A.

Composition. The board of adjustment must consist of five (5) members.

B.

Appointments. Board of adjustment members must be appointed by the mayor and confirmed by the city council.

C.

Terms. Members of the board of adjustment serve three-year terms.

D.

Vacancies. In the event of a vacancy occurring in the membership of the board of adjustment for any reason, an appointment for the remainder of the vacant term must be made in the same manner as regular appointments.

E.

Removal. A board of adjustment member may be removed for cause by the city council after notice, written charges and public hearing.

F.

Compensation. Members of the board of adjustment serve without compensation.

G.

Officers. The board of adjustment must elect a chairperson, vice chairperson and secretary.

H.

Rules of Procedure. The board of adjustment must adopt rules necessary for the conduct of its affairs.

I.

Meetings. Meetings are held at the call of the chairperson and at other times as the board of adjustment may determine. The chairperson, or in the chairperson's absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings of the board of adjustment must be conducted in compliance with the Oklahoma Open Meeting Act. The board of adjustment must keep records of its proceedings and official actions, all of which must be open to the public in compliance with the Oklahoma Open Records Act. Except as stated in Subsection 70.010K., the board of adjustment must decide all matters within ninety (90) days after the filing of a complete application.

J.

Powers and Duties. The board of adjustment has the powers and duties that are expressly identified in this zoning code, including hearing and acting on applications for variances, special exceptions, land use spacing verifications and appeals of administrative decisions.

K.

Appeals to District Court.

1.

Procedure.

a.

An appeal from any action, decision, ruling, judgment, or order of the board of adjustment may be taken by any person or persons who were entitled, pursuant to any provision of this zoning code, to mailed notice of the public hearing before the board of adjustment, by any person or persons whose property interests are directly affected by such action decision, ruling, judgment or order of the board of adjustment, or by the city council to the District Court of Tulsa County by filing with the city clerk and with the clerk of the board of adjustment within ten (10) days of the date of such action, a notice of appeal that specifies the grounds for the appeal. No bond or deposit for costs is required for such an appeal.

b.

Upon filing of the notice of appeal, the board of adjustment must transmit to the clerk of the Tulsa County District Court, the original or certified copies of all papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.

c.

The appeal is heard and tried de novo in the District Court of Tulsa County. An appeal from the action of the District Court may be taken as in all other civil actions. All issues in any proceedings under this section have preference over all other civil actions and proceedings.

d.

Costs are not allowed against the board of adjustment unless the court finds that the board of adjustment, in making its decision, acted with gross negligence, in bad faith or with malice.

2.

Stay of Proceedings. During the pendency of such an appeal, the effectiveness of a decision of the board of adjustment shall not be suspended unless a party applies to the district court for a stay pending the district court's determination of the merits of the appeal and the district court issues the stay. Stays in appeals from the board of adjustment to the district court shall be obtained only as set forth in Title 11 Oklahoma Statutes Section 44-110.

A.

Composition. Members of the preservation commission must have a demonstrated interest in historic preservation, as required by the Oklahoma State Historic Preservation Office, to maintain certified local government status with the National Park Service. The preservation commission must be composed of eleven (11) members appointed to positions as "professional members," "historic property owner members" and "allied commission members." The composition and qualifications of each class of members are as follows:

1.

Professional Members. The professional membership of the preservation commission must be composed of five (5) members as follows:

a.

One member must be a licensed architect;

b.

One member must be a licensed landscape architect;

c.

One member must be a developer or builder;

d.

One member must be a licensed real estate broker; and

e.

One member must be an architectural historian or historian.

2.

Historic Property Owner Members. The historic property owner membership of the preservation commission must be composed of four (4) members, each of whom must own an individual National Register-listed property or a property within a National Register-listed or eligible historic district. For a district to be considered eligible, it must be identified as eligible for National Register listing in the Tulsa Historic Preservation Resource Guide and agreed to by the Oklahoma State Historic Preservation Office. At least three (3) of the four (4) historic property owner members must reside in their historic property, or within their listed or eligible historic district, and at least one of the historic property owner members must reside within an HP district.

3.

Allied commission members. The allied commission membership must be composed of two (2) members, one of whom must be a member of the arts commission and one of whom must be a member of the planning commission.

B.

Appointments. Professional members and historic property owner members of the preservation commission must be appointed by the mayor and confirmed by the city council. Allied commission members must be appointed by their respective commissions to serve on the preservation commission.

C.

Terms.

1.

Length of terms. The terms of office of all members of the preservation commission, except allied commission members, will be three (3) years. Allied commission members serve terms on the preservation commission commensurate with the terms of office served on their respective commissions, without any of the limitations on terms provided in this paragraph. Regardless of the expiration of any term of office, except in the event of death, resignation, or removal from office, all members of the preservation commission must continue to serve until their successor is duly appointed by the mayor.

2.

Limitation of terms. No member of the preservation commission may serve more than three (3) consecutive terms of office on the preservation commission. Partial terms of office served by a member are not included in this limitation. After any member has served three (3) consecutive terms of office, that member is not eligible for reappointment to serve on the preservation commission until after that person has ceased to be a member of the preservation commission for at least one calendar year. The limitation provided in this paragraph does not apply to allied commission members.

D.

Vacancies. In the event of a vacancy occurring in the membership of the preservation commission for any reason, an appointment for the remainder of the vacant term of office must be made in the same manner as regular appointments.

E.

Compensation. Members of the preservation commission serve without compensation.

F.

Officers. The preservation commission must annually elect from its members a chairperson, vice chairperson and secretary. Vacancies of officer positions must be filled in the same manner as regular election.

G.

Rules of Procedure. The preservation commission must adopt rules necessary for the conduct of its affairs.

H.

Meetings. The preservation commission must meet at least once a month for the purpose of transacting its business and duties. All meetings of the preservation commission must be conducted in compliance with the Oklahoma Open Meeting Act. The preservation commission must keep records of its proceedings and official actions, all of which must be open to the public in compliance with the Oklahoma Open Records Act.

I.

Quorum. A simple majority of the entire membership of the preservation commission, regardless of vacancies, constitutes a quorum for the transaction of business.

J.

Minimum vote. Issues must be decided by at least a simple majority vote of a quorum.

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, should not be a participant in that action. The possibility, not actuality, of a conflict should govern. The individual experiencing a conflict of interest must declare their interest, and abstain from voting on the matter. The individual may not discuss the matter with a fellow member or a member of the city council or planning commission for the purpose of influencing a decision on the action.

L.

Staff. The Tulsa Planning Office, or such other department, division or section as directed by the mayor, must provide staff to the preservation commission to assist in the performance of its duties.

M.

Powers and duties. The powers and duties of the preservation commission are as follows:

1.

Prepare, or cause to be prepared, a comprehensive inventory of historic resources within the City of Tulsa and update the inventory as deemed necessary.

2.

Prepare, or cause to be prepared, proposed HP zoning map amendments and amendments to the historic preservation plan.

3.

Prepare reports and recommendations on HP zoning map amendments in accordance with Section 70.060.

4.

Promulgate design guidelines as necessary for the review and approval of applications for HP permits and inform residents, property owners, and the general public of those guidelines. Design guidelines must relate to the significant characteristics of the historic resources being proposed for HP zoning. Design guidelines must be developed by the preservation commission and include the input of property owners and other parties directly affected by proposed HP zoning. Design guidelines are subject to approval and adoption by the city council, after a public hearing by the planning commission, and the recommendation of the preservation commission and planning commission.

5.

Act upon applications for HP permits and perform other duties as set forth in Section 70.070.

6.

Make recommendations to the mayor and 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.

7.

Coordinate and oversee such programs and projects as may be directed by the mayor or the city council.

8.

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

9.

Increase public awareness of the historic resources and disseminate information to the public concerning historic resources in the city deemed worthy of preservation. Provide notification, as effectively as possible, to property owners within HP zoning districts of the rights and responsibilities associated with HP zoning of their properties. Advise and disseminate information to property owners on the preservation, conservation, protection, enhancement, perpetuation, and use of historic resources.

10.

Place, or cause to be placed, monuments, markers, or other identifying elements at locations of historic resources as funds are available.

11.

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 historic resources in the City of Tulsa.

12.

Consider methods other than those provided for in this zoning code for encouraging and achieving preservation of historic resources in the City of Tulsa and make appropriate recommendations to the mayor, the city council and to other bodies and agencies, public and private.

13.

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

14.

Prepare, or cause to be prepared, in accordance with the goals and objectives set forth for neighborhood conservation in the comprehensive plan, programs and plans designed to implement neighborhood stabilization, revitalization, and conservation in those neighborhoods that are fifty (50) years or older which may not qualify for historic or HP zoning designation, yet represent valuable resources to the City of Tulsa and its citizens.

15.

Perform any other duties and functions imposed by this zoning code or which may be specified by the mayor and city council.

(Ord. No. 25055, § 11, 5-24-2023)