A. Description and Purpose:
1. The historic preservation district ordinance, hereinafter referred to as the HP district and its regulations, may be applied to property located in any zoning district in accordance with the provisions of this section. The HP district is intended to be an overlay zoning district and the regulations imposed by such district shall be in addition to the regulations of the underlying zoning district applicable to the subject parcel.
2. The city hereby declares that the historical, architectural, cultural, and aesthetic features of the city represent some of the finest and most valuable resources and such resources are the embodiment of the heritage of the people of the city. Therefore, it is hereby declared that the purposes of this section, to be known as the historic preservation district ordinance, shall be as follows:
a. To promote the creation of historic districts and landmarks for the educational, cultural, economical and general welfare of the public through the preservation, protection and regulation of buildings, sites, monuments, structures and areas of historic interest or importance within the city;
b. To safeguard the heritage of the city by preserving and regulating historic landmarks and districts which reflect elements of its cultural, social, economical, political and architectural history;
c. To preserve and enhance the environmental quality of neighborhoods;
d. To strengthen the city's economic base by the stimulation of conservation and reuse;
e. To establish and preserve property values;
f. To foster economic development;
g. To ensure the harmonious, orderly and efficient growth and development of the municipality;
h. To promote the use of historic landmarks and districts for the culture, prosperity, education and welfare of the people of the city and visitors to the city;
i. To establish a preservation plan to accomplish the goals of this section.
B. Definitions:
CERTIFICATE OF APPROPRIATENESS: The official document issued by the historic preservation advisory panel approving and/or concurring in any application for permit for erection, demolition, moving, reconstruction, restoration or alteration of any structure designated historic property.
GOOD REPAIR: A condition which not only meets minimum standards of health and safety, but which also guarantees continued attractiveness, continued structural soundness and continued usefulness.
HISTORIC PRESERVATION DISTRICT OR AREA: A defined area of historical, architectural, and/or cultural value, with clearly defined boundaries all of which are determined by the historic preservation advisory panel and within which the majority of owners have agreed to this designation.
IMPROVEMENT: Any building, structure, place, parking facility, fence, wall, work of art or other object, the addition or deletion of which constitutes a physical betterment of real property, or any part of such betterment of real property.
LANDMARK: An individual structure determined by the historic preservation advisory panel to be historically and/or architecturally significant.
ORDINARY MAINTENANCE AND REPAIR: Any work for which a building permit or any other city permit or certificate is not required and where the purpose of such work is stabilization, and further, where such work will not noticeably change the exterior appearance of the structure. Any work not satisfying all of the above requirements shall not be considered ordinary maintenance and repair. The application of paint to previously unpainted brick or masonry shall not be considered ordinary maintenance and repair, nor shall the construction or enlargement of a driveway or parking area be considered ordinary maintenance and repair.
PANEL: The historic preservation advisory panel of the city of Ponca City, Oklahoma.
PRESERVATION: The act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
RECONSTRUCTION: The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or a part thereof, as it appeared at a specific period of time.
REHABILITATION: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while serving those portions or features of the property which are significant to its historical, architectural and cultural values.
RESTORATION: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
SIGN: Shall mean and include every sign, device, figure, painting, sculpture, drawing, message, placard, poster, billboard, ground sign, temporary sign, marquee, awning canopy, banner, pennant, flag, announcement, decoration, demonstration, display, illustration or insignia designed to be seen from outside any improvement, and which is used to advertise or promote the interests of any person when the same is placed in view of the general public.
C. Historic Preservation Advisory Panel:
1. Creation: There is hereby created a historic preservation advisory panel. The panel shall be appointed by the mayor and approved by the board of commissioners. Said panel shall consist of seven (7) members, all of whom have demonstrated interest in historic preservation.
2. Membership: Membership shall consist of seven (7) members, three (3) professional people with preservation related working experience (historian, architect, real estate person, planner, lawyer, archeologist, engineer, etc.) and four (4) with preservation interest.
3. Terms Of Membership: The term of each panel member shall be three (3) years.
4. Removal Of Members: Members may be removed from the panel in the same manner as they were appointed. (Ord. 5916, 8-9-1999)
5. Meetings And Rules Of Advisory Panel: The advisory panel shall be empowered to adopt rules for the conduct of its business. The panel shall elect a chairman who shall serve for one year and who shall be eligible for reelection. All meetings of the advisory panel shall be open to the public. Any person, or duly appointed representative, shall be entitled to appear and be heard on any matter before the panel. The panel shall keep a record of its proceedings, a copy of which shall be filed for public view in the office of the planning department. A quorum shall consist of four (4) members of the panel 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 panel. The director of community development or the designated representative of such director shall act as secretary of the panel 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 panel's discussions but shall have no vote. The director of community development and the staff of the community development department shall assist the panel in discharging its duties. (Ord. 6073, 1-14-2008)
D. Duties Of Historic Preservation Advisory Panel: Unless otherwise specified in this title, the duties of the historic preservation advisory panel shall be as follows:
1. Prepare or cause to be prepared a comprehensive inventory of historical, architectural and archeological resources within the city.
2. Prepare or cause to be prepared a general historic preservation plan to be incorporated within the comprehensive plan.
3. Prepare findings of fact relating to the recommendation for designation of historical, architectural and archeological resources.
4. Prepare findings of fact pursuant to action taken by the advisory panel relating to certificates of appropriateness.
5. Make recommendations to the board of commissioners and planning commission concerning the acquisition of development rights, facade easements, and the development of historic preservation plans.
6. Make recommendations to the board of commissioners concerning grants from federal and state agencies, private groups and individuals, and the utilization of budgetary appropriations to promote the preservation of historic architectural or archeological resources; and, when so directed by the board of commissioners the panel may oversee historical projects or programs.
7. Promulgate rules governing the meetings of the panel.
8. Increase public awareness of the value of historic architectural or archeological resources by developing and participating in public information programs and by recommending the update of the preservation program and 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 historical sites as chosen by the panel.
9. Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings of facts, determinations and decisions.
10. Make recommendations to the board of commissioners, planning commission, board of adjustment, and building inspector regarding historic designations, certificates of appropriateness, and amendment and enforcement of this section and the city code.
11. Monitor actions undertaken by other city agencies or actions of other governmental units (counties, state, etc.) with respect to the effect of such actions upon historical, architectural and archeological resources. Comment and make recommendation to the board of commissioners and planning commission.
12. Investigate complaints, conduct hearings and recommend the commencement of actions to enforce the provisions of this section.
13. 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 board of commissioners.
14. Any other functions imposed by this section or which may be specified by the board of commissioners.
E. Mediation Hearings:
1. Citizens may file with the secretary of the panel formal written complaints concerning alleged violations of this section.
2. Upon receipt by the panel of such a written complaint charging any property owner, resident or occupant of a historic preservation district or a historic landmark district with violation of any provision of this section, the panel may schedule a mediation hearing to consider such complaint.
3. The secretary of the panel 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.
4. Such hearing shall be held for the purpose of mediating the dispute which is the subject of the filed complaint and for the further purpose of fostering compliance with this section.
F. District Regulations And Restrictions:
1. Creation: The historic preservation zoning district is hereby created.
2. General Provisions: All provisions of this section, including the definitions contained in subsection B of this section, shall be applicable to this district.
3. District Identification Sites: District identification sites designated by the board of commissioners as being within the HP historic preservation district shall be identified on the official zoning map of the city and in other official writings by the symbol "HP".
4. District Restrictions: Unless otherwise specifically provided in this section, the following restrictions shall apply to this district:
a. The erection, moving, demolition, reconstruction, restoration or alteration of any structure is prohibited unless a certificate of appropriateness is granted by the Ponca City historic preservation advisory panel subsequent to review and analysis by that body;
b. All structures and grounds shall be kept in good repair;
c. All interior portions of structures shall be kept in such good repair to the extent necessary to prevent structural deterioration;
d. All structures and grounds shall be maintained in good condition in keeping with the historical nature of the site designated;
e. Outside storage of materials or supplies on a permanent basis is prohibited;
f. All external signs and advertising displays shall conform to all requirements of the Ponca City sign ordinance (chapter 12 of this title);
g. All provisions and procedures of this district shall be complied with fully.
G. Uses Permitted: A building or premises shall be used only for the following purposes:
1. A single structure or structures within a historic district shall be permitted for the use under the existing zoning, i.e., commercial, single-family or multi-family residential.
2. Servant or caretaker quarters, either attached to or separate from a single-family dwelling.
3. Temporary buildings for use incidental to construction work which buildings shall be removed upon the completion or abandonment of the construction work.
4. Open or public park, playground or recreation area, but excluding recreation facilities or services furnished on payment of a fee or admission charge.
5. Private park, recreation area and clubhouse, when owned and maintained by members of a homeowners' association or organization activity engaged in supporting the preservation of a home of architectural and/or historical significance.
6. Directional and informational signs shall be permitted subject to the provisions of the Ponca City sign ordinance (chapter 12 of this title) and certificate of appropriateness.
7. Private garage. (Ord. 5916, 8-9-1999)
8. Parking and storage of motor vehicles and recreational vehicles incidental to residential uses is permitted, if the parking area is located inside a garage or carport, or outside in the rear yard. Outside parking in the front yard and side yard is permitted only in compliance with the following requirements:
a. The vehicle is parked on a permanent hard surfaced area continuous and contiguous to an existing driveway.
b. No part of the vehicle extends into the public right of way.
c. No required corner sight triangle is encroached upon.
It shall otherwise be unlawful and an offense for any person to park or store, or any property owner to permit any person to park or store, any vehicle on grass, dirt, or similar unpaved surface located in the front yard and side yard of any residence. (Ord. 6150, 2-13-2012)
H. Uses Permitted Upon Review Of Special Uses: Uses permitted upon review of special uses, so designated, within the base zoning district.
I. Height Regulations: Heights permitted within the base zoning district.
J. Area And Setback Regulations: Area and setback regulations permitted within the base zoning district.
K. Ordinary Maintenance Or Repair Except As Previously Provided: Nothing in this section shall be construed to prevent ordinary maintenance or repair of any structure.
L. Historic District Designation Process; Procedure:
1. The city may designate tracts and sites for inclusion within the historic preservation district in the same manner prescribed for the designation of other zoning districts by this title and subject to compliance with this section; however, all designations of tracts and sites for inclusion within the historic preservation district shall be reviewed and considered by the historic preservation advisory panel. Such panel shall forward its recommendation regarding a proposed district designation to the planning commission and board of commissioners.
2. Notice of consideration of a district designation by the historic preservation advisory panel shall be the same as required for consideration of the adoption or amendment of zoning district boundaries by the planning commission as such is prescribed in this title.
3. The initiation of a proposal of designation may be made by the panel, the board of commissioners, planning commission, the community development department or on the application of the owners of the parcel to be designated or their authorized agents. Any such application shall be made upon forms or pursuant to standards set by the panel for this purpose.
4. The following criteria shall be used in the evaluation for historic designation:
a. Character, interest or value as a part of the development, heritage or cultural characteristics of the city of Ponca City, state of Oklahoma or nation or other society;
b. Location of the site of a notable historical event;
c. Identification with a person or persons who contributed notably to the culture and development of the city, state, nation or society;
d. Relationship to properties which are significant and preserved or which are eligible for preservation;
e. Embodiment of distinctive elements of architectural design, detail material or craftsmanship related to a uniqueness to the area or the related distinctiveness of a craftsman, master builder or architect, or a style or innovation;
f. Archaeological value in the sense that the site has, has produced, or can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory;
g. Value as an aspect of community sentiment or public pride; or
h. An established, familiar visual feature of the neighborhood, community or skyline owing to its unique location or singular physical characteristic.
M. Certificate Of Appropriateness:
1. Required: Certificate of appropriateness shall be required in the following instances before the commencement of work upon any structure or site located within the HP historic preservation district:
a. Whenever such work requires a building permit issued by the city;
b. Whenever a fence or driveway is constructed beyond the front building line of a home; or
c. Whenever such work includes the erection, moving, demolition, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements for "ordinary maintenance and repair" as defined in subsection B of this section.
2. General Provisions And Procedures:
a. No building permit shall be issued by the building inspector for any structure or site location within the HP historic preservation district until the application for such permit has been reviewed by the panel and a certificate of appropriateness approved by the panel.
b. In all cases that are not "ordinary maintenance and repair" as defined in subsection B of this section, a certificate of appropriateness shall be required and an application for such certificate shall be made.
c. When applying for a certificate of appropriateness as required in subsection M2b of this section, the applicant shall provide sufficient photographs and evidence to adequately show the work proposed.
d. When applying for a building permit the applicant shall furnish two (2) copies of such plans, elevations, perspectives and specifications as required by a building permit. The building inspector shall forward to the panel such application for a building permit. Any applicant may request a meeting with the panel before submitting an application and may consult with the panel during the review of the permit application.
e. Upon review of the application, the panel shall determine, within forty five (45) days of the date application is made for a certificate of appropriateness, whether the proposed work is of a nature which will adversely affect any historical or architectural resource and whether such work is appropriate and consistent with the spirit and intent of this section. The panel shall apply the criteria established by this section and based thereon shall issue or refuse to issue such certificate of appropriateness. If the panel refuses to issue such a certificate of appropriateness, no permit shall be issued and the applicant may appeal the decision of the panel to the board of commissioners by filing a written appeal with the city clerk within ten (10) calendar days of the denial.
f. The panel shall develop such guidelines as it may find necessary to supplement the provisions of this section and to inform owners, residents, and the general public of those techniques which are considered most proper for undertaking work relating to historical and architectural resources. The panel shall have the opportunity to advise the board of commissioners concerning provisions in the building, electrical, plumbing, heat and air and housing codes and other codes which affect preservation work.
g. It is not the intent of this section to limit new construction to any one period or architectural style, but to preserve the integrity of historical and architectural resources and to ensure the compatibility of new work constructed in the vicinity. In the case of the disapproval of plans by the panel, the panel shall state in writing the reasons for such disapproval and may include suggestions of the panel in regard to actions the applicant might take to secure the approval of the panel as to the issuance of a certificate of appropriateness.
h. The panel may approve the certificate of appropriateness subject to certain conditions. Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate, if any. It shall be the duty of the building inspector to inspect from time to time any work performed pursuant to a certificate of appropriateness to assure such compliance. In the event that such work is not in compliance, the building inspector shall issue a stop work order. The panel may request by resolution that the building inspector inspect the work and issue a stop work order.
3. Review Criteria: The historic preservation advisory panel shall utilize those criteria in "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983)". The standards are as follows:
a. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
b. The distinguishing original qualities or character of a building, structure or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
c. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
d. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
e. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
g. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building shall not be undertaken.
h. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
i. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
j. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alteration were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
k. In addition to the above mentioned criteria, the historic preservation advisory panel shall use specific design review guidelines which shall be prepared by the panel to outline the evaluation criteria used in assessing the appropriateness of proposed project work within the designated historic districts. These design review guidelines shall be prepared and amended by the historic preservation advisory panel as part of the regular duties of the panel and shall be adopted by the panel prior to their application in the review process.
4. Demolitions:
a. General Provisions: No structure or resource within any historic district shall be demolished and/or removed unless such demolition shall be approved by the historic preservation advisory panel and a certificate of appropriateness for such demolition and/or removal shall have been granted.
b. Procedures And Postponement Orders:
(1) The historic preservation advisory panel shall hold a public hearing for the purpose of considering certificates of appropriateness for demolition or removal. After such hearing the historic preservation advisory panel may approve the certificate of appropriateness thereby authorizing the demolition or may enter an order postponing demolition for not more than ninety (90) days.
(2) At the conclusion of such period of postponement as specified in the panel's order, the panel shall within forty five (45) days thereafter hold a second public hearing for the purpose of considering whether or not the historic preservation advisory panel should recommend to the board of commissioners that additional postponement of demolition be ordered.
(3) In the event the historic preservation advisory panel should make such recommendation of additional postponement to the board of commissioners, the board of commissioners shall hold a public hearing for the purpose of considering such additional postponement of demolition.
(4) After such public hearing the board of commissioners may enter an order approving the demolition or may enter an order postponing demolition for an additional period not to exceed sixty (60) days from the date of such order. At the conclusion of this final postponement period, the board of commissioners shall hold a public hearing and may either approve the requested demolition or may disapprove such requested demolition. In the event demolition is not approved, no demolition shall occur. For purposes of this section, the word "demolition" shall include "removal".
c. Criteria For Review Of Demolition: The historic preservation advisory panel and board of commissioners shall be guided by the following criteria in considering certificates of appropriateness and authorizations for demolition of structures or sites within the historic district:
(1) The purposes and intent of this section.
(2) The degree to which the proposed removal of the historical resource would serve to destroy the integrity and continuity of the historic district of which it is a part.
(3) The nature of the resource as a representative type of style of architecture, socioeconomic development, historical association or other element of the original designation criteria applicable to such structure or site.
(4) The condition of the resource from the standpoint of structural integrity and the extent of work necessary to stabilize the structure.
(5) The alternatives available to the demolition applicant, including:
(A) Donation of the subject structure or site to a public or benevolent agency.
(B) Donation of a part of the value of the subject structure or site to a public or benevolent agency, including the conveyance of historical easements.
(C) The possibility of sale of the structure or site, or any part thereof, to a prospective purchaser capable of preserving such structure or site.
(D) The potential of such structure or site for renovation and its potential for continuing same.
(E) The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure.
(6) The ability of the subject structure or site to produce a reasonable economic return on investment to its owner; provided however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this section.
N. Certificate Of Economic Hardship:
1. Application: Application on forms prescribed by the panel for certificate of economic hardship may be made by the owner or agent for the owner who has been denied a certificate of appropriateness for any work specified in this section.
2. General Provisions And Procedures: The panel may require that the applicant for a certificate of economic hardship make submissions concerning any or all the following information before it makes a determination on the application:
a. An estimate of the cost of the proposed construction, alteration, demolition or removal and estimate of any additional cost that would be incurred to comply with recommendations of the preservation panel for changes necessary for the issuance of a certificate of appropriateness.
b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structure on the property and the suitability for rehabilitation.
c. The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the preservation commission and, in the case of a proposed demolition, after renovation of the existing property for continued use.
d. In the case of a proposed demolition, and estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility or rehabilitation or reuse of the existing structure on the property.
e. Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or application and the person from whom the property was purchased, and any terms of financing between the seller and buyer.
f. If the property is income producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.
g. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.
h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property.
i. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years.
j. Assessed values of the property according to the two (2) most recent assessments.
3. Public Hearing Required: After the application for certificate of economic hardship has been submitted, the panel shall hold a public hearing at which any person may testify concerning economic hardship.
4. Determination Of Economic Hardship: The panel shall review all the evidence and information required of any applicant for a certificate of economic hardship and make a determination within forty five (45) days of receipt of the application whether the denial of a certificate appropriateness has deprived, or will deprive, the owner of the property of reasonable uses of, or economic return on, the property. If the panel disapproves such a certificate of economic hardship, the applicant shall proceed with work only when issued a certificate of appropriateness as provided in this section. (Ord. 5916, 8-9-1999)