(A) (1) The village, pursuant to Ord. 76, adopted December 12, 1978, established a Village Historic District Study Committee consisting of seven members appointed by the Village Council. The Committee contained representation from any then existing historical preservation society in the village. The Committee conducted studies and research and made a report on the historical significance of the buildings, structures, features, sites, objects, and surroundings in the village.
(2) The report contained recommendations concerning the areas to be included in a proposed historic district. Copies of the report were transmitted for review and recommendations to the Village Planning Commission and/or Zoning Commission, as required, to the State Historical Commission, and to the State Historical Advisory Council. Sixty days after the transmittal, the Committee held a public hearing thereon after due notice, which included a written notice to the owners of all properties proposed to be included in such districts. The Committee submitted a final report with its recommendations and those of the Village Planning Commission and/or Zoning Commission, as required, together with the draft of a proposed ordinance establishing an historic district or districts to the Village Council and to the Village Historic District Commission.
(B) (1) The Village Council may, at any time, establish by ordinance additional historic districts, including proposed districts previously considered and rejected, may modify boundaries of an existing historic district, or may eliminate an existing historic district. Before establishing, modifying, or eliminating a historic district, a Historic District Study Committee appointed by the Village Council shall, except as provided in division (C) below, comply with the procedures set forth in division (D) below, shall consider any previously written Committee reports pertinent to the proposed action. To conduct these activities, the village may retain the initial Committee, establish a Standing Committee, or establish a Committee to consider only specific proposed districts and then be dissolved.
(2) The Committee shall consist of seven members appointed by the Village President with the advice and consent of the Village Council. The Committee shall contain a majority of persons who have a clearly demonstrated interest in or knowledge of historic preservation, and shall contain representation from one or more duly organized local historic preservation organizations. If the Committee is to be a Standing Committee, its members shall be appointed for three-year terms, except the initial appointments of two of the members shall be for one year, and two other members shall be for two years.
(C) If considering elimination of a historic district, a Committee shall follow the procedures set forth in this division (C) for issuing a preliminary report, holding a public hearing, and issuing a final report but with the intent of showing one or more of the following:
(1) The historic district has lost those physical characteristics that enabled establishment of the district;
(2) The historic district was not significant in the way previously defined; or
(3) The historic district was established pursuant to defective procedures.
(D) 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 Bureau;
(2) Conduct basic research of each proposed historic district and the historic resources located within that district;
(3) 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 U.S. Secretary of the Interior for inclusion of Resources in the National Register of Historic Places, as set forth in 36 C.F.R. pt. 60, and criteria established or approved by the Bureau, 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 studies;
(d) The boundaries for each proposed historic 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’s Planning Commission and/or Zoning Commission, as required, to the Bureau, to the State Historical Commission, and to the State Historic Preservation Review Board;
(6) Make copies of the preliminary report available to the public pursuant to division (D)(9) below;
(7) (a) Not less than 60 calendar days after the transmittal of the preliminary report, the Committee shall hold a public hearing in compliance with Public Act 267 of 1976, being M.C.L.A. §§ 15.261 to 15.275, as amended. Public notice of the time, date, and place of the hearing shall be given in the manner required by Public Act 267 of 1976, being M.C.L.A. §§ 15.261 to 15.275, as amended.
(b) Written notification shall be mailed by first-class mail not less than 14 calendar days before the hearing to the owners of properties within the proposed historic district as listed on the tax rolls of the village;
(8) After the date of the public hearing the Committee and the Village Council shall have not more than one year, unless otherwise authorized by the Village Council, to take the following actions:
(a) The Committee shall prepare and submit a final report with its recommendations and the recommendations, if any, of the Village Planning Commission and/or Zoning Commission, as required, to the Village Council. If the recommendation is to establish a historic district or districts, the final report shall include a draft of a proposed ordinance or ordinances.
(b) 1. 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 reject an ordinance or ordinances.
2. If the Village Council passes an ordinance or ordinances establishing one or more historic districts, the Village Council shall file a copy of that ordinance or those ordinances, including a legal description of the property or properties located within the historic district or districts, with the Register of Deeds.
3. The Village 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.
(9) A writing prepared, owned, used, in the possession of, or retained by a Committee in the performance of an official function shall be made available to the public in compliance with Public Act 442 of 1976, being M.C.L.A. §§ 15.231 to 15.246, as amended.
(1984 Code, 6-04-050) (Ord. 76, passed 12-12-1978; Ord. 239, passed 9-7-1993)