HISTORIC PRESERVATION2
Editor's note—Ord. No. 2920, § 1, adopted July 3, 2023, amended Chapter 8 in its entirety to read as herein set out. Former chapter 8, §§ 800—850, pertained to similar subject matter.
The City of Sapulpa has previously established the Sapulpa Historic Preservation Commission.
(Ord. No. 2920, § 1, 7-3-2023)
Unless otherwise specified in this chapter, the Sapulpa Historic Preservation Commission shall have the following powers:
A.
To prepare, or cause to be prepared, a comprehensive inventory of historical, architectural and archeological resources within the City.
B.
To prepare, or cause to be prepared, a general historic preservation plan to be incorporated within the Sapulpa Downtown Master Plan.
C.
To prepare findings of fact relating to the recommendation for designation of historical, architectural, and archeological resources.
D.
To prepare findings of fact pursuant to action taken by the Commission relating to certificates of appropriateness.
E.
To recommend to the City Council the acquisition of development rights, façade, conservation, or preservation easements and the development of historic preservation plans.
F.
To recommend to the City Council the need for employing staff and making contracts with technical experts for the furtherance of the Commission's work.
G.
To promulgate rules governing the meetings of the Commission and the standards for materials presented to the Sapulpa Historic Preservation Commission.
H.
To increase public awareness of the value of historical, architectural, or archeological resources by developing and participating in public information programs, by recommending the update of the preservation program, 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 historic sites, as chosen by the Sapulpa Historic Preservation Commission.
I.
To keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings of facts, determinations, and decisions.
J.
To recommend to the City Council and/or Planning Commission historic designations, and amendments to this chapter and the City Zoning Code.
K.
To comment upon and provide recommendations to the City Council, Planning Commission, other City Boards, Committees and Commissions on actions of other governmental units with respect to the effect of such actions upon historic, architectural, and archeological resources.
L.
To investigate complaints, conduct hearings and recommend the commencement of actions to enforce the provisions of this section.
M.
To 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.
N.
To undertake any other functions imposed by this chapter, or which may be specified by the City Council.
A.
Membership. The Sapulpa Historic Preservation Commission shall consist of seven members, who shall reside in the City, and whom the Mayor, with the consent and approval of the City Council, shall appoint. Four members shall live within or own commercial property within a Historic Landmark or Historic Preservation District designated by the City, and three members may live in or outside the designated districts. No more than two members shall be from the same Historic Landmark or Historic Preservation District.
The Historic Preservation Commission shall include members with the following qualifications:
1.
One member shall be registered architects.
2.
One member shall be a licensed real estate professional.
3.
One member shall be a historian or urban planner.
4.
One member shall be an attorney.
All members shall have demonstrated experience in historic preservation, an interest in the historic traditions of the City, and have knowledge or demonstrated experience in the fields of history, architecture, architectural history, urban history, City planning, urban design, historic real estate development, or historic preservation.
B.
Officers. The Historic Preservation Commission shall elect a Chairperson and a Vice-Chairperson, both of whom who shall serve for one (1) year or until his/her successor takes office and shall be eligible for re-election.
C.
Compensation. All members of the Historic Preservation Commission shall serve without compensation.
D.
Term of office. The term of each member of the Historic Preservation Commission shall be three (3) years or until his/her successor takes office. No member shall serve more than three (3) consecutive terms. Members who have served three (3) consecutive terms may be reappointed after having rotated off the Commission for at least one (1) full three-year term.
E.
Removal of Members. Members of the Historic Preservation Commission may be removed by the Mayor for cause upon the filing of written charges and after a public hearing before the City Council for insufficiency, neglect of duty or malfeasance.
F.
Vacancies. Members may be appointed to fill the remainder of vacant terms by the Mayor, with the consent and approval of the City Council.
(Ord. No. 2920, § 1, 7-3-2023)
A.
Meetings. All meetings of the Historic Preservation Commission shall be held at the call of the Chairperson, or at the request of the majority of the members of the Historic Preservation Commission.
B.
PresidingOfficer. The Chairperson or, in his absence, the Acting Chairperson, shall preside over the meeting, administer oaths, and may request the attendance of witnesses.
C.
Attendance. Members of the Historic Preservation Commission are required to attend at least two-thirds (⅔) of the regularly scheduled Historic Preservation Commission meetings over a one (1) calendar year period. Failure to achieve this level of attendance shall result in the termination of the member's tenure with the Historic Preservation Commission and the Mayor may make an appointment to fill the vacancy. The Historic Preservation Commission Chairperson shall notify the Mayor when a deficiency in attendance has occurred.
D.
Quorum. Four (4) members of the Historic Preservation Commission shall constitute a quorum for the transaction of business unless there is a vacancy in the membership, in which case it shall be a majority of the active members and action taken at any meeting shall require the affirmative vote of a majority of the voting members of the Historic Preservation Commission.
E.
Open to public. All meetings of the Historic Preservation Commission shall be subject to the Oklahoma Open Meetings Act (25 O.S. § 301 et seq.). Any person, or his duly appointed representative, shall be entitled to appear and be heard on any matter before the Historic Preservation Commission.
F.
Rules. The Historic Preservation Commission shall adopt its own rules for the conduct of its business not in conflict with Oklahoma Statutes, the Sapulpa City Code and the Downtown Design Standards.
G.
Vote. Action taken at any meeting shall require the concurring vote of a majority of the members of the Historic Preservation Commission who are present at the meeting.
H.
Records. The Historic Preservation Commission shall keep a record of its proceedings, a copy of which shall be filed for public view in the office of the Planning Director.
I.
PlanningDirector'sRole. The Planning Director, or his/her designee, shall act as Historic Preservation Officer 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. The Director and the staff of the Planning Department shall assist the Historic Preservation Commission in discharging its duties.
J.
Hearings.
1.
All hearings before the Commission to consider and/or act upon an application for a certificate of appropriateness or other business shall be video-recorded in their entirety. Such video-recording shall be maintained by the Historic Preservation Officer for a period of not less than 60 days following the final decision of the Commission on the application.
2.
All persons wishing to appear as a witness before the Commission to give testimony in support of, or in opposition to, an application for a certificate of appropriateness shall first identify themselves by name and address on the record.
3.
The Chairperson of the Commission shall admit into evidence all exhibits offered by witnesses in support of, or in opposition to, an application for a certificate of appropriateness, which the Chairpersons determine to be authentic and reasonably material and relevant to the application. A copy of all exhibits submitted to the Commission whether or not admitted into evidence shall be numbered and marked sequentially by the Historic Preservation Officer and shall be retained as a part of the Commission's record in the case.
(Ord. No. 2920, § 1, 7-3-2023)
A.
Filing of complaints. Citizens may file formal written complaints with the Historic Preservation Officer concerning alleged violations of this chapter.
B.
Scheduling of hearing. Upon receipt by the Historic Preservation Commission of such a written complaint charging any property owner, resident or occupant of a Historic Landmark or Historic Preservation District with violation of any provision of this chapter, the Historic Preservation Commission may schedule a mediation hearing to consider such complaint.
C.
Notification. The Historic Preservation Officer shall promptly notify the complainant and the person, or persons, alleged to have committed the violation by registered or certified mail, return receipt requested, of the time and place of the hearing and the nature of the complaint, and invite the parties to appear and to be heard.
D.
Attendance. Attendance at such hearing shall be voluntary.
E.
Purpose. Such hearing shall be held for the purpose of mediating the dispute that is the subject of the filed complaint and for the further purpose of fostering compliance with this chapter.
F.
Timing. Nothing in this section shall be construed so as to require any person, including officers and employees of this City, to delay the filing of any complaint, information or other charging instrument, or to delay the prosecution of any action in law or equity, until the Historic Preservation Commission shall have considered a matter at a mediation hearing.
(Ord. No. 2920, § 1, 7-3-2023)
HISTORIC PRESERVATION2
Editor's note—Ord. No. 2920, § 1, adopted July 3, 2023, amended Chapter 8 in its entirety to read as herein set out. Former chapter 8, §§ 800—850, pertained to similar subject matter.
The City of Sapulpa has previously established the Sapulpa Historic Preservation Commission.
(Ord. No. 2920, § 1, 7-3-2023)
Unless otherwise specified in this chapter, the Sapulpa Historic Preservation Commission shall have the following powers:
A.
To prepare, or cause to be prepared, a comprehensive inventory of historical, architectural and archeological resources within the City.
B.
To prepare, or cause to be prepared, a general historic preservation plan to be incorporated within the Sapulpa Downtown Master Plan.
C.
To prepare findings of fact relating to the recommendation for designation of historical, architectural, and archeological resources.
D.
To prepare findings of fact pursuant to action taken by the Commission relating to certificates of appropriateness.
E.
To recommend to the City Council the acquisition of development rights, façade, conservation, or preservation easements and the development of historic preservation plans.
F.
To recommend to the City Council the need for employing staff and making contracts with technical experts for the furtherance of the Commission's work.
G.
To promulgate rules governing the meetings of the Commission and the standards for materials presented to the Sapulpa Historic Preservation Commission.
H.
To increase public awareness of the value of historical, architectural, or archeological resources by developing and participating in public information programs, by recommending the update of the preservation program, 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 historic sites, as chosen by the Sapulpa Historic Preservation Commission.
I.
To keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings of facts, determinations, and decisions.
J.
To recommend to the City Council and/or Planning Commission historic designations, and amendments to this chapter and the City Zoning Code.
K.
To comment upon and provide recommendations to the City Council, Planning Commission, other City Boards, Committees and Commissions on actions of other governmental units with respect to the effect of such actions upon historic, architectural, and archeological resources.
L.
To investigate complaints, conduct hearings and recommend the commencement of actions to enforce the provisions of this section.
M.
To 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.
N.
To undertake any other functions imposed by this chapter, or which may be specified by the City Council.
A.
Membership. The Sapulpa Historic Preservation Commission shall consist of seven members, who shall reside in the City, and whom the Mayor, with the consent and approval of the City Council, shall appoint. Four members shall live within or own commercial property within a Historic Landmark or Historic Preservation District designated by the City, and three members may live in or outside the designated districts. No more than two members shall be from the same Historic Landmark or Historic Preservation District.
The Historic Preservation Commission shall include members with the following qualifications:
1.
One member shall be registered architects.
2.
One member shall be a licensed real estate professional.
3.
One member shall be a historian or urban planner.
4.
One member shall be an attorney.
All members shall have demonstrated experience in historic preservation, an interest in the historic traditions of the City, and have knowledge or demonstrated experience in the fields of history, architecture, architectural history, urban history, City planning, urban design, historic real estate development, or historic preservation.
B.
Officers. The Historic Preservation Commission shall elect a Chairperson and a Vice-Chairperson, both of whom who shall serve for one (1) year or until his/her successor takes office and shall be eligible for re-election.
C.
Compensation. All members of the Historic Preservation Commission shall serve without compensation.
D.
Term of office. The term of each member of the Historic Preservation Commission shall be three (3) years or until his/her successor takes office. No member shall serve more than three (3) consecutive terms. Members who have served three (3) consecutive terms may be reappointed after having rotated off the Commission for at least one (1) full three-year term.
E.
Removal of Members. Members of the Historic Preservation Commission may be removed by the Mayor for cause upon the filing of written charges and after a public hearing before the City Council for insufficiency, neglect of duty or malfeasance.
F.
Vacancies. Members may be appointed to fill the remainder of vacant terms by the Mayor, with the consent and approval of the City Council.
(Ord. No. 2920, § 1, 7-3-2023)
A.
Meetings. All meetings of the Historic Preservation Commission shall be held at the call of the Chairperson, or at the request of the majority of the members of the Historic Preservation Commission.
B.
PresidingOfficer. The Chairperson or, in his absence, the Acting Chairperson, shall preside over the meeting, administer oaths, and may request the attendance of witnesses.
C.
Attendance. Members of the Historic Preservation Commission are required to attend at least two-thirds (⅔) of the regularly scheduled Historic Preservation Commission meetings over a one (1) calendar year period. Failure to achieve this level of attendance shall result in the termination of the member's tenure with the Historic Preservation Commission and the Mayor may make an appointment to fill the vacancy. The Historic Preservation Commission Chairperson shall notify the Mayor when a deficiency in attendance has occurred.
D.
Quorum. Four (4) members of the Historic Preservation Commission shall constitute a quorum for the transaction of business unless there is a vacancy in the membership, in which case it shall be a majority of the active members and action taken at any meeting shall require the affirmative vote of a majority of the voting members of the Historic Preservation Commission.
E.
Open to public. All meetings of the Historic Preservation Commission shall be subject to the Oklahoma Open Meetings Act (25 O.S. § 301 et seq.). Any person, or his duly appointed representative, shall be entitled to appear and be heard on any matter before the Historic Preservation Commission.
F.
Rules. The Historic Preservation Commission shall adopt its own rules for the conduct of its business not in conflict with Oklahoma Statutes, the Sapulpa City Code and the Downtown Design Standards.
G.
Vote. Action taken at any meeting shall require the concurring vote of a majority of the members of the Historic Preservation Commission who are present at the meeting.
H.
Records. The Historic Preservation Commission shall keep a record of its proceedings, a copy of which shall be filed for public view in the office of the Planning Director.
I.
PlanningDirector'sRole. The Planning Director, or his/her designee, shall act as Historic Preservation Officer 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. The Director and the staff of the Planning Department shall assist the Historic Preservation Commission in discharging its duties.
J.
Hearings.
1.
All hearings before the Commission to consider and/or act upon an application for a certificate of appropriateness or other business shall be video-recorded in their entirety. Such video-recording shall be maintained by the Historic Preservation Officer for a period of not less than 60 days following the final decision of the Commission on the application.
2.
All persons wishing to appear as a witness before the Commission to give testimony in support of, or in opposition to, an application for a certificate of appropriateness shall first identify themselves by name and address on the record.
3.
The Chairperson of the Commission shall admit into evidence all exhibits offered by witnesses in support of, or in opposition to, an application for a certificate of appropriateness, which the Chairpersons determine to be authentic and reasonably material and relevant to the application. A copy of all exhibits submitted to the Commission whether or not admitted into evidence shall be numbered and marked sequentially by the Historic Preservation Officer and shall be retained as a part of the Commission's record in the case.
(Ord. No. 2920, § 1, 7-3-2023)
A.
Filing of complaints. Citizens may file formal written complaints with the Historic Preservation Officer concerning alleged violations of this chapter.
B.
Scheduling of hearing. Upon receipt by the Historic Preservation Commission of such a written complaint charging any property owner, resident or occupant of a Historic Landmark or Historic Preservation District with violation of any provision of this chapter, the Historic Preservation Commission may schedule a mediation hearing to consider such complaint.
C.
Notification. The Historic Preservation Officer shall promptly notify the complainant and the person, or persons, alleged to have committed the violation by registered or certified mail, return receipt requested, of the time and place of the hearing and the nature of the complaint, and invite the parties to appear and to be heard.
D.
Attendance. Attendance at such hearing shall be voluntary.
E.
Purpose. Such hearing shall be held for the purpose of mediating the dispute that is the subject of the filed complaint and for the further purpose of fostering compliance with this chapter.
F.
Timing. Nothing in this section shall be construed so as to require any person, including officers and employees of this City, to delay the filing of any complaint, information or other charging instrument, or to delay the prosecution of any action in law or equity, until the Historic Preservation Commission shall have considered a matter at a mediation hearing.
(Ord. No. 2920, § 1, 7-3-2023)