This article shall be known, and may be cited, as the "Historic
District Study Committee Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
A system designed to detect and annunciate the presence of
fire or by-products of fire.
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.
The identification, evaluation, establishment, and protection
of resources significant in history, architecture, archaeology, engineering,
or culture.
A publicly or privately owned building, structure, site,
object, feature or open space that is significant in the history,
architecture, archaeology, engineering, or culture of the City of
Royal Oak, the State of Michigan, or the United States.
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.
An area, or group of areas not necessarily having contiguous
boundaries, that has delineated boundaries and that is under review
by the Historic District Study Committee for the purpose of making
a recommendation as to whether it should be established as an historic
district or added to an established historic district.
One or more publicly or privately owned historic or nonhistoric
buildings, structures, sites, objects, features, or open spaces located
within an historic district.
A single-station or multiple-station alarm responsive to
smoke and not connected to a system. As used in this article, "single-station
alarm" means an assembly incorporating a detector, the control equipment,
and the alarm sounding device into a single unit, operated from a
power supply either in the unit or obtained at the point of installation.
"Multiple-station alarm" means two or more single-station alarms that
are capable of interconnection such that actuation of one alarm causes
all the integrated separate audible alarms to operate.
State Historic Preservation Office; formerly the Bureau of
History of the Michigan Department of State.
The purpose of this article is as follows:
A.
To establish an Historic District Study Committee and provide for
the establishment of historic districts in carrying out the public
purpose of historic preservation in the City of Royal Oak, consistent
with the State of Michigan Local Historic Districts Act, MCLA § 399.201
et seq., as amended.
B.
To safeguard the heritage of the City of Royal Oak by preserving
historic districts in the City that reflect elements of the City's
history, architecture, archaeology, engineering, or culture;
C.
To stabilize and improve property values in each district and the
surrounding areas;
D.
To foster civic beauty;
E.
To strengthen the local economy; and
F.
To promote the use of historic districts for the education, pleasure,
and welfare of the citizens of the City of Royal Oak and the State
of Michigan.
The City of Royal Oak Historic District Study Committee is hereby
established. The Committee shall consist of seven members appointed
by the City Commission to serve without compensation. The Committee
shall contain a majority of persons who have a clearly demonstrated
interest in a knowledge of historic preservation and shall contain
representation from one or more duly organized local historic preservation
organizations.
A member shall be appointed for a term of three years, ending
the last day of December of the third year after appointment, provided
that the membership of the first Committee shall be staggered with
three members appointed for one year, two members appointed for two
years, and two members appointed for three years.
On an annual basis, the Committee shall at its first meeting
elect a Chairman, Vice Chairman, Secretary, and such other officers
as may be necessary for the proper conduct of its affairs from its
membership. The Committee shall adopt its own rules of procedure in
compliance with all the rules and regulations promulgated by the City
Commission that are applicable to boards and commissions.
The Historic District Study Committee shall hold at least one
public meeting in each quarter on such date, time and place as may
be established by resolution of the Committee. Special meetings may
be called by the Secretary on the written request of the Chairman
or any two members of the Committee, with at least two days' notice.
Meetings of the Committee shall be held in compliance with the state
Open Meetings Act,[1] and a meeting agenda shall be part of the notice provided.
[1]
Editor's Note: See MCLA § 15.261 et seq.
The Historic District Study Committee shall keep a written or
printed record of its proceedings which shall be a public record and
property of the City. Writings prepared, owned, used, in the possession
of, or retained by the Committee in the performance of an official
function shall be made available to the public in compliance with
the State of Michigan Freedom of Information Act.[1]
[1]
Editor's Note: See MCLA § 15.231 et seq.
The Historic District Study Committee shall do the following:
A.
Conduct a photographic inventory of resources within each proposed
historic district following procedures established or approved by
the State Historic Preservation Office.
B.
Conduct basic research of each proposed historic district and the
historic resources located within that district.
C.
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 State Historic Preservation Office, if any.
D.
Prepare a preliminary Historic District Study Committee report that
addresses at a minimum all of the following:
(1)
The charge of the Committee.
(2)
The composition of the Committee membership.
(3)
The historic district or districts studied.
(4)
The boundaries for each proposed historic district in writing and
on maps.
(5)
The history of each proposed historic district.
(6)
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.
E.
Transmit copies of the preliminary report for review and recommendations
to the City of Royal Oak Planning Commission, to the State Historic
Preservation Office, and to the State Historic Preservation Review
Board.
Not less than 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 §§ 15.261
to 15.275 of the Michigan Compiled Laws. 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 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.
After the date of the public hearing, the Committee and the
City Commission shall have not more than one year, unless otherwise
authorized by the City Commission, to take the following actions:
A.
The Committee shall prepare and submit a final report with its recommendations
and recommendations, if any, of the Planning Division to the City
Commission. If the recommendation is to establish an historic district
or districts, the final report shall include a draft of a proposed
ordinance or ordinances.
B.
After receiving a final report that recommends the establishment
of an historic district or districts, the City Commission, at its
discretion, may introduce and pass or reject an ordinance or ordinances.
If the City Commission passes an ordinance or ordinances establishing
one or more historic districts, a copy of that ordinance or those
ordinances, including a legal description of the property or properties
located within the historic district or districts, shall be filed
with the Register of Deeds. The City Commission shall not pass an
ordinance establishing a contiguous historic district less than 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.
A.
The City Commission 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 an historic district, an historic district
study committee appointed by the City Commission shall follow the
procedures as stated in Section 399.203 (1-3) of Public Act 169 of
1970, as amended.[1] To conduct these activities, the City Commission may retain
the initial committee, establish a standing committee, or establish
a committee to consider only specific proposed districts and then
be dissolved. The committee shall consider any previously written
committee reports pertinent to the proposed action.
[1]
Editor's Note: See MCLA § 399.203.
B.
In considering elimination of an historic district, a committee shall
follow the procedures set forth in Section 399.203 (1-3) of Public
Act 169 of 1970, as amended,[2] 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:
(1)
The historic district has lost those physical characteristics that
enabled the establishment of the district.
(2)
The historic district was not significant in the way previously defined.
(3)
The historic district was established pursuant to defective procedures.
[2]
Editor's Note: See MCLA § 399.203.
The Historic District Study Committee may, with the consent
of the City Commission, accept and administer state and federal grants
for purposes of historic preservation, participate in state and federal
programs that benefit historic preservation, and accept public and
private gifts for purposes of historic preservation.
