(A) In reviewing plans, the Commission shall follow the United States Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as set forth in 36 C.F.R. part 67. Design review standards and guidelines that address special design characteristics of historic districts administered by the Commission may be followed if they are equivalent in guidance to the Secretary of the Interior’s Standards and Guidelines and are established or approved by the State Historic Preservation Office.
(B) The Commission shall also consider all of the following:
(1) The historical or architectural value and significance of the resource and its relationship to the historic value of the surrounding area;
(2) The relationship of any architectural features of the resource to the rest of the resource and to the surrounding area;
(3) The general compatibility of design, arrangement, texture and materials proposed to be used;
(4) Other factors, including aesthetic value, that the Commission considers pertinent; and
(5) Whether the applicant has certified in the application that the property where work will be undertaken has, or will have before the proposed project completion date, a fire alarm system or a smoke alarm complying with the requirements of the Stille-DeRossett-Hale Single State Construction Code Act, Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531.
(C) If an application is for work that adversely affects the exterior appearance of a resource that the Commission considers so valuable to the village, state or nation that its alteration or loss adversely affects the public purpose of the village, state or nation, the Commission shall attempt to establish with the owner of the resource an economically feasible plan for preservation of the resource.
(D) Upon a finding by the Commission that a historic resource within a historic district or proposed historic district subject to its review and approval is threatened with demolition by neglect, the Commission may do either of the following:
(1) Require the owner of the resource to repair all conditions contributing to demolition by neglect; or
(2) If the owner does not make repairs within a reasonable time, the Commission or its agents may enter the property and make such repairs as are necessary to prevent demolition by neglect. The costs of the work shall be charged to the owner, and may be levied by the village as a special assessment against the property. The Commission or its agents may enter the property for purposes of this section upon obtaining an order from the Circuit Court.
(E) If all efforts by the Historic District Commission to preserve a resource fail, or if it is determined by the Village Council that public ownership is most suitable, the Council, if considered to be in the public interest, may acquire the resource using public funds, public or private gifts, grants or proceeds from the issuance of revenue bonds. The acquisition shall be based upon the recommendation of the Commission. The Commission is responsible for maintaining publicly owned resources using its own funds, if not specifically designated for other purposes, or public funds committed for that use by the Council. Upon recommendation of the Commission, the village may sell resources acquired under this provision with protective easements included in the property transfer document, if appropriate.
(F) An application for work adversely affecting the exterior appearance of a resource, shall be approved by the Commission through the issuance of a notice to proceed, if any of the following conditions exist and if the Commission makes a finding that it is necessary to improve or correct these conditions:
(1) The resource constitutes a hazard to the safety of the public or its occupants;
(2) The resource is a deterrent to a major improvement program that will be of substantial benefit to the community and the applicant proposing the work has obtained all necessary approvals, financing and environmental clearances;
(3) Retaining the resource will cause undue financial hardship to the owner when a governmental action, an act of God or other events beyond the owner’s control created the hardship, and all feasible alternatives to eliminate the financial hardship, which may include offering the resource for sale at its fair market value or moving the resource to a vacant site within the historic district, have been attempted and exhausted by the owner; and
(4) Retaining the resource would not be in the interest of the majority of the community.
(Ord. 140, passed 1-15-2002; Ord. 140, passed 6-27-2013)