The city hereby declares that the historical, architectural, cultural, and aesthetic features of the city represents some of the finest and most valuable resources of the city, and such resources are the embodiment of the heritage of the people of Perry. 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 value of such structures and the economic values of such districts.

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

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

   “Architectural resources” shall mean 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.

   “Certificate of appropriateness” shall mean the official document issued by the Historical Preservation Commission approving any application for permission to construct, erect, demolish, move, reconstruct, rehabilitate, restore, stabilize, or alter any structure within a historical district.

   “Commission” shall mean Historical Preservation Commission of the city.

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

   “Historical district” shall mean 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. There may be more than one historical district within the city's boundaries.

   “Historical resources” shall mean 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.

   “Landmark” shall mean 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.

   “Ordinary maintenance and repair” shall mean 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”.

   “Preservation” shall mean 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 the City of Perry, and further;

   (1)   “Adaptive use” shall mean 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.

   (2)   “Conservation” shall mean the sustained use and appearance of a resource essentially in its existing state.

   (3)   “Protection” shall mean maintaining the security and integrity as it exists through the establishment of the mechanisms of this article.

   (4)   “Reconstruction” shall mean 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.

   (5)   “Rehabilitation” shall mean 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.

   (6)   “Restoration” shall mean 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, utilizing current or new methods or materials.

   (7)   “Stabilization” shall mean 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.

   “Significant characteristics of historical or architectural resources” shall mean 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.

   (1)   “Building materials” shall mean 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.

   (2)   “Detail” shall mean the architectural aspects which, due to particular treatment, draw attention to certain parts or features of a structure.

   (3)   “Height” shall mean the vertical dimension of a given structure, building or monument.

   (4)   “Proportion” shall mean the relative physical sizes within and between buildings and building components.

   (5)   “Rhythm” shall mean 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.

   (6)   “Scale” shall mean the harmonious proportion of parts of a building, structure or monument to one another and to the human figure.

   (7)   “Setting” shall mean the surrounding buildings, structure or monuments or landscaping which provides visual aesthetic, or auditory quality to the historical or architectural resources.

   (8)   “Shape” shall mean the physical configuration of structures or buildings or monuments and their component parts including, but not limited to, roofs, doors, windows, and facades.

   (9)   “Street accessories” shall mean 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.

   “Structure” shall mean 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.

This article shall apply to all areas within the jurisdiction of the City of Perry hereinafter designated by the Perry City Council as a Historic Preservation District.

There is hereby created the Historical Preservation Commission of the city. Its members shall be appointed by the Mayor with the approval of the City Council. In making the appointments to the Commission, the Mayor shall attempt to maintain a balance of interests and skills on the Commission, by assessing the individual qualifications of the candidates, including but not limited to their knowledge or interest in any one or more of the following: architecture, history, landscape architecture, structural engineering, lending, finance and commerce. All members shall have knowledge of and interest in historical preservation and will have demonstrated their civic interest and knowledge of the history of the community. Such commission shall be composed of the following persons, all of whom shall be residents of the city, except as otherwise provided.

   (1)   One member shall be a registered architect, engineer, building contractor or licensed tradesman;

   (2)   One member shall be an owner of any building located within a designated district, whether a resident of the City of Perry or not;

   (3)   One member shall be a member of the Board of Directors or an employee of the Perry Main Street;

   (4)   One member shall be a licensed real estate broker/agent or auctioneer;

   (5)   One member shall be a member of the Planning Commission or member of the City Council.

The term of each Commission member shall be for three (3) years or until his or her successor takes office. Members may be appointed to fill the remainder of the vacant terms. All members of the Commission shall serve without compensation. Initially, two (2) members shall be appointed for one year, two (2) for two (2) years, and one for three (3) years. Any member of the Commission may be removed as a member of the Commission for any reason by a vote of a majority of all the members of the City Council.

The Commission shall be empowered to adopt rules for the conduct of its business. The Commission shall elect a chairman who shall serve for one (1) year and who shall be eligible for reelection. All meetings of the Commission shall be subject to the provisions of the Oklahoma Open Meeting Act. Any person, or his or her 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. No business of the Commission may be conducted unless a quorum of not less than three (3) members is present. The concurring vote of three (3) members is sufficient to approve or disapprove any act of action of the Commission. The City Clerk or designee 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.

Unless otherwise specified in this article, the duties of the Historical Preservation Commission include but may not be limited to the duty to:

   (1)   Prepare or cause to be prepared a comprehensive inventory of historical, architectural, and archeological resources within the city.

   (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 archeological 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 the acquisition of development rights, facade 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 archeological resources; and, when so directed by, the City Council may oversee historical projects or programs.

   (7)   Increase public awareness of the value of historic architectural or archeological resources by developing and participating in public information programs and by recommending the update of the preservation program and by the giving of advice to owners or residents of such resources as to the problems and techniques of preservation work; and further, by placing monuments and markers at historical sites as chosen by the commission.

   (8)   Comment and make recommendations concerning actions undertaken by other city agencies or actions of other governmental units with respect to the effect of such actions upon historical, architectural, and archeological resources.

   (9)   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 the City Council.

There is hereby created the “HP” Historical Preservation Zoning District.

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 or area. All provisions of this article, including the definitions contained therein, shall be applicable to this district.

Tracts, buildings, sites, or areas designated by the 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”.

The designating ordinance shall prescribe the significant exterior architectural features; the types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit 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.

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

Any use permitted in a residential, commercial, business, or industrial district while lying adjacent to or across the street from structures or areas falling within the “HP” Historical Preservation District shall be screened or designated, as appropriate so as to minimize its effect upon such structures or area. This required screening or design is specifically made applicable to all properties and uses whether coming into existence prior to the enactment date of this code or subsequently coming into existence.

   (a)   The city may designate landmarks for inclusion within a Historical Landmark District and/or may designate areas as a Historical Preservation District in the same manner prescribed for the designation of other zoning districts and subject to compliance with this article; however, all designations of tracts and sites for inclusion within the preservation district shall be reviewed and considered by the Historical Preservation Commission. Such Commission shall forward its recommendation regarding a proposed designation to the Planning Commission and City Council.

   (b)   The initiation of a proposal of designation may be made by the Commission, the City Council, the Planning Commission or on the application of any owner or owners of the parcels to be designated or their authorized agents. Any such application shall be made upon forms or pursuant to standards set by the commission for this purpose.

   (c)   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 the Planning Commission and in this code. As a part of such notice, the City Clerk or designee shall notify the owner or owners of record of affected properties by First Class United States mail. At the time of mailing of notice, the city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee, 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.

   (d)   The 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 designee, to report to the Commission as to the existence of such plans, programs, or authorizations 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 Commission shall state in written form to the Planning Commission and City Council 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 division. In addition, the 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, programs 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 district 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 for designation.

   (g)   The City Manager or designee shall officially notify the Commission of all approvals or disapprovals of designation ordinances at the next regular meeting of the commission following City Council action.

   (h)   The 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 procedure as provided herein for the original designation.

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 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 12-851.

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 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 distinguishing 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 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.

   (a)   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.

   (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)   No building permit shall be issued by the building official 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 approved by the Commission.

   (c)   When applying for such a permit, the applicant shall furnish two (2) copies of all detailed plans, elevations, perspectives and specifications and the City Manager or designee shall forward to the Commission such application for a building permit within five (5) 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.

   (d)   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 such a certificate of appropriateness, no permit shall be issued and the applicant shall not proceed with the proposed work.

   (e)   The Commission shall develop such guidelines as it may find necessary to supplement the provisions of this article and to inform owners, residents, and 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.

   (f)   It is not the intent of this article to limit new construction to any one (1) 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 as to the issuance of a certificate of appropriateness.

   (g)   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; and further, the following requirements shall be satisfied:

   (1)   Archeological 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.

   (2)   Any discovered materials shall be properly recorded, reported, stored, or exhibited according to the standards set by the state historical society.

   (3)   All development affecting the designated archeological resource shall provide for the permanent preservation of the resource or provide for the completion of the necessary work as recommended by the qualified archeologist.

   (4)   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 archeologist with respect to the resource under consideration and the application which would affect it.

   (h)   The commission 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 designee and the Code Enforcement Department 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 City Manager or designee shall issue a stop work order. The Commission may request by resolution that the City Manager or designee inspect the work and issue a stop work order.

   (i)   The Commission shall be guided by the following certificate review criteria:

   (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 a harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories, and workmanship.

   (1)   Application. Application on forms prescribed by the Commission for certificate of economic hardship may be made by an owner or his or her agent who has been denied a certificate of appropriateness for any work specified in Section 12-843.

   (2)   General provisions and procedures. The 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 an estimate of any additional cost that would be incurred to comply with the recommendations of the Preservation Commission for changes necessary for the issuance of a certificate of appropriateness.

   (b)   A report from a 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 preservation 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)   Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

   (f)   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.

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

   (h)   All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

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

   (j)   Assessed values of the property according to the two (2) most recent assessments.

   (3)   Public hearing required. After the application for certificate of economic hardship has been submitted, the Commission shall hold a public hearing at which any person may testify concerning economic hardship.

   (4)   Determination of economic hardship. The 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 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 12-843.

No structure or site within any “HP” Historical Preservation District shall be demolished or removed unless such demolition shall be approved by the Commission and a certificate of appropriateness for such demolition shall be granted.

   (a)   The Commission shall hold a public hearing for the purpose of considering a certificate of appropriateness for demolition or removal. After such hearing the Commission may approve the certificate of appropriateness thereby authorizing the demolition or the 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 Commission within forty-five (45) days thereafter shall 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.

   (c)   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.

   (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 City Manager or designee shall issue a permit approving the demolition.

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 resources would serve to destroy the integrity and continuity of the 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 a 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 development rights and facade 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 use.

   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.

   f.   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 section.

Designated landmarks, structures, buildings, or monuments within Historical Preservation Districts 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 officers requesting said officers to proceed under the appropriate codes to require correction of defects or initiation of repairs. All persons in charge of a landmark, or a structure, building, or monument within a historical district shall keep in good repair all the exterior portions of such resources, including appropriate landscaping.

All matters regarding property or sites situated within the 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 the City Council.

Any person aggrieved by a decision of the commission may appeal such decision to the City Council. Such an appeal shall be made in writing and filed in the Office of the City Clerk within ten (10) days of the date of the aggrieved decision. The City Council may affirm, overrule, or modify the decision of the commission. The City Council shall be guided by the review criteria specified in Section 12-843(i) of this article. Any person aggrieved by a decision of the City Council shall have such right of appeal as may be otherwise provided by law.

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.

The requirements, provisions, and purposes of this article shall apply to all property owned by the city 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.

The Commission may approve by-laws establishing rules and regulations necessary to further define and interpret the definitions as provided by Section 12-802 and other provisions contained in this article, which by-laws must be approved by the City Council.