Historic Preservation Ordinance

CHAPTER 10A - HISTORIC PRESERVATION

Table of Contents
1050.Purposes
1051.Definitions
1052.Tulsa Preservation Commission
1053.Historic Preservation District Provisions
1054.Historic Preservation District - Zoning Map Amendments
1055.Certificate of Appropriateness

SECTION 1052. TULSA PRESERVATION COMMISSION

  1. Creation

    There is hereby created a Tulsa Preservation Commission, hereinafter referred to as “Preservation Commission”.

  2. Composition

    Members of the Preservation Commission shall 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 shall be composed of nine (9) voting members and two (2) non-voting, ex officio members appointed to positions within the following three (3) classifications: Professional members, Historic Property Owner members, and Ex Officio members. The composition and qualifications of each class shall be as follows:

    1. The Professional membership shall be composed of five (5) voting members as follows: One (1) member shall be a Licensed Architect, one (1) member shall be a Licensed Landscape Architect, one (1) member shall be a Developer or Builder, one (1) shall be a Licensed Real Estate Broker, one (1) member shall be an Architectural Historian or Historian
    2. The Historic Property Owner membership shall be composed of four (4) members as follows: Historic Property Owner members shall own an individually 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 2010 Tulsa Historic Preservation Resource Guide, as amended from time to time, and agreed upon by the Oklahoma State Historic Preservation Office. At least three (3) of the four (4) Historic Property Owner members shall reside in their historic property, or within their listed or eligible historic district and at least one (1) of the four (4) Historic Property Owner members shall reside within a Historic preservation (HP) Zoning District.
    3. The non-voting Ex Officio membership shall be composed of two (2) members as follows: A member of the Arts Commission and a member of the Planning Commission.


  3. Appointments

    Professional members and Historic Property Owner members of the Preservation Commission shall be appointed by the Mayor, subject to confirmation by the City Council. Ex Officio members shall be appointed by their respective commissions to serve on the Preservation Commission.

  4. Terms

    1. Length of Terms. Effective October 1, 2011, the terms of office of all members of the Preservation Commission, except Ex Officio members, shall expire and the terms of office of all subsequently appointed members shall be three (3) years, except that effective October 1, 2011 the terms of office of the members shall be staggered as follows: two (2) Professional members and one (1) Historic Property Owner member shall serve a one (1) year term of office, two (2) Professional Group members and one (1) Historic Property Owner member shall serve a two (2) year term of office, and one (1) Professional member and two (2) Historic Property Owner members shall serve a three (3) year term of office. Ex Officio members shall serve terms on the Preservation Commission commensurate with their terms of office served on their respective commissions, without any limitation 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 shall continue to serve until their successor is duly appointed, qualified and confirmed by the City Council.
    2. Limitation of Terms. No member of the Preservation Commission shall serve more than three (3) consecutive terms of office on the Preservation Commission. Partial terms of office served by a member shall not be included in this limitation. After any member has served three (3) consecutive terms of office, that member shall not be 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 (1) calendar year. The limitation provided in this paragraph shall not be applicable to Ex Officio members and terms served by a member prior to October 1, 2011.


  5. 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 shall be made in the same manner as regular appointments.

  6. Compensation

    Members of the Preservation Commission shall serve without compensation.

  7. Chairman, Vice-Chairman, and Secretary

    The Preservation Commission shall annually elect from its appointed members a Chairman, Vice-Chairman and Secretary. Vacancies shall be filled in similar manner as regular election.

  8. Rules of Procedure

    The Preservation Commission shall make and adopt regulations for the conduct of its business.

  9. Meetings

    The 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 of the Preservation Commission shall be conducted in compliance with the Oklahoma Open Meeting Act. The Preservation Commission shall keep records of its examinations and other official actions, all of which shall be open to the public in compliance with the Oklahoma Open Records Act.

  10. Quorum

    A simple majority of the entire voting membership of the Preservation Commission, as provided in this section, regardless of vacancies, shall constitute a quorum for the transaction of business.

  11. Minimum Vote

    Issues shall be decided by a simple majority of votes by those members present.

  12. 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 shall declare his interest, and abstain from voting on the matter. The individual should 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.

  13. Staff

    The Planning Department, or such other department, division or section as directed by the Mayor, shall provide staff to the Preservation Commission to assist in the performance of its duties.

  14. Powers and Duties

    Unless otherwise specified in this Chapter, the duties of the Preservation Commission shall be to:

    1. Prepare, or cause to be prepared, a comprehensive inventory of historic resources within the City of Tulsa 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 Tulsa 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 Tulsa.
    3. Prepare findings relating to, and make recommendations on, Zoning Map Amendments as set forth in Section 1054 of this Chapter.
    4. Promulgate Design Guidelines as are necessary for the review and approval of applications for Certificate of Appropriateness and to inform residents, property owners, and the general public of those Guidelines. Design Guidelines shall relate to the significant characteristics of the historic resource(s) being proposed for “HP” designation. Design Guidelines shall be developed by the Preservation Commission and shall include review and input of the property owner(s) or agents, and other parties directly affected by the proposed designation. Design Guidelines shall be subject to approval and adoption by the City Council, upon the holding of a public hearing by the Planning Commission, and the recommendation of the Preservation Commission and Planning Commission.
    5. Act upon applications for Certificates of Appropriateness and perform other duties as set forth in Section 1055 of this chapter.
    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 of Tulsa. Coordinate and oversee such programs and projects as may be directed by the Mayor or the City Council.
    7. 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.
    8. Increase public awareness of the historic resources in the City of Tulsa and disseminate information to the public concerning historic resources in the City of Tulsa deemed worthy of preservation. Provide notification, as effectively as possible, to property owners within HP Zoning Districts of designation and requirements of such designation. Advise and disseminate information to property owners on the preservation, conservation, protection, enhancement, perpetuation, and use of historic resources.
    9. Place, or cause to be placed, monuments, markers, or other identifying elements at locations of historic 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 historic resources in the City of Tulsa.
    11. Consider methods other than those provided for in this Chapter 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, both public and private.
    12. Prepare, or cause to be prepared, studies and reports, and undertake other preservation related tasks as may be deemed appropriate.
    13. Prepare, or cause to be prepared, in accordance with the goals and objectives set forth for neighborhood conservation in the Comprehensive Plan of the Tulsa Metropolitan Area, programs and plans designed to implement neighborhood stabilization, revitalization, and conservation in those neighborhoods of the City of Tulsa that are fifty (50) years or older which may lack significance according to the criteria in Section 1054, yet represent valuable resources to the City of Tulsa.
    14. Perform any other duties and functions imposed by this Chapter or which may be specified by both the City Council and the Mayor.