§ 12-174. Application required; standards; exemptions.

(a)

An application for a permit shall be filed with the zoning department prior to any work on a resource within a historic district.

(b)

The zoning administrator or his or her designee shall refer each application for a permit for any work that is not minor as specified in section 12-173(5)c. together with all required supporting materials that make the application complete to the commission. In reviewing plans, the commission shall consider and apply relevant design standards established by the historic districts commission and adopted by resolution of the city council.

(c)

When reviewing plans, the commission shall follow the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The commission shall also consider:

(1)

Local design guidelines, as they are adopted;

(2)

The historical or architectural value and significance of the resource and its relationship to the historical value of the surrounding area;

(3)

The relationship of the exterior architectural features of such resource to the rest of the structure resource and to the surrounding area;

(4)

The general compatibility of exterior design, arrangement, texture and materials proposed to be used; and

(5)

Any other factor, including aesthetic, which it deems to be pertinent.

(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, Public Act No. 230 of 1972, MCL 12.1501 to 125.1531.

(d)

The historic districts commission shall review only the exterior features of a resource and shall not consider interior alterations or work unless specifically authorized to do so by the city council or unless interior work will cause visible change to the exterior of the resource.

(e)

When reviewing applications, the commission shall make its determination based on the considerations set forth in subsection (c)(3) of this section.

(f)

Inappropriate work within a historic district shall be permitted if a notice to proceed is issued by the commission where any of the following conditions prevail and if the historic district commission finds the proposed work 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 the occupants;

(2)

The resource is a deterrent to a major public or private improvement program that will be of substantial benefit to the community and the applicant proposing the work has obtained all necessary planning and zoning approvals, financing and environmental clearances;

(3)

Retaining the resource 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; and/or

(4)

Retaining the resource would not be in the best interest of the majority of the community.

(g)

The commission shall file with the zoning administrator or his or her designee its certificate of appropriateness, notice to proceed or notice of denial for plans submitted to it for review.

(h)

No work shall begin until a certificate of appropriateness or a notice to proceed is filed.

(i)

The zoning administrator or his or her designee shall notify the applicant, in writing, of the actions of the commission.

(j)

A certificate of appropriateness, notice to proceed or notice of denial is binding on the zoning administrator or his or her designee 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. In all cases the historic integrity and historic character of the historic resource shall be maintained to the maximum extent possible.

(k)

The failure of the commission to act within 60 calendar days after the date a complete application is filed with the commission, unless the applicant and the commission mutually agree upon an extension of time, in writing, shall be deemed to constitute approval.

(l)

A notice of denial shall be accompanied by a written explanation from the commission, including:

(1)

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;

(2)

A proposal for a remedy;

(3)

A notice that an application may be resubmitted for commission review when suggested changes have been made; and

(4)

Notification of the applicant's rights or appeal to the state historic preservation review board and to the circuit court.

(m)

A commission shall not issue a certificate of appropriateness 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, Public Act No. 230 of 1972, MCL 125.1501 to 125.1531.

(Prior Code, § 5.617; Ord. No. 2005-06, 4-18-2005; Ord. No. 2010-10, § 8, 8-2-2010; Ord. No. 2013-12, §§ 4—6, 11-4-2013)

State law reference

Permit procedure, MCL 399.205.