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:
ALTERATION
Work that changes the detail of a resource but does not change
its basic size or shape.
COMMISSION
The City of Royal Oak Historic District Commission.
COMMITTEE
The City of Royal Oak Historic District Study Committee.
DEMOLITION
The razing or destruction, whether entirely or in part, of
a resource, and includes, but is not limited to, demolition by neglect.
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.
DENIAL
The written rejection of a permit application for work that
is inappropriate and that adversely affects a resource.
FIRE ALARM SYSTEM
A system designed to detect and annunciate the presence of
fire or by-products of fire.
HISTORIC DISTRICT
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.
HISTORIC PRESERVATION
The identification, evaluation, establishment, and protection
of resources significant in history, architecture, archaeology, engineering,
or culture.
HISTORIC RESOURCE
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.
NOTICE TO PROCEED
The written permission from the Historic District Commission
to issue a permit for work that is inappropriate and that adversely
affects a resource.
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, 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.
PROPOSED HISTORIC DISTRICT
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.
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 work for purposes of this article.
RESOURCE
One or more publicly or privately owned historic or nonhistoric
buildings, structures, sites, objects, features, or open spaces located
within an historic district.
SMOKE ALARM
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.
WORK
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."
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.
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.