El Reno City Zoning Code
ARTICLE XIV
Historical Preservation District
§ 361-102 Purposes and definitions.
A.
Purposes of article. The City Council hereby declares that the historical, architectural, cultural, and aesthetic features of the City represent some of the finest and most valuable resources of the City, and such resources are the embodiment of the heritage of this community. Therefore, it is hereby declared that the purposes of the Historical Preservation District shall be as follows:
(1)
To promote the creation of historic districts and landmarks for the educational, cultural, economic, and general welfare of the public through the preservation, protection, and regulation of buildings, sites, monuments, structures, and areas of historic interest or importance within the corporate limits of the City;
(2)
To safeguard the heritage of the City by preserving and regulating historic landmarks and districts which reflect elements of its cultural, social, economic, political, and architectural history;
(3)
To preserve and enhance the environmental quality of neighborhoods;
(4)
To strengthen the City's economic base by the stimulation of conservation and reuse;
(5)
To establish and preserve property values;
(6)
To foster economic development;
(7)
To ensure the harmonious, orderly, and efficient growth and development of the municipality;
(8)
To promote the use of historic landmarks and districts for the culture, prosperity, education, and welfare of the people of the City and visitors to the City; and
(9)
To establish a preservation plan to accomplish the goals of this article.
B. ARCHAEOLOGICAL RESOURCES ARCHITECTURAL RESOURCES CERTIFICATE OF APPROPRIATENESS COMMISSION HISTORICAL PRESERVATION DISTRICT HISTORICAL RESOURCES ORDINARY MAINTENANCE AND REPAIR PRESERVATION(1) (2) (3) (4) (5) (6) (7) SIGNIFICANT CHARACTERISTICS OF AN ARCHAEOLOGICAL RESOURCE SIGNIFICANT CHARACTERISTICS OF HISTORICAL OR ARCHITECTURAL RESOURCES(1) (2) (3) (4) (5) (6) (7) (8) (9) STRUCTURE
Definitions. As used in this article, the following terms shall have the meanings indicated:
Areas or locations occupied as residences or utilized by humans (historic or prehistoric) for a sufficient length of time to construct features or deposit artifacts, which may remain in greater or lesser degrees of preservation and order and which may lend to the increase of knowledge of man about his own development.
Districts, structures, buildings, monuments, sites, or landscaping that possess local interest or artistic merit, or which are particularly representative of their class or period, or represent achievements in architecture, engineering, technology, design, or scientific research and development.
The official document issued by the Historical Preservation Commission approving any application for permission to construct, erect, demolish, remove, relocate, reconstruct, restore, or alter any structure designated by the authority of this article.
The Historical Preservation Commission as hereinafter provided for.
A geographically definable area with a concentration or linkage of significant sites, buildings, structures, or monuments; or an individual structure, building, site, or monument which contributes to the historical, architectural, or archaeological heritage of the City.
Sites, districts, structures, buildings, or monuments that represent facets of history in the locality, state or nation; places where significant historical or unusual events occurred; places associated with a personality or group important to the past.
Any work for which a building permit, zoning clearance permit, or any other City permit or certificate is not required and where the purpose of such work is stabilization and, further, where such work will not noticeably change the exterior appearance of the resource. Any work not satisfying all of the above requirements shall not be considered ordinary maintenance and repair. The application of paint to previously unpainted brick or masonry shall not be considered ordinary maintenance and repair, nor shall the construction or enlargement of a driveway or parking area be considered ordinary maintenance and repair.
The adaptive use, conservation, protection, reconstruction, restoration, rehabilitation, or stabilization of sites, buildings, districts, structures, or monuments significant to the heritage of the community.
ADAPTIVE USEThe restrained alteration of a historical or architectural resource to accommodate uses for which the resource was not originally constructed, but in such a way so as to maintain the general historical and architectural character.
CONSERVATIONThe sustained use and appearance of a resource essentially in its existing state.
PROTECTIONThe security of a resource as it exists through the establishment of the mechanisms of this article.
RECONSTRUCTIONThe process of recreating or reproducing by new construction all or part of the form and detail of a vanished resource as it appeared at a specified period in time.
REHABILITATIONThe process of returning an historical or architectural resource to a state of efficiency or soundness by repair or alteration designed to encourage its continued use but without noticeably changing the exterior appearance of the resource. All remodels and rehabilitation must be consistent with the guidelines established in the Secretary of Interior’s Standards for Rehabilitation and consistent with design criteria for the historical preservation district where the property lies.
[Amended 3-4-2008 by Ord. No. 6004[1]]
RESTORATIONThe process of accurately recovering all or a part of the form and detail of a resource and its setting as it appeared at a particular period of time by means of the removal of later work and the replacement of missing earlier work.
STABILIZATIONThe process of applying measures designated to halt deterioration and to establish the structural stability of an unsafe or deteriorated resource while maintaining the essential form as it presently exists without noticeably changing the exterior appearance of the resource.
The artifacts present, the information to be gathered, or the potential for revealing hitherto unknown or unclear details of a culture, period, or structure.
Those characteristics which are important to or expressive of the historical, architectural, or cultural quality and integrity of the resource and its setting, and which include but are not limited to building material, detail, height, mass, proportion, rhythm, scale, setback, setting, shape, street accessories, and workmanship.
BUILDING MATERIALSThe physical characteristics which create the aesthetic and structural appearance of the resource, including but not limited to a consideration of the texture and style of the components and their combinations, such as brick, stone, shingle, wood, concrete, or stucco.
DETAILArchitectural aspects which, due to particular treatment, draw attention to certain parts or features of a structure.
HEIGHTThe vertical dimension of a given structure, building, or monument.
PROPORTIONThe relative physical sizes within and between buildings and building components.
RHYTHMA regular pattern of shapes, including, but not limited to, windows, doors, projections, and heights, within a building, structure, or monument, or a group of same.
SCALEThe harmonious proportion of parts of a building, structure, or monument to one another and to the human figure.
SETTINGThe surrounding buildings, structures, or monuments, or landscaping, which provide visual, aesthetic, or auditory quality of the historic or architectural resources.
SHAPEThe physical configuration of structures or buildings, or monuments, and their component parts, including, but not limited to, roofs, doors, windows, and facades.
STREET ACCESSORIESThose sidewalk or street fixtures which provide cleanliness, comfort, direction, or safety, are compatible in design to their surroundings, and include, but are not limited to, trash receptacles, including, but not limited to, trees, shrubbery, and planters.
Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground. This includes, but is not limited to, buildings, fences, walls, driveways, sidewalks and parking areas.
§ 361-103 Historical Preservation Commission.
B.
Terms of membership. The term of each Commission member shall be for three years.
C.
Meetings and rules of Commission. The Commission shall be empowered to adopt rules for the conduct of its business and shall elect a Chairperson, who shall serve for one year. All meetings of the Commission shall be open to the public. Any person, or his duly appointed representative, shall be entitled to appear and be heard on any matter before the Commission. The Commission shall keep a record of its proceedings, a copy of which shall be filed for public view in the office of the City Clerk. A majority of the seven voting members of the Commission shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of a majority of the total voting membership of the Commission. The Zoning Administrator, or the designated representative of the Zoning Administrator, shall act as Secretary of the Commission and shall attend and keep the minutes of all meetings. He or she shall act in an advisory capacity only and may participate in the Commission's discussions but shall have no vote.
D.
Duties of Historical Preservation Commission. Unless otherwise specified in this article, the duties of the Historical Preservation Commission shall be as follows:
(1)
Prepare or cause to be prepared a comprehensive inventory of historical, architectural, and archaeological resources within the City, and to update same on a regular basis.
(2)
Prepare or cause to be prepared a general historical preservation plan to be incorporated within the Comprehensive Plan of the City.
(3)
Prepare findings of fact relating to the recommendation for designation of historical, architectural, and archaeological resources.
(4)
Prepare findings of fact pursuant to action taken by the Commission relating to certificates of appropriateness.
(5)
Make recommendations to the City Council concerning historical easements, and the development of historical preservation plans.
(6)
Make recommendations to the City Council concerning grants from federal and state agencies, private groups and individuals and the utilization of budgetary appropriations to promote the preservation of historic, architectural, or archaeological resources; and, when so directed by the City Council, the Commission may oversee historical projects or programs.
(7)
Promulgate rules governing the meetings of the Commission and the standards for materials presented to the Commission.
(8)
Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings of fact, determinations and decisions.
(9)
Make recommendations to the City Council, Planning Commission and/or other bodies regarding historic designations, certificates of appropriateness, and amendment and enforcement of this and other ordinances of the City.
(10)
Comment and make recommendations concerning actions undertaken by other City agencies or actions of other governmental units with respect to the potential adverse effects of such actions upon historical, architectural, and archaeological resources.
[Amended 3-4-2008 by Ord. No. 6004]
(11)
Conduct a periodic review of the status of designated landmarks and historic districts and provide periodic reports on the findings of said review, along with any resolutions for action, as considered appropriate, to Council.
(12)
Any other functions imposed by this article or which may be specified by the City Council.
(13)
Report to the City Council any potential negative impact an action taken by another agency might have on a building, site, construction, or district designated under this article.
[Added 3-4-2008 by Ord. No. 6004]
§ 361-104 Establishment of HP Historical Preservation District.
A.
Creation. There is hereby created the HP Historical Preservation Zoning District.
B.
General provisions and description. The HP Historical Preservation District and its regulations may be applied to property located in any other zoning district, whether residential, commercial, industrial or agricultural, in accordance with the provisions of this article. The HP Historical Preservation District is intended to be an overlay zoning district and the regulations imposed by such district shall be in addition to the regulations of the underlying zoning district applicable to the subject parcel. All provisions of this article, including the definitions, shall be applicable to this district. It is specifically intended that individual tracts, buildings, monuments, natural characteristics and open spaces may be included within this district regardless of size; and larger geographical areas may also be so designated.
C.
District identification. Tracts, buildings or sites designated by City Council as being within the HP Historical Preservation District shall be identified on the official Zoning Map of the City and in other official writings by the suffix "HP."
D.
District regulations. The following regulations shall be applicable to the HP Historical Preservation District and shall control the use of all properties within such district:
(1)
The erection, moving, demolition, removal, reconstruction, restoration, or alteration of the exterior of any structure is prohibited unless a certificate of appropriateness is granted by the Historical Preservation Commission, unless such a certificate is not required by § 361-106A of this article.
(2)
All structures and grounds shall be maintained in good condition in keeping with the historical nature of the site designated.
(3)
All interior portions of structures shall be kept in such good repair to the extent necessary to prevent structural deterioration.
(4)
Full compliance shall be had with all provisions and procedures of this article.
E.
Permitted uses. Property located within the HP Historical Preservation District may be used for any purpose, and only those purposes, permitted within the underlying zoning district in which such property is located, subject to compliance with all regulations imposed by such basic zoning district and subject to compliance with all provisions of this article.
§ 361-105 District designation.
A.
Historical Preservation District designation procedure.
(1)
The City Council may designate tracts and sites for inclusion within the HP Historical Preservation District in the same manner prescribed for the designation of other zoning districts by this chapter and subject to compliance with this article; however, all designations of tracts and sites for inclusion within the Historical Preservation District shall first be reviewed and considered by the Historical Preservation Commission. The Historical Preservation Commission shall hold an informative meeting after providing notice to all property owners of county record in the proposed HP Historical Preservation District. Said notice can be mailed through regular mail and must occur at least 45 days prior to the meeting. A legal notice shall also be published in a newspaper of general circulation announcing the meeting and detailing the proposal in compliance with the Open Meetings Act. Within 30 days after conducting the informative meeting, the Commission shall forward its recommendation regarding a proposed district designation to the Planning Commission and City Council.
[Amended 3-4-2008 by Ord. No. 6004[1]]
(2)
Notice of consideration of designation; protest to district designation.
[Amended 3-4-2008 by Ord. No. 6004]
(a)
Prior notice of consideration of a district designation by the Historical Preservation Commission shall be the same as is required for consideration of the adoption or amendment of zoning district boundaries by City Council set forth in Article XXV. As a part of such notice, the Commission shall notify the owner or owners of record of affected properties by mail of the proposed designation, including a copy of the proposed designation ordinance, a letter outlining the basis for the designation, and the obligations and restrictions which result from such designation.
(b)
A minimum of four affirmative votes is required by the City Council any time a protest to a proposed Historical Preservation Zoning District is received that meets the following criteria:[2]
[1]
It must be received at least three business days prior to the meeting where the amendment will be considered.
[2]
It must be a legible, original document bearing original signatures of 20% or more of the property owners within the proposed district or 50% or more of the property owners owning land within a three-hundred-foot radius of the exterior boundary of the proposed district.
(3)
The initiation of a proposal of designation may be made by the Commission, the City Council, the Zoning Administrator, the Planning Commission, or on the application of the owner or owners of the parcel to be designated, or their authorized agents. Any such application shall be made upon forms and pursuant to standards set by the Commission for this purpose.
(4)
The Commission may solicit and present expert testimony or documentary evidence regarding the historical and architectural, archaeological, or cultural importance of the property proposed for designation.
(5)
As part of every such designation, or amendment of a designation, the Commission shall state in written form the attributes of the area or site designated as such attributes relate to and comply with the review criteria for district designation as provided in this article.
(6)
The Zoning Administrator shall officially notify the Commission of all approvals or disapprovals of designation ordinances at the next regular meeting of the Commission following the City Council action.
(7)
Designations may be amended or repealed in the same manner and according to the same procedure as provided herein for the original designation.
(8)
No application for a permit to construct, alter, demolish, remove, or relocate any characteristic of a designated site, building, structure, district, open space or monument filed subsequent to the day that an application has been filed or a resolution adopted to initiate designation of said proposed historical preservation district shall be approved by the City while proceedings are pending regarding such historical preservation district designation application, unless such work is determined by the Commission to be essential to the preservation or stabilization of the resources and such work will not detrimentally alter the exterior appearance of the resource.
B.
District designation criteria. A site, structure, building, district, open space or monument may be designated for its preservation, and thus may be included within the HP Historical Preservation District, if it possesses at least one of the following attributes within the categories below:
(1)
Historical, cultural category:
(a)
It has significant character, interest or value as part of the development, heritage or cultural characteristics of the locality, state, or nation; or is associated with the life of a personality significant to the past;
(b)
It is the site of an historic event with a significant effect upon the development, heritage, or cultural characteristics of the locality, state, or nation; or
(c)
It exemplifies the cultural, political, economic, social, or historic heritage of the community.
(2)
Architectural, engineering category:
(a)
It portrays the environment in an era of history characterized by a distinctive architectural style;
(b)
It embodies those distinguishing characteristics of an architectural type or engineering specimen;
(c)
It is the work of a designer or architect or contractor whose individual work has influenced the development of the community or of this nation;
(d)
It contains elements of design, detail, materials, or craftsmanship which represent a style unique to the past;
(e)
It is a part of or related to a square, park or other distinctive area, and thus should be developed and preserved according to a plan based on an historical, cultural, or architectural motif; or
(f)
It represents an established and familiar visual feature of the neighborhood, community, or skyline owing to its unique location or singular physical characteristic.
(3)
Archaeological category:
§ 361-106 Certificates of appropriateness.
A.
When required. A certificate of appropriateness shall be required in the following instances before the commencement of work upon any structure or site located within the HP Historical Preservation District:
(1)
Whenever such work requires a building permit issued by the City;
(2)
Whenever such work includes the application of paint to a previously unpainted brick or masonry exterior surface or the construction or enlargement of a driveway or parking area; or
(3)
Whenever such work includes the erection, moving, demolition, reconstruction, restoration, or alteration of the exterior of any structure or site, except when such work satisfies all the requirements for "ordinary maintenance and repair" as defined in this article.
B.
General provisions and procedure.
(1)
No building permit shall be issued for any structure or site located within the HP Historical Preservation District until the application for such permit has been reviewed by the Commission and a certificate of appropriateness has been approved by the Commission.
(2)
When applying for such a permit, the applicant shall furnish two copies of all detailed plans, elevations, perspectives and specifications. Such shall be forwarded to the Commission within five days of receipt thereof. Any applicant may request a meeting with the Commission before submitting an application and may consult with the Commission during the review of the permit application.
(3)
Upon review of the application, the Commission shall determine whether the proposed work is of a nature which will adversely affect any historical or architectural resource and whether such work is appropriate and consistent with the spirit and intent of this article and the designating ordinance. The Commission shall apply the criteria established by this article and, based thereon, shall approve or disapprove such certificate of appropriateness. If the Commission disapproves a certificate of appropriateness, no permit shall be issued and the applicant shall not proceed with the proposed work.
(4)
The Commission shall develop such guidelines as it may find necessary to supplement the provisions of this article and to inform owners, residents, and the general public of those techniques which are considered most proper for undertaking work relating to historical and architectural resources. The Commission shall have the opportunity to advise the City Council concerning provisions in the building, electrical, plumbing, heat and air and housing codes and other codes which affect preservation work.
(5)
It is not the intent of this article to limit new construction to any one period or architectural style, but to preserve the integrity of historic and architectural resources and to ensure the compatibility of new work constructed in the vicinity. In the case of the disapproval of plans by the Commission, the Commission shall state in writing the reasons for such disapproval and may include suggestions of the Commission in regard to actions the applicant might take to secure the approval of the Commission.
(6)
With regard to the development of a property containing a designated archaeological resource, a certificate of appropriateness shall be required prior to the issuance of the permit for which the applicant has applied; and further, the following requirements shall be satisfied:
(a)
Archaeological resources shall be protected from inappropriate or improper digging by demonstration by the applicant that the appropriate permits and standards are met for study as set by the State Historical Society.
(b)
Any discovered materials shall be properly recorded, reported, stored, or exhibited according to the standards set by the State Historical Society.
(c)
All development affecting the designated archaeological resource shall provide for the permanent preservation of the resource or provide for the completion of the necessary work as recommended by a qualified archaeologist.
(d)
Prior to the hearing by the Commission for issuance of the certificate of appropriateness, the applicant or the Commission shall cause to have presented the comments and recommendations of a qualified archaeologist with respect to the resource under consideration and the application which would affect it.
(7)
The Commission may approve certificates of appropriateness subject to certain conditions, to be stated in writing. Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the conditions of such certificate, if any. It shall be the duty of the Zoning Administrator, or his authorized agent, to inspect from time to time any work performed pursuant to a certificate of appropriateness to assure such compliance. In the event that such work is not in compliance, the Zoning Administrator shall issue a stop-work order. The Commission may request by resolution that the Zoning Administrator inspect work at a particular location and, if in noncompliance, issue a stop-work order.
C.
Review criteria. The Commission shall be guided by the following criteria in considering certificates of appropriateness:
(1)
The purpose and intent of this article.
(2)
The degree to which the proposed work may destroy or alter all or part of a resource.
(3)
The degree to which the proposed work would serve to isolate the resource from its historical or architectural surroundings, or would introduce visual, audible, vibratory, or polluting elements that are out of character with the resource and its setting, or that adversely affect the physical integrity of the resource.
(4)
The compatibility of the building materials with the aesthetic and structural appearance of the resource, including but not limited to the consideration of texture, style, color or the components and their combinations of elements such as brick, stone, concrete, shingle, wood or stucco.
(5)
The compatibility of the proposed design to the significant characteristics of the resource, including but not limited to a consideration of the harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories, and workmanship.
§ 361-107 Demolition.
A.
General provisions.
[Amended 3-4-2008 by Ord. No. 6004]
(1)
No structure or site within any HP Historical Preservation District shall be demolished and/or removed unless the Commission shall approve such demolition and a certificate of appropriateness for such demolition and/or removal shall have been granted.
B.
Procedure and postponement orders.
(1)
The Commission shall hold a public hearing for the purpose of considering certificates of appropriateness for demolition or removal. After such hearing, the Commission may approve the certificate of appropriateness, thereby authorizing the demolition, or may enter an order postponing demolition for not more than 180 days.
(2)
At the conclusion of such period of postponement as specified in the Commission's order, the Commission shall within 45 days thereafter hold a second public hearing for the purpose of considering whether or not the Commission should recommend to the City Council that additional postponement of demolition be ordered.
(3)
In the event the Commission should make such recommendation of additional postponement to the City Council, the City Council shall hold a public hearing for the purpose of considering such additional postponement of demolition.
(4)
After such public hearing, the City Council may enter an order approving the demolition or may enter an order postponing demolition for an additional period not to exceed 120 days from the date of such order. At the conclusion of this final postponement period, the City Council shall hold a public hearing and may either approve the requested demolition or may disapprove such requested demolition. In the event demolition is not approved, no demolition shall occur. For purposes of this article, the word "demolition" shall include "removal."
C.
Criteria for review of demolitions. The Commission and City Council shall be guided by the following criteria in considering certificates of appropriateness and authorizations for demolition of structures or sites within the HP Historical Preservation District:
(1)
The purposes and intent of this article.
(2)
The degree to which the proposed removal of the historical resource would serve to destroy the integrity and continuity of the HP Historical Preservation District of which it is a part.
(3)
The nature of the resource as a representative type of style of architecture, socioeconomic development, historical association or other element of the original designation criteria applicable to such structure or site.
(4)
The condition of the resource from the standpoint of structural integrity and the extent of work necessary to stabilize the structure.
(5)
The alternatives available to the demolition applicant, including:
(a)
Donation of the subject structure or site to a public or benevolent agency.
(b)
Donation of a part of the value of the subject structure or site to a public or benevolent agency, including the conveyance of historical easements.
(c)
The possibility of sale of the structure or site, or any part thereof, to a prospective purchaser capable of preserving such structure or site.
(d)
The potential of such structure or site for renovation and its potential for continuing same.
(e)
The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure.
(6)
The ability of the subject structure or site to produce a reasonable economic return on investment to its owner; provided, however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this article.
§ 361-108 Maintenance; administration and enforcement; violations and penalties.
A.
Minimum maintenance. Designated landmarks, structures, buildings, or monuments within the HP Historical Preservation District shall be maintained to meet the minimum requirements of codes and ordinances governing the public health, safety and welfare. The Commission, on its own initiative, may file a resolution with the appropriate officer(s) requesting said officer(s) to proceed under the appropriate codes to require correction of defects or initiation of repairs. Any person in charge of a landmark, structure, building, or monument within an HP Historical Preservation District shall keep in good repair all of the exterior portions of such resources, including appropriate landscaping.
B.
Historical Preservation Commission review. All matters regarding property or sites situated within the HP Historical Preservation District shall be reviewed and considered by the Historical Preservation Commission prior to final action by the Planning Commission, the Board of Adjustment, or City Council.
C.
Penalties. Any person, firm, or corporation violating any provision of this article shall be subject to a fine and costs of not more than $35. Each day of violation shall be deemed a separate offense.
D.
Appeals. Any person aggrieved by a decision of the Commission shall have such right of appeal as may be otherwise provided by law.
E.
Taxes. Nothing in this article shall be construed as reason for an increased valuation of property for purposes of ad valorem taxation because of historical designation.