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 1055. CERTIFICATE OF APPROPRIATENESS (COA)

  1. 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 Preservation Commission staff. The Preservation Commission staff shall not issue any permit in violation of this Chapter or inconsistent with a COA.

  2. Application and Documents Required

    An application for a COA shall be filed with the Preservation Commission staff upon forms established by the 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.

    An application for a COA shall be accompanied by at least two sets of plans of sufficient clarity and detail to show the nature of the work to be performed and the materials to be used. Such plans shall include:

    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 the existing and proposed materials to be used.
    4. Any other drawings, photographs, material brochures or samples, specifications, or information that may be necessary to determine and provide for compliance with this Chapter.


  3. 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 Preservation Commission shall review the application and shall consider:

    1. The degree to which the proposed work is consistent with the Design Guidelines which have been approved and adopted by the City Council.
    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.


  4. Applications Involving Demolition - Stay

    An application for demolition, if not approved, shall automatically be stayed for a period of sixty (60) days, unless the Preservation Commission determines that the building or structure is:

    1. 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 Preservation Commission shall consult with 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.

    Prior to the expiration of the sixty (60) day period, the Preservation Commission may request the City Council to extend the stay for a period not to exceed an additional sixty (60) days. The 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 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 desires 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 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.

  5. Action on COA - Time Limits

    If no action has been taken, due to lack of quorum or otherwise, on an application within thirty (30) days of application receipt, the COA shall be deemed approved, except in those cases where a continuance has been requested by the applicant.

  6. Appeal of Preservation Commission Action

    Appeal from any decision of the Preservation Commission concerning a COA, except in the case of demolitions, may be taken to the Board of Adjustment, in accordance with the procedures and provisions of Section 1605 of this title.

  7. COA Use - Time Limitation

    A COA which has not been utilized within two (2) years from the date issued, shall thereafter be void, provided that the Preservation Commission has not extended the time for utilization. For the purpose of this provision, utilization shall mean that the work authorized under a COA is being diligently carried to completion.

  8. 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 non-conforming 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 Preservation Commission may approve, approve with conditions, or deny a preliminary design or conceptual plan of the proposed work, provided however, that any such approval or approval with conditions shall be subject to the approval of the COA application.
    3. Approval of COA by Preservation Commission Staff: Preservation Commission staff may issue a COA when the proposed work is of a rehabilitative nature on an existing structure involving the replacement of existing materials with like materials, and such work complies with the design guidelines for the district. In addition, Preservation Commission staff may issue a COA for minor exterior alterations as authorized by the Preservation Commission, provided such work complies with design guidelines for the district. Minor exterior alterations shall include:
      1. Installation of storm windows and doors;
      2. Removal of non-historic materials, including but not limited to siding, storm windows and doors, awnings, shutters, retaining walls and fences; and removal of paint from historic masonry surfaces.