SECTION 120:10-11-9.1. Miscellaneous provisions  


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  • (a)   Minimum maintenance. Designated landmarks, or structures, buildings, or monuments within landmark districts shall be maintained to meet the minimum requirements of codes governing the public health, safety and welfare. The Board, on its own initiative, may file a resolution with the appropriate officer(s) requesting said officer(s) to proceed under the appropriate codes to require correction of defects or initiation of repairs. All persons in charge of a landmark, or structure, building, or monument within a historic district shall keep in good repair all of the exterior portions of such resources, including appropriate landscaping.
    (b)   Property owned by public agencies. The requirements, provisions, and purposes of this Section shall apply to all property owned by public agencies which lies within the Capitol-Medical Center Improvement and Zoning District.
    (c)   Board of Review jurisdiction. All matters regarding property or sites situated within the Historic Preservation District or the Historical Landmark District shall be reviewed and considered by the Historical Preservation and Landmark Board of Review prior to final action by the Commission.
    (d)   Demolitions. No structure or site within any HL, Historical Landmark or HP, Historic Preservation District shall be demolished or removed unless such demolition shall be approved by the Board and a Certificate of Appropriateness for such demolitions shall be granted. Applications for demolition permits shall be filed with the the Commission. The Board shall be guided by the following criteria in considering Certificates of Appropriateness and authorization for demolition of structures or sites within the HL, Historical Landmark or the HP, Historic Preservation District, to-wit:
    (1)   The purpose and intent of this Subchapter.
    (2)   The degree to which the proposed removal of the historical resource would serve to destroy the integrity and continuity of the Historical Landmark or Historic Preservation District of which it is a part.
    (3)   The nature of the resource as a representative type of style of architecture, socio-economic development, historical association or other elements 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 alternative 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 development rights and facade easement.
    (C)   The possibility of sale of the structure or site, or any parts 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 use.
    (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 be considered along with all other criteria contained in this Section.
[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]