§ 8-204. Historic districts; establishment; study committee; duties; public hearing; notice; actions; availability of writings to public.  


Latest version.
  • (a)

    The city, from time to time, may, by ordinance, establish one (1) or more historic districts. The historic district commission shall administer the historic districts. Before establishing a historic district, the city council shall appoint a historic district study committee. The committee shall contain a majority of persons who have a clearly demonstrated interest in or knowledge of historic preservation, and shall contain representation from one (1) or more duly organized local historic preservation organizations. The committee shall do all of the following:

    (1)

    Conduct a photographic inventory of resources within each proposed historic district following procedures established or approved by the center.

    (2)

    Conduct basic research of each proposed historic district and the historic resources 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 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 CFR part 60, and criteria established or approved by the center, if any.

    (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 membership.

    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.

    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 local planning body, to the center, to the Michigan Historical Commission, and to the state historic preservation review board.

    (6)

    Make copies of the preliminary report available to the public.

    (b)

    Not less than sixty (60) calendar days after the transmittal of the preliminary report, the committee shall hold a public hearing in compliance with Act No. 267 of the Public Acts of 1976, as amended, being MCL sections 15.261 to 15.275. Public notice of the time, date, and place of the hearing shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended. Written notice shall be mailed by first-class mail not less than fourteen (14) calendar days before the hearing to the owners of properties within the proposed historic district, as listed on the tax rolls of the city.

    (c)

    After the date of the public hearing, the committee and the city council shall have not more than one (1) year, unless otherwise authorized by the city council, to take the following actions:

    (1)

    The committee shall prepare and submit to the city council a final report with its recommendations and the recommendations, if any, of the historic district commission and the planning commission. 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 district or districts, the city council, at its discretion, may introduce and pass or reject an ordinance or ordinances. If the city council passes an ordinance or ordinances establishing one (1) or more historic districts, the city council shall file a copy of that ordinance or those ordinances, including a 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 sixty (60) days after a majority of the property owners within the proposed historic district, as listed on the tax rolls of the local unit, have approved the establishment of the historic district pursuant to a written petition.

(Ord. No. 598, § 1, 9-5-00)