(a) A permit shall be obtained from the zoning official before any work is performed within a historic district affecting the exterior appearance of a resource or affecting the interior arrangements of a resource that will cause visible change to the exterior appearance of a resource.
(b) Application for a permit for work on any resource in a historic district shall be made to the zoning official before any such work is commenced. If the proposed work requires a permit under other city codes or ordinances, no separate application, permit, or fee shall be required under this chapter, except that the approving authority shall not grant the permit until the commission shall review and approve the application.
(c) Before an application shall be accepted as complete, the zoning official shall require that plans and elevations, as deemed necessary, be submitted showing the extent of the proposed change to the district resource in question. The zoning official will review the plans and elevations for compliance with the general guidelines and the applicable preservation standards, and will consult with the applicant in order that proper modifications to the plans or elevations may be made. No permit shall be granted by the zoning official until the commission has acted upon the application as prescribed by this chapter. If the application is denied by the commission, the denial is binding upon the building official and no building permit can be issued by the building official.
(d) The review of any application shall follow the U.S. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as set forth in 36 C.F.R. Part 67. 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 Interior's Standards and Guidelines and are established or approved by the center.
(e) In reviewing applications, the 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.
(4) Other factors, including aesthetic value, which the commission considers pertinent.
(f) The commission shall meet within 45 days after the zoning official has accepted the application as complete to consider the application for approval, denial, or a notice to proceed.
(1) If approval is granted, a certificate of appropriateness shall be issued by the zoning official.
(2) If the commission denies approval of the application, the commission shall create a record of the reasons for denial. The zoning official shall transmit notice of the denial in writing to the applicant by first-class mail, including the reasons for denial and notification of the appeal process. The applicant may make modifications to the application and shall have the right to resubmit the application within 60 days from the date of denial for reconsideration by the commission. No additional fee is required for an application for reconsideration.
(3) The commission may grant a notice to proceed if any of the following conditions prevail and the commission makes a written finding that the proposed work is necessary to substantially improve or correct the conditions:
a. The structure constitutes a hazard to the safety of the public or the occupants.
b. The structure is a deterrent to a major improvement program which will be of substantial benefit to the community.
c. Retention of the structure would cause undue financial hardship to the owner.
d. Retention of the structure would not be in the interest of the majority of the community.
(4) The failure of the commission to take action on an application within 60 days from the date the zoning official accepts the application as complete, unless otherwise mutually agreed upon by the applicant and the commission, shall be deemed to constitute approval and the zoning official shall process the application without regard to a certificate of appropriateness.
(g) Any person jointly or severally aggrieved by a decision of the commission shall have the right to appeal the decision to the state historic preservation review board of the Michigan historical commission within the department of state. The appeal shall be filed within 60 days after the decision is furnished to the applicant. The appellant may submit all or part of the appellant’s evidence and arguments in written form. The review board shall consider an appeal at its first regularly scheduled meeting after receiving the appeal but may not charge a fee for considering an appeal. The review board may affirm, modify or set aside a commission’s decision and may order a commission to issue a certificate of appropriateness or a notice to proceed. A permit applicant aggrieved by the decision of the state historic preservation review board may appeal the decision to the circuit court having jurisdiction over the historic district commission whose decision was appealed to the state historic preservation review board. Any citizen or duly organized historic preservation organization in the local unit, as well as resource property owners, jointly or severally aggrieved by a decision of the historic district commission may appeal the decision to the circuit court, except that a permit applicant aggrieved by a decision of the historic district commission may not appeal to the court without first exhausting the right to appeal to the state historic preservation review board.
(h) Deliberate or irresponsible neglect in maintaining, repairing, or securing of a district resource resulting in any of the following conditions shall constitute demolition by neglect and a violation of this chapter:
(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.
(6) The deterioration of any other exterior architectural feature so as to create or permit the creation of a hazardous or unsafe condition, or conditions, which, in the judgment of the commission, produces a detrimental effect upon the character of the district as a whole and the life and character of the district resource.
(7) The loss of structural integrity of a resource.
(i) Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any district resource within a historic district which does not alter the exterior features of a structure or resource; nor shall anything in this ordinance be construed to prevent work on a district resource under a permit issued by the building official prior to the creation of a historic district as provided herein, except as provided in section 31-6(g).
(j) When work has been done upon a resource without a permit, and the commission finds that the work does not qualify for a certificate of appropriateness, the commission may require an owner to restore the resource to the condition the resource was in before the inappropriate work or to modify the work so that it qualifies for a certificate of appropriateness. If the owner does not comply with the restoration or modification requirement within a reasonable time as prescribed by the commission, the commission may seek an order from the circuit court to require the owner to restore the resource to its former condition or to modify the work so that it qualifies for a certificate of appropriateness. The owner shall be liable for reasonable attorneys fees should the city receive an order for relief in the action. If the owner does not comply or cannot comply with the order of the court, the commission or its agents may enter the property and conduct work necessary to restore the resource to its former condition or modify the work so that it qualifies for a certificate of appropriateness in accordance with the court's order. The costs of the work shall be charged to the owner, and may be levied by the city as a special assessment against the property. When acting pursuant to an order of the circuit court, the commission or its agents may enter a property for purposes of this section.
(Ord. No. 142, 5-19-03)