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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDITION. Any construction which increases the square footage of a structure or which creates a new structure on the site.
ALTERATION.
(1) Work that changes the detail of a resource but does not change its basic size or shape. An ALTERATION shall include any construction, replacement or remodeling on a structure which changes the exterior structural parts, the location of exterior openings or the exterior appearance of the structure, but which does not increase its square footage.
(2) An ALTERATION shall include a proposed sign.
CERTIFICATE OF APPROPRIATENESS. The written approval by the Historic District Commission of a permit application for work that is appropriate and that does not adversely affect a resource.
COMMITTEE. The Historic District Study Committee established pursuant to Public Act 169 of 1970, being M.C.L.A. §§ 399.201 through 399.215, as amended, for the purpose of recommending the designation of a historic district, the modification of the boundaries of an existing district or the elimination of an existing district.
DEMOLITION. The destruction, all or in part of a resource and includes, but is not limited to, demolition by neglect.
DEMOLITION BY NEGLECT. Neglect in maintaining, repairing or securing a resource that results in deterioration of an exterior feature of the resource or the loss of structural integrity of the resource.
DENIAL. The written rejection of a permit application for work that is inappropriate and that adversely affects a resource.
FIRE ALARM SYSTEM. A system designed to detect and annunciate the presence of fire or byproducts of fire. FIRE ALARM SYSTEM includes smoke alarms.
HISTORIC DISTRICT. An area, or group of areas, not necessarily having contiguous boundaries, that meets the criteria for designation contained in this chapter and that has been designated by the village. A district shall contain one resource or a group of resources that are related by history, architecture-archeology, engineering or culture.
HISTORIC PRESERVATION. The identification, evaluation, establishment and protection of resources significant in history, architecture, archeology, engineering or culture.
HISTORIC RESOURCE. A publicly or privately owned building, structure, site, object, feature or open space that is significant in the history, architecture-archeology, engineering or culture of this state or of this village or of the United States.
HISTORIC SIGNIFICANCE. The importance of a property to the history, architecture, archeology, engineering or culture of a community, state or the nation. It is achieved through association with events, activities or patterns; association with important persons; distinctive physical characteristics of design, construction or form; or potential to yield important information.
NOTICE TO PROCEED. The written permission to issue a permit for work that is inappropriate and that adversely affects a resource, pursuant to a finding that the conditions described in § 152.09(F) exist.
OPEN SPACE. Undeveloped land, a naturally landscaped area or a formal or human-made landscaped area that provides a connective link or a buffer between other resources.
ORDINARY MAINTENANCE. Keeping a resource unimpaired and in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition. ORDINARY MAINTENANCE does not change the external appearance of the resource except through the elimination of the usual and expected effects of weathering. ORDINARY MAINTENANCE does not constitute work for purposes of this chapter.
PROPOSED HISTORIC DISTRICT. An area, or group of areas not necessarily having contiguous boundaries, that has delineated boundaries and that is under review by a committee or a standing committee for the purpose of making a recommendation as to whether it should be established as a historic district or added to an established historic district.
REHABILITATION. The process of returning a resource to a state of utility which makes possible a contemporary use while preserving those portions of the resource which are significant to its historical, architectural and cultural value.
REPAIR. To restore a decayed or damaged resource to a good or sound condition by any process. A REPAIR that changes the external appearance of a resource constitutes work for purposes of this chapter.
RESOURCE. One or more publicly or privately owned historic or non-historic buildings, structures, sites, objects, features or open spaces located within a historic district.
SHPO. The Michigan State Historic Preservation Office.
SMOKE ALARM. A single-station or multiple-station alarm responsive to smoke and not connected to a system. As used in this definition, a SINGLE-STATION ALARM means an assembly incorporating a detector, the control equipment and the alarm sounding device into a single unit, operated from a power supply either in the unit or obtained at the point of installation. MULTIPLE-STATION ALARM means two or more single-station alarms that are capable of interconnection such that actuation of one alarm causes all integrated separate audible alarms to operate.
WORK. Construction, addition, alteration, repair, moving, excavation or demolition.
(Ord. 140, passed 1-15-2002; Ord. 140, passed 6-27-2013)
(A) Pursuant to Public Act 169 of 1970, being M.C.L.A. §§ 399.201 through 399.215, as amended, a commission, to be known as the Calumet Village Historic District Commission, is hereby established.
(B) The Historic District Commission shall consist of five persons who reside in the village and a majority of whom clearly demonstrate interest in or knowledge of historic preservation.
(C) The Commission shall include, if available, an architect registered in this state or a graduate of an accredited school of architecture who has two years of architectural experience.
(D) One member of the Commission shall be appointed from a list of citizens submitted by the Downtown Development Authority. One member shall be appointed from a list of citizens submitted by the Keweenaw National Historical Park Advisory Commission. One member of the Commission shall be appointed from a list of citizens submitted by the Village Planning Commission.
(E) Members shall be appointed by the President of the Village Council, with the approval of the Village Council. Appointments shall be made for three-year terms. Initial appointments shall be made within six months after the enactment of this chapter and shall provide for two three-year terms, two two-year terms and one one-year term. Members shall be eligible for reappointment.
(F) All terms shall end on January 1, except that a member shall continue in office until a successor is appointed and takes office. If a vacancy on the Commission occurs, within 60 calendar days the Council President shall make an interim appointment with the approval of the Village Council, to complete the unexpired term.
(Ord. 140, passed 1-15-2002; Ord. 140, passed 6-27-2013)
(A) The Historic District Commission shall each year elect from its membership a Chairperson and a Vice Chairperson. The Chairperson shall preside at meetings of the Commission and shall have the right to vote. The Chairperson shall lead the Commission in carrying out its duties and shall be the spokesperson for the Commission in presenting its policies to the public. In the absence or disability of the Chairperson, the Vice Chairperson shall preside at Commission meetings and perform the other duties of the Chairperson. The village government shall provide staff assistance to carry out the purposes of this chapter.
(B) The Historic District Commission shall hold monthly public meetings at a regularly scheduled time, and special Commission meetings shall be called anytime they become necessary. Public notice of the time, date and place of each meeting shall be given as required by the State Open Meetings Act (Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275). The notice shall include a meeting agenda and listing of each permit application to be reviewed or considered by the Commission.
(C) (1) All meetings of the Commission shall be open to the public and shall conform to the State Open Meetings Act (Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275). Any person shall be entitled to appear and be heard on any matter before the Commission prior to its reaching a decision.
(2) All decisions by the Commission shall be made at a public meeting, and applicants shall be given notice of the Commission’s meetings and its decision on their application.
(D) (1) The Commission shall adopt rules of procedure providing for its organization and the conduct of its business. A quorum shall consist of a majority of the Commission, who may take action under the provisions of this chapter.
(2) A majority of the total membership of the Commission shall be required for the approval or denial of applications and issuance of a certificate of appropriateness, denial or a notice to proceed.
(E) The Commission shall prepare and keep on file, available for public inspection, minutes of its meetings containing all decisions of the Commission and the reasons for these decisions. The procedures, guidelines and criteria and similar material used by the Commission shall be available to the public for review and comment under the State Freedom of Information Act (Public Act 442 of 1976, being M.C.L.A. §§ 15.231 through 15.246). The Commission shall submit an annual report of its activities to the Village Council. The report shall also summarize historic preservation activities of the village.
(F) In accordance with the provisions of state laws, no member of the Commission shall vote on any matter that may affect the property, income or business interests of that member. Any member who abstains from voting because of a conflict of interest shall not be considered as part of the total membership for that vote.
(Ord. 140, passed 1-15-2002; Ord. 140, passed 6-27-2013)
(A) The Historic District Commission shall:
(1) Administer the provisions of this chapter and preserve the historic district(s) established under the procedures of Public Act 169 of 1970, being M.C.L.A. §§ 399.201 through 399.215, as amended;
(2) Maintain a system for the survey and inventory of historic and architectural resources in coordination with the survey work of the state;
(3) Review applications requesting certificates of appropriateness for exterior work involving all property within a historic district and issue certificates of appropriateness, notices to proceed or denials;
(4) Adopt design review standards and guidelines to carry out its duties;
(5) Contract, with Village Council approval, with persons, firms, corporations or organizations for expert assistance in carrying out its duties under this chapter and state and federal laws;
(6) Work with and advise the state and federal governments and other departments of village government;
(7) Act as the agent of the village to administer grants from the state or federal governments for historic preservation purposes and from public or private contributions for similar purposes and participate in state and federal programs that benefit historic preservation;
(8) Collect and distribute information on historic preservation and provide technical assistance to property owners and other persons and groups, including business and neighborhood organizations, who are interested in historic preservation;
(9) Establish goals for its preservation program and recommend additional areas to be studied for designation and preservation as historic districts; and
(10) Perform such other duties as are required elsewhere in this chapter or delegated to it under the certified local government program or provided for in state and federal laws.
(B) The Historic District Commission shall pass only on exterior features of a resource and shall not review and act upon interior arrangements unless specifically authorized to do so by the Village Council.
(C) The Historic District Commission may:
(1) Prepare a plan for the preservation of historic properties in the village and plans for the rehabilitation of individual historic resources;
(2) Delegate to a qualified person on the village staff the approval of certificates of appropriateness for minor alterations and repairs that have been included among the Commission’s written guidelines, provided that each quarter the Commission reviews the certificates issued by the staff to determine whether or not the delegated responsibilities should be continued;
(3) Make recommendations to the Village Council regarding the acquisition of historic properties;
(4) Maintain publicly-owned historic properties using its own funds, if not specifically earmarked for other purposes, or those public funds committed for this use by the Village Council or recommend to the Village Council the selling of resources acquired under this chapter with protective easements included in the property transfer documents;
(5) Assist public and private groups in the registration and marking of historic properties and in the application for grants for the rehabilitation of those properties; and
(6) Undertake or assist educational and research programs including the collection of historical records and photographs, the preparation of publications and the conducting of special events relating to the village’s history.
(Ord. 140, passed 1-15-2002; Ord. 140, passed 6-27-2013)
(A) Under Public Act 169 of 1970, being M.C.L.A. §§ 399.201 through 399.215, as amended, the Village Council shall appoint a Historic District Study Committee to start the process of designating a historic district. The Committee shall make recommendations concerning the area to be included in the proposed historic district. The Committee shall contain a majority of persons who have a clearly demonstrated interest in or knowledge of historic preservation. It shall contain representation from one or more duly organized local historic preservation organizations. The Committee shall do all of the following:
(1) Conduct a photographic inventory of resources within each proposed historic district following procedures established or approved by the Center;
(2) Conduct basic research on each proposed historic district and the historic resources located within that district;
(3) (a) Determine the total number of historic and non-historic resources within a proposed historic district and the percentage of historic resources of that total. In evaluating the significance of historic resources, the Committee shall be guided by the selection criteria for evaluation issued by the United States Secretary of the Interior for inclusion of resources in the National Register of Historic Places, as follow.
(b) The quality of significance in American history, architecture, archeology, engineering and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:
1. Are associated with events that have made a significant contribution to the broad patterns of our history;
2. Are associated with the lives of persons significant in our past;
3. Embody the distinctive characteristics of a type, period or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
4. Have yielded, or may be likely to yield, information important in prehistory or history.
(c) The Committee shall also be guided by criteria established or approved by the State Historic Preservation Office, if any.
(4) Prepare a preliminary Historic District Study Committee report that addresses at a minimum all of the following:
(a) The charge of the Committee;
(b) The composition of the Committee membership;
(c) The historic district or districts studied;
(d) The boundaries for each proposed district in writing and on maps;
(e) The history of each proposed historic district; and
(f) The significance of each district as a whole, as well as a sufficient number of its individual resources to fully represent the variety of resources found within the district, relative to the evaluation criteria.
(5) Transmit copies of the preliminary report for review and recommendations to the Village Planning Commission, to the Center, to the State Historical Commission and to the State Historic Preservation Review Board; and
(6) Make copies of the preliminary report available to the public pursuant to division (E) below.
(B) Not less than 60 calendar days after the transmittal, the Committee shall hold a public hearing on its report and recommendations after giving due notice in the manner required by Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended. Additional written notice shall be given by first-class mail not less than 14 calendar days before the hearing to the owners of properties to be included in the historic district. Written notice shall be considered sufficient when it is mailed to the person listed on the tax rolls of the village.
(C) After the public hearing, the Committee and the Village Council shall have not more than one year to take the following actions.
(1) The Committee shall prepare and submit to the Village Council a final report with its recommendations and the recommendations, if any, of the Village Planning Commission. If the recommendation is to establish a historic district or districts, the final report shall include a draft of a proposed ordinance or ordinances.
(2) After receiving a final report that recommends the establishment of a historic district or districts, the Village Council, at its discretion, may introduce and pass or modify and pass or reject an ordinance or ordinances. If the Council passes an ordinance or ordinances establishing one or more historic districts, the Council shall file with the Register of Deeds a copy of that ordinance or those ordinances, including a legal description of the property or properties within the historic district or districts, so that the designation of each property within the district or districts will be recorded in the land records of the county. Notice shall also be given to the State Departments of Transportation and Environmental Quality.
(D) The Council shall not pass an ordinance establishing a contiguous historic district less than 60 days after a majority of the property owners within the proposed historic district, as listed on the tax rolls of the village, have approved the establishment of the historic district pursuant to a written petition.
(E) A writing prepared, owned, used, in the possession of or retained by the Committee in the performance of an official function shall be made available to the public in compliance with state law.
(F) (1) Additional historic districts may be designated, and the designation of an existing historic district may be amended or rescinded through the same procedures used for the original designation. Previously written Committee reports shall be considered.
(2) To eliminate a historic district a Committee shall show one or more of the following:
(a) The historic district has lost those physical characteristics that enabled establishment of the district;
(b) The historic district was not significant in the way previously defined; and/or
(c) The historic district was established pursuant to defective procedures.
(Ord. 140, passed 1-15-2002; Ord. 140, passed 6-27-2013)
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