(A) Establishment of new districts and identifying historic resources. Before establishing a historic district, City Council shall appoint a historic district study committee, through the appointment of a new study committee, establishment of a standing committee, or retention of an initial study committee. The committee shall contain a majority of the persons who have clearly demonstrated interest in or knowledge of historic preservation and shall contain representation from one or more duly organized local historic preservation organizations. The committee shall do the following:
(1) Conduct a photographic inventory of resources within each proposed historic district following procedures established by the center;
(2) Conduct basic research of each proposed historic district and the historic resource located within that district;
(3) Determine the total number of historic and nonhistoric resources within a proposed historic district and the percentage of historic resources of that total. In evaluating the significance of the historic resources, the committee shall be guided by the selection criteria for evaluation issued by the United States Secretary of the Interior for inclusion of resources in the National Register of Historic Places, as set forth in 36 C.F.R. Part 60, and additional criteria in division (F) below;
(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;
(c) The historic district or districts studied;
(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 Planning Commission, to the State Historic Preservation Office, to the Michigan Historical Commission, and to the State Historic Preservation Review Board; and
(6) Make copies of the preliminary report available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, being M.C.L. §§ 15.231 et seq.
(B) Notice of public hearing. Not less than 60 days after transmittal of the preliminary report, the committee shall hold a public hearing in compliance with the Open Meetings Act, Public Act 267 of 1976, being M.C.L. §§ 15.261 et seq. Public notice of the time, date, and place of the hearing shall be given in the manner required by the Open Meetings Act, Public Act 267 of 1976, being M.C.L. §§ 15.261 et seq.
(C) Written notice. Written notice shall be mailed by first-class 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 local unit.
(D) Actions. After the date of the public hearing, the committee and the City Council shall have not more than one year, unless authorized by the City Council, to take the following actions.
(1) The committee shall prepare and submit a final report with its recommendations and the recommendations, if any of the Planning Commission to the City 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.
(2) After receiving a final report that recommends the establishment of a historic or historic districts, the City Council, at its discretion, may introduce and pass or reject an ordinance or ordinances. If City Council passes an ordinance or ordinances establishing one or more historic districts, the city shall file a copy of that ordinance or those ordinances, including the legal description of the property or properties located within the historic district or districts, with the Register of Deeds. The City 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 district, as listed on the tax rolls of the local unit, have approved the establishment of the historic district pursuant to a written petition.
(E) Writing available to the public. A writing prepared, owned, used, in the possession of, or retained by the Historic District Study Committee 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, being M.C.L. §§ 15.231 et seq.
(F) Establishing additional, modifying, or eliminating historic districts.
(1) City 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 shall be appointed by the City Council, and shall follow such procedures applicable to the committee, as established herein. The committee shall consider any previously written committee reports pertinent to the proposed action.
(2) In considering elimination of a historic district, a committee shall follow the procedures set forth in this subchapter for the issuance of a preliminary report, holding a public hearing, and issuing a final report but with the intent of showing one or more of the following:
(a) The historic district has lost those physical characteristics that enabled the establishment of the district.
(b) The historic district was not significant in the way previously defined.
(c) The historic district was established pursuant to defective procedures.
(G) Review of work in proposed districts. Upon receipt of substantial evidence showing the presence of historic, architectural, archaeological, engineering, or cultural significance of a proposed historic district, City Council may, at its discretion, adopt a resolution requiring that all applications for permits within the proposed historic district be referred to the Historic District Commission as prescribed in § 153.539. The Commission shall review permit applications with the same powers that would apply if the proposed historic district was an established historic district. The review may continue in the proposed historic district for not more than one year, or until such time as the City Council approves or rejects the establishment of the historic district by ordinance, whichever occurs first.
(H) Emergency moratorium. If City Council determines that pending work will cause irreparable harm to resources located within an established or proposed historic district, City Council may by resolution declare an emergency moratorium on all such wok for a period not to exceed six months. City Council may extend the emergency moratorium for an additional period not to exceed six months, upon finding that the threat of irreparable harm to resources is still present. Any pending permit application concerning a resource subject to an emergency moratorium may be summarily denied.
(Prior Code, § 153.576) (Ord. D-1418, § 2507, passed 11-22-1982, effective 1-21-1983; Ord. D-1679, passed 11-9-1992, effective 11-19-1992; Ord. O-10, passed 8-11-2003, effective 8-21-2003; Ord. O-144, passed 4-15-2013, effective 4-25-2013; Ord. O-242, passed 12-20-2021, effective 12-30-2021; Ord. O-248, passed 5-9-2022, effective 5-19-2022)