[Ord. No. 1207, 2-18-1998]
The purpose of this article is to safeguard the heritage of
the City by preserving districts or individual sites which relate
elements of the cultural, social, economic, political or architectural
history; stabilize and improve property values; foster civic beauty
and pride; strengthen the economy.
[Ord. No. 1207, 2-18-1998]
ALTERATION
Work that changes the detail of a resource but does not change
its basic size or shape.
CENTER
The Michigan Historical Center of the Michigan Department
of State, formerly known as the Bureau of History.
CERTIFICATE OF APPROPRIATENESS (COA)
The written approval of a permit application to apply for
a building permit if required, for work that is determined to be appropriate
and that does not adversely affect a resource.
COMMISSION
The Historic District Commission which is responsible for
implementing Public Act 169 of 1970 as amended and the City's historic district ordinance for the City
of Holland.
COMMITTEE
A historic district study committee appointed by the City
Council.
DEMOLITION
The razing of a resource, whether entirely or in part, which
may include, but is not limited to demolition by neglect.
HISTORIC DISTRICT
An area, or group of areas not necessarily having contiguous
boundaries, that contains one resource or a group of resources that
are related by history, architecture, archaeology, engineering or
culture.
HISTORIC LANDMARK
Any structure, site, object, feature, or open space that
is significant in the history, architecture, archaeology, engineering,
or culture of this City, state, or of the United States. A landmark
is a historic district as defined in this section which contains only
one resource.
HISTORIC RESOURCE
A structure, site, object, feature, or open space that is
significant in the history, architecture, archaeology, engineering,
or culture of this City, state, or of the United States.
NOTICE TO PROCEED
Authorization to perform work that does not qualify for a
COA but may legally be accomplished following conferral of this document.
OPEN SPACE
Undeveloped land, a naturally landscaped area, or a formal
or man-made landscaped area that provides a connective link or a buffer
between other resources.
ORDINARY MAINTENANCE
Keeping a resource unimpaired and in good condition through
ongoing minor intervention to the exterior of a resource. Ordinary
maintenance does not change the exterior appearance of the resource
except through the elimination of the usual and expected effects of
weathering. Ordinary maintenance does not constitute work for purposes
of this act.
REPAIR
To restore a decayed or damaged resource to a good or sound
condition by any process. A repair that changes the external appearance
of a resource constitutes an alteration for purposes of this act.
RESOURCE
A building, structure, site, object, feature or open space
located within a historic district, or described as a historic landmark.
WORK
Construction, addition, alteration, repair, moving, excavation
or demolition.
[Ord. No. 1207, 2-18-1998; Ord. No. 1235, 2-3-1999; Ord. No. 1281, 6-21-2000; Ord.
No. 1320, 10-17-2001; Ord. No. 1446, 3-1-2006; Ord. No. 1548, 7-7-2010]
The historic districts of the City of Holland are hereby established
pursuant to Act 169 of the Public Acts of 1970 as amended, and shall
be legally described as follows:
(1) Properties of the Holland Historic District: Those portions of the
Original Plat of the City of Holland, Ottawa County, Michigan, described
as Lot 5, Lot 6, the east 62.5 feet of Lot 7, and Lots 10 through
16, also the south 20 feet of Lot 9 of Block 47; also, all of Block
48; also, all of Block 56; also, all of Block 57, except the east
98 feet of Lot 1 and the east 163.4 feet of Lot 6 thereof. Also included
are those portions of the West Addition to the City of Holland as
described as the south one-half of Block E, except the north 14 feet
of Lot 16 thereof; also, the south one-half of Block F; also, all
of Block G and all of Block H. Also included are those portions of
the Southwest Addition to the City of Holland described as the south
one-half of Block 4, except the north 55 feet of the west 42 feet
thereof; also, all of Block 5; also, Lots 1 through 8 and Lots 16
through 18 of Block 8; also, all of Block 9; also, Block 5 of Assessor's
Plat No. 2 except Lots 1, 27, 28, 29, 30 and 31 thereof; also, Lots
1 through 28 of Vander Veen's Subdivision and Lots 1 through 5 of
Block 6 of Assessor's Plat No. 2 (being that entire block bounded
by 15th and 16th Streets and River and Pine Avenues). Part of the
SW 1/4 Sec. 29-5-15 of the Original Town Plat, designated as Market
Square, now known as Centennial Park; also, the north 1/2 of Block
55, Original Town; also, that part of Block 49, Original Town, described
as the west 45.5 feet of Lot 7 and Lot 8 except the east 121 feet,
all of Lots 8 and 9 and all of Lot 10, except the east 40 feet; also,
that portion of Block 54, Original Town, described as the west 3.38
feet of Lot 2 and all of Lots 3 through 7 thereof. For purposes of
district continuity, the foregoing descriptions shall be deemed to
extend to the center lines of any streets or highways adjacent thereto.
(2) Properties of the Washington Boulevard Historic District: Those portions
of the original plat of the City of Holland, Ottawa County, Michigan,
described as the west 21 feet of Lot 2 and Lots 3, 4, 5 of Steketee
Brothers Addition; Lots 1 through 5 and Lots 11 and 12 of Block 18
of the Southwest Addition; Lot 12 and the east 20 feet of Lot 11 and
Lots 1 and 2 and the east five feet of Lot 3, Block 13, Southwest
Addition; Lots 1, 11 and 12 of Block 12, Southwest Addition; Lots
1 through 6 and Lots 11 and 12, Block 7, Southwest Addition; Lots
1 through 3 and lots 7, 8 and the north 25.7 feet of Lot 9, Block
5 Hope College Addition; all of Block 6, Southwest Addition; all of
Block 4, Hope College Addition; all of Block 3, Southwest Addition;
all of Block 3, Hope College Addition; all of Block 2, Southwest Addition;
all of Block 2, Hope College Addition; Lots 7 and 8, Tannery Addition;
Lots 8 through 11 and the west 41.25 feet of lot 12, Block B, West
Addition; Lots 3 through 12 of Block C, West Addition and all of Block
1, Southwest Addition; Lots 1 through 7, Block F, West Addition; Lots
1, 2 and the north 55 feet of the west 42.3 feet of Lot 3, Block 4,
Southwest Addition; Lots 9 through 15, Block 8, Southwest Addition;
the north 106 feet of Lot 1, Lot 2 except the east 12 feet of the
south 26 feet thereof, and Lots 3 through 10, Block 11, Southwest
Addition; Lot 9 and the west 50 feet of Lot 10, Block 14, Southwest
Addition; the west 45 feet of Lot 9 and the west 44 feet of Lot 10,
Block 17, Southwest Addition.
For purposes of continuity, the foregoing descriptions shall
be deemed to extend to the center line of any streets, alleys or highways
adjacent thereto.
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(3) Van Raalte Farm Historic District: The north 3/4 of the northeast
1/4 of the northeast 1/4 of Section 34, T5N, R15W, City of Holland,
Ottawa County, Michigan (consisting of approximately 30 acres) and
also commonly described as 1076 East 16th Street, Holland, Michigan.
(4) Landmark Properties: City Greenhouses, 22nd at Central. That part
of the SE 1/4 of the NW 1/4 of Sec. 32, Town 5 North, Range 15 West,
bounded on the east by Central Avenue and on the south and west by
State Street, and on the north by 20th Street, Ottawa County, Michigan.
(5) Keppel's Village Historic District. The district is located within
Section 29, Town 5 North, Range 15 West, Block 58 of the Plat of the
Village, now City of Holland. The District consists of platted Lots
1, 2 and 10 of Block 58, the original plat of the Village, now City
of Holland, plus Lot 9 except the west 10 feet thereof, designated
as Permanent Parcel Numbers: 70-16-29-379-006, 70-16-29-379-009, 70-16-29-379-010,
70-16-29-379-011, 70-16-29-379-012, and 70-16-29-379-013, The proposed
district is also described as the lots fronting the west side of Central
Avenue between 13th Street and 14th Street as well as the first lots
to the west of these lots on the same block on both 13th and 14th
streets. The district also includes the lot on the northeast corner
of 13th Street and Central Avenue that is occupied by a duplex constructed
in 1966.
[Ord. No. 1207, 2-18-1998; Ord. No. 1385, 5-12-2004]
(1) Pursuant to P.A. 169 of 1970, as amended, a Historic District Commission
consisting of seven members who shall be residents of the City shall
be appointed by the Mayor, with approval of City Council. Members
shall be appointed for three-year terms with initial appointments
of lesser duration staggered for the first three years. Members shall
be eligible for reappointment, not to exceed two consecutive full
terms. To the extent available, one member shall be a graduate of
an accredited school of architecture, who has two years of architectural
experience or who is an architect registered in this state. After
expiration of an architect member's initial term and renewal term,
the architect may be reappointed to the Commission to serve an additional
renewal term(s) in the event that no suitable architect residing in
the City of Holland is able or willing to serve as a member of the
HDC. Three members of the Commission shall be representative of the
district or districts by either residing or owning property therein.
(2) The Commission shall establish organizational and operating procedures
including the adoption of a meeting schedule. The Commission may adopt
its own rules of procedure and may adopt design guidelines.
(3) The Commission may also undertake the following:
(a)
Assist and collaborate in studies and programs designed to identify
and evaluate the structure, site and areas worthy of preservation.
(b)
Consult with and consider the ideas and recommendations of civic
groups, public agencies and citizens interested in historic preservation.
(c)
Inspect and investigate structures, sites and areas in which
the Commission has reason to believe worthy of preservation.
(d)
Disseminate information to the public concerning those structures,
sites and areas worthy of preservation and encourage and advise property
owners regarding the protection, enhancement, perpetuation and use
of resources in the district and other officially recognized properties
of historic interest.
(e)
Consider methods other than those provided in this chapter for
encouraging and achieving historic preservation and make recommendations
to City Council and other public and private bodies and agencies related
thereto.
(f)
Use its own funds, gifts, state and federal grants or other
resources received for historic preservation purposes in accordance
with the purposes of this chapter.
[Ord. No. 1207, 2-18-1998]
(1) Before proceeding with any work affecting the exterior appearance
of a resource or interior work which will cause visible changes to
the exterior of the resource, a certificate of appropriateness (COA)
is required. An application for a COA shall be submitted by the property
owner to the department of community services and development and
shall be reviewed and decided by the Commission.
(2) In reviewing plans, the Commission shall follow the U.S. Secretary
of Interior's Standards for Rehabilitation and guidelines for rehabilitating
historic buildings, as set forth in 36 CFR Part 67, and consider the
following:
(a)
The historic or architectural value and significance of the
resource and its relationship to the historic value of the surrounding
area.
(b)
The relationship of any architectural features of the resource
to the rest of the resource and to the surrounding area.
(c)
The general compatibility of design, arrangement, texture, and
materials proposed to be used.
(d)
Other factors, such as aesthetic value, that the Commission
considers relevant.
(3) When an application is submitted for work affecting the exterior
of a resource considered by the Commission to be so valuable to the
local unit, state, or nation that its alteration or loss adversely
affects the public purpose of the local unit, state, or nation, the
Commission shall attempt to establish with the owner of the resource
an economically feasible plan for preservation of the resource.
(4) The Commission shall issue a notice to proceed for work affecting
the exterior appearance of a resource to the extent necessary to mitigate
any of the following conditions:
(a)
The resource constitutes a hazard to the safety of the public
or to the structure's occupants.
(b)
The resource is a deterrent to a major improvement program that
will be of substantial benefit to the community.
(c)
Retaining the resource will cause undue financial hardship to
the owner when a governmental action, an act of God, or other events
beyond the owner's control created the hardship, and all feasible
alternatives to eliminate the financial hardship, which may include
offering the resource for sale at its fair market value or moving
the resource to a vacant site within the historic district, have been
attempted and exhausted by the owner.
(d)
Retaining the resource is not in the interest of the majority
of the community as determined by majority approval of a vote of the
Commission.
(5) The business that the Commission may perform shall be conducted at
a public meeting of the Commission held in compliance with the Michigan
Open Meetings Act.
(6) The Commission shall keep a record of its resolutions, proceedings
and actions available for public inspection.
(7) The COA and notice to proceed shall be effective for one year from
the date of issuance. The applicant may request an extension of this
time period by submitting a written request for extension to the Commission.
The written request shall be filed with the department prior to the
one-year expiration period. If this time period expires without exercising
the applicant's right to secure a building permit or without substantial
work begun on the resource, then the COA or notice to proceed shall
be considered expired and reapplication would be required. An applicant
shall proceed with diligence to complete a project.
(8) The Commission may delegate the issuance of a COA for minor work
to community services and development staff. The Commission shall
provide written standards for issuance of such COA. Quarterly the
Commission shall review the COA issued by staff.
(9) The Commission shall file with the Building Inspector or other duly
delegated authority the COA or denials of applications submitted for
review. Work shall not proceed, nor shall a building permit be issued
until the Commission has acted as prescribed herein. If an application
is denied, the decision shall be binding on the Building Inspector
or other delegated authority. A denial shall be accompanied with a
written explanation by the Commission of the reasons for denial and,
if appropriate, a notice that an application may be resubmitted for
Commission review when suggested changes have been made. The denial
shall also include notification of the applicant's right to appeal
to the state historic preservation review board and to the circuit
court.
[Ord. No. 1446, 3-1-2006]
For the original 30 acres described in Section
2-100.2(3), as the VanRaalte Farm Historic District, the Historic District Commission shall apply the standards and criteria set forth in Section
2-102 and shall review any proposed physical changes to the VanRaalte Farm Historic District or its master plan, in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as set forth in 36 CFR Part 67, and the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscape and Preservation Brief #36 Protecting Cultural Landscapes Planning, Treatment and Management of Historic Landscape, a publication of the National Park Service.
The Historic District Commission may refer an application for
a certificate of appropriateness to the Leisure and Cultural Services
Commission for the purpose of providing information regarding the
impact of proposed changes to the farm's historical and architectural
integrity prior to the granting or denial of the certificate of appropriateness.
[Ord. No. 1446, 3-1-2006]
(1) For the area consisting of approximately 130 acres of the VanRaalte
Farm located outside of the boundaries of the VanRaalte Farm Historic
District, which is legally described as follows: the Northeast 1/4
EXCEPT the North 3/4 of the Northeast 1/4 of the Northeast 1/4 of
Section 34 Town 5N Range 15 W City of Holland, Ottawa County, Michigan,
the Historic District Commission shall provide advisory recommendations
to the Holland City Council for proposed physical changes, structures,
and improvements to the VanRaalte Farm. In no event shall the Council
of the City of Holland be bound by the advisory review and recommendation
of the Holland Historic District Commission, and the Council may accept,
deny, or modify any recommendation based upon its sole legislative
discretion.
(2) The Holland Historic District Commission, in advising the Holland
City Council, shall follow the U.S. Secretary of Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,
as set forth in 36 CFR Part 67, and the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines
for the Treatment of Cultural Landscape and consider the following:
(a)
The historic or architectural value and significance of the
resource buildings and landscapes and their relationship to the historic
value of the surrounding area.
(b)
The relationship of any architectural features and landscape
of the resource to the rest of the resource and to the surrounding
area.
(c)
The general compatibility of design, arrangement, texture, size,
scale and materials proposed to be used.
(d)
Preservation Brief #36 Protecting Cultural Landscapes Planning,
Treatment and Management of Historic Landscape a publication of the
National Park Service, and consider the following:
1.
Viewsheds seen from the 30 acres designated as the VanRaalte
Farm Historic District and viewsheds from the public rights-of-way
adjacent to the VanRaalte Farm property and other locations of aesthetic
importance at the farm;
2.
Character defining features of the VanRaalte Farm such as fence
rows, significant vegetation, historic circulation features, historic
noninhabitable constructed features (walls, gates, and bridges), trails,
and location of other historical elements of the landscape.
(e)
Other factors of historic and aesthetic value as the Historic
District Commission considers relevant.
The Historic District Commission shall submit its written recommendations
and findings to the Holland City Council within 30 days of referral.
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[Ord. No. 1207, 2-18-1998]
When work has been done upon a resource without a COA, an application
must be immediately submitted. If the Commission finds that the work
does not qualify for a COA, 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 COA. If the owner does not comply with the restoration or modification
requirement within a reasonable time as determined 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 COA. 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 COA in accordance with the court's order. The cost
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, a Commission or its agents may enter
a property for purposes of this section.
[Ord. No. 1207, 2-18-1998; Ord. No. 1446, 3-1-2006]
With the exception of those standards and criteria applicable to the VanRaalte Farm Historic District, pursuant to Section
2-102.1, or to the remainder of the VanRaalte Farm property pursuant to Section
2-102.2, nothing contained in this article shall be construed to prevent ordinary maintenance or repair of any resource within the historic district; nor to prevent construction, alteration, repair, moving, or demolition of any resource under a permit issued by the City prior to the adoption of this article. Unless subsequently made applicable by amendment, the provisions of this article shall not apply to the following installations, features, or activities affecting the historic district:
(a) Reroofing with like materials, painting, and routine repairs.
(b) Flat concrete work, playgrounds, public streets, and sidewalks.
(c) Yards, gardens, planters, landscaping and trees.
(d) Regulatory and advisory street signs, hydrants, poles, pedestals,
transformers, or similar installations essential to the delivery of
public and private utilities and public services.
(e) Such other construction or repair activities or installations which
the Historic District Commission, by adoption of specific resolution,
may authorize the Building/Zoning Administrator to approve without
subsequent review and approval.
[Ord. No. 1207, 2-18-1998]
Where City Council determines public ownership of a resource
is most suitable, Council may acquire the resource using public funds,
public or private gifts, grants or proceeds from the issuance of revenue
bonds. In considering acquisition Council shall request a written
recommendation from the Commission. Upon recommendation of the Commission,
the City may sell resources acquired while retaining protective easements
assuring historic preservation of the resource.
[Ord. No. 1207, 2-18-1998]
The failure of the Commission to act within 60 calendar days
after the date a complete application is filed, unless an extension
is mutually agreed upon in writing by the applicant and the Commission,
shall be deemed to constitute approval.
[Ord. No. 1207, 2-18-1998]
An applicant aggrieved by a decision of the Historic District
Commission may file an appeal with the State Historic Preservation
Review Board of the center. The appeal shall be filed within 60 days
after the decision by the Commission. An applicant aggrieved by the
decision of the state historic preservation review board may appeal
the decision to the circuit court.
[Ord. No. 1207, 2-18-1998]
(1) After issuance of a COA or notice to proceed or if a violation of
this article is suspected, the City's designated representative may
from time to time inspect the exterior of properties covered by this
article.
(2) The enforcement of this article shall be the responsibility of this
Historic District Commission, in conjunction with the Building/Zoning
Administrator and Zoning Administrator of the City. A person, individual,
partnership, firm, corporation, organization, institution or agency
of government that violates this act is responsible for a civil infraction
and may be fined not more than $5,000.
(3) A person, individual, partnership, firm, corporation, organization,
institution, or agency of government that violates this act may be
ordered by the court to pay the costs to restore or replicate a resource
unlawfully constructed, added to, altered, repaired, moved, excavated,
or demolished.