§ 38-32. Historic overlay districts.

(a)

Statement of purpose. The purpose of establishing historic overlay districts within the city is to:

(1)

Safeguard the heritage of the city by preserving historic districts as well as the individual buildings, structures, sites and objects within the districts in the city which reflect elements of the city's cultural social, economic, political or architectural history.

(2)

To stabilize and improve property values in the districts.

(3)

To strengthen the local economy.

(4)

To promote the use of historic districts for the education, pleasure and welfare of the citizens of the city and of the state.

(b)

As used in this chapter:

(1)

Alter and alteration mean work that changes the detail of a resource but does not change the basic size or shape. Alteration includes any action requiring a building permit or site modification under all current city ordinances.

(2)

Destruction means the razing or demolition, whether entirely or in part, of a resource, and includes, but is not limited to, destruction by neglect.

(3)

Destruction by neglect means neglect in maintaining, repairing or securing a resource that results in deterioration of an exterior feature of the resource or the loss of structural integrity of the resource.

(4)

Historic resource means a publicly or privately owned building, structure, site, object, feature or open space that is significant in the history, architecture, culture, or beauty of the city.

(c)

The city historic overlay districts shall be those areas already designated as national historic districts within the city. The districts are identified on maps maintained in the office of the city clerk and include:

(1)

The Oliver Street Historic District;

(2)

The Westown Historic District;

(3)

The Michigan Avenue Historic District; and

(4)

The Mason Street Historic District.

(d)

Although it is not officially registered as a national historic district, downtown Owosso shall also constitute a historic overlay district for the purposes of this section. The downtown historic overlay district is described below:

Beginning at the intersection of the south line of Mason Street and the west line of Washington Street, thence westerly to the east bank of the Shiawassee River, thence southwesterly along the east bank of the river to a point two hundred fifty (250) feet southerly of the Main Street right-of-way, thence northeasterly on a line perpendicular to Water Street and extended to the centerline at Water Street, thence southwesterly along the centerline of Water Street to the intersection of the north line of Comstock Street, thence east to the intersection of the west line of Park Street, thence north to the intersection of the north line of East Exchange Street, thence west to the west line of Washington Street, thence north to the point of beginning.

(e)

Whenever this chapter directs the planning commission, city council or zoning board of appeals to engage in a review and approval process of any proposed action to a structure, building or site, whether publicly or privately owned, within the city, the aforementioned public bodies shall consider whether the proposed action poses an adverse impact upon a historic resource located within the historic overlay district or whether the proposed action poses an adverse impact upon the historic overlay district itself. This section specifically includes any review and approval process necessary or ancillary to an expenditure of public funds or capital improvements.

(1)

The standards for judging adverse impact shall include:

a.

Whether the proposed action involves the destruction or alteration of all or any significant part of the historic resource.

b.

Whether the proposed action involves the alteration of the surrounding environment when the significance of the historic resource is derived from its relationship to its site.

c.

Whether the proposed action involves the introduction of visual or audio elements that are out of character with the property and its setting.

d.

Whether the proposed action would destroy or erode the integrity or the significance that was the basis for the historic resources designation as a historic resource.

(Ord. No. 584, § 1, 6-21-99)