(A) Authority. The Village of Manchester Historic District Commission is hereby established pursuant to Public Act 169 of 1970, as amended (M.C.L.A. §§ 399.201 et seq.), and Public Act 213 of 1957, as amended (M.C.L.A. §§ 399.171 et seq.).
(B) Purpose. Historic preservation is declared to be a public purpose and the Village Council may by ordinance regulate the construction, addition, alteration, repair, moving, excavation, and demolition of resources in historic districts within the village limits. The purpose of this chapter shall be to do 1 or more of the following:
(1) Safeguard the heritage of the village by preserving 1 or more historic districts in the village that reflect elements of the village's history, architecture, archaeology, engineering, or culture.
(2) Stabilize and improve property values in each district and the surrounding areas.
(3) Foster civic beauty.
(4) Strengthen the local economy.
(5) Promote the use of historic districts for the education, pleasure, and welfare of the citizens of the village and of the state.
(C) Organization. The Commission shall consist of 5 members, to be appointed by the President of the Village Council and subject to the approval of the Council. All members shall reside within the village. Members shall be appointed for 3-year terms, except the initial appointments of some of the members shall be staggered so that subsequent appointments shall not reoccur at the same time. Thus, 1 shall be appointed for a 1-year term, 2 shall be appointed for 2-year terms, and 2 shall be appointed for 3-year terms. Members shall be eligible for reappointment. In the event of a vacancy on the Commission, appointments shall be made within 60 calendar days by the President, with the approval of the Village Council, to complete the term of such position. The majority membership shall consist of representative citizens who shall have demonstrated interest in or knowledge of historic preservation and the village's history. The President, with the approval of the Council, may appoint at least 1 member from a list of citizens submitted by a duly organized and existing village preservation society or societies. If available, an architect who is a graduate of an accredited school of architecture and has 2 years of architectural experience, or who is an architect registered in this state; an attorney who is duly registered in the state; a member of the Downtown Development Authority; an owner of property within the district; an owner of a business within the district; and interested persons from the village shall be appointed.
(D) Administrative rules. The Commission shall establish written rules providing for the holding of its meetings and for the election of its officers. The Commission shall adopt its own rules of procedure and shall adopt design review standards and guidelines for resource treatment to carry out its duties under this chapter.
(E) Open Meetings Act. The business that the Commission may perform shall be conducted at a public meeting of the Commission held in compliance with the Open Meetings Act, Public Act 267 of 1976, as amended, being M.C.L.A. §§ 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by Public Act 267 of 1976, as amended. A meeting agenda shall be part of the notice and shall include a listing of each permit application to be reviewed or considered by the Commission.
(F) Freedom of Information Act. The Commission shall keep a record of its resolutions, proceedings, and actions. A writing prepared, owned, used, in the possession of, or retained by the Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, as amended, being M.C.L.A. §§ 15.231 to 15.246.
(G) Functions and duties. The Commission shall carry out the following functions in accordance with its mission to safeguard the heritage of the village, and perform the following duties:
(1) It shall have those duties and powers set forth in this chapter concerning construction, alteration, repair, moving, purchase, maintenance or demolition within a historic district.
(2) It shall have those duties and powers set forth in this chapter concerning the coordination of plans of cities, villages, and townships with its own historic plans.
(3) It shall encourage and cooperate with civic and fraternal groups and other organizations in promoting the village's history, heritage, traditions, and customs through participation in public historical activities, patriotic celebrations or other special events.
(4) As long as the proposed activity meets the purposes set forth in this chapter, it shall encourage and cooperate with merchants, banks, utilities, and other commercial enterprises in the use of local historical material in their advertising and sales promotion, using the Commission's collections, knowledge and skill.
(5) It shall encourage and cooperate with local organizations in the use of historical materials in promoting the welfare of the village.
(6) It shall work with local, county, state or national groups, organizations, agencies, individuals, or units of government in the selection, marking, and/or acquisition of historic structures, sites, districts, objects or items as well as the acquisition, preservation and display of historical material.
(7) It shall represent or serve as a liaison between the Village Council and other organizations interested in the history of the village.
(8) It shall act in a management, administrative, advisory, research, or service capacity for the Village Council in historical matters, subject to the instructions of the Village Council.
(9) It shall advise the Village Council regarding the acceptance by the village of gifts of property, both new and having historical significance, and cooperate in the receipt of such property, funds, and bequests. It will assist with the sale of such resources, attaching protective covenants if necessary.
(10) It shall carry out such special assignments on historical matters as the Village Council may direct from time to time, including the solicitation of grants and bequests for historical purposes by any and all appropriate available means.
(11) It shall not obligate itself or the village in any financial undertaking unless provided with the budget funds for such obligation, or unless first authorized by the Village Council, though it may cooperate with the various other local foundations and societies on the appropriate use, application or expenditure of other society or foundation funds or assets.
(12) It shall report annually and as requested to the Village Council on its activities and the results. The annual report shall be created with promotion and education in mind.
(13) One or more members may serve on or be members of any historic district study committee created pursuant to this chapter. To avoid any conflict of interest, the Commissioners shall act in an advisory capacity to the study committee.
(14) It shall advise the Village Council regarding the possibility of issuing revenue bonds pursuant to Act Public Act 94 of 1933, as amended (M.C.L.A. §§ 125.651 et seq.).
(H) Removal from office. Following a hearing before the Village Council, a member of the Commission may be removed from office upon a showing of just cause. Just cause may include (but not be limited to) failure to attend meetings, failure to follow the provisions of this chapter, or acting upon a matter in which the member had a clear conflict of interest.
(Ord. 175, passed 10-16-1989; Am. Ord. 262, passed 8-6-2007)