[HISTORY: Adopted by the Village Council
of the Village of New Haven 5-25-1995 by Ord. No. 254. Amendments noted where
applicable.]
The Village of New Haven hereby declares historical
preservation to be a public purpose which the Village of New Haven
desires to foster and promote. Pursuant to the provisions of Act No.
169 of the Public Acts of 1970,[1] as amended, the Village Council of the Village of New
Haven promulgates and adopts the within chapter to regulate the construction,
alteration, repair, moving and demolition of historic and nonhistoric
structures located within the Historic District established by this
chapter. The purposes of this chapter shall be to:
A.
Safeguard the heritage of the Village of New Haven
by preserving a district in the Village of New Haven which reflects
elements of the Village of New Haven's cultural, social, economic,
political or architectural history.
B.
Stabilize and improve property values in the Historic
District established by this chapter.
C.
Foster civic beauty.
D.
Strengthen the local economy.
E.
Promote the use of historic districts for the education,
pleasure and welfare of the citizens of the Village of New Haven and
the State of Michigan.
[1]
Editor's Note: See MCLA § 399.201
et seq.
Pursuant to the provisions of Act No. 169 of
the Public Acts of 1970, as amended, the Village of New Haven hereby
designates and establishes as an Historic District the lands and properties
in the Village of New Haven as set forth and described in Exhibit
A, which is attached hereto and made an integral part of this chapter.[1]
[1]
Editor's Note: Exhibit A is on file in the
Village offices.
No structure shall be constructed, altered,
repaired, moved or demolished in the Historic District established
by this chapter unless such construction, alteration, repairing, moving
or demolition complies with the requirements set forth in this chapter.
Nothing in this chapter shall be construed to prevent ordinary maintenance
and repair or to prevent or regulate the painting of the exterior
of any structure within the Historic District established by this
chapter. In addition, nothing in this chapter shall be construed to
prevent construction, alteration, repair, moving or demolition of
any structure under a permit issued by the Building Inspector of the
Village of New Haven prior to the passage and adoption or the effective
date of this chapter.
A.
Creation of Historic District Commission. In order
to execute and carry out the purposes of this chapter, there is hereby
created a commission to be called the “Historic District Commission.”
B.
Membership of Historic District Commission; appointment;
terms of office; filling of vacancies; removal from office. The Historic
District Commission created by this chapter shall consist of the members
of the Planning Commission of the Village of New Haven. Members of
the Historic District Commission may be removed from office for cause
by the President of the Village of New Haven with the consent of the
Village Council upon written charges and after a public due process
hearing.
C.
Meetings of Historic District Commission. The business
which the Historic District Commission may perform under this chapter
and pursuant to Act No. 169 of the Public Acts of 1970, as amended,[1] shall be conducted at a public meeting of the Historic
District Commission held in compliance with the Open Meetings Act,
Act No. 267 of the Public Acts of 1976, as amended.[2] Public notice of the time, date and place of the meetings
of the Historic District Commission shall be given in the manner required
by Act No. 267 of the Public Acts of 1976, as amended.
D.
Records of the Historic District Commission. The Historic
District Commission shall keep a record of its resolutions, proceedings
and actions. A writing prepared, owned, used, in the possession of,
or retained by the Historic District Commission in the performance
of an official function shall be made available to the public in compliance
with the Freedom of Information Act, Act No. 442 of the Public Acts
of 1976, as amended.[3]
[3]
Editor's Note: See MCLA § 15.231
et seq.
E.
Rules and standards. The Historic District Commission
shall adopt its own rules of procedure and shall adopt design review
standards for structure treatment to carry out its duties under this
chapter and under Act No. 169 of the Public Acts of 1970, as amended.
F.
Election of Chairperson and Vice Chairperson. The
Historic District Commission shall elect from its membership a Chairperson
and a Vice Chairperson, who shall serve in such capacities for the
term as fixed by the Historic District Commission. The Chairperson
shall preside over the Historic District Commission and shall chair
the meetings of the Historic District Commission. The Chairperson
shall have the right to vote on all matters coming before the Historic
District Commission unless precluded by law. The Vice Chairperson
shall, in the absence or disability of the Chairperson, perform the
duties and functions of the Chairperson.
G.
Quorum and voting requirements; special meetings.
Five members of the Historic District Commission shall constitute
a quorum for the transaction of business at a meeting of the Historic
District Commission. No motion or resolution shall be adopted or passed,
nor shall any other official action be taken by the Historic District
Commission, except by the affirmative vote of at least five members
of the Historic District Commission. Special meetings of the Historic
District Commission may be called by the Chairperson or by at least
five of the members of the Historic District Commission.
H.
Annual report of Historic District Commission. The
Historic District Commission shall prepare and submit to the President
and the Village Council of the Village of New Haven an annual report
which shall detail and describe the activities of the Historic District
Commission during the previous year.
I.
Funding; budget. The Village Council of the Village
of New Haven may allocate Village funds to be used by and administered
by the Historic District Commission. The Historic District Commission
shall prepare and submit to the Village Council an annual budget,
which shall be subject to the review and approval of the Village Council.
The annual budget of the Historic District Commission shall be submitted
to the Village Council as required by the Village Charter and as prescribed
by the Village Council. All funds and accounts of the Historic District
Commission shall be audited on an annual basis as part of the annual
audit procedure of the Village of New Haven.
A.
Application for permission; review by Historic District
Commission. Before construction, alteration, repair, moving or demolition
affecting the exterior appearance of an historic or nonhistoric structure
is done within the Historic District, for which a permit is required
under the ordinances and laws of the Village of New Haven, the person,
individual, firm or corporation proposing to do such construction,
alteration, repair, moving or demolition shall first file with the
Village of New Haven an application for permission. The application
for permission, together with plans pertaining to the application
for permission, shall be referred by the Village to the Historic District
Commission within seven business days after receipt by the Village.
The Historic District Commission shall review the application for
permission, together with all plans and documentation accompanying
such application for permission. A permit for the proposed construction,
alteration, repair, moving or demolition shall not be granted by the
Village until the Historic District Commission has acted on the application
for permission as prescribed in this chapter and as provided in Act.
No. 169 of the Public Acts of 1970, as amended. If the ordinances
and laws of the Village of New Haven do not require the taking out
of a permit for the proposed construction, alteration, repair, moving
or demolition, then application for permission shall be made directly
to the Village Council of the Village of New Haven, which shall refer
the application for permission, together with any plans or other documentation
pertaining to the application for permission, to the Historic District
Commission for review. All applicants submitting an application for
permission shall also submit plans showing the structure in question
and indicating how the proposed construction, alteration, repair,
moving or demolition would change or affect the structure in question.
Notwithstanding any other terms or provisions of this chapter, it
is expressly provided herein that the painting of the exterior of
any structure located within the Historic District shall not be subject
to regulation or control under this chapter and shall not require
the filing of an application for permission with respect thereto and
shall not require the issuance of a certificate of approval from the
Historic District Commission under the provisions and requirements
of this chapter.
B.
Considerations on review by Historic District Commission.
In reviewing an application for permission and plans submitted under
this chapter, the Historic District 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 to the surrounding
area.
(3)
The general compatibility of the exterior design,
arrangement, texture and materials proposed to be used, excluding
any consideration with respect to the painting of the exterior of
the structure.
(4)
Other factors, including aesthetic value, which the
Historic District Commission considers pertinent, but expressly excluding
any consideration with respect to the painting of the exterior of
the structure.
C.
Review limited to exterior features of structure.
The Historic District Commission shall consider only exterior features
of a structure, excluding the painting of the exterior of a structure,
and shall not consider interior arrangements unless such interior
arrangements shall affect or impact upon the exterior features of
the structure.
D.
Plan for preservation of structure. If an application
for permission is for repair or alteration affecting the exterior
appearance of a structure or if an application for permission is for
the moving or demolition of a structure which the Historic District
Commission considers so valuable to the Village of New Haven, State
of Michigan or the nation that its loss adversely affects the public
purpose of the Village of New Haven, State of Michigan or the nation,
the Historic District Commission shall attempt to establish with the
owner of the structure an economically feasible plan for preservation
of the structure.
E.
Grounds for approving application for permission.
An application for permission for repair or alteration affecting the
exterior appearance of an historic or nonhistoric structure within
the Historic District, or for moving or demolition of the structure,
shall be approved by the Historic District Commission if any of the
following conditions prevail and if, in the opinion of the Historic
District Commission, the proposed changes will materially improve
or correct these conditions:
(1)
The structure constitutes a hazard to the safety of
the public or to the structure's occupants.
(2)
The structure is a deterrent to a major improvement
program which will be of substantial benefit to the community.
(3)
Retention of the structure will cause undue financial
hardship to the owner.
(4)
Retention of the structure is not in the interest
of the majority of the community.
F.
Review procedure.
(1)
The Historic District Commission shall meet within
14 days after receiving notification from the Village and/or the Village
Council that an application for permission and plans relating thereto
have been submitted and filed by an applicant under this chapter,
unless otherwise mutually agreed upon by the applicant and the Historic
District Commission. The Historic District Commission shall review
the application for permission and the plans relating thereto in accordance
with the duties and powers conferred upon the Historic District Commission
under this chapter and under Act No. 169 of the Public Acts of 1970,
as amended.[1] In reviewing an application for permission and plans relating
thereto, the Historic District Commission may confer with the applicant
and shall have the authority to consult with experts to aid in its
deliberations, within budget constraints, and shall also be permitted
to consult with the President, the Village Council, the Planning Commission,
the Village inspectors, and the various department heads of the Village
of New Haven.
[1]
Editor's Note: See MCLA § 399.201
et seq.
(2)
The Historic District Commission shall act upon an
application for permission and plans relating thereto within 60 days
after the date of such application for permission, unless an extension
is agreed upon mutually by the applicant and the Historic District
Commission. Upon reviewing an application for permission and plans
relating thereto, the Historic District Commission shall vote to either
approve or disapprove said application for permission in accordance
with the review requirements and guidelines set forth in this chapter.
The Historic District Commission shall reduce its decision of approval
or disapproval to writing, which such writing shall state the reasons
for the action taken by the Historic District Commission. A copy of
such written decision and the reasons in support thereof shall be
filed with the Village of New Haven within five business days after
the Historic District Commission's action. The Historic District Commission
shall also furnish to the applicant a copy of such written decision
and the reasons in support thereof within five business days after
the Historic District Commission action. The written decision and
the reasons in support thereof required of the Historic District Commission
herein shall be called a certificate of approval or a certificate
of rejection, as the case may be.
(3)
The Historic District Commission shall also file with
the Building Inspector of the Village of New Haven or other duly delegated
authority its certificate of approval or certificate of rejection
with respect to any application for permission and plans relating
thereto which have been submitted to the Historic District Commission
for its review. No work shall begin until the certificate is filed,
but in the case of rejection, the certificate is binding on the Building
Inspector or other duly delegated authority and no permit shall be
issued in such case.
(4)
Upon issuing a certificate of rejection, the Historic
District Commission may advise the applicant what the Historic District
Commission would consider proper and/or acceptable to the Historic
District Commission with respect to an application for permission
and plans relating thereto. In such case, the applicant may make modifications
to the applicant's application for permission and plans relating thereto
and said applicant shall have the right to resubmit its modified application
for permission and plans relating thereto to the Historic District
Commission for its review and action under this chapter.
(5)
All meetings and deliberations of the Historic District
Commission shall be open to the public and any person or such person's
duly constituted representative shall be entitled to appear before
the Historic District Commission and be heard on any matter coming
before the Historic District Commission before the Historic District
Commission reaches a decision thereon.
(6)
The failure of the Historic District Commission to
act within 60 days after the date of an application for permission
filed with it shall be deemed to constitute approval of such application
for permission, unless an extension is agreed upon mutually by the
applicant and the Historic District Commission.
(7)
The Historic District Commission shall not disapprove an application for permission due to considerations not prescribed in § 300-5B of this chapter.
(8)
A building permit or other permit for the construction,
alteration, repair, moving or demolition of a structure shall not
be issued to an applicant until a certificate of approval with respect
thereto has been issued by and filed by the Historic District Commission
in accordance with the requirements of this chapter.
Any persons jointly or severally aggrieved by
a decision of the Historic District Commission shall have the right
to bring such matter before the Village Council for such relief as
may be granted by the Village Council as provided by state statutes
or local ordinances. In addition thereto, all such persons shall have
the same rights of appeal concerning the decision as are granted to
an applicant aggrieved by a decision of a zoning board of review under
Michigan law.
If all efforts by the Historic District Commission
to preserve an historic structure fail, or if it is determined that
public ownership is most suitable, the Village Council of the Village
of New Haven, if deemed to be in the public interest, may acquire
such property using public funds, gifts for historical purposes, grants
from the state or federal governments for acquisitions of historic
properties, or proceeds from revenue bonds issued for historical purposes.
Such acquisitions shall be based on the recommendation of the Historic
District Commission. The Historic District Commission has responsibility
for the maintenance of publicly owned historic structures using its
own funds, if not specifically earmarked for other purposes, or those
public funds committed for such use by the Village Council of the
Village of New Haven.
The Village Council of the Village of New Haven
may accept grants from the state or federal governments for historical
restoration purposes. The Village Council may accept public or private
gifts for historical purposes. The Village Council may, by official
resolution and motion, make the Historic District Commission its duly
appointed agent to accept and administer grants and gifts for historical
preservation purposes.
Due to peculiar conditions or design and construction
in historic neighborhoods where structures were often built close
to lot lines, it may be in the public interest to retain a neighborhood's
historic appearance by making and/or granting variances to normal
yard requirements. Where it is deemed that such variances will not
adversely affect neighborhood properties, the Historic District Commission
may recommend to the Zoning Board of Appeals that such variances to
standard or normal yard requirements be made; any such recommendations
made by the Historic District Commission to the Zoning Board of Appeals
shall merely be advisory in nature and shall in no way restrict the
duties, powers or authority of the Zoning Board of Appeals in such
matters.
Nothing contained in this chapter shall be construed
as a limitation on the power and authority of the Village of New Haven
to take reasonable and necessary actions to promote and protect the
public health, safety and welfare with respect to structures located
within the Village of New Haven.
It is expressly provided that this chapter shall
remain in effect for a period of one year from and after the effective
date of this chapter, to wit, until the 25th day of May, 1996, at
which time this chapter shall automatically expire and cease to be
of any further effect unless, prior to the expiration of said one-year
period, the Village Council shall adopt an ordinance ratifying and
affirming the within chapter, in which case this chapter shall then
continue to remain in effect beyond the expiration of said one-year
period until and unless this chapter is otherwise repealed or amended
by the Village Council of the Village of New Haven.
