the City Council, a report summarizing the work completed during the previous year;

(l)

Recommend to the City Council specific guidelines for the review of landmarks and districts;

(m)

Recommend to the City Council the acquisition of a landmark structure by the City where its preservation is essential to the purpose of this Section and where private preservation is not feasible;

(n)

Propose and recommend to the City Council tax abatement programs for historic landmarks or districts; and

(o)

19.1.7.

Designation of Historic Landmarks

(a)

The provisions of this Section pertaining to the designation of historic landmarks shall constitute part of the comprehensive land use plan of the City of Aurora.

(b)

(c)

(d)

(e)

19.1.8.

Designation of Historic Districts

(a)

These provisions pertaining to the designation of historic districts constitute a part of the comprehensive land use plan of the City of Aurora.

(b)

(c)

The Board may recommend the designation of a district in accordance with the City of Aurora Zoning Ordinance if it:

(i)

Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and

(ii)

Constitutes a distinct section of the city.

(d)

(e)

(f)

19.1.9.

Criteria for Designation of Historic Landmarks and Districts.

An historic landmark or district may be designated if it meets any of the following criteria:

(a)

Possesses significance in history, architecture, archeology, and culture;

(b)

Is associated with events that have made a significant contribution to local, regional, state, or national history;

(c)

Embodies the distinctive characteristics of a type, period, or method of construction;

(d)

Represents the work of a master designer, builder, or craftsman; and

(e)

Represents a significant, established and familiar visual feature of the city.

19.1.10.

Relationship of Designations to Base Zoning District

(a)

(b)

(c)

(d)

If there is any conflicted [conflict] between the adopted design guidelines and any provision of this Section, the most restrictive regulation shall apply.

19.1.11.

Certificate of Appropriateness for Alteration or New Construction Affecting Landmarks or Historic Districts.

19.1.12.

Criteria for Approval of a Certificate of Appropriateness.

(a)

Every reasonable effort shall be made to adapt the property in a manner that requires minimal alteration of the building, structure, object, or site and its environment;

(b)

The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed;

(c)

The removal or alteration of any historic material or distinctive architectural features should be avoided when possible;

(d)

(e)

(f)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, object, or site shall be kept where possible;

(g)

(h)

(i)

Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project;

(j)

(k)

19.1.13.

Certification of Appropriateness Application Procedure

(a)

Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such a certificate with the Code Official. The application shall contain:

(i)

Name, address, telephone number of applicant, detailed description of proposed work;

(ii)

Location and photograph of the property and adjacent properties;

(iii)

Elevation drawings of the proposed changes, if available;

(iv)

Samples of materials to be used, if applicable;

(v)

(vi)

Any other information, which the Board may deem necessary, in order to visualize the proposed work.

(b)

(c)

(d)

(e)

(f)

19.1.14.

Certificate of Appropriateness Required for Demolition.

19.1.15.

Economic Hardship Application Procedure

(a)

(b)

When a claim of economic hardship is made due to the effect of this Ordinance, the owner must prove that:

(i)

The property is incapable of earning a reasonable economic return, regardless of whether that return represents the most profitable return possible;

(ii)

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, such would result in a reasonable economic return; and

(iii)

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

(c)

(d)

The Board shall hold a public hearing on the application within thirty (30) days from the date the application is received by the Board.

(e)

(f)

(g)

19.1.16.

Enforcement.

19.1.17.

Ordinary Maintenance.

19.1.18.

Demolition by Neglect.

Examples of such deterioration include:

(a)

Deterioration of exterior walls or other vertical supports;

(b)

Deterioration of roof or other horizontal members;

(c)

Deterioration of exterior chimneys;

(d)

Deterioration or crumbling of exterior stucco or mortar;

(e)

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; and

(f)

Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

19.1.19.

No Authority to Grant Variance.

19.1.20.

Cumulative Remedies.

(Ordinance O-06-0403Z adopted 7/3/2007)

§ 19.2 Parks and Recreation Board.

19.2.1.

Parks and Recreation Program Established.

The development and promotion of parks and recreation and open space preservation is hereby established as a program and function of the City of Aurora, Texas.

19.2.2.

Definitions.

The following words, when used in this Section, shall have the meaning respectively ascribed to them below, unless the context of this Ordinance clearly indicates otherwise.

Board

means the City of Aurora Parks and Recreation Board.

City Council

means the City Council of the City of Aurora.

Public park or playground

19.2.3.

Goals and Purposes.

19.2.4.

Funding.

The City of Aurora may provide funding to the Board as approved by the City Council.

19.2.5.

Parks and Recreation Board.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

19.2.6.

Powers of the Board.

The Board shall be empowered to:

(a)

Prepare rules, bylaws and procedures as necessary to carry out the business of the Board, which shall be ratified by the City Council of the City of Aurora;

(b)

Adopt criteria for the preservation and use of open space, which shall be recommended to the City Council of the City of Aurora;

(c)

Maintain written minutes which record all actions taken by the Board and the reasons for taking such actions;

(d)

Increase public awareness of the value of preserving open/green space and participating in public education programs;

(e)

Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation open space and development of parks within the City;

(f)

Make recommendations to the City Council relating to management of a public park and recreation program

(g)

(h)

Make recommendations to the City Council concerning recreational activities that employ the leisure time of the citizenry

(i)

Prepare and submit annually to the City Council, a report summarizing the work completed during the previous year[.]

(Ordinance O-06-0403Z adopted 7/3/2007)

Aurora City Zoning Code

SECTION 19

BOARDS

§ 19.1 Historic Preservation Board.

19.1.1.

Historic Preservation Program Established.

The development and promotion of historic preservation is hereby established as a program and function of the City of Aurora, Texas.

19.1.2.

Definitions.

The following words, when used in this Section, shall have the meaning respectively ascribed to them below, unless the context of this Ordinance clearly indicates otherwise.

Alteration

Board

means the City of Aurora Historical Board.

Certificate of Appropriateness

City Council

means the City Council of the City of Aurora.

Designated

Exterior Feature

Historic District

Historic Landmark

Noncontributing Property

means any property that may be located in a designated historic district but does not, in itself, exhibit construction or characteristics that are recognized as being historic in nature.

Ordinary Maintenance

Preservation

19.1.3.

Goals and Purposes.

(a)

Protect and enhance the landmarks and districts which represent distinctive elements of Aurora's historic, architectural, and cultural heritage;

(b)

Foster civic pride in the accomplishments of the past;

(c)

Protect and enhance the City of Aurora's attractiveness to visitors and to support and stimulate the economy thereby provided;

(d)

Insure the harmonious, orderly, and efficient growth and development of the City;

(e)

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City; and

(f)

Encourage stabilization, restoration, and improvements of such properties and their values.

19.1.4.

Funding.

The City of Aurora may provide funding to the Board as approved by the City Council.

19.1.5.

Historical Board.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

19.1.6.

Powers of the Board.

The Board shall be empowered to:

(a)

Prepare rules, bylaws and procedures as necessary to carry out the business of the Board, which shall be ratified by the City Council of the City of Aurora;

(b)

Adopt criteria for the designation of historic, architectural, and cultural landmarks and delineation of historic districts, which shall be recommended to the City Council of the City of Aurora;

(c)

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City;

(d)

Recommend the designation of resources as landmarks and historic districts;

(e)

Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of Section 19.1 of this Ordinance;

(f)

Maintain written minutes which record all actions taken by the Board and the reasons for taking such actions;

(g)

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques and/or markers;

(h)

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs;

(i)

Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City;

(j)

Approve or disapprove applications for Certificates of Appropriateness pursuant to this Section;

(k)

Prepare and submit annually to the City Council, a report summarizing the work completed during the previous year;

(l)

Recommend to the City Council specific guidelines for the review of landmarks and districts;

(m)

Recommend to the City Council the acquisition of a landmark structure by the City where its preservation is essential to the purpose of this Section and where private preservation is not feasible;

(n)

Propose and recommend to the City Council tax abatement programs for historic landmarks or districts; and

(o)

19.1.7.

Designation of Historic Landmarks

(a)

The provisions of this Section pertaining to the designation of historic landmarks shall constitute part of the comprehensive land use plan of the City of Aurora.

(b)

(c)

(d)

(e)

19.1.8.

Designation of Historic Districts

(a)

These provisions pertaining to the designation of historic districts constitute a part of the comprehensive land use plan of the City of Aurora.

(b)

(c)

The Board may recommend the designation of a district in accordance with the City of Aurora Zoning Ordinance if it:

(i)

Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and

(ii)

Constitutes a distinct section of the city.

(d)

(e)

(f)

19.1.9.

Criteria for Designation of Historic Landmarks and Districts.

An historic landmark or district may be designated if it meets any of the following criteria:

(a)

Possesses significance in history, architecture, archeology, and culture;

(b)

Is associated with events that have made a significant contribution to local, regional, state, or national history;

(c)

Embodies the distinctive characteristics of a type, period, or method of construction;

(d)

Represents the work of a master designer, builder, or craftsman; and

(e)

Represents a significant, established and familiar visual feature of the city.

19.1.10.

Relationship of Designations to Base Zoning District

(a)

(b)

(c)

(d)

If there is any conflicted [conflict] between the adopted design guidelines and any provision of this Section, the most restrictive regulation shall apply.

19.1.11.

Certificate of Appropriateness for Alteration or New Construction Affecting Landmarks or Historic Districts.

19.1.12.

Criteria for Approval of a Certificate of Appropriateness.

(a)

Every reasonable effort shall be made to adapt the property in a manner that requires minimal alteration of the building, structure, object, or site and its environment;

(b)

The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed;

(c)

The removal or alteration of any historic material or distinctive architectural features should be avoided when possible;

(d)

(e)

(f)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, object, or site shall be kept where possible;

(g)

(h)

(i)

Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project;

(j)

(k)

19.1.13.

Certification of Appropriateness Application Procedure

(a)

Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such a certificate with the Code Official. The application shall contain:

(i)

Name, address, telephone number of applicant, detailed description of proposed work;

(ii)

Location and photograph of the property and adjacent properties;

(iii)

Elevation drawings of the proposed changes, if available;

(iv)

Samples of materials to be used, if applicable;

(v)

(vi)

Any other information, which the Board may deem necessary, in order to visualize the proposed work.

(b)

(c)

(d)

(e)

(f)

19.1.14.

Certificate of Appropriateness Required for Demolition.

19.1.15.

Economic Hardship Application Procedure

(a)

(b)

When a claim of economic hardship is made due to the effect of this Ordinance, the owner must prove that:

(i)

The property is incapable of earning a reasonable economic return, regardless of whether that return represents the most profitable return possible;

(ii)

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, such would result in a reasonable economic return; and

(iii)

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

(c)

(d)

The Board shall hold a public hearing on the application within thirty (30) days from the date the application is received by the Board.

(e)

(f)

(g)

19.1.16.

Enforcement.

19.1.17.

Ordinary Maintenance.

19.1.18.

Demolition by Neglect.

Examples of such deterioration include:

(a)

Deterioration of exterior walls or other vertical supports;

(b)

Deterioration of roof or other horizontal members;

(c)

Deterioration of exterior chimneys;

(d)

Deterioration or crumbling of exterior stucco or mortar;

(e)

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; and

(f)

Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

19.1.19.

No Authority to Grant Variance.

19.1.20.

Cumulative Remedies.

(Ordinance O-06-0403Z adopted 7/3/2007)

§ 19.2 Parks and Recreation Board.

19.2.1.

Parks and Recreation Program Established.

The development and promotion of parks and recreation and open space preservation is hereby established as a program and function of the City of Aurora, Texas.

19.2.2.

Definitions.

The following words, when used in this Section, shall have the meaning respectively ascribed to them below, unless the context of this Ordinance clearly indicates otherwise.

Board

means the City of Aurora Parks and Recreation Board.

City Council

means the City Council of the City of Aurora.

Public park or playground

19.2.3.

Goals and Purposes.

19.2.4.

Funding.

The City of Aurora may provide funding to the Board as approved by the City Council.

19.2.5.

Parks and Recreation Board.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

19.2.6.

Powers of the Board.

The Board shall be empowered to:

(a)

Prepare rules, bylaws and procedures as necessary to carry out the business of the Board, which shall be ratified by the City Council of the City of Aurora;

(b)

Adopt criteria for the preservation and use of open space, which shall be recommended to the City Council of the City of Aurora;

(c)

Maintain written minutes which record all actions taken by the Board and the reasons for taking such actions;

(d)

Increase public awareness of the value of preserving open/green space and participating in public education programs;

(e)

Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation open space and development of parks within the City;

(f)

Make recommendations to the City Council relating to management of a public park and recreation program

(g)

(h)

Make recommendations to the City Council concerning recreational activities that employ the leisure time of the citizenry

(i)

Prepare and submit annually to the City Council, a report summarizing the work completed during the previous year[.]

(Ordinance O-06-0403Z adopted 7/3/2007)