• Section 6.23 Historic Overlay District Regulations.
   Any resident, or group of residents, residing within the City of Howell, may petition the Planning Commission for Historic Overlay District designation. Upon receiving the designation, all future construction, reconstruction, alteration, moving or demolition shall comply with the regulations of this section.
   (a)   Regulations for All Structures. The following standards apply to all structures and uses in the HL-1 and HL-2 districts:
      (1)   Standards for Approval. The following standards shall apply to all proposed construction, reconstruction, alteration, moving or demolition:
         A.   Submit a site plan for consideration by the Planning Commission.
         B.   Where the Planning Commission deems it necessary, it may hold a public hearing concerning the application.
         C.   The Planning Commission shall consider the following:
            1.   The historical or architectural value and significance of the structure and its relationship to the historical value of the surrounding area;
            2.   The relationship of the exterior architectural features of the structure to the rest of the structure and the surrounding area;
            3.   The general compatibility of exterior design, arrangement texture and materials proposed to be used; and
            4.   Other factors, including aesthetic value, which the Planning Commission considers pertinent.
         D.   If the Planning Commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall approve the application.
         E.   If the Planning Commission determines that the site plan is not appropriate, the minutes shall reflect the reasons for such determination.
      (2)   Permitted Repairs and Restorations.
         A.   Original Appearance. Repairs may be made to the exterior of any significant or contributing historic structure, or noncontributing structure, if the repairs will not change the appearance and type of materials of any part of the structure. A change in the appearance of such structures by repair or replacement will be permitted if the result is the restoration of the structure to a documented earlier or original condition.
         B.   Mortar Repair. Repointing of defective mortar shall match the original mortar in color, profile and texture.
         C.   Roofs. Except for roofs made of slate, metal or terra cotta, roofing materials may be replaced.
         D.   Surface Covering. Surfaces that are currently painted or stained may be repainted or restained. Surfaces which are currently covered with wood, vinyl or aluminum siding may be repaired with the same materials as currently exist.
         E.   Awnings, Windows and Doors. Existing awnings may be repaired and replaced. Windows, storm windows and doors may be repaired and replaced, provided that the size of the opening does not change and that all frames are painted.
         F.   Porches, Trim and Architectural Features. Porches, trim and architectural features may be repaired or replaced with materials of the same type, style and texture as the original.
         G.   Emergency Repairs. This section shall not be deemed to prevent the construction, reconstruction, alteration, restoration or demolition of any feature that the Zoning Administrator or a similar official certifies is required because of a threat to the public safety due to an unsafe or dangerous condition.
      (3)   Demolition. The following standards shall apply to all structures within the District:
         A.   No person shall demolish or move a significant, contributing or noncontributing structure, unless such demolition or move is approved by the Planning Commission. The Planning Commission may approve such demolition or move if it receives satisfactory evidence that the structure in question will be replaced by a structure having a design that is consistent with the historic architecture of the District.
         B.   Deliberate or irresponsible neglect of a building or structure resulting in any of the following conditions shall constitute demolition by neglect and shall be a violation of this section.
            1.   The deterioration of exterior walls or other vertical supports;
            2.   The deterioration of roofs or other horizontal members;
            3.   The deterioration or crumbling of exterior plaster or mortar;
            4.   The deterioration of exterior chimneys;
            5.   The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows and doors; or
            6.   The deterioration of any exterior architectural feature so as to create or permit the creation of a hazardous or unsafe condition which, in the judgment of the Planning Commission, produces a detrimental effect upon the character of the structure.
      (4)   Standards. The following standards shall apply to all structures within the District:
         A.   Air Conditioning Units. Air conditioning machinery for central units shall be screened from view on all sides, and window air conditioning units may only be used where such units are not visible from the street, either by locating such units in windows hidden from street view or by screening them as aforesaid. Window air conditioning units in rooms used for residential purposes only are exempt from this subsection.
         B.   Fences. Chain link or similar security-type wire fencing is prohibited on corner lots and within fifty (50) feet of the front lot line for all other properties. Other types of fencing shall be subject to Section 5.11.
         C.   Vegetation. Natural trees, shrubs, vines and other vegetation may be installed, removed, trimmed and otherwise maintained, except that trees having a trunk diameter greater than twelve (12) inches at fifty-four (54) inches above grade level may be removed only after permission is granted by the Zoning Administrator upon a determination that the tree is diseased, dead or dangerous.
         D.   Skylights. Skylights and dormers may be installed on roofs not facing a street. Except on rear-facing or flat roofs, skylights must have glazing which is parallel to the roof surface. Flanges of skylights shall not extend more than six (6) inches above the roof surface.
         E.   Openings. The addition of new openings, such as windows and doors, or enlargement of existing openings, may be made to facades not facing a street. The addition of new openings or enlargement of existing openings may be made to facades facing a street only when such change adds to the historical or architectural value and significance of the structure.
         F.   Additions. Additions may be made to building facades not facing a street. Additions may be made to building facades facing a street only when such addition adds to the historical or architectural value and significance of the structure.
         G.   Surface Covering. Unpainted brick, terra cotta or stone shall not be painted or otherwise covered. Otherwise, new materials of any kind may be applied to existing wall surfaces, provided that:
            1.   The width of all new materials covering wooden or clapboard siding, window and door frames, eaves, fascia, corners and skirt or drip boards shall be within one (1) inch of the original.
            2.   Resurfacing materials applied to the exterior of any existing building shall not conceal or require the removal of any original architectural detail associated with barge boards, brackets, ornamental shingle work or other similar features.
      (5)   Recommended Restoration. The following restoration practices are encouraged to allow all buildings within the District to conform more closely to their original appearance.
         A.   Replacement of excessively deteriorated details with new material that is visually identical to the original;
         B.   Uncovering of original wooden shingles, clapboard, board and batten siding;
         C.   Changes in exterior siding and in the form of windows and doors, porches, trim and ornamentation where evidence of the original appearance is available;
         D.   Preservation of original glass in windows and doors;
         E.   Replacement of concrete steps and metal banisters with wood where such replacement is in keeping with the architectural character of the building;
         F.   Location or relocation of air conditioners, meter boxes and similar mechanical equipment so as not to be visible from the street;
         G.   Removal of non original materials from front and side facades, especially plastic, fiberglass, imitation stone or aluminum; and
         H.   Maintenance of original interior woodwork, including windows, doors, frames, banisters, staircases, open stairwells, original light fixtures, ornamental plaster work, hardware, marble bathroom fixtures, fireplaces, mantelpieces and hearths.
         I.   Unpainted woodwork should not be painted.
   (b)   Regulations for Non-Residential Structures in the HL-1 District.
      (1)   Standards.
         A.   Barrier-Free Ramps. Barrier-free ramps conforming to the architectural style of a building in the District may be used, if required by State authority, or at the discretion of the property owner, to provide access to the building. Any variances from barrier-free building requirements must be obtained from the State.
         B.   Fire Escapes. No person shall install a fire escape on the street facade of a building in the District. Fire escapes on side facades may be installed only with the prior approval of the Planning Commission.
      (2)   Parking. Parking requirements for uses permitted in the underlying zoning district are provided in Article 10. In addition, the following standards shall apply:
         A.   The Planning Commission may increase or decrease required parking in order to meet the purposes of this section and protect the public health and safety.
         B.   Parking shall not be permitted in a front or side yard.
         C.   Parking areas shall have appropriate means of vehicular access to a street as well as maneuvering areas. No driveway or curb cut shall exceed thirty (30) feet in width, and detailed plans shall be submitted to the Planning Commission for approval before a permit may be obtained therefore. Such parking areas shall be paved with an asphaltic or concrete surfacing, afford adequate drainage and have bumper guards where needed.
         D.   Parking areas shall be used only for automobile, light truck and bicycle parking for the business invitees, employees, proprietors and residents of a building.
         E.   If lighting is provided, it shall be arranged to reflect away from the residential area and from any public street or highway.
         F.   Additional screening of parking areas by a hedge or sightly fence or wall, not less than five (5) feet high nor more than seven (7) feet high, located in back of the setback building lines, may be required to conceal such parking areas from the street, from the sides and from the rear.
      (3)   Signs. Requirements of the District relating to signs are provided in Article 7.
   (c)   Variances and Appeals. Persons aggrieved by any decision of the Zoning Administrator or the Planning Commission in the enforcement of this section may appeal such decision to the Board of Zoning Appeals. Applications for variances from the strict application of this section may also be made to the Board.