The purposes of this chapter are:

   A.   To promote the educational, cultural, economic and general welfare of the public through the conservation, preservation, protection and regulation of historic resources within the city of Okmulgee.

   B.   To safeguard the cultural, social, political and architectural heritage of the city by conserving, preserving and regulating one or more historic preservation districts.

   C.   To conserve, preserve and enhance the environmental quality and economic value of historic preservation districts.

   D.   To strengthen the city's economic base by promotion of conservation and reuse of the city's historic resources.

   E.   To promote the development of the community in accordance with the comprehensive plan and historic preservation plan. (Ord. 1953, 2010)

For the purpose of this chapter, the following terms shall have the meanings indicated in this section:

CERTIFICATE OF APPROPRIATENESS (COA): The official document issued by the preservation commission authorizing work within a historic preservation district.

DESIGN GUIDELINES: The criteria that shall be used to guide the preservation commission in review of an application for a certificate of appropriateness.

HISTORIC PRESERVATION DISTRICT: A supplemental zoning district consisting of a building, structure, or site, or an area containing buildings, structures, or sites that are significant historic resources.

HISTORIC RESOURCE: A building, structure, or site, or an area containing a concentration, linkage, or continuity of buildings, structures, or sites which are generally fifty (50) years or older and which contain one or more of the following attributes:

   A.   That has significant character, interest, or value as part of the historical development, history, or cultural heritage of the city, state, tribe or nation; or

   B.   That has significance as the site of a historic event in the past of the city, state, tribe or nation; or

   C.   That is associated with a person, or group of persons, who played a significant role in the historical development, history, and cultural heritage of the city, state, tribe or nation; or

   D.   That is the embodiment of distinguishing characteristics, designs, details, materials or craftsmanship which represent a historically significant architectural or engineering innovation, type, style or specimen; or

   E.   That portrays the environment in an era of history characterized by a distinctive architectural, engineering, or construction style; or

   F.   That represents a significant and distinguishable entity of historical importance even if the components may lack individual distinction; or

   G.   That has yielded and is likely to yield, information important in prehistory or history; or

   H.   That meets the criteria for listing on the national register of historic places or the state register of historic places.

PRESERVATION: The adaptive use, conservation, protection, reconstruction, rehabilitation, restoration, or stabilization of a historic resource.

   A.   Adaptive use: The restrained alteration of a historic resource to accommodate uses for which their source was not originally constructed, but in such a way so as to maintain the general historical and architectural character.

   B.   Conservation: The sustained appearance of a resource essentially in its existing state.

   C.   Protection: The security of a historic resource as it exists through the establishment of mechanisms of this chapter.

   D.   Reconstruction: The process of recreating or reproducing by new construction all or part of the form and detail of a vanished historic resource as it appeared at a specific period in time.

   E.   Rehabilitation: The process of recreating a historical 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 historic resource.

   F.   Restoration: The process of accurately recovering all or part of the form and detail of a historic 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.

   G.   Stabilization: The 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 historic resource.

SIGNIFICANT CHARACTERISTICS OF A HISTORIC RESOURCE: Those characteristics which are important to the historic resource by design or location, and include, but are not limited to, materials, detail, height orientation, proportion, rhythm, scale setback, setting, shape, and workmanship.

   A.   Materials: The physical elements of a building, structure, site, or area that creates an aesthetic and structural appearance of the resource, including characteristics such as texture, form, composition, and style.

   B.   Detail: Aspects of a building, structure, site or area which, due to particular treatment, draw attention to certain parts or features of the building, structure, site, or area.

   C.   Orientation: The position of a building, structure, site, or area relative to a particular point in which it is viewed or in relation to other fixed elements in the environment.

   D.   Proportion: The visible relationship and order established between buildings, structures, sites or areas, their individual parts to one another, as well as between the parts and the whole.

   E.   Rhythm: The regular pattern or harmonious recurrence of lines, shapes, or forms, such elements occurring within or between buildings, structures, sites or areas; including, but not limited to, windows, doors, roofs, porches, driveways, sidewalks, setbacks and heights.

   F.   Scale: The size of the parts of a building, structure, site or area in relationship to one another and to the human figure.

   G.   Setback: The location of a building or structure as it relates to the street and other buildings and structures around it.

   H.   Setting: The surrounding buildings, structures, landscaping and familiar features that provide a visual aesthetic or perceptual quality to historic resources.

   I.   Shape: The physical configuration of a building, structure, site or area, established by its form, surfaces, edges, height, width, and depth.

   J.   Workmanship: A level of quality exhibited in the construction, detailing, or design of a historic resource.

WORK: Any changes to an existing building, structure, or lot, or any portion thereof, including, but not limited to, the erection, construction, reconstruction, renovation, alteration, painting, removal, or demolition of a building, structure, or lot, irrespective of whether or not a building permit is required. (Ord. 1953, 2010)

   A.   Creation: There is hereby created an Okmulgee historic preservation commission, hereinafter also referred to as "preservation commission".

   B.   Composition: The historic preservation commission shall be a five (5) member commission composed of candidates, including, but not limited to, those with knowledge and interest in preservation related fields. These fields include architecture, history, archaeology, planning, design, landscape architecture, or law. All members shall have knowledge of, or interest in historical preservation and will have demonstrated their civic interest and knowledge of the history of the community of Okmulgee.

   C.   Appointments And Terms: The members shall be appointed by the city manager, with the approval of the mayor and council. The existing historic preservation commission shall be the initial members. Following the initial appointment, each subsequent appointment shall be for a term of three (3) years, and maintain a staggered cycle of appointments.

   D.   Vacancies: In the event of a vacancy in the membership of the historic preservation commission for any reason, an appointment shall be made in the same manner as regular appointments for the balance of the unfinished term.

   E.   Compensation: Members of the historic preservation commission shall serve without compensation.

   F.   Officers: The historic preservation commission shall annually elect from its appointed members a chairperson, vice chairperson and may select a secretary from among the city's staff. Vacancies shall be filled in similar manner as regular election.

   G.   Rules Of Procedure: The historic preservation commission shall make and adopt regulations for the conduct of its business.

   H.   Meetings: The historic preservation commission shall meet at least once a month for the purpose of transacting its business and duties as set forth in this chapter. All meetings, deliberation, records and voting of the preservation commission shall be subject to the Oklahoma open meetings act and open records act. The preservation commission shall keep minutes of its proceedings, showing the vote or abstention of each member upon all actions, and other official actions, all of which shall be filed in the clerk of the city of Okmulgee.

   I.   Quorum: Three (3) members of the preservation commission shall constitute a quorum for the transaction of business.

   J.   Minimum Vote: Issues shall be decided by a simple majority of votes by those members present.

   K.   Conflict Of Interest: Members of the preservation commission to whom some private benefit, directly or indirectly, may come as a result of a public action taken by the preservation commission, shall not be a participant in that action. The possibility, not actuality, of a conflict should govern. The individual experiencing a conflict of interest shall declare his interest, and abstain from voting on the matter. The individual should not discuss the matter with a fellow member or members of the city council or planning commission for the purpose of influencing a decision thereof.

   L.   Powers And Duties: Unless otherwise specified in this chapter, the preservation commission shall:

      1.   Prepare, or cause to be prepared, a comprehensive inventory of historical resources within the city of Okmulgee and update said inventory as deemed necessary.

      2.   Prepare, or cause to be prepared, proposed historic preservation zoning map amendments or other amendments to the Okmulgee historic preservation plan to be recommended to the planning commission for public hearing and adoption as part of the comprehensive plan for the city of Okmulgee.

      3.   Prepare findings relating to, and make recommendations on, zoning map amendments within any designated historic preservation area.

      4.   Promulgate design guidelines and substitute for use in addition to section 17.10.040 of this chapter, as desired and when appropriate. Design guidelines shall be used for the review and approval of applications for certificate of appropriateness and shall relate to the significant characteristics of the historic resource(s) being proposed for HP designation. The design guidelines shall provide for review and input of the property owner(s) or agents, and other parties directly affected by the proposed designation. Such design guidelines shall be subject to approval and adoption by the city council after a public hearing by the planning commission, and the historic preservation commission shall review and make recommendation on the guidelines planning commission.

      5.   Act upon applications for certificates of appropriateness.

      6.   Make recommendations to the city council concerning grants and programs from federal and state agencies, private groups and individuals and the utilization of budgetary appropriations to promote the preservation of historic resources in the city of Okmulgee; and to coordinate or oversee such programs and projects as may be assigned to them by the city council.

      7.   Recommend to the city council the need for employing staff and making contracts with professional and technical experts as may be required for the furtherance of preservation commission work.

      8.   Increase public awareness of the historic resources in the city of Okmulgee and disseminate information to the public concerning historic resources in the city of Okmulgee deemed worthy of preservation; and to provide notification to property owners within HP supplemental districts of information available on the preservation, conservation, protection, enhancement, perpetuation, and use of historic resources.

      9.   Recommend the placement of monuments, markers, or other identifying elements at locations of historical resources, as funds are available.

      10.   Coordinate, comment on and make recommendations to the appropriate body concerning actions undertaken by other city, state, and federal agencies with respect to the effect of such actions upon the historical resources in the city of Okmulgee.

      11.   Prepare, or cause to be prepared, studies and reports, and recommend or undertake other preservation related tasks as may be deemed appropriate.

      12.   In accordance with the goals and objectives set forth for neighborhood conservation in the comprehensive plan of the city of Okmulgee, prepare, or cause to be prepared programs and plans designed to implement neighborhood stabilization, revitalization, and conservation in those neighborhoods of the city of Okmulgee that are fifty (50) years or older which may lack significance according to the criteria in section 17.10.050 of this chapter, yet represent valuable resources to the city of Okmulgee.

      13.   Perform any other duties and functions imposed by this chapter or which may be specified by the city council. (Ord. 1953, 2010)

   A.   Every person in charge of an improvement on a historic site or in a historic district shall keep in good repair all of the exterior portions of such improvement and all interior portions which, if not so maintained, may cause, or tend to cause, the exterior portions of such improvements to fall into a state of disrepair. This section shall be in addition to all other provisions of law or local ordinance or code requiring buildings or structures to be well maintained.

   B.   The historic preservation commission shall utilize, hereafter, the secretary of the interior's standards for rehabilitation in the issuance of certificates of appropriateness, unless other design guidelines are promulgated and adopted for the specific overlay zone. The standards are as follows:

      1.   Reasonable efforts shall be made to allow a compatible use for a property that requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

      2.   The distinguishing original qualities or character of a building, structure, site and its environment should not be destroyed; the removal or alteration of any historic material or distinctive architectural features should be avoided, when possible.

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

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

      5.   Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.

      6.   Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match 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, substantiated by historic physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

      7.   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 shall not be undertaken.

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

      9.   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.

      10.   Wherever possible, new additions or alterations to structures 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 structure would be unimpaired. (Ord. 1953, 2010)

   A.   General Provisions: Property located within a historic preservation district is a supplemental zoning district having the designation HP in addition to the designation of the underlying zoning.

   B.   Permitted Uses: Property located within a historic preservation district may be used for the purposes permitted within the general zoning district in which located. Provided that no use unit 18 uses shall be allowed other than the sale of new and used passenger automobile vehicles and pickup trucks.

   C.   Historic Preservation District Regulations And Exemptions: Within a historic preservation district, work shall not commence unless a certificate of appropriateness has been first issued; provided however, that work related to the following shall not require a certificate of appropriateness:

      1.   Ordinary maintenance and repair which shall include the removal, installation, or replacement of guttering; the removal or replacement of roof covering with like material; and the application of any paint color to nonmasonry surfaces.

      2.   Interior of buildings and structures.

      3.   Portions or parts of buildings, structures, or sites not visible from adjoining streets.

      4.   Accessory structures or buildings in side or rear yards, such as storage sheds, garages, decks, patios, fencing, swimming pools and pool houses that are not part of the primary structure.

      5.   Installation of radio or television antenna.

      6.   General landscape maintenance and planting of new organic materials.

      7.   Work required for temporary stabilization of a building or structure due to damage. (Ord. 1953, 2010)

   A.   General: The city of Okmulgee may establish, amend or repeal an HP historic preservation zoning district according to the following criteria and procedures, provided however, design guidelines for a proposed HP zoning district shall be adopted prior to or concurrent with the mapping of an HP zoning district.

   B.   Criteria For Historic Preservation District Zoning Map Amendments: A building, structure, site or area containing buildings, structures, or sites which are generally fifty (50) years or older, may be zoned HP if it is or contains a historic resource.

   C.   HP Zoning Map Amendments Initiated By Application: Amendments by application may be initiated in the following manner:

      1.   Any person, corporation, partnership, association, or any combination thereof having a legal and equitable interest in or to real property may file an application for an HP zoning classification on such property.

      2.   An application shall include, in addition to those items contained in section 17.15.040 of this title, information descriptive of the building, structure, site or area and its relationship to the historical development, history, or cultural heritage of the city of Okmulgee, a statement of the criteria felt to have been met as set forth in this chapter, and may include photographs, publications about the subject building, structure, site, or area, and any information deemed worthy for proper consideration. Such information and application shall be upon forms established by the historic preservation commission and the planning commission.

   D.   HP Amendments Initiated By Planning Commission: The planning commission, upon its own motion or on the written request of any person or the preservation commission or at the direction of the city council, may hold a public hearing, giving notice thereof, of proposed map amendment. After holding the public hearing, the planning commission shall within fifteen (15) days transmit its report and recommendation to both the city council and the historic preservation commission.

   E.   Preservation Commission Action On HP Zoning Map Amendments: The preservation commission shall prepare, or cause to be prepared, a report and recommendation concerning a proposed HP zoning map amendment. The report and recommendation shall include specific findings as to whether the proposed amendment is consistent with the criteria for designation as set forth in this chapter. A map shall be prepared showing the boundaries of the proposed map amendment, including all lots therein, and identifying those properties whose owners may have indicated support or opposition to such amendment. Property owners may indicate their support or opposition at informal informational meetings, at public hearings, or in writing to the preservation commission or planning commission. The report, recommendation, map and other pertinent information shall be forwarded to the planning commission prior to the public hearing.

   F.   Notice Required On HP Zoning Map Amendments: The planning commission shall give notice of public hearing on any proposed HP zoning changes in the same manner as other proposed zoning changes.

   G.   Planning Commission Action On HP Zoning Map Amendments: After notice and public hearing, the planning commission shall vote to:

      1.   Recommend to the city council that the application be approved as submitted, or as amended, or

      2.   Be approved subject to modification; or

      3.   Recommended to the city council that the application be denied.

An application recommended for approval, or approval subject to modification shall be transmitted with the report and recommendation of the planning commission and the preservation commission to the city council within fifteen (15) days from the date of planning commission action.

An application recommended for denial shall not be considered further, unless the applicant within fifteen (15) days from the date of the planning commission's action files a written request with the city clerk for a hearing by the city council. The request for hearing shall be accompanied by the payment of the prescribed fee. Upon notice of such request, the planning commission shall forthwith transmit the application and its report and recommendation including all material and minutes received from the preservation commission, to the city council.

In the event the planning commission arrives at a tie vote, the application shall be transmitted with a report and notation of the tie vote, to the city council within fifteen (15) days from the date of the planning commission action.

   H.   Appeal By Preservation Commission: The preservation commission may appeal the denial of an amendment by the planning commission by following the procedures set forth in subsection G of this section.

   I.   City Council Action On HP Zoning Map Amendments: The city council shall hold a hearing on each application transmitted from the planning commission. The city council shall approve the application as submitted, or approve the application subject to modification, or deny the application. Prior to the hearing on the proposed rezoning ordinance before the city council, the applicant shall remit to the office of the city clerk a prescribed publication fee.

   J.   Recording Of HP Zoning Map Amendments: The preservation commission should file or cause to be filed, a copy of the HP zoning map amendment ordinance and map in the office of the county clerk. (Ord. 1953, 2010)

   A.   General Provisions: The preservation commission shall review applications for a certificate of appropriateness (hereinafter designated as “COA”) and may approve, approve with conditions, or deny the same in accordance with the provisions of this chapter and the design guidelines.

The preservation commission shall transmit a copy of the COA along with a set of approved plans to the community development department. The community development department shall not issue any permit in violation of this chapter or inconsistent with a COA.

   B.   Application and Documents Required: An application for a COA shall be filed, along with a fee of ($25) twenty-five dollars, with the community development department upon forms established by the historic preservation commission. An application shall contain a general description of the proposed work, its location, its relationship to the structure and other additional information as required by the preservation commission.

      1.   A site plan, if applicable, showing the location of new and existing structures on the site and their location with respect to the building line, property lines and in the case of new construction, the location of the new building or structure with respect to the front of those buildings or structures immediately adjacent to each side of the lot to be built upon.

      2.   A floor plan, if applicable, identifying the location and limits of the proposed work.

      3.   Facade elevation(s), if applicable, of the proposed work, in sufficient detail to identify the limits and location of the proposed work, and existing and proposed materials to be used.

      4.   Any other drawing, photographs, material brochures or samples, specifications, or information that may be necessary to determine compliance with this chapter.

   C.   Historic Preservation Commission Action: The preservation commission in its review of COA applications shall utilize the design guidelines to measure the appropriateness or inappropriateness of the proposed work and shall, to the highest extent possible, strive to affect a fair balance between the purposes and intent of this chapter and the desires and needs of the property owner.

In addition, the historic preservation commission shall review the application and shall consider:

      1.   The degree to which the proposed work is consistent with the design guidelines.

      2.   The degree to which the proposed work would destroy or alter all or part of the historic resource.

      3.   The degree to which the proposed work would serve to isolate the historic resource from its surroundings, or introduce visual elements that are out of character with the historic resource and its setting, or that would adversely affect the physical integrity of the resource.

      4.   The degree to which the proposed work is compatible with the significant characteristics of the historic resource.

      5.   The purposes and intent of this chapter.

      D.   Applications Involving Demolition; Stay: An application for demolition, if not approved, shall automatically be stayed for a period of sixty (60) days, unless the historic preservation commission determines:

      1.   That the building or structure is imminently dangerous to life and property; or

      2.   That the building or structure does not contribute significantly to the district; or

      3.   That the building or structure cannot be preserved.

During this period the historic preservation commission shall consult the property owner and other interested parties to find alternatives to demolition. Should alternatives suitable to the property owner not be found, the COA for demolition shall automatically be approved and issued upon termination of the stay period, unless the stay is extended or litigation commenced.

Prior to the expiration of the sixty (60) day period, the historic preservation commission may request the city council to extend the stay for a period not to exceed an additional sixty (60) days. The historic preservation commission shall, by mail, notify the property owner of such request and the date for public hearing. The city council shall consider whether:

      1.   The historic preservation commission has presented reasonable alternatives that would preserve the structure; or

      2.   Suitable alternatives have been found and further time is required to finalize arrangements for achieving such alternatives; or

      3.   The property owner requests further time to search for or continue action on available alternatives.

After notice and public hearing, the city council shall vote to approve, approve with conditions or deny such request to extend the stay period for an additional sixty (60) days. Denial of a stay extension shall constitute automatic approval and issuance of a COA for demolition.

During any period of the stay of demolition the property owner may use the property in question in any legal manner, except that no action shall be taken that would place the property in danger of damage or destruction.

   E.   Action On COA; Time Limits: If no action has been taken, due to lack of quorum or otherwise, on an application within forty five (45) days of application receipt, the COA shall be deemed approved, except in those cases where a continuance has been requested by the applicant.

   F.   Appeal Of Historic Preservation Commission Action: Appeal from any decision of the historic preservation commission concerning a COA may be taken to the city council.

   G.   COA Use; Time Limitation: A COA that has not been utilized within two (2) years from the date issued shall thereafter be void, unless the historic preservation commission has extended the time for utilization. For the purpose of this provision, utilization shall mean that the work authorized under a COA has begun and is being diligently carried to completion.

   H.   Additional COA Provisions:

      1.   Nonconforming Work: Work initiated and being diligently carried to completion or work completed on any building, structure, site, or area prior to the designation as HP shall be deemed nonconforming and may continue or remain without the necessity of complying with this chapter.

Nonconforming work completed subsequent to designation of a building, structure, site or area as HP by a previous owner of the property shall be permitted to remain without the necessity of complying with the provisions of this chapter.

      2.   Preliminary Design Or Conceptual Plan Review: The historic preservation commission may approve, approve with conditions, or deny a preliminary design or conceptual plan of the proposed work, provided however, that any such preliminary approval or approval with conditions shall be subject to the final approval of the COA application.

      3.   Approval Of COA By Preservation Commission Staff: When such work is: a) of a rehabilitative nature on an existing structure or building, and b) does not include new construction or alteration, and c) involves only replacement of existing elements with like materials, and d) work complies with the guidelines for such work, and e) such work will have no material effect on the building or structure, then the historic preservation commission staff may issue a COA, noting “no material effect” and transmit the application to protective inspections for issuance. (Ord. 2181 § 1, 2022: Ord. 1953, 2010)

Nothing in this chapter shall be construed as a reason for an increased evaluation of property for purposes of ad valorem taxation because of a historical designation. (Ord. 1953, 2010)