This article shall be known and may be cited as the "Historic
District Commission Ordinance."
The purpose of this article is as follows:
A.
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; and
B.
To stabilize and improve property values in each district and the
surrounding areas; and
C.
To foster civic beauty; and
D.
To strengthen the local economy; and
E.
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.
As used in this article, the following terms shall have the
meanings indicated:
Work that changes the detail of a resource but does not change
its basic size or shape.
The written approval of a permit application for work that
is appropriate and does not adversely affect a resource.
The City of Royal Oak Historic District Commission.
The City of Royal Oak Historic District Study Committee.
The razing or destruction, whether entirely or in part, of
a resource, and includes, but is not limited to, demolition by neglect.
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.
The written rejection of a permit application for work that
is inappropriate and that adversely affects a resource.
A system designed to detect and annunciate the presence of
fire or by-products of fire.
An area, or a 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 written permission from the Historic District Commission
to issue a permit for work that is inappropriate and that adversely
affects a resource.
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.
Keeping a resource unimpaired and in good condition through
ongoing minor intervention, undertaken from time to time, in its exterior
condition. Ordinary maintenance does not change the external 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 article.
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.
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 work for purposes of this article.
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.
Construction, addition, alteration, repair, moving, excavation,
or demolition.
In order to execute the purposes of this article, there is hereby
created a Commission to be called the "City of Royal Oak Historic
District Commission."
A.
The Historic District Commission shall consist of seven members serving
without compensation whose residence is located in the City of Royal
Oak. A majority of the members shall have a clearly demonstrated interest
in or knowledge of historic preservation. At least two members shall
be appointed from a list of citizens submitted by one or more duly
organized local historic preservation organizations. The Commission
shall include as a member, if available, a graduate of an accredited
school of architecture who has two years of architectural experience
or who is an architect registered in the State of Michigan. The Commission
shall include at least one member of the Historical Commission or
of the Historic District Study Committee.
B.
A member shall be appointed by the City Commission for a term of
three years, ending the last day of December of the third year after
appointment, provided that the membership of the initial Commission
shall be staggered with three members appointed for one year, two
members appointed for two years, and two members appointed for three
years. Initial members shall be appointed within six months after
this article becomes effective. Members of the Commission shall be
eligible for reappointment.
C.
A vacancy on the Commission shall be filled within 60 calendar days
by an appointment of the City Commission for the unexpired term of
the original appointment.
A.
It shall be the duty of the Commission to review all plans for the
construction, addition, alteration, repair, moving, excavation, or
demolition of resources in an historic district. The Commission shall
approve a plan before a permit for that activity may be issued.
B.
Design review standards and guidelines that address special design
characteristics of historic districts administered by the Commission
may be followed if they are equivalent in guidance to the Secretary
of the Interior's standards and guidelines and are established
or approved by the Department. The Commission shall also consider
all of the following:
(1)
The historic or architectural value and significance of the resource
and its relationship to the historic value of the surrounding area.
(2)
The relationship of any architectural features of the resource to
the rest of the resource and to the surrounding area.
(3)
The general compatibility of design, arrangement, texture, and materials
proposed to be used.
(4)
Other factors, such as aesthetic value, that the Commission finds
relevant.
C.
The Commission shall review and act upon only exterior features of a resource and shall not review and act upon interior arrangements unless specifically authorized to do so by the City Commission or unless interior work will cause visible change to the exterior of the resource. The Commission shall not disapprove any plan for any reason other than those set forth in Subsection B of this section.
D.
The Commission may delegate the issuance of certificates of appropriateness
for specified minor classes of work to the Chief Building Inspector
or their designee. The Commission shall provide specific written standards
for issuing certificates of appropriateness under this subsection.
On a quarterly basis, the Commission shall review the certificates
of appropriateness, if any, issued by the Chief Building Inspector
or their designee to determine whether or not the delegated responsibilities
should be continued.
E.
If an application is for work that will adversely affect the exterior
of a resource the Commission considers valuable to the City of Royal
Oak, and the Commission determines that the alteration or loss of
that resource will adversely affect the public purpose of the City,
the Commission shall attempt to establish with the owner of the resource
an economically feasible plan for preservation of the resource.
F.
If all efforts by the Commission to preserve a resource fail, or
if it is determined by the City Commission that public ownership is
most suitable, the City Commission, if considered to be in the public
interest, may acquire the resource using public funds, public or private
gifts, grants, or proceeds from the issuance of revenue bonds. The
acquisition shall be based upon the recommendation of the Commission.
Upon recommendation of the Commission, the City Commission may sell
resources acquired under this section with protective easements included
in the property transfer documents, if appropriate.
G.
The Commission may, in the name of the City of Royal Oak, accept
and administer state or federal grants for historic preservation purposes,
may participate in state and federal programs that benefit historic
preservation, and may accept public or private gifts for historic
preservation purposes. There may be appropriated in the annual budget
of the City of Royal Oak a sum of money for use by the Commission
in accordance with the City Charter and state law. A separate accounting
of these funds shall be made and provided at least quarterly to the
City Commission. All expenditures of funds shall be made in compliance
with the City Charter and state law.
H.
The Commission may make recommendations to other appointed City boards
and committees on matters concerning the character of historic districts.
A.
The Commission shall elect from its membership a Chairman, Vice Chairman,
Secretary and Treasurer at its first meeting each year. The Chairman
shall preside over the meeting and have the right to vote. The Vice
Chairman shall perform the duties of the Chairman in their absence.
The Secretary shall keep an accurate record of the proceedings of
the Commission. The Treasurer shall be the custodian of Commission
funds and shall account for any expenditure of Commission funds.
B.
The Commission shall meet at least quarterly, and at the call of
the Chairman, Secretary, or two members of the Commission. The Commission
shall conform to all rules and regulations promulgated by the City
Commission that are applicable to boards and commissions.
C.
At least four members of the Commission shall constitute a quorum
for the transaction of its business. The Commission shall adopt rules
for the transaction of its business which shall provide for the time
and place of holding meetings.
D.
The Commission shall adopt and may amend design review standards
and guidelines for resource treatment to carry out its duties under
applicable law.
E.
The business that the Commission may perform shall be conducted at
a public meeting of the Commission held in compliance with the State
Open Meetings Act.[1] Public notice of the time, date, and place of the meeting
shall be given. A meeting agenda shall be part of the notice and shall
include a listing of each permit application to be reviewed or considered
by the Commission.
[1]
Editor's Note: See MCLA § 15.261 et seq.
F.
The Commission shall keep a record of its resolutions, proceedings,
and actions. A writing prepared, owned, used, in the possession of,
or retained by the Commission in the performance of an official function
shall be made available to the public in compliance with the State
Freedom of Information Act.[2]
[2]
Editor's Note: See MCLA § 15.231 et seq.
G.
The concurring affirmative vote of four members shall constitute
approval of plans before the Commission for review or for the adoption
of any resolution or other action of the Commission.
H.
The Commission shall submit an annual report of its activities to
the City Commission each April.
A.
Application for a permit to construct, add to, alter, repair, move,
excavate, or demolish a resource in an historic district shall be
made to the Chief Building Inspector. The application shall state
whether the property is in an historic district. Plans shall be submitted
showing the resource in question and showing its relation to adjacent
resources.
B.
Upon the filing of such application, the Chief Building Inspector
shall immediately refer the application with all supporting materials
that make the application complete to the Commission.
C.
The Commission shall meet within 15 days after notification by the
Chief Building Inspector of the receipt of a complete application,
unless otherwise mutually agreed upon by the applicant and the Commission.
At that meeting, the Commission shall review the plans according to
the duties and powers specified herein. In reviewing the plans, the
Commission may confer with the applicant, the Chief Inspector, the
Planning Director, and any other public official or employee who may
assist the Commission in its activities.
D.
The Commission shall approve or disapprove such plans. If the plans
are approved, the Commission shall issue a certificate of appropriateness
which is to be signed by the Chairman or Vice Chairman, attached to
the application for a building permit, and immediately forwarded to
the Chief Building Inspector. The Chairman or Vice Chairman shall
also stamp all plans submitted to the Commission signifying approval
or disapproval.
E.
If the Commission disapproves of such plans, it shall state its reasons
for doing so and shall transmit a record of such action and reasons
therefor in writing to the Chief Building Inspector and to the applicant.
The Commission may advise as to alternatives that may be appropriate
if it disapproves of the plans submitted. The applicant may make modifications
to their plans and shall have the right to resubmit their application
at any time after so doing. If a permit application is denied, the
decision shall be binding on the inspector or other authority. Notice
of denial shall also include notice to the application of the right
to appeal to the State Historic Preservation Office Review Board and
to the Circuit Court.
F.
The failure of the Commission to approve, conditionally approve or
disapprove of a plan within 60 days from the date a complete application
is filed, unless otherwise mutually agreed upon, in writing, by the
applicant and the Commission, shall be deemed to constitute approval
of the application, and the Chief Building Inspector shall proceed
to process the application without regard to a certificate of approval
from the Commission.
G.
Work within an historic district shall be permitted through the issuance
of a notice to proceed by the Commission if any of the following conditions
prevail and if the proposed work can be demonstrated by a finding
of the Commission to be necessary to substantially improve or correct
any of the following conditions:
(1)
The resource constitutes a hazard to the safety of the public or
to the structure's occupants.
(2)
The resource is a deterrent to a major improvement program that will
be of substantial benefit to the community and the applicant proposing
the work has obtained all necessary planning and zoning approvals,
financing, and environmental clearances.
(3)
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.
(4)
Retaining the resource is not in the interest of the majority of
the community.
H.
A permit shall not be issued and proposed work shall not proceed
until the Commission has acted on the application by issuing a certificate
of appropriateness or a notice to proceed or has failed to act within
60 days of the date of the filing of a completed application as provided
in this article.
I.
After the certificate of approval, notice to proceed, and permit
are issued, the Chief Building Inspector or their designee shall inspect
the construction or alteration in accordance with the procedures established
by the Building Inspection and Code Enforcement Departments of the
City of Royal Oak.
J.
If the Commission grants a permit for demolition, it shall notify
the Royal Oak Historical Commission so that body may consult with
the owner about obtaining anything of historical significance from
the property.
A.
Any permit applicant and nonapplicant aggrieved by a decision of
a Commission concerning a permit application may file an appeal with
the State Historic Preservation Office within the Department of State.
The appeal shall be filed within 60 days after the decision is furnished
to the applicant.
B.
A permit applicant aggrieved by the decision of the State Historic
Preservation Review Board may appeal the decision to the Oakland County
Circuit Court.
Upon a finding by the Commission that an historic resource within
an historic district or a proposed historic district subject to its
review and approval is threatened with demolition by neglect, the
Commission may do either of the following:
A.
Require the owner of the resource to repair all conditions contributing
to demolition by neglect.
B.
If the owner does not make repairs within a reasonable time, the
Commission or its agents may, upon obtaining an order from the Circuit
Court, enter the property and make such repairs as are necessary to
prevent demolition by neglect. The costs of the work shall be charged
to the owner and may be levied by the City of Royal Oak as a special
assessment against the property.
A.
There shall be no construction, addition, alteration, repair, moving, excavation or demolition affecting the exterior appearance of a resource in an historic district without first obtaining a permit as provided in § 82-21.
B.
When work has been done upon a resource without a permit and the
Commission finds that the work does not qualify for a certificate
of appropriateness, 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 certificate
of appropriateness.
C.
If the owner does not comply with the restoration or modification
requirement within a reasonable time, 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 certificate of appropriateness.
D.
If the owner does not comply or cannot comply with the order of the
Circuit Court, the Commission or its agents may, pursuant to a Circuit
Court order, 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 certificate of appropriateness in accordance with
the Court's order. The costs of the work shall be charged to
the owner and may be levied by the City of Royal Oak as a special
assessment against the property.
Upon receipt of substantial evidence showing the presence of
historic architectural, archaeological, engineering, or cultural significance
of a proposed historic district, the City Commission may, at its discretion,
adopt a resolution requiring that all applications for permits within
the proposed historic district be referred to the Historic District
Commission for review as provided in this article. The Historic District
Commission shall review permit applications with the same powers that
would apply if the proposed historic district was an established historic
district. The review may continue in the proposed historic district
for not more than one year, or until such time as the City Commission
approves or rejects the establishment of the historic district by
ordinance, whichever occurs first.
If the City Commission determines that pending work will cause
irreparable harm to resources located within an established historic
district or a proposed historic district, the City Commission may,
by resolution, declare an emergency moratorium of all such work for
a period not to exceed six months. The City Commission may extend
the emergency moratorium for an additional period not to exceed six
months upon finding that the threat of irreparable harm to resources
is still present. Any pending permit application concerning a resource
subject to an emergency moratorium may be summarily denied.
Nothing in this article shall be construed to prevent ordinary
maintenance or repair of a resource within an historic district, or
to prevent work on any resource under a permit issued by the Chief
Building Inspector or other duly delegated authority before this article
is enacted.
A.
A person, individual, partnership, firm, corporation, organization,
institution, or agency of government that violates this article is
responsible for a civil violation and may be fined not more than $5,000.
B.
A person, individual, partnership, firm, corporation, organization,
institution or agency of government that violates this article 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.
