City of Kalamazoo, MI
Kalamazoo County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in section histories. Amendments noted where applicable.]
GENERAL REFERENCES
Kalamazoo Historic Preservation Commission — See § 2-79 et seq.
Buildings and building regulations — See Ch. 9.
Housing Code — See Ch. 17.
Zoning Ordinance — See App. A.
Zoning Board of Appeals — App. A, Ch. XI.
STATUTORY REFERENCES
Historic districts and authority of City with reference thereto — See MSA § 5.3407(1) et seq.; MCLA § 399.201 et seq.
Freedom of Information Act — See MCLA §§ 15.261 — 15.275.
Open Meetings Act — See MCLA § 15.231 et seq.
Article I In General

§ 16-1 Definitions.

§ 16-2 Purpose of chapter.

§ 16-3 Chapter does not prevent ordinary maintenance and repair of structures.

§ 16-4 Establishment of historic districts.

§ 16-5 Procedures for establishing, modifying, or eliminating historic districts.

§ 16-6 South Street/Vine Area Historic District.

§ 16-7 Stuart Area Historic District.

§ 16-8 Haymarket Historic District.

§ 16-9 Rose Area Historical District.

§ 16-10 (Reserved)

§ 16-11 West Main Hill Historic District.

§ 16-12 Single resource historic districts.

§ 16-13 Rickman Hotel Historic District.

§ 16-14 (Reserved)

§ 16-15 (Reserved)

Article II Historic District Commission

§ 16-16 Created; name.

§ 16-17 Composition; appointment and terms of members.

§ 16-18 Election and terms of officers.

§ 16-19 Quorum; number of members required for action.

§ 16-20 Rules of procedure.

§ 16-21 Meetings to be open to public; right to be heard.

§ 16-22 General powers and duties.

§ 16-23 Approval or rejection of work on structures in historic districts, or structures being moved into or out of or constructed in historic districts.

§ 16-24 Plans for preservation of structures.

§ 16-25 Records.

§ 16-26 Appeals from Commission.

§ 16-27 Failure to comply with certificates of appropriateness.

§ 16-28 List of improvements subject to historic district procedures, though building permit not required.

§ 16-29 Demolition by neglect.

§ 16-30 Violation; fine; payment of costs.

§ 16-31 Review of applications within proposed historic district; emergency moratorium.

§ 16-1 Definitions.

[Added 1-18-2005 by Ord. No. 1780; amended 4-30-2007 by Ord. No. 1824]
Unless indicated to the contrary, the word “Commission” as used in this chapter shall mean the Kalamazoo Historic District Commission created by § 16-16 pursuant to the Local Historic Districts Act, 1970 P.A. 169, MCLA § 399.201 et seq., as amended.
ALTERATION
Work that changes the details of a resource but does not change its basic size or shape.
CERTIFICATE OF APPROPRIATENESS
The written approval of a permit application for work that is appropriate and that does not adversely affect a resource.
COMMISSION
The Kalamazoo Historic District Commission created by § 16-16.
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.
GUIDELINES
Classes of work specifically defined in the Kalamazoo Historic District Commission Standards and Guidelines for Rehabilitation as work which must be reviewed and approved by the Kalamazoo Historic District Commission at its regular monthly meeting.
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, archeology, engineering or culture.
HISTORIC DESIGN STANDARDS
The classes of minor work specifically defined in the Kalamazoo Historic District Commission Standards and Guidelines for Rehabilitation as work which may be administratively approved by the Historic Preservation Coordinator.
HISTORIC PRESERVATION
The identification, evaluation, establishment and protection of resources significant in history, architecture, archeology, engineering or culture.
HISTORIC PRESERVATION COORDINATOR
The City employee working as the liaison to the Historic District Commission.
HISTORIC RESOURCE
A publicly or privately owned building, structure, site, object, feature or open space that is significant in the history, architecture, archeology, engineering or culture of the City of Kalamazoo, the State of Michigan or of the United States.
NOTICE TO PROCEED
The written permission to issue a permit for work that is inappropriate and that adversely affects a resource, pursuant to a finding under § 16-23.
OPEN SPACE
Undeveloped land, a naturally landscaped area 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. 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 chapter.
REPAIR
To restore a decayed or damaged resource to a good or sound condition by any process. A repair that changes the exterior appearance of a resource constitutes work for purposes of this chapter.
RESOURCE
One or more publicly or privately owned historic or nonhistoric buildings, structures, sites, objects, features or open spaces located within the historic district.
WORK
Construction, addition, alteration, repair, moving, excavation or demolition.

§ 16-2 Purpose of chapter.

[Adm. Code § A229.1]
A. 
The purpose of this chapter is to create an agency through which the City will be able to:
(1) 
Safeguard the heritage of the City by preserving districts within the City which reflect elements of its cultural, social, economic, political or architectural history;
(2) 
Stabilize and improve property values in any such district;
(3) 
Foster civic beauty;
(4) 
Strengthen the local economy; and
(5) 
Promote the use of historic districts for the education, pleasure and welfare of the citizens of Kalamazoo and of the State of Michigan.

§ 16-3 Chapter does not prevent ordinary maintenance and repair of structures.

[Adm. Code § A229.6]
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within an historic district.

§ 16-4 Establishment of historic districts.

[Added 4-30-2007 by Ord. No. 1824]
A. 
The City of Kalamazoo may, by ordinance, establish one or more historic districts. The historic districts shall be administered by the Kalamazoo Historic District Commission.
B. 
The duties of the historic district study committee set forth in Section 3 of 1970 P.A. No. 169, MCLA § 399.203 as amended, shall be carried out by the Kalamazoo Historic Preservation Commission, as established in Chapter 2 of the Code of Ordinances for the City of Kalamazoo,[1] which shall constitute the standing committee and shall do all of the following:
(1) 
Conduct a photographic inventory of resources within each proposed historic district following procedures established or approved by the Michigan Department of History, Arts, and Libraries.
(2) 
Conduct basic research of each proposed historic district and the historic resources located within that district.
(3) 
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 Kalamazoo Historic Preservation Commission 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 Michigan Department of History, Arts, and Libraries, if any.
(4) 
Prepare a preliminary historic district study report that addresses at a minimum all of the following:
(a) 
The historic district or districts studied.
(b) 
The boundaries for each proposed historic district in writing and on maps.
(c) 
The history of each proposed historic district.
(d) 
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.
(5) 
Transmit copies of the preliminary report for review and recommendations to the City of Kalamazoo Planning Commission, to the Michigan Department of History, Arts, and Libraries, to the Michigan Historical Commission, and to the Michigan Historic Preservation Review Board.
(6) 
Make copies of the preliminary report available to the public pursuant to Subsection B(5).
[1]
Editor's Note: See Ch. 2, Administration, Art. V.
C. 
Not less than 60 calendar days after the transmittal of the preliminary report, the Kalamazoo Historic Preservation Commission shall hold a public hearing in compliance with the Open Meetings Act, 1976 P.A. 267, MCLA § 15.261 to 15.275. Public notice of the time, date, and place of the hearing shall be given in the manner required by the Open Meetings Act, 1976 P.A. 267, MCLA § 15.261 to 15.275. 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 City of Kalamazoo.
D. 
After the date of the public hearing, the Kalamazoo Historic Preservation Commission and the City Commission shall have not more than one year, unless otherwise authorized by the City Commission, to take the following actions:
(1) 
The Kalamazoo Historic Preservation Commission shall prepare and submit a final report with its recommendations and the recommendations, if any, of the City of Kalamazoo Planning Commission 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.
(2) 
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 of Kalamazoo passes an ordinance or ordinances establishing one or more historic districts, the City of Kalamazoo shall file a copy of that ordinance or those ordinances, including a legal description of the property or properties located within the historic district or districts, with the Kalamazoo County Register of Deeds. The City of Kalamazoo 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.
E. 
A writing prepared, owned, used, in the possession of, or retained by the Kalamazoo Historic Preservation Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, 1976 P.A. 442, MCLA §§ 15.231 to 15.246, as amended.

§ 16-5 Procedures for establishing, modifying, or eliminating historic districts.

[Added 4-30-2007 by Ord. No. 1824]
A. 
The City of Kalamazoo 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, the Kalamazoo Historic Preservation Commission shall, except as provided in Subsection B, comply with the procedures set forth in § 16-4 and shall consider any previously written reports by the Kalamazoo Historic Preservation Commission or any previously appointed Historic District Study Committee pertinent to the proposed action.
B. 
If considering elimination of an historic district, the Kalamazoo Historic Preservation Commission shall follow the procedures set forth in § 16-4 for issuing 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 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.
C. 
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 Kalamazoo Historic District Commission as prescribed in this chapter. The Kalamazoo 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.
D. 
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.

§ 16-6 South Street/Vine Area Historic District.

[Adm. Code § A229.8; amended 7-6-1976 by Ord. No. 1092; 9-10-1990 by Ord. No. 1502; 3-23-1992 by Ord. No. 1528; 4-21-1997 by Ord. No. 1633; 1-18-2005 by Ord. No. 1780; 4-30-2007 by Ord. No. 1824]
The South Street Area Historic District, which was created pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., as amended, is now titled the "South Street - Vine Area Historic District," and is hereby amended to include all of the properties included in the following boundary description:
A. 
Beginning at a point on the south right-of-way line of South Street 126.17 feet west of the west right-of-way line of Westnedge Avenue; thence south and parallel with Westnedge Avenue 148.5 feet; thence west and parallel with South Street 281.07 feet; thence south and parallel with Westnedge Avenue 115.5 feet to the north right-of-way of West Lovell Street; thence southeasterly to the west corner of the junction of Pearl Street and West Lovell Street.
(1) 
Thence south along the center line of Rose Street, 364.50 feet; thence east 231.00 feet; thence south 99.00 feet; to the center line of Dutton Street; thence east along said center line, 233.64 feet to the center line of Burdick Street; thence south along said center line, 396.00 feet to the center line of Vine Street; thence west along said center line, 116.82 feet; thence south 165.00 feet; thence west 83.82 feet; thence south 66.00 feet; thence west 66.00 feet; thence north 132.00 feet; thence west 102.00 feet; thence north 33.00 feet; thence west 129.00 feet to the west line of Rose Street.
(2) 
Thence south along said west line, 33.00 feet; thence west 165.00 feet; thence south 66.00 feet, thence west 73.92 feet; thence north 58.00 feet; thence west 73.92 feet; thence south 162.00 feet; thence west 165.00 feet; thence south 66.00 feet; thence east 43.50 feet; thence south 66.00 feet; thence west 43.50 feet; thence south 264.00 feet; thence west 6.00 feet; thence south 66.00 feet to the north line of Burr Oak Street; thence west along said line, 102.50 feet; thence south 116.00 feet; thence east 29.58 feet; thence south 96.52 feet to the east and west quarter line of Section 22-2-11 being 59.16 feet east of the east line of Park Street.
(3) 
Thence east 72.84 feet; thence south 66.00 feet; thence west 70.00 feet; thence south 99.00 feet; thence east 22.50 feet; thence south 66.00 feet; thence east 9.00 feet; thence south 66.00 feet; thence east 24.00 feet; thence south 455.00 feet; thence west 148.50 feet to the center line of Park Street; thence north along said center line, 90.00 feet; thence west 310.22 feet; thence south 165.00 feet; thence west 193.90 feet; thence south 265.30 feet; thence east 10.20 feet; thence south 198.00 feet to the north line of Den Adel Court; thence west along said line, 138.00 feet to the center line of S. Westnedge Avenue; thence south along said center line to the center line of Pioneer Street; thence west along the center line of Pioneer Street, 538.55 feet; thence south 33.00 feet to the beginning.
B. 
Beginning at a point of the south line of Pioneer Street 505.00 feet west of the west line of Westnedge Avenue, thence south 132.00 feet; thence west 260.26 feet; thence north 30.00 feet; thence west 40.00 feet; thence south 30.00 feet; thence west 259.50 feet to the east line of Merrill Street; thence north 132.00 feet to the southeast corner of the intersection of Pioneer Street and Merrill Street.
(1) 
Thence northeasterly 66.00 feet to the southwest corner of the intersection of Pioneer Street and Merrill Street; thence south 52.00 feet; thence west 100.00 feet; thence north 118.00 feet to the north line of Pioneer Street; thence west along said street 10.00 feet; thence north 132.00 feet; thence west 22.00 feet; thence north 88.00 feet; thence east 22.00 feet; thence north 110.00 feet to the north line of McCourtie Street; thence north 778.67 feet to the south line of Wheaton's Addition; thence west 154.00 feet; thence north 283.14 feet to the north line of Wheaton Ave; thence west 90.75 feet; thence north 198.00 feet to the east and west quarter line of Section 21-2-11 being 90.75 feet west of the west line of Davis Street.
(2) 
Thence north 33.00 feet; thence west 75.25 feet; thence north 132.00 feet; thence east 34.00 feet; thence north 66.00 feet; thence east 49.00 feet; thence north 132.00 feet to the north line of Grant Street; thence east 7.00 feet; thence north 66.00 feet; thence east 14.00 feet; thence north 66.00 feet; thence west 54.00 feet; thence north 264.00 feet to the south line of Austin Street; thence north 122.00 feet; thence west 66.0 feet; thence north 4.0 feet; thence west 66.0 feet; thence north 78.0 feet; thence west 1.45 feet; thence north 87.90 feet; thence east 12.0 feet; thence north 163.0 feet, to the north right-of-way line of Walwood Place; thence east 253.50 feet to the west right-of-way line of Davis Street; thence north, along said line, to a point 332.0 feet south of the south right-of-way line of West Lovell Street; thence west parallel to said line, 192.51 feet; thence north, 66.0 feet; thence west 20.75 feet; thence south 33.0 feet; thence west 424.43 feet more or less to the easterly right-of-way line of Oakland Drive; thence northeasterly, along said line 115.10 feet to the north right-of-way line of Bellevue Place; thence east, along said line 120.00 feet more or less; thence north 66.0 feet; thence east 60.0 feet; thence northerly 199.00 feet more or less to the northeast corner of the intersection of Oakland Drive and West Lovell Street; thence northeasterly along the southeasterly right-of-way line of Oakland Drive to the southeast corner of the intersection of Oakland Drive and South Street; thence east along the south right-of-way line of South Street 329.01 feet; thence northerly to a point on the north right-of-way line of South Street 245.16 feet east of the northeast corner of the intersection of Oakland Drive and South Street; thence north 162.11 feet; thence east 16.12 feet; thence north 64.3 feet to the southeasterly right-of-way line of Michigan Avenue; thence northeasterly along said right-of-way line of Michigan Avenue to a point 187.63 feet northeasterly from the northeast corner of Michigan Avenue and Academy Street; thence south 118.3 feet to the north right-of-way line of Academy Street; thence east along said right-of-way line to a point 66.0 feet east of the southwest corner of lot west of the Revised Plat Section 16; thence north 99.0 more or less feet; thence east 57.42 feet; thence south 99.00 more or less feet to the north right-of-way line of Academy Street; thence east along said line 229.55 feet; thence south to the south right-of-way line of Academy Street; thence south 99.00 feet; thence east 54.855 feet; thence south 16.5 feet; thence east 178.46 feet; thence north 16.5 feet; thence east 90.75 feet; thence south 33.0 feet; thence east 194.96 feet; thence south 132.0 feet to the north right-of-way line of South Street, 76.96 feet west of the west right-of-way line of Westnedge Avenue; thence southwesterly to the point of beginning.

§ 16-7 Stuart Area Historic District.

[Added 7-6-1976 by Ord. No. 1092; amended 4-5-1982 by Ord. No. 1253; 9-10-1990 by Ord. No. 1502; 3-23-1992 by Ord. No. 1528; 4-21-1997 by Ord. No. 1633; 1-18-2005 by Ord. No. 1780; 4-30-2007 by Ord. No. 1824]
The Stuart Area Historic District, which was created pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., as amended, is hereby amended to include all of the properties included in the following boundary description:
A. 
To wit: Beginning at a point in the northerly right-of-way line of West Main Street which is 84.0 feet east of the easterly right-of-way line of Ingleside Terrace; thence northerly 310.5 feet to a point which is 82.5 feet east of the easterly right-of-way line of Ingleside Terrace; thence easterly and parallel with Douglas Terrace to a point which is 132 feet west of the westerly right-of-way line of Douglas Avenue; thence northerly and parallel with Douglas Avenue 132 feet; thence easterly and parallel with Douglas Terrace 33 feet; thence northerly 66 feet to the southerly right-of-way line of Douglas Terrace; thence westerly with said right-of-way line 33.0 feet; thence northerly and parallel with Douglas Avenue 74.25 feet; thence westerly and parallel with Douglas Terrace to a point which is 165.0 feet west of the westerly right-of-way line of Douglas Avenue; thence northerly and parallel with Douglas Avenue 154.75 feet; thence westerly 19.5 feet; thence northerly 27.0 feet; thence westerly 79.5 feet to the easterly right-of-way line of Ingleside Terrace; thence northerly with the easterly line of Ingleside Terrace 181.5 feet; thence easterly and parallel with Forbes Street 115.5 feet; thence northerly and parallel with Ingleside Terrace 152 feet to the southerly right-of-way line of Forbes Street; thence northeasterly to a point on the north right-of-way line of Forbes Street 76.0 feet west of the west right-of-way line of Douglas Avenue; thence northerly 33.0 feet; thence easterly 2.0 feet; thence northerly 32.34 feet; thence westerly 15.6 feet; thence northerly 53.46 feet to a point on the south right-of-way line of Jefferson Avenue 89.6 feet westerly of the west right-of-way line of Douglas Avenue; thence northwesterly to a point on the north right-of-way line of Jefferson Avenue 165.0 feet westerly of the west right-of-way line of Douglas Avenue; thence northerly 457.38 feet to the south right-of-way line of North Street; thence easterly with said southerly line 145.3 feet to the southwest corner of the intersection of W. North Street and Stuart Avenue; thence northeasterly to the northeast corner of the intersection of W. North Street and Stuart Avenue; thence northerly 90.0 feet along the easterly right-of-way line of Stuart Avenue; thence easterly and parallel with the northerly right-of-way line of W. North Street 115.5 feet, thence southerly 1.0 feet; thence easterly and parallel with the northerly right-of-way line of W. North Street 66.0 feet to the westerly right-of-way line of Staples Avenue; thence northeasterly to a point on the easterly right-of-way line of Staples Avenue 115.0 feet north from the northerly right-of-way of W. North Street; thence easterly and parallel with the north right-of-way line of W. North Street 73.92 feet; thence northerly 17.0 feet; thence easterly and parallel with the northerly right-of-way line of W. North Street 34.34 feet; thence northerly 4.0 feet; thence easterly and parallel with the northerly right-of-way line of W. North Street 115.15 feet to the westerly right-of-way line of Woodward Avenue; thence northeasterly to a point on the easterly right-of-way line of Woodward Avenue 155.5 feet north from the northerly right-of-way line of W. North Street; thence easterly 148.5 feet; thence southerly 13.5 feet; thence easterly 60.19 feet; thence southerly 40.23 feet; thence easterly 16.0 feet; thence southerly 102.4 feet to the northerly right-of-way line of W. North Street; thence southeasterly to a point on the southerly right-of-way line of W. North Street 165.0 feet west of the southwest corner of the junction of Elm Street and W. North Street; thence southerly and parallel with the westerly right-of-way line of Elm Street 132.0 feet; thence easterly and parallel with the southerly right-of-way line of W. North Street 49.5 feet; thence northerly 74.25 feet; thence easterly 115.5 feet to the westerly right-of-way line of Elm Street; thence easterly to a point on the easterly right-of-way line of Elm Street 66.0 feet south from the southeast corner of the junction of W. North Street and Elm Street; thence easterly and parallel with the southerly right-of-way line of W. North Street 66.0 feet; thence southerly and parallel with the easterly right-of-way line of Elm Street 99.0 feet; thence easterly and parallel with the northerly right-of-way line of Ransom Street, to the southwesterly right-of-way line of Michigan Central Railroad (South Haven Branch); thence southeasterly along said right-of-way to where it intersects a line which is 66 feet east of the easterly line of lot 58 of the Revised Prouty's Addition and parallel with Greenwich Place; thence southerly along said line to the northerly right-of-way line of Kalamazoo Avenue; thence southwesterly to the point on the southerly right-of-way line of Kalamazoo Avenue to where said right-of-way line intersects with the northwesterly right-of-way line of the Conrail Railroad; thence southwesterly along said railroad right-of-way to the intersection of said right-of-way and the northerly right-of-way of West Main Street; thence westerly along said right-of-way line of West Main Street to the beginning.
B. 
Also beginning at a point on the northerly right-of-way line of West Michigan Avenue at the east line of Allen Boulevard; thence westerly 332.27 feet along the north line of West Michigan Avenue to the easterly right-of-way line of Elm Street crossover; thence N 22°3'40" E 143.10 feet; thence N 32°45'47" E 79.11 feet to southerly right-of-way line of Elm Place; thence easterly 10 feet more or less to the point where said right-of-way turns northerly; thence northerly along said right-of-way line to a point 23.0 feet north from the northerly right-of-way line of Alley No. 4; thence N 41°56'09" E 13.45 feet; thence N 43°15'05" E 45.35 feet; thence N 48°10'52" E 49.54 feet; thence N 49°15'00" E 79.04 feet; thence N 72°57'10" E 61.64 feet to the westerly right-of-way line of Allen Boulevard; thence northeasterly to a point on the easterly right-of-way line of Allen Boulevard 5.42 feet north of the northwest corner of lot No. 4 of the Allen & Hayes Addition; thence N 49°15'00" E 131.84 feet to the westerly right-of-way line of Alley No. I of said addition; thence northeasterly to the northwesterly corner of Lot No. 2 of the Old Orchard Place plat; thence easterly along the northerly line of said lot to the westerly right-of-way line of Old Orchard Place; thence northerly to a point on the southerly right-of-way line of Eleanor Street 420.78 feet west of the westerly right-of-way line of Westnedge Avenue; thence northeasterly to the point where the north right-of-way line of Eleanor Street intersects with the southwesterly right-of-way line of Michikal Road; thence N 58°00'39" E 55.01 feet; thence N 59°54'36" E 50.10 feet; thence N 62°25'58" E 47.86 feet; thence N 67°28'18" E 60.48 feet; thence N 64°55'02" E 80.07 feet; thence southerly and parallel with Westnedge Avenue 67.96 feet; thence easterly and parallel with Eleanor Street 16.5 feet; thence southerly and parallel with Westnedge Avenue 66.0 feet to the northerly right-of way line of Eleanor Street; thence southeasterly to a point on the southerly right-of-way line of Eleanor Street 66.0 feet west of the westerly right-of-way line of Westnedge Avenue; thence southerly and parallel with the westerly right-of-way line of Westnedge Avenue 123.93 feet; thence westerly 66.0 feet; thence northerly and parallel with Westnedge Avenue 129.15 feet to the southerly right-of-way line of Eleanor Street; thence westerly along said right-of-way line 87.78 feet; thence southerly and parallel with Westnedge Avenue 132.0 feet more or less; thence westerly and parallel with Eleanor Street 132.0 feet; thence southerly and parallel with Old Orchard Place 172.0 feet; thence westerly and parallel with Michigan Avenue 117.9 feet; thence southerly and parallel with Westnedge Avenue to a point 229.0 feet north from the northerly right-of-way line of Michigan Avenue; thence westerly and parallel with Michigan Avenue 111.2 feet to the easterly right-of-way line of Allen Boulevard; thence southerly along said right-of-way line to the northerly right-of-way line of Michigan Avenue; thence westerly to the point-of-beginning.

§ 16-8 Haymarket Historic District.

[Added 1-28-1980 by Ord. No. 1186; amended 4-5-1982 by Ord. No. 1252; 6-2-1997 by Ord. No. 1637; 4-30-2007 by Ord. No. 1824]
The Haymarket Historic District, which was created pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., as amended, is hereby amended to include all of the properties included in the following boundary descriptions:
A. 
Beginning at a point on the northerly right-of-way line of East Michigan Avenue, 252.52 feet east of the intersection of said line and the easterly right-of-way line of North Burdick Street (also known as N. Kalamazoo Mall); thence north 100 feet; thence west 32.64 feet; thence north 79.8 feet; thence east 145.5 feet; thence southerly 37 feet more or less to a point that is 340 feet more or less southwesterly of the intersection of said line and the westerly right-of-way line of North Edwards Street; thence northeasterly 340 feet more or less to the intersection of southerly right-of-way line of Ihling Court and westerly right-of-way line of North Edwards Street; thence southeasterly along the westerly right-of-way line of North Edwards Street 255 feet, more or less, to the intersection of said line and the northerly right-of-way line of Bates Alley; thence southwesterly along the northerly right-of-way line of Bates Alley to the intersection of said line with the easterly right-of-way line of Portage Street; thence northwesterly along the easterly right-of-way line of Portage Street, and the extension thereof, 195 feet, more or less to the intersection of said line and the northerly right-of-way line of East Michigan Avenue; thence west, 85 feet, more or less to the point of beginning.
B. 
Also, beginning at a point on the southerly right-of-way line of East Michigan Avenue, 99 feet east of the intersection of said line and the easterly right-of-way line of North Edwards Street; thence northeasterly along the southerly right-of-way line of East Michigan Avenue 247.5 feet, to the intersection of the southerly line of East Michigan Avenue and the westerly line of S. Pitcher Street, thence northeasterly 68.03 feet to the intersection of the southerly line of East Michigan Avenue and the easterly line of South Pitcher Street; thence northeasterly along said southerly line, 88.22 feet; thence 426.32 feet southeasterly and parallel to easterly right-of-way line of South Pitcher Street; thence southwesterly 88.22 feet to the easterly right-of-way line of South Pitcher Street; thence northwesterly to a point on the easterly right-of-way line of South Pitcher Street which is 181.5 feet southerly of the intersection of said line and the southerly right-of-way line of East Michigan Avenue, thence southwesterly, 66.0 feet, to a point on the westerly line of said South Pitcher Street, said point being 165 feet southeasterly from intersection of said line and the southerly line of East Michigan Avenue; thence southwesterly 177.00 feet parallel to the southerly right-of-way line of East Michigan Avenue; thence northwesterly 65 feet parallel to the westerly right-of-way line of South Pitcher Street; thence southwesterly 82.5 feet parallel to the southerly right-of-way line of East Michigan Avenue; thence northwesterly 100 feet more or less, to the point of beginning.
C. 
Also, beginning at a point on the easterly right-of-way line of North Edwards Street 101 feet northwesterly of the intersection of said line and northerly right-of-way line of East Michigan Avenue; thence northwesterly along the easterly right-of-way line North Edwards Street 209 feet, more or less to the intersection of said line and the southerly right-of-way line of East Water Street; thence 105.5 feet northeasterly along the southerly right-of-way line of East Water Street; thence southeasterly and parallel to the easterly right-of-way line of North Edwards Street, 209 feet; thence southwesterly and parallel to the northerly right-of-way line of East Michigan Avenue 105.5 feet, more or less, to the point of beginning.
D. 
The East 44 feet of the South 80 feet of Lot 92, also the South 80 feet of Lot 94, also the West 30.5 feet of the South 80 feet of a blank Lot adjoining the east line of Lot 94 of the Original Plat for the Village (now City) of Kalamazoo according to the plat thereof recorded at Liber 6 of Plats Page 8.
[Added 7-19-2010 by Ord. No. 1870]
E. 
ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF KALAMAZOO, Liber 6 of Plats Page 8; Part of a blank Lot commencing on the north line of East Michigan Avenue 162.5 feet East of the east line of Burdick Street; thence North 80 feet; thence East 16 feet; thence South 80 feet; thence West 16 feet to the point of beginning.
[Added 7-19-2010 by Ord. No. 1870]
F. 
ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF KALAMAZOO, Liber 6 of Plats Page 8; Part of a blank Lot commencing on the north line of East Michigan Avenue 252.52 feet East of the east line of Burdick Street; thence North 80 feet; thence West 72.22 feet; thence South 80 feet to the north line of East Michigan Avenue; thence East 72.25 feet along the north line of East Michigan Avenue to the point of beginning.
[Added 7-19-2010 by Ord. No. 1870]

§ 16-9 Rose Area Historical District.

[Added 5-21-1984 by Ord. No. 1322; amended 4-30-2007 by Ord. No. 1824[1]]
A. 
The Rose Area Historical District, which was created pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., is hereby amended to consist of the following described properties:
(1) 
211 Rose Place--Bleykers Addition, E 53 ft. of W 218 ft. of Lot 104 EXC N43 ft.; E 53 ft. of W 218 ft. of Lot 105 EXC S 42 ft.
(2) 
212 Rose Place--Bleykers Addition, Lot 103 EXC E 100 ft. & W 10 1/2 R; N 23 ft. of Lot 104 EXC E 100 ft. & W 10 1/2 R.
(3) 
215 Rose Place--Bleykers Addition, E 41 ft. of W 165 ft. of S 23 ft. of Lot 104 & N 57 ft. of E 41 ft. of W 165 ft. of Lot 105.
(4) 
216 Rose Place--Bleykers Addition, E 3R of W 10 1/2 R of Lot 103; E 3R of W 10 1/2 R of Lot 104 EXC S 43 ft.
(5) 
219 Rose Place--Bleykers Addition, E 45.75 ft. of W 124 ft. of Lot 104 EXC N 43 ft.; E 45.75 ft. of W 124 ft. of Lot 105.
(6) 
220 Rose Place--Bleykers Addition, E 2 1/2 R of H 7 1/2 R of Lot 103; E 2 1/2 R of W 7 1/2 R of Lot 104 EXC S 43 ft.
(7) 
223 Rose Place--Bleykers Addition, E 37 ft. of W 78.25 ft. of Lot 104 EXC N 43 ft. Also E 37 ft. of W 78.25 ft. of Lot 105.
(8) 
224 Rose Place--Bleykers Addition, E 2 1/2 R of W 5 R of Lot 103; E 2 1/2 R of W 5 R of Lot 104 EXC 43 ft.
(9) 
227 Rose Place--Bleykers Addition, W 2 1/2 R of Lot 105; W 2 1/2 R of Lot 104 EXC N 43 ft.
(10) 
228 Rose Place--Bleykers Addition, W 2 1/2 R of Lot 103; W 2 1/2 R of Lot 104 EXC S 43 ft.
(11) 
229 Rose Place--Sills Addition, Part of Lot 24 Beg at pt. in E Li Lot 24, 16 R N of N Li Burr Oak Street, TH W 33.02 ft. TH N 66 ft., TH E 32.92 ft. to E Li SD Lot 24, TH S 66 ft. to Beg. Also Beg at NW Cor of above described parcel, TH 49.2 ft. to E Li Burr Oak Court TH S thereon 12 Ft. TH E 33.2 ft., TH SELY 22.6 ft. to a pt. in W Li of above described parcel, 28 ft. S of Beg., N 28 ft. to Beg. Also beg on the E line of SILLS ADDITION 20 R N of N li of Burr Oak Street; TH W 5R; TH N on E li of Burr Oak Court 2R; TH E to sd E li; TH S on sd E li 2R to beg.
(12) 
830 S. Rose Street--Bleykers Addition, E 100 ft. of Lot 103 EXC N 38 ft.; E 100 ft. of Lot 104 EXC. S 43 ft.
(13) 
904 S. Rose Street--Bleykers Addition, S 23 ft. of Lot 104 EXC W 218 ft.; N 24 ft. of Lot 105 EXC W 218 ft.
[1]
Editor's Note: This ordinance also renumbered former § 16-8 as § 16-10.

§ 16-10 (Reserved) [1]

[1]
Editor’s Note: Former § 16-10, South Burdick Historic District, added 9-10-1990 by Ord. No. 1502, amended 4-21-1997 by Ord. No. 1633; 6-2-1997 by Ord. No. 1637, was repealed 7-19-2010 by Ord. No. 1869.

§ 16-11 West Main Hill Historic District.

[Added 4-30-2007 by Ord. No. 1824]
Pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., as amended, the West Main Hill Historic District is hereby created. A finding having been made that the district has historic significance, they are hereby designated as historic structures. The district shall include all of the properties included in the following boundary descriptions:
A. 
Beginning at the intersection of the center line of West Main Street and the center line of Thompson Street, thence northwest along the center line of West Main Street to the City limits, said line also being the west line of Section 16 Town 2 South Range 11 West, thence south along the west line of Section 16 to the center line of Academy Street, thence southeasterly along center line of Academy Street to the center line of Valley Street, thence south along the center line of Valley Street to the south line of Section 16, thence east along the south line of Section 16 to the center line of Burrows Road, thence south along the center line of Burrows Road to the center line of West Michigan Avenue, thence northeast along the center line of West Michigan Avenue to the intersection of the center line of West Michigan Avenue and the center line of Monroe Street, thence north along the center line of Monroe to the intersection of the center line of Monroe Street and the center line of Academy Street, thence east along the center line of Academy Street to the intersection of the center line of Academy Street and the center line of Bulkley Street, thence north along the center line of Bulkley Street to a point 273 feet south of the south line of Grand Avenue, thence east about 30 feet to the east line of Bulkley Street to a point 273 feet south of the south line of Grand Avenue, thence east 115.5 feet parallel to the north line of Lot 21 of University Addition, thence north 37 feet parallel to the east line of Bulkley Street; thence east seven feet parallel to the north line of Lot 21 of University Addition, thence north 38 feet parallel to the east line of Bulkley Street to a point on the south line of Lot 25 of University Addition, thence east about 42.5 feet along the south line of Lots 25 and 24 of University Addition to the east line of the west half of Lot 24 of University Addition, thence north 66 feet along the east line of the west half of Lot 24 of University Addition to a point 132 feet south of the south line of Grand Avenue, thence east parallel to and 132 feet south of the south line of Grand Avenue 195 feet to the center line of Thompson Street, thence north along the center line of Thompson Street to the center line of West Main Street and the point of beginning.
B. 
Also, beginning at the northeast corner of West Michigan Avenue and Stone Street, thence north along the east line of Stone Street to the south line of West Lovell Street, thence east along the south line of West Lovell Street to a point 132 feet east of the east line of Eldred Street, thence south parallel to and 132 feet east of the east line of Eldred Street to the northeasterly line of the Michigan Central Railroad right-of-way, thence southwesterly along said northeasterly line to the center line of West Michigan Avenue (now vacated), thence southwesterly along the center line of West Michigan Avenue (portion vacated) to the east line of Stone Street as extended south, thence north said southerly extension to the northeast corner of West Michigan Avenue and Stone Street and point of beginning.

§ 16-12 Single resource historic districts.

[Added 4-30-2007 by Ord. No. 1824]
A. 
Pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., as amended, the following historic districts, which were previously in other historic districts, are hereby denominated as single resource historic districts, a finding having been previously made that these structures have historic significance. These single resource historic districts are as follows:
(1) 
Ladies Library Historic District, 333 South Park Street (previously part of the South Street Area Historic District). This abstract extends back to August 3, 1878, and is the following described land in Kalamazoo County: That part of Blank Block bounded on the south by Lovell Street, on the east by Church Street (now known as St. John's Place), on the north by South Street, and on the west by Jail (now known as Park Street), in the Town (now City), of Kalamazoo according to the recorded plat thereof as recorded in Liber 6 of Plats on Page 8, Kalamazoo County records described as: Commencing at a point four rods north of Lovell Street which point is on the prolongation of the east line of land deeded by deed recorded in Liber 49 of deeds on page 23 in the office of the Register of Deeds for Kalamazoo County; thence north 55 feet; thence west parallel with the north line of Lovell Street to the east line of Park Street; thence south on the east line of Park Street 55 feet to a point four rods north of the north line of Lovell Street; thence east parallel with the north line of Lovell Street, and four rods distant therefrom to the point of beginning. Also a parcel described as commencing at a point four rods north of Lovell Street, and said point being the southeast corner of the above described parcel thence north on the line of said piece of land 55 feet; thence east parallel with Lovell Street, three rods; thence south parallel with Park Street, 55 feet; thence west parallel with Lovell Street, three rods to the point of beginning.
(2) 
Michigan Central Railroad Depot Historic District, 459 North Burdick Street (previously part of the South Street Area Historic District), Lots 1 to 15, inclusive, Block 15, Original Plat of Kalamazoo, except the south 60.0 feet.
(3) 
State Hospital Gate House Historic District. 1006 Oakland Drive (previously part of the Stuart Area Historic District): Commencing at the intersecting center line of Wheaton Avenue and Oakland Drive; thence N 22°W 50.0 feet from the place of beginning; thence continuing N 22°W 160.0 feet; thence N 0° 100.0 feet; thence E 90° 230.0 feet; thence S 25° W 215.0 feet; thence westerly 30.0 feet to the place of beginning.
(4) 
State Hospital Water Tower Historic District (previously part of the Stuart Area Historic District), 1006 Stadium Drive: Commencing at the intersecting center line of Howard Street and Oakland Drive; thence N 0° 1,705.0 feet; thence E 90° 150.0 feet from the place of beginning; thence N 0° 130.0 feet; thence E 90° 130.0 feet; thence S 0° 130.0 feet; thence westerly 130.0 feet to the place of beginning.
(5) 
W.M.U. Oaklands Historic District, 1815 West Michigan Avenue (previously part of the Stuart Area Historic District): Beginning at the intersecting center line of West Michigan Avenue and South Dormitory Road; thence southerly with the South Dormitory center line, 450.0 feet; thence W 90° 360.0 feet; thence N 0° 320.0 feet to the center line of West Michigan Avenue; thence easterly to the place of beginning.
B. 
Pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., as amended, the following single resource historic districts are hereby created. A finding having been made that all the structures have historic significance, they are hereby designated as historic structures. These single resource historic districts are described as follows:
(1) 
David Lilienfeld House Historic District, 447 West South Street: Commencing on the south line of South Street, 16 rods east of the west line of section 15-2-11 thence south nine rods thence east 76 feet thence north nine rods thence west 76 feet to the beginning.
(2) 
Marlborough Local Historic District, 471 West South: Commencing at a point four rods (66. feet) east of southeast corner of South Street and Westnedge Avenue in the City of Kalamazoo, Michigan, to point of beginning. Thence east along the south line South Street 12 rods (198. feet); thence south parallel with the west line of section 15 town 2 South, range 11 West 147.09 feet; thence S.89 degrees 24 feet east parallel with the north line of Lovell Street 76 feet; thence south parallel with the west line of Section 15 132 feet to a point in the north line of Lovell Street (said point being 340 feet east of the west line of Section 15); thence west along the north line of Lovell Street 208 feet; thence north parallel with the west line of Section 15 137.51 feet; thence west four rods (66.feet); thence north parallel with the west line of Section 15 eight rods (132 feet) to the point of beginning.
(3) 
Nelson-Kirkpatrick House Historic District, 2104 Sheffield: WAITES ADDITION Lot 1 Blk 7 Also unplatted land in NE 1/4 Sect 29-2-11 Beg at NW cor Lot 1 Blk 7 WAITES ADDITION; TH N 0deg 17min W alg 1/8 li 281ft; TH S 87deg 57min E 287.6ft; TH S 32deg 12min E 80.25ft; TH S 13deg 31min E 181.85ft to NE cor of sd Lot 1 Blk 7; TH S 86deg 1min W 375.15ft to p.o.b.
(4) 
Citizens Street Railway Car Barn Historic District, 1301 Cameron: KALAMAZOO LAND & IMPROVEMENT COMPANY'S ADDITION Lots 44-45-46-47.

§ 16-13 Rickman Hotel Historic District.

[Added 7-19-2010 by Ord. No. 1869]
A. 
Pursuant to Act No. 169 of the Public Acts of 1970, MCLA § 399.201 et seq., as amended, and the provisions of § 16-5A, a single resource historic district to be known as the Rickman Hotel Historic District is established. The historic district shall consist of the following described property:
(1) 
The North 46.33 feet of Lot 5 and the East 16 feet of the North 46.33 feet of Lot 4, Block 6 of the original plat for the Village (now City) of Kalamazoo according to the plat thereof recorded at Liber 6 of Plats Page 8.

§ 16-14 (Reserved)

§ 16-15 (Reserved)

§ 16-16 Created; name.

[Adm. Code § A229.2; amended 1-18-2005 by Ord. No. 1780]
Pursuant to Act No. 169, Public Acts of Michigan 1970, MCLA § 399.201 et seq., a Commission, to be known as the "Kalamazoo Historic District Commission," is hereby created.

§ 16-17 Composition; appointment and terms of members.

[Adm. Code § A229.3; amended 1-18-2005 by Ord. No. 1780]
A. 
The Historic District Commission shall consist of seven members residing in the City, one of whom shall be a graduate of an accredited school of architecture who has two years of architectural experience or who is a duly registered architect registered in Michigan if such a qualified person is available for appointment. A majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation.
B. 
Members shall be appointed by the Mayor with the approval of the City Commission. Appointments shall be for three-year terms except the initial appointments shall provide for three three-year terms, two two-year terms and two one-year terms so that subsequent appointments shall not recur at the same time. Two of the initial three-year term appointments shall be made from a list of citizens submitted by a duly organized and existing preservation society or societies. All terms terminate on January 1, except that a member shall continue in office until a successor is appointed and takes office. Members shall be eligible for reappointment. In the event a vacancy on the Commission occurs, an interim appointment shall be made by the Mayor within 60 calendar days, with the approval of the City Commission, to complete the unexpired term.
C. 
A member may be removed from the Commission due to acts or omissions contrary to the purpose of the Commission or for absence from three of six consecutive meetings without justifiable cause. The member may be removed with a majority vote of the City Commission.

§ 16-18 Election and terms of officers.

[Adm. Code § A229.3.1; amended 1-18-2005 by Ord. No. 1780]
The Commission shall elect from its membership a chairperson and such other officers as it deems advisable. The terms of the officers shall be for one year and they shall be eligible for reelection.

§ 16-19 Quorum; number of members required for action.

[Adm. Code § A229.3.1]
A majority of the members of the Commission shall constitute a quorum. A majority of the members is required to take action on all matters not of an administrative nature, but a majority of a quorum may deal with administrative matters.

§ 16-20 Rules of procedure.

[Adm. Code § A229.3.2]
The Commission shall propose rules of procedure for approval by the City Commission.

§ 16-21 Meetings to be open to public; right to be heard.

[Adm. Code § A229.3.3; amended 1-18-2005 by Ord. No. 1780]
The business that the Commission may perform shall be conducted at a public meeting of the Commission held in compliance with the Open Meetings Act, 1976 PA 267, MCLA §§ 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCLA §§ 15.261 to 15.275. 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.

§ 16-22 General powers and duties.

[Adm. Code § A229.3.4.1; amended 3-23-1992 by Ord. No. 1527; 1-18-2005 by Ord. No. 1780; 4-30-2007 by Ord. No. 1824]
A. 
Historical preservation is a public purpose. To serve that purpose, the Historic District Commission is hereby charged with the following responsibilities:
(1) 
The Kalamazoo Historic District Commission is empowered to regulate work on the exterior of historic resources and nonhistoric resources in historic districts in the City of Kalamazoo and shall otherwise have all powers invested in Historic District Commissions pursuant to the Local Historic Districts Act, MCLA § 399.201 et seq., 1970 P.A. 169, as amended.
(2) 
To regulate work on resources which, by City ordinance, are historic or nonhistoric resources located within local historic districts, including but not limited to the moving of any structure into or out of, or the building of any structure in, an historic district.
(3) 
In those instances where efforts of the Historic District Commission to preserve an historic resource in the historic district or districts fail, or it is deemed that public ownership is most suitable, to recommend that the City Commission acquire such property.
(4) 
To establish local design standards and guidelines based upon and equivalent to the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," which may take the form of definitions, written descriptions, supplementary sheets, graphic displays, standards, and/or maps.
(5) 
The Kalamazoo Historic District Commission shall adopt its own rules of procedure and shall adopt design review standards and guidelines for work on historic resources to carry out its duties under this chapter and the Local Historic Districts Act, MCLA § 399.201 et seq.
B. 
The Historic District Commission may:
(1) 
Maintain public historic resources in the local historic district or districts using its own funds, if not specifically earmarked for other purposes, or those public funds committed to this use by the City Commission.
(2) 
Act as the agent of the City Commission to accept and administer grants and gifts for historical preservation purposes in the historic district or districts.

§ 16-23 Approval or rejection of work on structures in historic districts, or structures being moved into or out of or constructed in historic districts.

[Adm. Code §§ A229.1 - A229.4.3, A229.4.5, A229.5; amended 3-23-1992 by Ord. No. 1527; 1-18-2005 by Ord. No. 1780; 4-30-2007 by Ord. No. 1824]
A. 
A permit shall be obtained before any work affecting the exterior appearance of a resource is performed within an historic district or, if required under Subsection E, work affecting the interior arrangements of a resource is performed within an historic district. The person, individual, partnership, firm, corporation, organization, institution, or agency of government proposing to do that work shall file an application for a permit with the Building Official. The Building Official shall immediately refer the application for a permit together with all required supporting materials that make the application complete to the Historic Preservation Coordinator. A permit shall not be issued and proposed work shall not proceed until the Historic Preservation Coordinator or the Historic District Commission has acted on the application by issuing a certificate of appropriateness or a notice to proceed as prescribed in this chapter. A certificate of appropriateness shall not be issued unless the applicant certifies in the application that the property where work will be undertaken has, or will have before the proposed project completion date, a fire alarm system or a smoke alarm complying with the requirements of the Stille-DeRossett-Hale Single State Construction Code Act, 1972 P.A. 230, MCLA §§ 125.1501 to 125.1531. The City may charge a reasonable fee to process a permit application, said fee to be set by the Building Official.
B. 
In reviewing plans, the Historic Preservation Coordinator shall consider and apply relevant design standards established by the Historic District Commission and adopted by resolution of the City Commission and is authorized to approve proposed work which complies with the Historic Design Standards, as adopted, and issue certificates of appropriateness. The Historic Preservation Coordinator shall regularly report the issuance of such certificates of appropriateness to the Historic District Commission. On a monthly basis, the Historic District Commission shall review the certificates of appropriateness that have been issued to determine the appropriateness thereof and whether or not the delegated responsibilities of the Historic Preservation Coordinator should be continued. The Historic District Commission shall provide to the Historic Preservation Coordinator or other delegated staff specific written standards for issuing certificates of appropriateness under this subsection.
C. 
If the proposed work is not addressed by the Design Standards, then that proposal shall be referred to the Historic District Commission.
D. 
When reviewing the application for permit, the Historic District Commission shall follow the Secretary of Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as set forth in 36 CFR Part 67. Design review standards and guidelines that address special design characteristics of historic districts administered by the Historic District Commission may be followed if they are equivalent in guidance to the Secretary of Interior's standards and guidelines and are established or approved by the Department of History, Arts, and Libraries. The Historic District Commission shall also consider all of the following:
(1) 
Local design guidelines, as they are adopted by resolution of the City Commission; and
(2) 
The historical or architectural value and significance of the resource and its relationship to the historical value of the surrounding area; and
(3) 
The relationship of any architectural features of the resource to the rest of the resource and to the surrounding area; and
(4) 
The general compatibility of the design, arrangement, texture and materials proposed to be used; and
(5) 
Other factors, such as aesthetic value, that the Historic District Commission finds relevant.
(6) 
Whether the applicant has certified in the application that the property where work will be undertaken has, or will have before the proposed project completion date, a fire alarm system or a smoke alarm complying with the requirements of the Stille-DeRossett-Hale Single State Construction Code Act, 1972 P.A. 230, MCLA §§ 125.1501 to 125.1531.
E. 
The Historic Preservation Coordinator or the Historic District Commission shall review and act upon only exterior features of a resource and, except for noting compliance with the requirement to install a fire alarm system or a smoke alarm, 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 Historic District Commission shall not disapprove an application due to considerations not prescribed in Subsection B.
F. 
If an application is for work that will adversely affect the exterior of a resource the Historic District Commission considers valuable to the City, state, or nation, and the Historic District Commission determines that the alteration or loss of that resource will adversely affect the public purpose of the City, state, or nation, the Historic District Commission shall attempt to establish with the owner of the resource an economically feasible plan for preservation of the resource.
G. 
Work within an historic district shall be permitted through the issuance of a notice to proceed by the Historic District Commission if any of the following conditions prevail and if the proposed work can be demonstrated by a finding of the Historic District 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 occupants.
(2) 
The resource is a deterrent to a major improvement program which 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) 
Retention of the resource would 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. 
The Historic District Commission and the Historic Preservation Coordinator shall file with the Building Official the certificate of appropriateness, notice to proceed or notice of denial for plans submitted to it for review.
(1) 
No work shall begin until a certificate of appropriateness or a notice to proceed is filed.
(2) 
A certificate of appropriateness, notice to proceed or notice of denial is binding on the Building Official, Historic Preservation Coordinator, and the applicant. No permit shall be issued and no work shall be done contrary to any certificate of appropriateness, notice to proceed or notice of denial issued.
(3) 
The failure of the Historic District Commission or the Historic Preservation Coordinator to act within 60 calendar days after the date a complete application is filed, unless an extension is agreed upon in writing by the applicant and the Historic District Commission or the Historic Preservation Coordinator, shall be considered to constitute approval.
(4) 
A notice of denial shall be accompanied by a written explanation including:
(a) 
The reason for denial citing the Secretary of Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and relevant standards from the Historic District Commission Standards and Guidelines; and
(b) 
A proposal for a remedy; and
(c) 
A notice that an application may be resubmitted for Commission review when suggested changes have been made; and
(d) 
Notification of the applicant's rights of appeal to the State Historic Preservation Review Board and to the circuit court.

§ 16-24 Plans for preservation of structures.

[Adm. Code § A229.4.4; amended 1-18-2005 by Ord. No. 1780]
In case of an application for a permit for work affecting the exterior appearance of a resource or for the moving or demolition of a resource which the Commission deems so valuable to the City, state or nation that the loss thereof will adversely affect the public purpose of the City, state or nation, the Commission shall endeavor to negotiate with the owner an economically feasible plan for preservation of the resource.

§ 16-25 Records.

[Adm. Code § A229.3.3; amended 1-18-2005 by Ord. No. 1780]
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 maintained in the Planning and Community Development Department and shall be made available to the public in compliance with the Freedom of Information Act, 1976 PA 442, MCLA §§ 15.231 to 15.246.

§ 16-26 Appeals from Commission.

[Adm. Code § A229.7; amended 1-18-2005 by Ord. No. 1780]
A. 
Any persons jointly or severally aggrieved by a decision of the Historic District Commission may file an appeal with the State Historic Preservation Review Board of the Michigan Historical Commission within the Department of State. The appeal shall be filed within 60 days after the decision is furnished to the applicant. A permit applicant aggrieved by a decision of the State Historic Preservation Review Board may appeal the decision to the Kalamazoo County circuit court.
B. 
Any citizen or duly organized historic preservation organization in the local unit, as well as resource property owners, jointly or severally aggrieved by the decision of the Historic District Commission may appeal the decision to the Kalamazoo County circuit court except that a permit applicant under § 16-23 may not appeal to the court without first exhausting the right to appeal to the State Historic Preservation Review Board as specified in § 16-26A.

§ 16-27 Failure to comply with certificates of appropriateness.

[Added 3-3-1986 by Ord. No. 1371; amended 3-23-1992 by Ord. No. 1527; 1-18-2005 by Ord. No. 1780]
A. 
Failure to begin work within a reasonable time or at least within six months following the issuance of the certificate of appropriateness or notice to proceed, or failure to complete work within a reasonable period of time shall constitute abandonment by the applicant, and the certificate of appropriateness or notice to proceed shall expire. No work shall begin until a new certificate of appropriateness or notice to proceed is issued or a request for extension is filed and approved in accordance with this chapter.
B. 
If the work is not commenced or completed in a timely manner or is otherwise not in accordance with the certificate of appropriateness or the notice to proceed, the applicant shall be notified by the building official and given a reasonable period of time in which to correct said work to conform to the certificate of appropriateness or the notice to proceed.
C. 
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. 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. 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 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 local unit 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.

§ 16-28 List of improvements subject to historic district procedures, though building permit not required.

[Added 3-23-1992 by Ord. No. 1527; amended 1-18-2005 by Ord. No. 1780]
If a resource is governed by this chapter, and the work to be done includes one or more items on the following list of improvements, which improvements do not otherwise require a building or other permit from the Department of Planning and Community Development, then the procedures of Article II of this chapter shall apply to said improvement:
A. 
New storm doors and windows;
B. 
Nonstructural repairs of trim and architectural ornamentation;
C. 
Fences: repairs and/or new construction;
D. 
Decks: repairs and/or new construction;
E. 
Siding repairs;
F. 
Minor roofing repairs;
G. 
Change of sign faces;
H. 
Installation of satellite dishes and antennas;
I. 
Exterior lighting freestanding and/or attached to the resource;
J. 
Retaining walls; and/or
K. 
Replacement windows.

§ 16-29 Demolition by neglect.

[Added 1-18-2005 by Ord. No. 1780]
A. 
Upon a finding by the Commission that a historic resources within the local 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:
(1) 
Require the owner of the resource to repair all conditions contributing to demolition by neglect.
(2) 
If the owner does not make the necessary repairs within a reasonable time, the Commission or its agents may 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 as a special assessment against the property. The Commission or its agents may enter the property for purposes of this section upon obtaining an order from the circuit court.

§ 16-30 Violation; fine; payment of costs.

[Added 1-18-2005 by Ord. No. 1780]
In addition to any penalties set forth in the Local Historic Districts Act, MCLA § 399.201 et seq., a person, individual, partnership, firm, corporation, organization, institution or agency of government that violates this chapter 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.

§ 16-31 Review of applications within proposed historic district; emergency moratorium.

[Added 1-18-2005 by Ord. No. 1780]
A. 
Upon receipt of substantial evidence showing the presence of historic, architectural, archaeological, or cultural significance or a proposed local historic district, the City Commission may, at its discretion, adopt a resolution requiring that all applications for permits within the proposed local historic district be referred to the Historic District Commission as described in § 16-23. The Historic District Commission shall review applications with the same powers it would apply if the proposed local historic district was an established local historic district. The review may continue in the proposed local historic district for not more than one year or until such time as the City Commission approves or rejects the establishment of the local historic district by ordinance, whichever comes first.
B. 
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.