A. General: The city of Okmulgee may establish, amend or repeal an HP historic preservation zoning district according to the following criteria and procedures, provided however, design guidelines for a proposed HP zoning district shall be adopted prior to or concurrent with the mapping of an HP zoning district.
B. Criteria For Historic Preservation District Zoning Map Amendments: A building, structure, site or area containing buildings, structures, or sites which are generally fifty (50) years or older, may be zoned HP if it is or contains a historic resource.
C. HP Zoning Map Amendments Initiated By Application: Amendments by application may be initiated in the following manner:
1. Any person, corporation, partnership, association, or any combination thereof having a legal and equitable interest in or to real property may file an application for an HP zoning classification on such property.
2. An application shall include, in addition to those items contained in section 17.15.040 of this title, information descriptive of the building, structure, site or area and its relationship to the historical development, history, or cultural heritage of the city of Okmulgee, a statement of the criteria felt to have been met as set forth in this chapter, and may include photographs, publications about the subject building, structure, site, or area, and any information deemed worthy for proper consideration. Such information and application shall be upon forms established by the historic preservation commission and the planning commission.
D. HP Amendments Initiated By Planning Commission: The planning commission, upon its own motion or on the written request of any person or the preservation commission or at the direction of the city council, may hold a public hearing, giving notice thereof, of proposed map amendment. After holding the public hearing, the planning commission shall within fifteen (15) days transmit its report and recommendation to both the city council and the historic preservation commission.
E. Preservation Commission Action On HP Zoning Map Amendments: The preservation commission shall prepare, or cause to be prepared, a report and recommendation concerning a proposed HP zoning map amendment. The report and recommendation shall include specific findings as to whether the proposed amendment is consistent with the criteria for designation as set forth in this chapter. A map shall be prepared showing the boundaries of the proposed map amendment, including all lots therein, and identifying those properties whose owners may have indicated support or opposition to such amendment. Property owners may indicate their support or opposition at informal informational meetings, at public hearings, or in writing to the preservation commission or planning commission. The report, recommendation, map and other pertinent information shall be forwarded to the planning commission prior to the public hearing.
F. Notice Required On HP Zoning Map Amendments: The planning commission shall give notice of public hearing on any proposed HP zoning changes in the same manner as other proposed zoning changes.
G. Planning Commission Action On HP Zoning Map Amendments: After notice and public hearing, the planning commission shall vote to:
1. Recommend to the city council that the application be approved as submitted, or as amended, or
2. Be approved subject to modification; or
3. Recommended to the city council that the application be denied.
An application recommended for approval, or approval subject to modification shall be transmitted with the report and recommendation of the planning commission and the preservation commission to the city council within fifteen (15) days from the date of planning commission action.
An application recommended for denial shall not be considered further, unless the applicant within fifteen (15) days from the date of the planning commission's action files a written request with the city clerk for a hearing by the city council. The request for hearing shall be accompanied by the payment of the prescribed fee. Upon notice of such request, the planning commission shall forthwith transmit the application and its report and recommendation including all material and minutes received from the preservation commission, to the city council.
In the event the planning commission arrives at a tie vote, the application shall be transmitted with a report and notation of the tie vote, to the city council within fifteen (15) days from the date of the planning commission action.
H. Appeal By Preservation Commission: The preservation commission may appeal the denial of an amendment by the planning commission by following the procedures set forth in subsection G of this section.
I. City Council Action On HP Zoning Map Amendments: The city council shall hold a hearing on each application transmitted from the planning commission. The city council shall approve the application as submitted, or approve the application subject to modification, or deny the application. Prior to the hearing on the proposed rezoning ordinance before the city council, the applicant shall remit to the office of the city clerk a prescribed publication fee.
J. Recording Of HP Zoning Map Amendments: The preservation commission should file or cause to be filed, a copy of the HP zoning map amendment ordinance and map in the office of the county clerk. (Ord. 1953, 2010)