A.

The city 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 the people of Lawton. Therefore, it is hereby declared that the purposes of this article, to be known as the Historical Preservation Ordinance, shall be as follows:

1.

To designate, preserve, protect, enhance and perpetuate those structures and districts which reflect outstanding elements of the city's cultural, artistic, social, economic, political, architectural, historic, or other heritage.

2.

To foster civic pride in the beauty and accomplishments of the past.

3.

To stabilize or improve the aesthetic and economic vitality and values of such structures and districts.

4.

To promote the use of outstanding historical or architectural structures or districts for education, stimulation and welfare of the people of the city.

5.

To encourage the awareness of the value of the historic preservation district as an aid to increasing tourism, securing grants and tax incentives, and enhancing the desirability of the community as a site for individual and corporate relocation.

B.

A property owner whose structure or structures have been declared dilapidated or are being considered by the city council to be declared dilapidated shall not be eligible to submit an application to the Historical Preservation Commission. Structure(s) meeting this criterion are structure(s) declared dilapidated by the city council and those whose owner has been notified by the Neighborhood Services Division that the city council will consider the structure(s) dilapidated at a future public hearing.

(Ord. No. 13-39, § 1, 12-10-2013)

A.

For the purposes of this article, the following terms shall have the meanings indicated:

1.

"Architectural resources" means districts, structures, buildings, monuments, sites and 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.

2.

"Certificate of appropriateness" means the official document issued by the Historical Preservation Commission, its subcommittee, or the planning director approving any application for permission to construct, erect, demolish, move, reconstruct, rehabilitate, restore, stabilize or alter any exterior of a structure within a historical district for which a building permit may or may not be required.

3.

"Good repair" means a condition which not only meets minimum standards of health and safety, but which also guarantees continued attractiveness, continued structural soundness and continued usefulness.

4.

"Historical commission" means Historical Preservation Commission of the city established in Section 2-3-6-334.

5.

"Historical district" means a geographically definable area as designated by ordinance of the city council which may contain one or more significant landmarks and which may have within its boundaries other properties or structures, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the district.

6.

"Historical resources" means 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.

7.

"Landmark" means an individual structure, building, site or monument which contributes to the historical, architectural or archeological heritage of the city and is worthy of rehabilitation, restoration and/or preservation.

8.

"Ordinary maintenance and repair" means any work for which a building 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 following examples shall not be considered ordinary maintenance and repair: the application of paint to previously unpainted brick or masonry, the construction or enlargement of a driveway or parking area, the replacement of exterior doors or windows, except for repair of broken glass or screens by use of like glass or screens, and further, there are other types of construction or other work that shall not be considered ordinary maintenance and repair.

9.

"Preservation" means the adaptive use, conservation, protection, reconstruction, restoration, rehabilitation or stabilization of sites, buildings, districts, structures, monuments or other resources significant to the heritage of the people of Lawton, and further:

a.

"Adaptive use" means the restrained alteration of a historic 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.

b.

"Conservation" means the sustained use and appearance of a resource essentially in its existing state.

c.

"Protection" means maintaining the security and integrity as it exists through the establishment of the mechanisms of this article.

d.

"Reconstruction" means the 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.

e.

"Rehabilitation" means the process of returning a historical or architectural resource to the 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.

f.

"Restoration" means the 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 a later work and the replacement or duplication of missing earlier work.

g.

"Stabilization" means the process of applying measures designed 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.

10.

"Significant characteristics of historical or architectural resources" means 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 materials, detail, height, mass, proportion, rhythm, scale, setback, setting, shape, street accessories and workmanship.

a.

"Building materials" means the physical components and the manner of their utilization which create the aesthetic and structural appearance of the resource, including but not limited to a consideration of the texture, nature and style of the components and their combinations, such as brick, stone, shingle, wood, concrete or stucco.

b.

"Detail" means the architectural aspects which, due to particular treatment, draw attention to certain parts or features of a structure.

c.

"Height" means the vertical dimension of a given structure, building or monument.

d.

"Proportion" means the relative physical sizes within and between buildings and building components.

e.

"Rhythm" means a regular pattern of shapes, including, but not limited to, windows, doors, projections, and heights, within a building, structure, or monument, or a group of the same.

f.

"Scale" means the harmonious proportion of parts of a building, structure or monument to one another and to the human figure.

g.

"Setting" means the surrounding buildings, structure or monuments or landscaping which provides visual aesthetic or auditory quality to the historical or architectural resources.

h.

"Shape" means the physical configuration of structures or buildings or monuments and their component parts, including, but not limited to, roofs, doors, windows and facades.

i.

"Street accessories" means those sidewalks or street fixtures which provide cleanliness, comfort, direction or safety, and are compatible in design to their surroundings, and include, but are not limited to, trash receptacles, benches, advertising, displays, signs, lights, hydrants, and landscaping including but not limited to trees, shrubbery and planters.

11.

"Structure" means 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, parking areas, and signs.

12.

"Subcommittee" means a committee comprised of three (3) members of the historical commission. The historical commission shall designate such members for the purposes of reviewing submittals for certificates of appropriateness or for other purposes as outlined herein. In the event that any member of the subcommittee is not able to attend a meeting, any other member of the historical commission may serve as an alternate, as selected by the chairman or vice-chairman, as applicable.

(Ord. No. 13-39, § 1, 12-10-2013)

This article may apply to any area within the jurisdiction of the City of Lawton.

(Ord. No. 13-39, § 1, 12-10-2013)

There is hereby created the authority to establish the Historical Preservation (HP) Overlay Zoning District or Districts.

(Ord. No. 13-39, § 1, 12-10-2013)

The HP or Historical Preservation Overlay 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 the Historical Preservation Ordinance. The HP Historical Preservation Overlay 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 or area. All provisions of this article, including the definitions contained therein, shall be applied to this district.

(Ord. No. 13-39, § 1, 12-10-2013)

Tracts, buildings, sites or areas designated by the city council as being within the HP Historical Preservation Overlay District shall be identified on the official zoning map of the city and in other official writings by the suffix "HP."

(Ord. No. 13-39, § 1, 12-10-2013)

A.

The designating ordinance shall include design guidelines that shall prescribe the significant exterior architectural features; the types of construction, alteration, demolition and removal that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; permitted uses; special uses; height and area regulations; sign regulation; and parking regulations. Such guidelines shall be followed as to all matters requiring a certificate of appropriateness.

B.

Minor modifications or clarifications to the design guidelines may be made by the historical commission on matters, including but not limited to:

1.

Expansion or clarification of the list of allowable materials;

2.

Modification of the requirement or regulations regarding driveways and the parking of vehicles; and

3.

Landscaping requirements.

Minor modifications shall not affect the primary structure.

C.

For all other modifications, the historical commission shall make a recommendation to the city council, and the city council shall make the final decision. Prior to consideration of modifications by the city council, all property owners within the overlay district shall be notified by mail ten (10) days prior to the city council meeting. The city council shall make the final decision to either approve or disapprove the modification. Approval of the modification shall be by ordinance.

(Ord. No. 13-39, § 1, 12-10-2013)

Nothing in this article shall be construed to prevent ordinary maintenance or repair on any structure except exterior change.

(Ord. No. 13-39, § 1, 12-10-2013)

A.

The city may designate tracts and sites for inclusion within the Historical Preservation Overlay District in the same manner prescribed for the designation of other zoning districts and subject to compliance with this chapter; however, all designations of tracts and sites for inclusion within the preservation district shall be reviewed and considered by the historical commission. Such commission shall forward its recommendation regarding a proposed designation to the city planning commission and city council.

B.

The initiation of a proposal of designation may be made by the applicant which may be the historical commission, the city council, the city planning commission or the owner or owners of the parcel(s) to be designated or the authorized agents of the owner or owners. Any such application shall be made upon forms or pursuant to standards set by the historical commission for this purpose.

C.

Notice of consideration of a district designation by the historical commission shall be the same as is required for consideration of the adoption or amendment of zoning district boundaries as set out in Section 18-1-1-114 of this Code. As a part of such notice, the city manager or his designee shall notify the owner or owners of record of affected properties by mail which shall include 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.

D.

The historical commission, or the applicant if the applicant is not said commission, may solicit and present expert testimony or documentary evidence regarding the historical, architectural, archeological, or cultural importance of the property or district proposed for designation.

E.

It shall be the duty of the city manager or his designee to report to the historical commission as to the existence of such plans, programs, or authorization which might have application to the property proposed for designation, and further to offer a professional opinion as to whether or not the proposed designation is in accordance with such plans, programs or authorizations.

F.

As part of every such proposed designation, or proposed amendment of a designation, the historical commission shall state in written form to the city planning commission the attributes of the area or property proposed for designation or the degree to which such attributes relate to and comply with the review criteria set forth in this article. In addition, the historical commission shall state in writing:

1.

Whether or not, in its review, designation would be in compliance with prior actions of the city council proving plans, program or authorizations for public trusts, agencies or authorities of the city;

2.

The proposed design guidelines for applying the criteria for review of certificates of appropriateness to the districts proposed for designation;

3.

The recommendation as to appropriate permitted uses, uses permitted on review, height and area regulations, sign regulations and parking regulations necessary or appropriate to the preservation of the district proposed or designation.

G.

The city manager or his designee shall officially notify the historical commission of all approvals or disapprovals of designation ordinances at the next regular meeting of the historical commission following city council action. The historical commission shall have the authority to effect the amendment or repeal of any designation of a site, structure, building, district, or monument in the same manner and according to the same procedures provided herein for the original designation.

(Ord. No. 13-39, § 1, 12-10-2013)

No building permit shall be issued by the city for alteration, construction, demolition or removal of any property or structure within a nominated historical district from the date of the meeting of the historical commission at which an application form is first presented until its final disposition by the city council unless such alteration, removal or demolition is authorized by formal resolution of the city council as necessary for public health, welfare or safety. In no event shall the delay be for more than one hundred eighty (180) days, except as provided in Section 18-10-1015.

(Ord. No. 13-39, § 1, 12-10-2013)

A.

A site, structure, building, district or monument may be designated for preservation as a landmark or historical district and thus may be included within the Historical Preservation Overlay District if such possesses the following attributes within the categories below:

1.

Historical, Cultural Category:

a.

Such 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; or

b.

Such is the site of a historical event with a significant effect upon the development, heritage or cultural characteristics of the locality, state, or nation; or

c.

Such exemplifies a facet of the cultural, political, economic, social or historical heritage of the community.

2.

Architectural, Engineering Category:

a.

Such portrays the environment in an era of history characterized by a distinctive architectural style; or

b.

Such embodies those distinguished characteristics of an architectural type or engineering specimen; or

c.

Such is the work of a designer or architect or contractor whose individual work has influenced the development of the community or of this nation; or

d.

Such contains elements of design, detail, materials or craftsmanship which represents a style unique to the past; or

e.

Such 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 a historical, cultural or architectural motif; or

f.

Such represents an established and familiar visual feature of the neighborhood, community or skyline owing to its unique location or singular physical characteristics.

3.

Archeological Category:

a.

Such has yielded, based upon physical evidence, information important to the history or pre-history; or

b.

Such is part of or related to a distinctive geographical area which should be developed or preserved according to a plan based on cultural, historic or architectural motif.

(Ord. No. 13-39, § 1, 12-10-2013)

A.

A certificate of appropriateness shall be required, with a specific time for starting and completion based on the extent of the job, in the following instances before the commencement of work upon any structure or site located within the HP Historical Preservation Overlay 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 of the construction or enlargement of a driveway or parking area.

3.

Whenever such work includes the construction, erection, moving, demolition, reconstruction, rehabilitation, restoration, stabilization 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.

The application for a certificate of appropriateness may be reviewed by the planning director, the subcommittee, or the historical commission, as appropriate, depending upon the nature and significance of the work contained therein. No building permit shall be issued by the building official for any structure or site located within the Historical Preservation Overlay District until a certificate of appropriateness has been approved.

C.

Administrative approval for a certificate of appropriateness may be granted by the planning director or authorized designee for repairs and replacement of building elements where, in the opinion of the planning director, it is clear that the work is in accordance with the regulations and guidelines of the overlay district. In all other cases the application shall be forwarded to the subcommittee for review. For applications reviewed administratively, the planning director may approve or disapprove the application or may elect to forward the application for review by the subcommittee. The following actions are eligible for administrative approval by the planning director:

1.

Roofing or reroofing of any structure with materials that are very similar in appearance and composition, regardless of color, provided the building is not structurally altered during the roofing or reroofing process;

2.

Erection of a portable storage building or similar accessory building no greater than two hundred (200) square feet in size and without a slab, footing, or other means of permanent attachment to the ground, provided that the location does not obstruct or otherwise detract from the view of the front facade. In the instance of corner lots, both street-facing facades shall be considered as front facades.

3.

Widening of a driveway with like materials not to exceed the maximum width allowed in the underlying zoning district;

4.

Installation of mechanical or electronic equipment, provided that the location does not obstruct or otherwise detract from the view of the front façade. In the instance of corner lots, both street-facing facades shall be considered as front facades;

5.

Erection of new or replacement fencing, provided it is located behind the front facade of the house. In the case of corner lots, both street-facing facades are considered front facades.

6.

Repair to or replacement of structural elements with identical or like materials;

7.

Other specific elements or modifications approved by the historical commission at their regular meetings, provided the element or modification conforms with the intent and purpose of the historic preservation overlay district ordinance.

D.

For applications reviewed by the subcommittee, the subcommittee may approve or disapprove the application or may elect to forward the application for review by the historical commission.

E.

When applying for a certificate of appropriateness, the applicant shall furnish two (2) copies of all detailed plans, elevations, perspectives and specifications to the planning director. The planning director shall determine if the application can be reviewed administratively or if such must be forwarded to the subcommittee within five (5) days of receipt thereof. Any applicant may request a meeting with the planning director or the subcommittee before submitting an application and may consult with the same during the review of the application.

F.

Upon review of the application, the reviewing body 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 reviewing body shall apply the criteria established by this article and based thereon shall approve or disapprove such certificate of appropriateness. If the planning director disapproves a certificate of appropriateness, the applicant may appeal to the subcommittee. Likewise, if the subcommittee disapproves a certificate of appropriateness, the applicant may appeal to the full body of the historical commission.

If the historical commission disapproves such a certificate of appropriateness, no permit shall be issued, and the applicant shall not proceed with the proposed work. However, any person aggrieved by a decision of the historical commission may file an appeal pursuant to Article 2 of this chapter.

G.

The historical 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 historical 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.

H.

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 Historical Preservation Overlay District. In the case of the disapproval of plans by said commission, said commission shall state in writing the reasons for such disapproval and may include suggestions of that commission in regard to actions the applicant might take to secure the approval of the historical commission as to the issuance of a certificate of appropriateness.

I.

With regard to the development of a property containing a designated archeological resource, a certificate of appropriateness shall be required prior to the issuance of the permit for which the applicant has applied. Further, archeological resources shall be protected pursuant to state and federal statutes.

J.

The historical commission, subcommittee, and/or planning director may approve a certificate of appropriateness subject to certain conditions. Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate, if any. It shall be the duty of the city manager or his designee 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, said official shall issue a stop work order.

1.

As part of the review of an application for a certificate of appropriateness, the reviewing body shall be guided by the following review criteria:

a.

The purpose and intent of this article.

b.

The degree to which the proposed work may destroy or alter all or part of a resource.

c.

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 resources and its setting, or that adversely affect the physical integrity of the resource.

d.

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.

e.

The compatibility of the proposed design to the significant characteristics of the resource, including, but not limited to, a consideration of a harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories, and workmanship.

K.

Upon completion of the project, the building official will issue a certificate of completion subject to terms and conditions of the certificate of appropriateness.

(Ord. No. 13-39, § 1, 12-10-2013)

A.

Certificates of economic hardship shall comply with the following provisions:

1.

Application. Where persons affected can show that they meet the standards of low-moderate income households, in accordance with US Department of Housing and Urban Development criteria, application on forms prescribed by the historical commission for certificate of economic hardship may be made by the owner or his agent who has been denied a certificate of appropriateness for any work specified in Section 18-10-1013 of this article.

2.

General Provisions and Procedures. The historical commission may require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application:

a.

An estimate of the cost of the proposed construction, alteration, demolition or removal and estimate of any additional cost that would be incurred to comply with the recommendations of the historical commission for changes necessary for the issuance of a certificate of appropriateness.

b.

A report from a licensed general contractor, licensed engineer, or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.

c.

The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the historical commission and, in the case of a proposed demolition, after renovation of the existing property for continued use.

d.

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility or rehabilitation or reuse of the existing structure on the property.

e.

If the property is income-producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

f.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.

g.

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.

h.

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years.

i.

Assessed values of the property according to the two most recent assessments.

3.

Public Hearing Required. After the application for certificate of economic hardship has been submitted, the historical commission shall hold a public hearing at which any person may testify concerning economic hardship.

4.

Determination of Economic Hardship. The historical commission shall review all the evidence and information required of any applicant for a certificate of economic hardship and make a determination within forty-five (45) days of receipt of the application whether the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. If the historical commission disapproves such a certificate of economic hardship, the applicant shall proceed with work only when issued a certificate of appropriateness as provided in Section 18-10-1013.

(Ord. No. 13-39, § 1, 12-10-2013)

A.

General Provisions. Except as provided in Section 18-10-1013 and as authorized by the city council by resolution, no structure or site within any Historical Preservation Overlay District shall be demolished or removed unless such demolition shall be approved by the planning director or the historical commission and a certificate of appropriateness for such demolition shall be granted and comply with the following:

1.

Procedure and Postponement Orders.

a.

The planning director shall review all applications for demolition permits within any Historical Preservation Overlay District. The planning director shall have the authority to approve a certificate of appropriateness for the demolition of accessory structures and fences. The historical commission shall have the authority to approve a certificate of appropriateness for the demolition of major structures. The historical commission shall hold a public hearing for the purpose for considering a certificate of appropriateness for demolition or removal of major structures. After such hearing, the historical commission may approve the certificate of appropriateness thereby authorizing the demolition, or the historical commission may deny the certificate of appropriateness and postpone the demolition or removal for a period not to exceed one hundred eighty (180) days.

b.

At the conclusion of such period of postponement as specified, the historical commission, within forty-five (45) days thereafter, shall hold a second public hearing for the purpose of considering whether or not the historical commission should recommend to the city council that additional postponement of demolition be ordered.

c.

In the event the historical 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.

d.

At 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 one hundred twenty (120) days from the date of such order. At the conclusion of this final period of postponement, the building official shall issue a permit approving the demolition.

2.

Criteria for Review of Demolition. The historical commission and city council shall be guided by the following criteria in considering certificates of appropriateness and authorizations for demolition of major structures or sites within the Historical Preservation Overlay District:

a.

The purposes and intent of this article.

b.

The degree to which the proposed removal of the historical resources would serve to destroy the integrity and continuity of the Historical Preservation Overlay District of which it is a part.

c.

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.

d.

The condition of the resource from the standpoint of structural integrity and the extent of work necessary to stabilize the structure.

e.

The alternatives available to the demolition applicant, including:

(1)

Donation of the subject structure or site to a public or benevolent agency.

(2)

Donation of a part of the value of the subject structure or site to a public or benevolent agency, including the conveyance of development rights and facade easements.

(3)

The possibility of sale of the structure or site, or any part thereof, to a prospective purchaser capable of preserving such structure or site.

(4)

The potential of such structure or site for renovation and its potential for continuing use.

(5)

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 of 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.

(Ord. No. 13-39, § 1, 12-10-2013)

A.

Minimum Maintenance. Designated landmarks, or structures, buildings, or monuments within Historical Preservation Overlay Districts shall be maintained to meet the minimum requirements of codes and ordinances governing the public health, safety and welfare. The historical commission may file a complaint with the city manager or his designee for enforcement of the appropriate codes to require correction of defects or initiation of repairs. All owners or occupants of a landmark, or structure, building or monument within a historical 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 Historical Preservation Overlay District shall be reviewed and considered by the historical commission prior to final action by the city planning commission, the traffic commission, the board of adjustment or the city council.

C.

Appeals. Any person aggrieved by a decision of the historical commission may file an appeal pursuant to Chapter 18, Article 2, of the Lawton City Code.

D.

Property Owned by Public Agencies. The requirements, provisions, and purposes of this article shall apply to all property owned by the city, political subdivision of the state, or any other public agency; provided, however, designation pursuant to this article shall not affect the validity of prior actions of the city council approving plans, programs, or authorizations for public trusts, agencies or authorities of the city without an express amendment of such plan, program or authority.

(Ord. No. 13-39, § 1, 12-10-2013)