SECTION 120:10-11-8.1. Certificate of Appropriateness  


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  • (a)   When required. A Certificate of Appropriateness shall be required in the following instances before the commencement of work upon any structure or site located within the "HL", Historical Landmark District or the "HP", Historic Preservation District, to-wit:
    (1)   Whenever such work requires a building or fence permit issued by the Commission.
    (2)   Whenever such work includes the application of paint to a previously unpainted brick or masonry exterior surface or the construction or enlargement of a driveway or parking area.
    (3)   Whenever such work includes erection, moving, demolition, reconstruction, restoration, or alteration of the exterior of any structure of site, except when such work satisfies all the requirements for ordinary maintenance and repair as defined in this Subchapter.
    (b)   General provisions and procedures.
    (1)   No building or fence permit shall be issued by the Commission for any structure or site located within the "HL", Historical Landmark or "HP" Historic Preservation districts until the application for such permit has been reviewed by the Board and a Certificate of Appropriateness is approved by the Board.
    (2)   When applying for such a permit, the applicant shall furnish 2 copies of all detailed plans, elevations, perspectives and specifications and the Director of the Commission shall forward to the Board such application for a building permit within 5 days of receipt thereof. Any applicant may request a meeting with the Board before submitting an application and may consult with the Board during the review of the permit application.
    (3)   Upon review of the application, the Board shall determine 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 Subchapter. The Board shall apply the criteria established by this Subchapter and based thereon shall approve or disapprove such Certificate of Appropriateness. If the Board disapproves such Certificate of Appropriateness, no permit shall be issued and the applicant shall not proceed with the proposed work.
    (4)   The Board shall develop such guidelines as it may find necessary to supplement the provisions of this Subchapter and to inform owners, residents, and the general public of those techniques which are considered most proper for undertaking work relating to historic and architectural resources. The Board shall have the opportunity to advise the Commission concerning provisions in the building housing codes and other codes which affect preservation work.
    (5)   It is not the intent of this Subchapter to limit new construction to any one period or architectural style, but to preserve the integrity of historic and architectural resources and to insure the compatibility of new work constructed in the vicinity.
    (6)   In case of the disapproval of plans by the Board, the Board shall state in writing the reason for such disapproval and may include suggestions of the Board in regard to actions the applicant might take to secure the approval of the Board as to the issuance of the Certificate of Appropriateness.
    (7)   The Board may approve Certificates 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.
    (8)   With regard to development of a property containing a designated archaeological resource, a Certificate of Appropriateness shall be required prior to the issuance of the permit for which the applicant has applied; and further, the following requirements shall be satisfied to-wit:
    (A)   Archaeological resources shall be protected from inappropriate or improper digging by demonstration by the applicant that the appropriate permits and standards are met for study and set by the State Historical Society.
    (B)   Any discovered materials shall be properly recorded, reported, stored, or exhibited according to the standards set by the Oklahoma Historical Society.
    (C)   All developments affecting the designating archaeological resource shall provide for the permanent preservation of the resource or provide for the completion of the necessary work as recommended by a qualified archaeologist.
    (D)   Prior to the hearing by the Board for issuance of the Certificate of Appropriateness, the applicant or the Board shall cause to have presented the comments and recommendations of a qualified archaeologist with respect to the resource under consideration and the application which would affect it.
    (c)   Review criteria. The Board shall be guided by the following criteria:
    (1)   The purpose and intent of this Subchapter.
    (2)   The Historic Preservation Standards and Guidelines in Appendix E.1 of this Chapter.
    (3)   The degree to which the proposed work may destroy or alter all or part of the resource.
    (4)   The degree to which the proposed work would serve to isolate the resource from its historical or architectural surroundings, or would introduce visual, audible, vibratory, or polluting elements that are out of character with the resource and its setting, or that adversely affect the physical integrity of the resource.
    (5)   The compatibility of the building materials with the aesthetic and structural appearance of the resource, including but not limited to, a consideration of texture, style, color or the components and their combinations of elements such as brick, stone, concrete, shingle, wood or stucco.
    (6)   The compatibility of the proposed design to the significant characteristics of the resource, including but not limited to, a consideration of harmony of materials, details, height, mass, proportion, rhythm, scale, set back, shape, street accessories, and workmanship.
[Source: Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11; Amended at 34 Ok Reg 849, eff 9-11-17]