[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.
[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.
Work that changes the details 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 that does not adversely affect a resource.
The Kalamazoo Historic District Commission created by § 16-16.
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.
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.
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.
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.
The identification, evaluation, establishment and protection
of resources significant in history, architecture, archeology, engineering
or culture.
The City employee working as the liaison to the Historic
District Commission.
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.
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.
Undeveloped land, a naturally landscaped area 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. 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.
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.
One or more publicly or privately owned historic or nonhistoric
buildings, structures, sites, objects, features or open spaces located
within the historic district.
Construction, addition, alteration, repair, moving, excavation
or demolition.
[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.
[Adm. Code § A229.6]
Nothing in this chapter shall be construed to
prevent ordinary maintenance or repair of any structure within an
historic district.
[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.
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.
[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:
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.
[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.
[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.
[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]
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: 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.
[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.
[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.
(5)
First Baptist Church Historic District, 315 West Michigan Avenue:
A parcel of land located in the southwest ¼ of Section 15,
Town 2 South Range 11 West more particularly described as: Original
Plat of the Town (now City) of Kalamazoo, Liber 6 of Plats Page 8;
the northeast ¼ of the Block known as Church Square, being
8 Rods by 8 Rods.
[Added 7-6-2021 by Ord. No. 2034]
[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.
[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.
[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.
[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.
[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.
[Adm. Code § A229.3.2]
The Commission shall propose rules of procedure
for approval by the City Commission.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
