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[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 appointm...

[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 hist...

[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 c...

[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 decis...

[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 ...

[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 ...

[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 th...

[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...

[HISTORY: Adopted by the City Commission of the City of Kalamazoo 10-18-1999 by Ord. No. 1687 ; amended in its entirety 12-1-2014 by Ord. No. 1929 . Subsequent amendments noted where applicable.] GENERAL REFERENCES Authority of housing inspectors to serve summons for Code violation — See § 1-8B . Buildings and building regulations — See Ch. 9 . Fire prevention and protection — See Ch. 15 . Garbage and trash — See Ch. 15A . Historic districts — See Ch. 16 . Discrimination in real estate transactions — See § 18-17 et seq. Nuisances — See § 22-3 et seq. Wastewater discharge regulations and enforcement procedures — See Ch. 28 . Solid waste — See Ch. 31 . Swimming pools — See Ch. 34 . Tax exemption for certain housing projects — See § 35-4 . Water — See Ch. 38...